Chapter 064

2006 -- H 6828 SUBSTITUTE A AS AMENDED

Enacted 06/09/06

A N A C T

RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL

Introduced By: Representatives Naughton, Kennedy, San Bento, Jacquard, and McHugh

Date Introduced: January 18, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-18.9-5, 23-18.9-7 and 23-18.9-8 of the General Laws in

Chapter 23-18.9 entitled "Refuse Disposal" are hereby amended to read as follows:

23-18.9-5. Disposal of refuse at other than a licensed facility. -- (a) No person shall

dispose of solid waste at other than a solid waste management facility licensed by the director,

except as otherwise provided in this chapter.

      (b) The phrase "dispose of solid waste", as prohibited in this section, refers to the

depositing, casting, throwing, leaving or abandoning of a quantity greater than three (3) cubic

yards of solid waste. Used asphalt, concrete, Portland concrete cement, and tree stumps, and solid

waste temporarily in a vehicle or proper receptacle at a licensed place of business of a licensed

solid waste hauler for a period not to exceed seventy-two (72) hours shall not be considered solid

waste for purposes of this chapter.

23-18.9-7. Definitions. -- As used in this chapter, the following terms shall, where the

context permits, be construed as follows:

      (1) "Beneficial reuse material" means a processed, nonhazardous, solid waste not already

defined as recyclable material by this chapter and by regulations of the Rhode Island department

of environmental management that the director has determined can be reused in an

environmentally beneficial manner without creating potential threats to public health, safety,

welfare or the environment or creating potential nuisance conditions.

      (2) "Beneficial use determination" (BUD) means the case-by-case process by which the

director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a

specific purpose at a specific location within the city of Cranston.

      (3) "Cocktailing" means the adding, combining or mixing of hazardous waste as defined

in section 23-19.1-4 with construction debris and demolition debris.

      (4) "Construction and demolition (C&D) debris" means non-hazardous solid waste

resulting from the construction, remodeling, repair, and demolition of utilities and structures; and

uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited

to, wood (including painted, treated and coated wood and wood products), land clearing debris,

wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and

other roof coverings, glass, plastics that are not sealed in a manner that conceals other wastes,

empty buckets ten (10) gallons or less in size and having no more than one inch of residue

remaining on the bottom, electrical wiring and components containing no hazardous liquids, and

pipe and metals that are incidental to any of the previously described waste. Solid waste that is

not C&D debris (even if resulting from the construction, remodeling, repair, and demolition of

utilities, structures and roads and land clearing) includes, but is not limited to, asbestos, waste,

garbage, corrugated container board, electrical fixtures containing hazardous liquids such as

fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires,

drums, containers greater than ten (10) gallons in size, any containers having more than one inch

of residue remaining on the bottom and fuel tanks. Specifically excluded from the definition of

construction and demolition debris is solid waste (including what otherwise would be

construction and demolition debris) resulting from any processing technique, other than that

employed at a department-approved C&D debris processing facility, that renders individual waste

components unrecognizable, such as pulverizing or shredding.

      (5) "Construction and demolition debris processing facility" means a solid waste

management facility that receives and processes construction and demolition debris of more than

fifty (50) tons per day. These facilities must demonstrate, through records maintained at the

facility and provided to the department, that seventy-five percent (75%) of all material received

by the facility is processed and removed from the site within six (6) weeks of receipt on a

continuous basis, and that in no case stores material on site for over three (3) months; provided,

however, these facilities do not include municipal compost facilities.

      (6) "Construction and demolition debris separation facility" means a facility that

receives, separates and or screens construction and demolition debris into its components for

subsequent resale or processing which includes, but is not limited to, grinding, shredding,

crushing, or landfilling at another location separate and apart from the location on which the

separation occurs.

      (7) "Director" means the director of the department of environmental management or any

subordinate or subordinates to whom the director has delegated the powers and duties vested in

him or her by this chapter.

      (8) "Expansion" means any increase in volume, size, or scope, either vertically,

horizontally, or otherwise; provided, however, that this section does not apply to the vertical

expansion of the Charlestown Municipal landfill until the closure date of July 1, 2000.

      (9) "Person" includes an individual, firm, partnership, association, and private or

municipal corporation.

      (10) "Recyclable materials" means those materials separated from solid waste for reuse.

The director of the department of environmental management through regulations shall specify

those materials that are to be included within the definition of recyclables. The materials to be

included may change from time to time depending upon new technologies, economic conditions,

waste stream characteristics, environmental effects, or other factors.

      (11) "Segregated solid waste" means material separated from other solid waste for reuse.

      (12) "Solid waste" means garbage, refuse, tree waste as defined by subsection 14 of this

section and other discarded solid materials generated by residential, institutional, commercial,

industrial, and agricultural sources, but does not include solids or dissolved material in domestic

sewage or sewage sludge or dredge material as defined in chapter 6.1 of title 46, nor does it

include hazardous waste as defined in chapter 19.1 of this title, nor does it include used asphalt,

concrete, or Portland concrete cement, or tree stumps.

      (13) "Solid waste management facility" means any plant, structure, equipment, real and

personal property, except mobile equipment or incinerators with a capacity of less than one

thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or

disposing of solid waste but not segregated solid waste. Any solid waste management facility that

stores waste materials containing gypsum on site over three (3) months must install and maintain

an active gas collection system approved by the department of environment management.

(14)(a) "Tree Waste" means all parts of a tree including stumps, branches and logs which

shall be considered solid waste for purposes of this chapter unless the tree waste meets the

following criteria:

(1) The tree waste remains on the property where it was generated; or

(2) The tree waste remains in the possession of the person who generated it and is stored

above the ground surface, on property that the same person controls, for purposes of recycling

and reuse; or

(3) The tree waste, whether generated on or off-site, is being actively managed as a

usable wood product such as landscape mulch, wood chips, firewood, or mulch.

(b) The application of the criteria set forth in this section shall not be deemed to abrogate,

diminish, or impair the enforcement of the requirements established pursuant to chapter 23-28.1

or the authority of the state and/or a city or town to protect the public health, safety or welfare

from a public nuisance resulting from the storage and handling of tree waste.

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 is obtained from the director except as authorized by section 23-18.9-8.

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 a solid waste management 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 one hundred and fifty (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 these 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 is 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 that facility shall immediately cease operation until the time

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

license to operate under this section revoked.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

next renewal of their license or registration.

     SECTION 2. This act shall take effect upon passage.

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LC00307/SUB A

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