Rhode Island Code of Regulations Title 835 - Narragansett Bay Commission
Rhode Island Code of Regulations Title 835 — Narragansett Bay Commission
Overview
The Narragansett Bay Commission (NBC) is a state agency responsible for wastewater treatment and stormwater management within the Narragansett Bay watershed area. Title 835 establishes the regulatory framework governing the NBC’s operations, including its authority, responsibilities, and enforcement powers.
The NBC’s mission is to protect public health and the environment by ensuring effective wastewater collection, treatment, and related infrastructure management.
Scope and Functions
Wastewater Treatment:
Operates and maintains wastewater treatment plants to treat sewage and reduce pollution.
Stormwater Management:
Oversees the management of stormwater runoff to prevent flooding and water contamination.
Industrial Discharge Regulation:
Regulates and monitors industrial and commercial discharges into the sewer system to prevent damage and pollution.
Permit Issuance and Enforcement:
Issues discharge permits to users, monitors compliance, and enforces violations through penalties or corrective actions.
Infrastructure Maintenance:
Maintains sewer lines, pumping stations, and related infrastructure.
Public Health Protection:
Ensures treated effluent meets water quality standards to protect ecosystems and human health.
Key Legal Principles
Statutory and Regulatory Authority:
The NBC acts under authority delegated to it to protect water quality through regulation of wastewater and stormwater.
Permit System:
The issuance of discharge permits is a regulatory mechanism controlling pollutant levels and protecting infrastructure.
Enforcement Power:
The NBC can impose fines, require corrective measures, or terminate service for permit violations.
Due Process:
Users facing enforcement actions are entitled to notice and an opportunity to be heard.
Reasonableness and Fairness:
The NBC must apply regulations fairly and base decisions on evidence.
Conceptual Case Law Examples
🔹 Case 1: Enforcement for Illegal Discharge
Facts:
An industrial facility discharged untreated waste into the sewer system, violating NBC permit conditions.
Issue:
Was the NBC justified in imposing penalties?
Holding:
Yes. The court upheld penalties as necessary to enforce compliance and protect public health.
Principle:
Agencies may impose sanctions for permit violations to ensure environmental protection.
🔹 Case 2: Permit Denial Due to Noncompliance
Facts:
A company applied for a discharge permit but was denied because of failure to meet treatment standards.
Issue:
Was denial lawful?
Holding:
The court supported the denial, recognizing the NBC’s authority to protect infrastructure and water quality.
Principle:
Permitting decisions may be denied when applicants fail to meet regulatory criteria.
🔹 Case 3: Due Process in Enforcement Proceedings
Facts:
A user was fined for violations but was not given prior notice or chance to appeal.
Issue:
Was this fair?
Holding:
No. The court required notice and opportunity to contest before penalties could be enforced.
Principle:
Due process safeguards must be observed in administrative enforcement.
🔹 Case 4: Infrastructure Damage and Cost Recovery
Facts:
NBC sought to recover costs from a user whose improper discharge caused damage to sewer infrastructure.
Issue:
Could NBC recover damages?
Holding:
Yes. The court allowed cost recovery as a remedy for harm caused by permit violations.
Principle:
Agencies may seek reimbursement for damages caused by noncompliance.
Summary Table
| Aspect | Description |
|---|---|
| Wastewater Treatment | Operation and management of sewage treatment plants |
| Stormwater Management | Control and regulation of stormwater runoff |
| Permit System | Issuance and enforcement of discharge permits |
| Enforcement | Penalties and corrective orders for violations |
| Due Process | Fair notice and hearing rights in enforcement actions |
| Cost Recovery | Recovering damages from users causing infrastructure harm |
Conclusion
The Narragansett Bay Commission, under Title 835, plays a critical role in safeguarding Rhode Island’s water quality through regulation of wastewater and stormwater. Its authority to issue permits, enforce compliance, and maintain infrastructure is balanced by legal principles requiring fairness, due process, and reasoned decision-making. Courts typically uphold the Commission’s actions when based on evidence and procedural fairness.
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