2015 -- H 5401

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LC000859

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS

     

     Introduced By: Representatives Carson, Kazarian, Handy, Serpa, and Ruggiero

     Date Introduced: February 11, 2015

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 89

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WASTE TRANSPORTATION

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     5-89-1. Policy and purpose. -- It is the policy of the state and the purpose of this chapter

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to:

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     (1) Ensure that all residents and businesses in Rhode Island have equal access to waste

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services that include, but are not limited to, collection of refuse and recyclables;

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     (2) Ensure that collection of refuse and recyclables is consistent with established law,

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rules and regulations regarding segregation of mandated recyclables at the point of generation;

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and

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     (3) Make waste haulers part of the solution for increasing recycling within the

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commercial sector and encourage businesses to separate recyclable material from solid waste.

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     5-89-2. Definitions. -- As used in this chapter:

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     (1) "Director" means the director of the department of business regulation, or his or her

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authorized representative.

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     (2) "Commercial hauler" means any person that transports solid waste for compensation

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in a vehicle having a rated capacity of more than one ton.

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     (3) "Solid waste" means garbage, refuse, sludge from a waste treatment plant, water

 

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supply treatment plant, or air pollution control facility and other discarded materials, including

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solid, liquid, semisolid, or contained gaseous material generated by residential, institutional,

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commercial, industrial, and agricultural sources, but does not include solids or dissolved materials

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in domestic sewage.

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     (4) "Person" means any individual, partnership, company, corporation, association,

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unincorporated association, joint venture, trust, municipality, the state of Rhode Island or any

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agency, department, or subdivision of the state, federal agency, or any other legal or commercial

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entity.

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     (5) "Transport" or "transportation" means the movement of materials by air, rail, road, or

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water.

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     (6) "Facility" means all contiguous land, structures, other appurtenances, and

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improvements on the land, used for treating, storing, or disposing of waste. A facility may consist

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of several treatment, storage, or disposal operational units.

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     (7) "Commercial hauler" means any person that transports:

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     (i) Regulated quantities of hazardous waste; or

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     (ii) Construction and demolition debris for compensation in a motor vehicle having a

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rated capacity of more than one ton; or

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     (iii) Solid waste for compensation in a motor vehicle having a rated capacity of more than

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one ton.

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     (8) "Source separated" or "source separation" means the separation of compostable and

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recyclable materials from noncompostable, nonrecyclable materials at the point of generation.

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     (9) "Mandated recyclable" means all materials mandated for recycling by the department

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of environmental management.

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     5-89-3. License required. -- (a) A commercial hauler desiring to transport solid waste

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within the state shall apply to the director for a license to do so, by submitting an application on a

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form prepared for this purpose by the director.

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     (b) The license shall have a duration of five (5) years and shall be updated annually, by

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January 31, by the commercial hauler by submitting to the department:

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     (1) Any change of information; and

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     (2) How much waste and source separated waste was transported by the hauler the

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previous calendar year.

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     (c) The commercial hauler required to obtain a license under this section is the legal or

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commercial entity that is transporting the waste, rather than the individual employees and

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subcontractors of the legal or commercial entity. In the case of a sole proprietorship, the sole

 

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proprietor is the commercial entity.

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     (d) A commercial hauler licensed under this section that offers the collection of solid

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waste to any person in Rhode Island shall:

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     (1) Beginning July 1, 2016, offer to collect mandated recyclables separated from other

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solid waste and deliver mandated recyclables to a facility maintained and operated for the

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management and recycling of mandated recyclables from any person who contracts with the

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licensed hauler for waste collection.

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     (2) Beginning the following year from enactment, offer to collect source separated wastes

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that are mandated by law, rule or regulation of any agency, and deliver them to a facility

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maintained and operated for the management of said source separated waste from any person who

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contracts with the licensed hauler for waste collection.

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     (3) Maintain and disseminate regularly to customers a regular schedule for collection of

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solid waste and segregated waste.

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     (e) In a municipality that has adopted licensing ordinance addressing the collection of

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mandated recyclables, a commercial hauler in that municipality is not required to comply with the

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requirements of subsection (d) of this section if the ordinance:

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     (1) Is applicable to all persons;

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     (2) Includes, at a minimum, all source separated materials required by subsection (d) of

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this section; and

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     (3) Requires a resident who contracts with a commercial hauler for waste services to use

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the hauler for the collection of both source separated material required by subsection (d) of this

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section and household generated solid waste.

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     (f) A transporter licensed under this section that offers the collection of solid waste may

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not charge a separate line item fee on a bill to a customer for the collection of mandated

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recyclables, provided that a transporter may charge a fee for all service calls, stops, or collections

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at a property and a transporter may charge a tiered or variable fee based on the size of the

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collection container provided to a customer or the amount of waste collected from a customer. A

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transporter licensed under this section may incorporate the cost of the collection of mandated

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recyclables into the cost of the collection of solid waste and may adjust the charge for the

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collection of solid waste. A transporter licensed under this section that offers the collection of

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solid waste may charge a separate fee for the collection of leaf and yard waste or food residuals

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from a customer.

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     (g) The department shall submit a brief report by March 1 of every year to the governor,

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speaker of the house and senate president, regarding the amount of waste and source separated

 

LC000859 - Page 3 of 5

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waste that was transported by licensed haulers by this program.

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     5-89-4. Application for license. -- (a) The application shall indicate:

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     (1) The nature of the waste to be hauled;

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     (2) How mandated recyclables shall be segregated from waste; and

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     (3) How records will be kept tracking the tonnage of collected waste, mandated

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recyclables and other types of waste that are segregated for disposal in a manner other than

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landfilling or incineration either in Rhode Island or out of state.

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     (b) The director may specify conditions that the director deems necessary to assure

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compliance with state law.

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     (c) The applicant shall include an application fee to be set by the department to recover

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reasonable costs of administering this licensing program by the department.

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     5-89-5. Display of license. -- All commercial haulers must keep the original license on

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file at their corporate headquarters and a copy with their registered agent. All vehicles covered by

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the license must carry a copy of the license in the vehicle at all times and be able to produce said

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license to local or state law enforcement upon request.

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     5-89-6. Penalty for violations. -- (a) It shall be unlawful for any person to operate a

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motor vehicle subject to the provisions of this section upon any public highway in the state

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without first obtaining a license from the director, or operating the vehicle without having a copy

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of the license as required by this chapter.

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     (b) A violation of this section shall be considered a traffic offense and adjudicated in a

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manner consistent with title 31 of the general laws.

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     (c) Any person who violates any provision of this chapter shall be subject to a penalty of

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not more than two hundred dollars ($200) for a traffic violation. The penalties imposed by this

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subsection shall be in addition to other penalties imposed by the general laws.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS

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     This act would require all commercial haulers desiring to transport solid waste within the

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state be licensed by the director of the department of business regulation. Licenses would be

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renewable every five (5) years. The act would also provide penalties for violations of the act.

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     This act would take effect upon passage.

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