2012 -- S 2441

=======

LC01228

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL

     Introduced By: Senators Ottiano, and Lynch

     Date Introduced: February 16, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 23-18.9-8 of the General Laws in Chapter 23-18.9 entitled "Refuse

1-2

Disposal" is hereby amended to read as follows:

1-3

     23-18.9-8. Licenses. -- (a) (1) No person shall operate any solid waste management

1-4

facility or construction and demolition (C&D) debris processing facility or expand an existing

1-5

facility unless a license is obtained from the director except as authorized by section 23-18.9-8.

1-6

The director shall have full power to make all rules and regulations establishing standards to be

1-7

met for the issuance of the licenses.

1-8

      (2) The director shall promulgate rules and regulations governing the uses and content of

1-9

materials accepted and generated by a construction and demolition debris processing facility. Any

1-10

costs associated with testing these materials by the facility or by the department to verify the

1-11

results of the facility's tests shall be borne by the facility. Each facility shall be required to

1-12

establish a fund with the department to cover the cost of these tests.

1-13

     (3) The director must have all solid waste management facilities or construction and

1-14

demolition (C&D) debris processing facilities, tested for arsenic and heavy metals present in the

1-15

soil. The director shall not issue a license to any facility shown to have arsenic and heavy metal

1-16

levels that exceed levels established by the department.

1-17

      (b) Any person who desires to construct a solid waste management facility or install any

1-18

equipment in a solid waste management facility must first submit to the director for approval

1-19

plans and specifications and other related data required by the director.

2-20

      (c) Processing facilities that accept less than one hundred and fifty (150) tons per day of

2-21

construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid

2-22

waste management facility license; however, they are not exempt from complying with all other

2-23

applicable requirements for the construction and operation of a construction and demolition

2-24

debris processing facility and are subject to the rules and regulations for these facilities

2-25

promulgated in accordance with this section.

2-26

      (d) No construction and demolition debris processing facility shall be issued a license or

2-27

be able to operate unless it has:

2-28

      (1) Received a letter of compliance from the host municipality that all applicable zoning

2-29

requirements and local ordinances of the host municipality have been complied with.

2-30

      (2) Submitted a fire protection plan which has been approved by the local fire chief, or

2-31

his or her designee in which the facility is located; and

2-32

      (3) For the purposes of this subsection, the letter of compliance from the host

2-33

municipality shall issue from either:

2-34

      (i) The town or city manager with town or city council approval in a municipality with a

2-35

managerial form of government; or

2-36

      (ii) The elected mayor with town or city council approval in a municipal with a non-

2-37

managerial from of government.

2-38

      (4) If, after thirty (30) days of receipt of a written request to the city or town by the

2-39

applicant for a license requesting a letter of compliance, the letter of compliance is not issued

2-40

because the host municipality finds that the requirements of the applicable zoning requirements or

2-41

other ordinances have not been met, a letter of non-compliance must be issued setting forth the

2-42

particular requirements that have not been met. If after a license is issued, the host community

2-43

finds that all applicable zoning or other applicable ordinances are no longer complied with they

2-44

are authorized to issue a non-compliance letter.

2-45

      (5) Upon issuance of a letter of non-compliance the applicant for a license shall have all

2-46

rights of appeal under the provisions of chapter 24 of title 45 as to zoning issues and any other

2-47

rights to appeal that may be applicable as to the determination of non-compliance with other

2-48

ordinances.

2-49

      (i) In the case of an application or renewal of an existing license for an increase in the

2-50

acceptance and processing of the amount of (C&D) debris per day the letter of non-compliance

2-51

shall stay the issuance of the license allowing said increase until the appeal process provided for

2-52

herein is final.

2-53

      (ii) In the case of an application or renewal of an existing license that does not request an

2-54

increase in the acceptance and/or processing of the amount of (C&D) debris per day where the

3-1

applicant for renewal has timely filed an appeal as contained herein the letter of non-compliance

3-2

shall not be used as grounds for denial of the approval of the renewable license; however, upon

3-3

final determination by a zoning board or court of competent jurisdiction upon appeal, it is found

3-4

that the facility is in non-compliance said license shall be revoked by the director.

3-5

      (e) The local fire chief or his or her designee is authorized to conduct random,

3-6

unannounced inspections of facilities licensed under this section to insure continued compliance

3-7

with the approved fire protection plan. If any facility at the time of inspection is found not to be in

3-8

compliance with the approved plan that facility shall immediately cease operation until the time

3-9

that they correct any deficiency and the local fire chief or his or her designee finds the facility is

3-10

in compliance with the approved fire protection plan.

3-11

      (f) Any facility that is found to be in violation of the fire protection plan under this

3-12

section on three (3) separate inspections, within any three (3) year time period, shall have its

3-13

license to operate under this section revoked.

3-14

      (g) A municipality that desires to evaluate available technologies, equipment, or

3-15

methodologies for managing solid waste, may request approval from the director to perform a

3-16

limited demonstration pilot project prior to submission of an application for a license.

3-17

Demonstration projects shall not exceed fifty (50) tons per day maximum capacity. The

3-18

municipality must first submit to the director, for approval, plans and specifications including fire

3-19

protection plans and other related data as required by the director. The municipality shall also

3-20

give public notice of the request and allow a thirty (30) day period for the director to receive

3-21

public comment on the proposed project. After the close of the public comment period, the

3-22

director is authorized to approve or deny the request. Approval for a demonstration pilot project

3-23

shall be granted for a period not exceeding six (6) months.

3-24

      (h) Any facility that is licensed or registered by the department under this chapter as of

3-25

July 1, 2006 that accepts greater than three (3) cubic yards of tree waste as defined by subsection

3-26

23-18.9-7(14) shall be considered an existing tree waste management facility. Existing tree waste

3-27

management facilities shall notify the department and the local fire chief of the existence and

3-28

scope of their tree waste management activities in writing no later than August 30, 2006, and

3-29

shall incorporate their tree waste management activities in a revised operating plan as part of the

3-30

next renewal of their license or registration.

3-31

      (i) Any construction and demolition (C&D) debris processing facility under this section

3-32

that is within a one thousand feet (1000') radius of a residential zone district shall not be allowed

3-33

to accept and/or process in excess of one hundred fifty (150) tons per day of construction and

3-34

demolition (C&D) debris where the owner or owners of the greater part of the land within a one

4-1

thousand foot (1,000') radius of the property boundary lines of the facility files an objection to the

4-2

granting of a license permitting the acceptance and/or processing in excess of one hundred fifty

4-3

(150) tons per day of construction and demolition debris.

4-4

     (j) All sites within the state that are designated as “brownfield site,” as that term is

4-5

defined by section 101 of the comprehensive environmental response, compensation and liability

4-6

act of 1980 (42 U.S.C. 9601), shall be subject to the provisions of section 23-18.9-8.

4-7

     SECTION 2. This act shall take effect upon passage.

=======

LC01228

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL

***

5-1

     This act would require the director of the Rhode Island department of environmental

5-2

management to consider testing for arsenic and heavy metals in licensing solid waste

5-3

management-facilities or construction and debris processing facilities and the provisions of this

5-4

chapter would extend to all “brownfield sites.”

5-5

     This act would take effect upon passage.

=======

LC01228

=======