2015 -- H 5409

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LC001258

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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 HEALTH AND SAFETY -- REFUSE DISPOSAL

     

     Introduced By: Representatives Morin, Newberry, Carson, Casey, and Phillips

     Date Introduced: February 12, 2015

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-18.9-8.1 of the General Laws in Chapter 23-18.9 entitled

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"Refuse Disposal" is hereby amended to read as follows:

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     23-18.9-8.1. Criteria for public and private licenses. -- (a) The director shall grant

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licenses only to those public facilities which the director determines meet all relevant criteria by

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regulation to protect human health and the environment and which are reasonably required to

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dispose of wastes generated within this state. All public projects shall meet the criteria for need

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established in § 23-19-4(b) and the director shall require no further demonstration of need.

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      (b) The director shall grant licenses only to those private facilities which he or she

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determines meet all relevant criteria established by regulation to protect human health and the

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environment.

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     (c)(1) The director shall have the authority to grant emergency temporary refuse transfer

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licenses to existing public or private collection stations or recycling centers so long as the stations

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or centers can provide sufficient assurances as to the public or private entity’s ability to protect

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human health and the environment. Notice to the director from a public entity of the

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municipality’s intent to establish a temporary transfer station shall be deemed sufficient to begin

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emergency operations, provided that the municipal letter of notice is accompanied by proof of

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health, human, and environmental safety assurances.

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     (2) The temporary license shall have a set expiration date which may be extended upon

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request by the entity, and is subject to a site inspection by either a representative of the

 

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department or a representative of the corporation.

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     (3) The entity to which the temporary license is issued shall provide means to recycle any

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waste collected that is considered recyclable as defined by the department.

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     (4) The department shall not charge a fee for the temporary refuse transfer license, nor

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shall the department assess any fines to the municipal host of the collection station for the

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emergency establishment of the transfer station. Should the municipality determine a need for a

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permanent transfer station, the municipality shall abide by all department rules and regulations

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governing the establishment and operation of a transfer station, in accordance with chapter 18.9

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of title 23 et seq, and chapter 19 of title 23.

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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 HEALTH AND SAFETY -- REFUSE DISPOSAL

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     This act would grant the director of the department of environmental management the

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authority to issue emergency temporary refuse transfer licenses to existing collection stations or

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recycle centers.

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     This act would take effect upon passage.

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