(a) an activity associated with public infrastructure such as utility, energy, communications, transportation facilities, however, this exception shall not apply to activities proposed on all classes of barriers, barrier islands or spits except as provided in 210.2.D.9;

(b) a water-dependent activity that generates substantial economic gain to the state; and/or

(c) an activity that provides access to the shore for broad segments of the public.

1. Sewage: The Council has adopted the definition of sewage set forth under R.I.G.L. § 46-12-1, to wit: "... any human or animal excremental liquid or substance, any decomposed animal or vegetable matter, garbage, offal, filth, waste, chemicals, acid, dyestuff, starch, coloring matter, oil and tar, radioactive substances and any compound solution, mixture or product thereof, and every substance which may be injurious to public health or comfort, or which would injuriously affect the natural and healthy propagation, growth or development of any fish or shellfish in the waters of this state, or of the nourishment of the same, or which would injuriously affect the flavor, taste, or value of food of any such fish or shellfish or which would defile said waters or injure or defile any vessel, boat, wharf, pier, or any public or private property upon, in or under said waters or any shore thereof.”

For purposes of the Coastal Resources Management Program, "sewage" is further defined to include freshwater discharges including runoff that may significantly alter the salinity of tidal waters or salt ponds. The term "sewage" also includes discharges of heated waters. pursuant to R.I.G.L. § 46-12-1, sewage means “fecal material and human waste, or wastes from toilets and other receptacles intended to receive or retain body waste, and any wastes, including wastes from human households, commercial establishments, and industries, and storm water runoff...” For purposes of the Coastal Resources Management Program, “sewage” is further defined to include freshwater discharges, including stormwater runoff that may significantly alter the salinity of tidal waters or salt ponds; the terms “wastewater” and “septage”, as defined by the DEM OWTS Rules; and discharges of heated waters to tidal waters of the state.

2. Individual sewage disposal system (ISDS): any arrangement for sanitary sewage disposal by means other than discharge into a public sewer system. Onsite wastewater treatment systems (OWTS): means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public sewer system.

3. Point source discharges: any conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, container, transport vehicle or vessel from which sewage is or may be discharged. means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which sewage is or may be discharged.

4. Sewage treatment plants: sewage collection and treatment facilities, including state, municipal, or privately owned and operated collection, pumping, treating, disposal or dispersion facilities designed for the treatment of sewage from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water, or surface runoff that may be present in the waste stream.

5. Stormwater runoff: that portion of precipitation that does not naturally infiltrate into the landscape (e.g., without human influence) but rather travels overland as surface flow. It is also commonly referred to as "stormwater". Stormwater runoff can beis a significant contributor of pollutants including such as sediments, bacteria, nutrients (e.g., nitrogen and phosphorus), hydrocarbons (e.g., oil and grease), metals, and other substances which canthat adversely affect water quality and the coastal environment. In addition, significant discharges of stormwater may alter salinity and thereby, adversely impact the coastal environment, especially in poorly flushed estuaries and embayments.

6. Stormwater management plan: A stormwater management plan is a description of the proposed best management practices, detailed site plans, and written narrative that, A plan describing the proposed methods and measures to prevent or minimize stormwater runoff (water quality and quantity) impacts associated with a development project both during and after construction. It identifies selected low impact development (LID) source controls and treatment practices to address those potential impacts, the engineering design of the treatment practices, and maintenance requirements for proper performance of the selected practices. The stormwater management plan details how a project complies with the eleven (11) minimum stormwater management standards and performance criteria detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. when When such a plan is implemented, it provides protection and restoration of receiving waters by reducing pollutant loadings and other negative impacts associated with changes in land use (i.e., urbanization).

7. Large Projects: For the purposes of the stormwater management requirements contained in this section, large projects are defined as any one of the following: subdivisions of six (6) units or more; any structure serviced by an on-site sewage disposal system serving 2000 gallons or more per day; any activity which results in the creation of one (1) acre or more of parking facilities, roadways, or impervious surfaces; all new roads, highways, and bridges; all improvement projects to roads, highways, and bridges (excluded from these requirements are projects consisting only of pavement resurfacing, minor roadway repairs, or emergency roadway and drainage repairs); any activity which is subject to the RIPDES general permit requirements for construction activities or industrial activities; any activity subject to Section 300.8; any activity subject to Section 300.13; and any activity subject to Section 320. Redevelopment: for purposes of the CRMC is defined as any construction, alteration, or improvement that disturbs existing impervious area, regardless of the total area disturbed, where the existing land use is commercial, industrial, institutional, governmental, recreational, or multi-family residential.

