Chapter 229

2006 -- H 7257 SUBSTITUTE A AS AMENDED

Enacted 06/28/06

A N A C T

RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL

Introduced By: Representatives Naughton, Slater, Handy, and Ginaitt

Date Introduced: February 15, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-18.9-7 and 23-18.9-16 of the General Laws in Chapter 23-18.9

entitled "Refuse Disposal" are hereby amended to read as follows:

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 host municipality.

      (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, 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, 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.

23-18.9-16. Beneficial reuse of solid waste. -- (a) The director may approve proposals

for the environmentally beneficial reuse of solid waste in the city of Cranston a municipality in

order to save natural resources by providing alternative materials for projects that would

otherwise use new materials and preserve landfill space by removing materials from the waste

stream that would otherwise be landfilled. In determining whether a solid waste can be safely

used as a beneficial reuse material, the director may consider factors such as the physical and

chemical characteristics of the solid waste in question, the proposed use of the waste, and the

location where the waste is proposed to be used according to criteria established by rule or policy

as the director deems appropriate. All proposals to use a solid waste as a beneficial reuse material

shall be made in writing to the director in the form of an application for a beneficial use

determination or BUD. No person may process, store, transport, dispose or otherwise use any

solid waste for beneficial reuse unless they have first obtained the written approval of the director

in the form of a BUD, unless specifically provided for elsewhere in this chapter.

All beneficial reuse material proposals approved by the director shall include the

following:

(1) Public notice in a newspaper of general circulation;

      (2) A notice to the manager or mayor and council of the municipality in question;

(3) A hearing to be held in the municipality affected.

      (b) All persons applying for a BUD that proposes the reuse of more than three (3) cubic

yards of solid waste in one location shall forward a copy of their application to the city of

Cranston municipality where the beneficial reuse material will be used.

      (c) The director may require any person involved in the storage, handling, processing or

use of solid waste for beneficial reuse to provide financial assurance that:

      (1) The project approved in the BUD will be completed; and/or

      (2) Any unused solid waste/beneficial reuse material will be properly removed and

disposed of either upon completion of the project or if project operations cease for any reason.

     SECTION 2. This act shall take effect upon passage.

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LC02309/SUB A

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