A N A C T
RELATING TO REFUSE DISPOSAL LICENSES
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-18.9-8 of the General Laws in Chapter 23-18.9 entitled "Refuse Disposal" is hereby amended to read as follows:
23-18.9-8. Licenses -- (a) (1) No person shall operate any solid waste management facility or construction and demolition (C&D) debris processing facility or expand an existing facility unless a license therefor is obtained from the director. The director shall have full power to make all rules and regulations establishing standards to be met for the issuance of the licenses.
(2) The director shall promulgate rules and regulations governing the uses and content of materials accepted and generated by a construction and demolition debris processing facility. Any costs associated with testing these materials by the facility or by the department to verify the results of the facility's tests shall be borne by the facility. Each facility shall be required to establish a fund with the department to cover the cost of these tests.
(b) Any person who desires to construct a solid waste management facility or install any equipment in such a facility must first submit to the director for approval plans and specifications and other related data required by the director.
(c) Processing facilities that accept less than 150 tons per day of construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid waste management facility license, however, they are not exempt from complying with all other applicable requirements for the construction and operation of a construction and demolition debris processing facility and are subject to the rules and regulations for such facilities promulgated in accordance with this section.
(d) No construction and demolition debris processing facility shall be issued a license unless it has submitted a fire protection plan which has been approved by the local fire chief, or his or her designee in which the facility is located.
(e) The local fire chief or his or her designee, shall be authorized to conduct random, unannounced inspections of facilities licensed under this section to insure continued compliance with the approved fire protection plan. If any facility at the time of inspection is found not to be in compliance with the approved plan said facility shall immediately cease operation until such time as they correct any deficiency and the local fire chief or his or her designee finds the facility is in compliance with the approved fire protection plan.
(f) Any facility that is found to be in violation of the fire protection plan under this section on three separate inspections, within any three year time period shall have their license to operate under this section revoked.
SECTION 2. This act shall take effect upon passage.