8. Small Projects: For the purposes of the stormwater management requirements contained in this section, small projects are defined as all new development and redevelopment or modification of existing commercial and industrial structures, or residential subdivisions of 5 units or less. In addition, activities which are classified as maintenance, and projects which receive a finding of no significant impact (FONSI) are excluded from these requirements. Low Impact Development (LID): is a site planning and design strategy aimed at maintaining or replicating the predevelopment hydrology through the use of site planning, source control, and small-scale practices integrated throughout a site to prevent, infiltrate, and manage stormwater runoff as close to its source as possible. LID achieves natural resource protection by replenishing groundwater supplies, minimizing the stormwater runoff volume discharged to surface waters, and improving water quality. Examples of LID practices include bioretention, vegetated swales, stormwater planters, porous pavement or concrete, greenroofs, rainwater collection systems for water reuse, and other similar methods.

9. Water quality volume: the storage needed to capture and treat 90% of the average annual stormwater runoff volume, and in Rhode Island this equates to one (1)-inch of runoff from impervious surfaces.

10. Maximum extent practicable: means the applicant has made all reasonable efforts to meet the standard, including the evaluation of alternative methods to achieve the same level of treatment. To show that a proposed development has met a standard to the maximum extent practicable, the applicant must demonstrate the following: (1) all reasonable efforts have been made to meet the standard in accordance with current local, state, and federal regulations; (2) a complete evaluation of all possible management measures has been performed; and (3) if full compliance cannot be achieved, the highest practicable level of management is being implemented.

1. It is the Council's policy to maintain and, where possible, improve the quality of coastal wetlands, contiguous freshwater wetlands, freshwater wetlands in the vicinity of the coast, groundwater resources and tidal and salt pond surface waters. In so doing, the Council requires the use of low impact development (LID) strategies as the primary method of stormwater management to reduce the volume of stormwater runoff to surface waters, recharge groundwater supplies, and improve overall water quality.

2. It is the Council's policy to minimize the amount of ISDSonsite wastewater treatment system (OWTS)-derived nitrates and other potential contaminants which may leach into salt ponds and all other Type 1, 2, and 3 waters.

3. Applicants for Assents for ISDS are encouraged The Council encourages applicants for a CRMC Assent to install, alter or repair an OWTS to meet on site with CRMC staff prior to undertaking of ISDS OWTS groundwater and soil tests to discuss the location of the system and buffer zones, where applicable.

4. It is the Council's policy to require the proper management and treatment of stormwater through the preparation and implementation of a stormwater management plan which satisfies the requirements of the RICRMP. All activities which meet the definition of a large project must prepare and implement a stormwater management plan which satisfies the requirements of Section 300.6.E.2. All activities which meet the definition of small project must satisfy the stormwater management standards contained in Section 300.6.E.3. in accordance with the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual, and which satisfies the requirements of the RICRMP and any applicable Special Area Management Plan.

5. The most recent version of the Rhode Island Stormwater Design and Installation Standards Manual provides the appropriate methods for the preparation of stormwater management plans and the treatment of stormwater with "Best Management Practices" (BMP) using LID practices and methods within the CRMC's jurisdiction. However, applicants are encouraged to consult other appropriate guidance and technical stormwater design manuals such as Schueler (1987) and Schueler (1992). The Council also recognizes that the most recent version of the Rhode Island Soil and Erosion and Sediment Control Handbook, and its amendments, published jointly by the Rhode Island Department of Environmental Management and the United States Department of Agriculture (USDA), Soil Conservation Service (SCS) Natural Resources Conservation Service (NRCS) provides additional guidance and supplemental information with respect to the management and treatment of stormwater.

6. After construction has been completed and the site has been permanently stabilized, the average annual total suspended solid loadings (TSS) shall be reduced by 80 percent. In addition, to the maximum extent practicable, the post development peak runoff rate and the average volume from 2-year, 25-year, and 100-year storm events shall be maintained at pre-development levels unless: i) the applicant has obtained local or state approval which certifies that the existing storm drain system has the capacity to accommodate the additional stormwater runoff; or ii) the stormwater runoff is conveyed, preferably without hardened channels, non-erosive to tidal waters. It is the Council’s policy that all stormwater management plans shall take into consideration all potential impacts associated with the discharge of stormwater runoff into the coastal environment. Potential impacts include, but are not limited to, the following: (i) impacts to salt marshes such as changes in species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the salinity of receiving waters; (iii) thermal impacts to receiving waters; (iv) the effects of introducing stormwater runoff to receiving waters with low dissolved oxygen concentrations; and (v) other potential water quality impacts.

7. All stormwater management plans required by the Council should clearly describe the Best Management Practices (BMP) as found in Rhode Island's Stormwater Design and Installation Standards Manual that will be used to treat and mitigate adverse environmental impacts associated with stormwater runoff. In addition, all stormwater management plans shall take into consideration all potential impacts associated with the discharge of stormwater runoff into the coastal environment. Potential impacts include, but are not limited to, the following: (i) impacts to coastal wetlands such as changes in species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the salinity of receiving waters; (iii) thermal impacts to receiving waters; (iv) effects of introducing stormwater runoff to receiving waters that has low dissolved oxygen concentrations; and (v) other potential water quality impacts. The Council’s policy is to ensure that all projects are planned, designed, and developed in order to: (1) protect areas that provide important water quality benefits and/or are particularly susceptible to erosion and sediment loss; (2) limit increases of impervious surface areas, except where absolutely necessary; (3) limit land disturbance activities such as clearing and grading and cut and fill to reduce erosion and sediment loss; and (4) limit disturbance of natural drainage features and vegetation. Additionally, stormwater management practices should be designed as landscape amenities to include native plant species on project sites. The Council recommends applicants to use the “Rhode Island Coastal Plant Guide,” an interactive, web-based plant list prepared by the URI Cooperative Extension Education Center in consultation with the CRMC and available online at: http://www.crmc.ri.gov/coastallandscapes.html.

8. All sites should be planned, designed, and developed in order to: (1) Protect areas that provide important water quality benefits and/or are particularly susceptible to erosion and sediment loss; (2) limit increases of impervious surface areas, except where necessary; (3) limit land disturbance activities such as clearing and grading and cut and fill to reduce erosion and sediment loss; and (4) limit disturbance of natural drainage features and vegetation.

1. Applicants for seeking a Council Assents to construct, alter, or extend repair individual sewage disposal onsite wastewater treatment systems or point source discharges shall first obtain a the requisite permit(s) from the Department of Environmental Management.

2. All federal water pollution control requirements established by the Federal Water Pollution Control Act (Clean Water Act), as amended, or established by the federal government or by any state or local government pursuant to such act, are the water pollution control requirements of the Rhode Island Coastal Resources Management Program. Accordingly, all discharge standards, effluent limitations and/or pretreatment standards established pursuant to the Clean Water Act for discharges of pollutants to the waters of Rhode Island under the Rhode Island Pollutant Discharge Elimination System (RIPDES) shall be met (Rhode Island is an EPA delegated state with respect to the NPDES program). In addition, applicants shall obtain an Underground Injection Control (UIC) permit from the Rhode Island Department of Environmental Management when applicable. Applicants subject to RIPDES general permit requirements for construction activities and industrial activities shall apply to the Council prior to submitting an application to the RIDEM.

3. The Council shall formally review proposed actions only after all other applicable state/local requirements have or will be met. However, Tthe Council, however, will comment on preliminary plans for major facilities to assist in the planning process.

4. The Executive Director or the Council may require that an applicant obtain a DEM System Suitability Determination, as provided in the DEM OWTS Rules, from RIDEM be obtained for septic onsite wastewater treatment systems that pre-date 1968.

1. Point source discharges of sewage and/or stormwater runoff are prohibited on unconsolidated coastal banks and bluffs.

2. New and enlarged stormwater discharges to the high salt marsh environment bordering Type 1 and Type 2 waters and within salt marshes designated for preservation which border Type 3, 4, 5, and 6 waters are prohibited. Stormwater discharges to existing well flushed tidal channels within high marshes shall not be subject to this prohibition. However, all All such discharges, however, shall meet the applicable standards contained in Section 300.6.E.2herein.

3. Point source discharges of sewage are prohibited in Type 1 waters.

1. For individual sewage disposal systems (ISDS) onsite wastewater treatment systems (OWTS):

2. Stormwater Management for Large Projects

3. Stormwater Management for Small Projects

4. For catch basins:

2. The 1993 Rhode Island Stormwater Design and Installation Standards Manual (“Stormwater Manual”) will be superseded by the 2010 Stormwater Manual upon effective date of adoption by the Council. Unless otherwise provided in this section, the requirements of the 2010 Stormwater Manual, as amended, shall apply to all CRMC applications submitted on or after January 1, 2011. The 2010 Stormwater Manual as amended may be used in lieu of the 1993 Stormwater Manual beginning on or after the effective date of adoption by the Council.

3. Applicants for projects which have a currently valid and vested Master Plan approval from a local planning board or commission before March 31, 2011 may elect to comply with the 1993 Stormwater Manual instead of the 2010 Stormwater Manual provided that a complete application for the project is submitted to the CRMC on or before June 30, 2011. Any project applicant that received Master Plan approval who submits an application to the CRMC after June 30, 2011 shall comply with the 2010 Stormwater Manual, including any future phases of a phased project having received Master Plan approval as of March 31, 2011. Applicants shall, at the time of application, submit a copy of the Master Plan approval document(s) demonstrating eligibility under this subsection. This subsection applies only to those projects which are required to obtain local Master Plan approval pursuant to R.I.G.L. § 45-23-40.

4. For stormwater management the Council requires, in accordance with the “Smart Development for a Cleaner Bay Act of 2007” (R.I.G.L. § 45-61.2), that all applicable projects meet the following requirements:

(a) Maintain pre-development groundwater recharge and infiltration on site to the maximum extent practicable;

(b) Demonstrate that post-construction stormwater runoff is controlled, and that post-development peak discharge rates do not exceed pre-development peak discharge rates; and

(c) Use low impact-design techniques as the primary method of stormwater control to the maximum extent practicable.

5. Residential, commercial, industrial or public recreational structures subject to Section 300.3 shall provide treatment and management of stormwater runoff for all new impervious surfaces equal to or greater than two- hundred (200) square feet in size, including building roof tops, pavement, driveways, sidewalks, parking areas, etc. Applicable projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Single-family dwelling projects, however, may meet these provisions as detailed in 300.6.E.9 below.

6. Roadways, highways, bridges, and other projects subject to Section 300.13 shall provide treatment and management of stormwater runoff for all new impervious surfaces. These projects shall submit a stormwater management plan that demonstrates compliance with the eleven (11) minimum stormwater management standards and performance criteria as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Any improvement projects to existing roads, highways and bridges and other projects subject to Section 300.13 that result in the creation of new impervious surfaces shall provide treatment and management of stormwater as above for all new impervious surfaces. Maintenance activities such as pavement resurfacing projects, replacement of existing drainage systems, minor roadway repairs, or emergency roadway and drainage repairs are excluded from these requirements provided there is no expansion of the existing impervious surface area.

7. Any redevelopment that disturbs existing impervious surface coverage, regardless of the total area disturbed, shall comply with Minimum Stormwater Standard 6 (Redevelopment and Infill Projects) of the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual.

8. All stormwater management plans shall take into consideration potential impacts associated with the discharge of stormwater runoff into the coastal environment. Applicants shall address these potential impacts to include, but not limited to, the following: (i) impacts to coastal wetlands such as changes in species composition due to the introduction of freshwater to high marsh areas; (ii) changes in the salinity of tidal receiving waters; (iii) thermal impacts to receiving waters; (iv) effects of introducing stormwater runoff to receiving waters that have low dissolved oxygen concentrations; and (v) other potential water quality impacts as may be identified by CRMC staff.

9. Applicants for single-family residential dwellings shall treat the stormwater runoff water quality volume from all new impervious surfaces equal to or greater than two-hundred (200) square feet in size as indicated in (a) and (b) below. Applicants for single-family dwelling projects may use the design guidance and performance criteria in the Rhode Island Stormwater Design and Installation Standards Manual or equivalent guidance as approved by the CRMC. Pretreatment of stormwater runoff is not necessary for single-family residential applications.

10. New or enlarged stormwater discharges to salt marshes and well flushed tidal channels within high marshes shall only be permitted when the applicant can clearly demonstrate that no reasonable alternatives exist (e.g., no other discharge locations having a gravity flow outlet are available and impervious surfaces have been kept to an absolute minimum) and when no adverse impacts to the salt marsh will result. In these instances, the applicant shall meet all applicable standards contained in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. This standard does not apply to low salt marsh environments with an average width along the property of less than 35 feet.

11. Stormwater open drainage and pipe conveyance systems must be designed to provide adequate passage for flows leading to, from, and through stormwater management facilities for at least the 10-year, 24-hour Type III storm event. Applicants may not be required to control post-development peak discharge rates at pre- development peak discharge rates provided the project design provides for non-erosive stormwater discharges to tidal waters.

12. Applicants may be required to submit a pollutant loading analysis to demonstrate that a proposed project will not unduly contribute to, or cause, water resource degradation when such projects are located in sensitive coastal resource areas. When a pollutant loading analysis is required, the applicant shall use the method detailed in Appendix H of the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. If the Council determines that any proposed stormwater discharge will result in an unacceptable discharge of pollutants to the tidal waters of Rhode Island, the Council shall require the applicant to mitigate the pollutant loads to acceptable levels using the practices detailed in the stormwater manual. Frequently, this can be accomplished using these practices in series to achieve higher pollutant removal efficiencies.

13. The use of proprietary hydrodynamic (swirl) separator or filter devices shall be limited to pre-treatment applications only, unless the device has met the requirements of the Technology Assessment Protocol (TAP) as detailed in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. The CRMC may, however, approve such devices in situations where end-of-pipe retrofit solutions are the only alternative available when site constraints limit the use of standard low impact development methods for the treatment and management of stormwater runoff. In such circumstances, however, the use of such proprietary devices shall conform to the standards and performance criteria set forth in the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual to the maximum extent practicable.

514. For outfalls

15. Applicants with projects subject to the stormwater management provisions herein shall submit the following information: