Chapter 210

2011 -- S 0184 SUBSTITUTE B AS AMENDED

Enacted 07/01/11

A N A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

Introduced By: Senators DaPonte, DeVall, Ciccone, Miller, and Sosnowski

Date Introduced: February 09, 2011

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 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 or

be able to operate unless it has:

(1) Received a letter of compliance from the host municipality that all applicable zoning

requirements and local ordinances of the host municipality have been complied with.

(2) submitted 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. ; and

(3) For the purposes of this subsection, the letter of compliance from the host

municipality shall issue from either:

(i) The town or city manager with town or city council approval in a municipality with a

managerial form of government; or

(ii) The elected mayor with town or city council approval in a municipal with a non-

managerial from of government.

(4) If, after thirty (30) days of receipt of a written request to the city or town by the

applicant for a license requesting a letter of compliance, the letter of compliance is not issued

because the host municipality finds that the requirements of the applicable zoning requirements or

other ordinances have not been met, a letter of non-compliance must be issued setting forth the

particular requirements that have not been met. If after a license is issued, the host community

finds that all applicable zoning or other applicable ordinances are no longer complied with they

are authorized to issue a non-compliance letter.

(5) Upon issuance of a letter of non-compliance the applicant for a license shall have all

rights of appeal under the provisions of chapter 24 of title 45 as to zoning issues and any other

rights to appeal that may be applicable as to the determination of non-compliance with other

ordinances.

(i) In the case of an application or renewal of an existing license for an increase in the

acceptance and processing of the amount of (C&D) debris per day the letter of non-compliance

shall stay the issuance of the license allowing said increase until the appeal process provided for

herein is final.

(ii) In the case of an application or renewal of an existing license that does not request an

increase in the acceptance and/or processing of the amount of (C&D) debris per day where the

applicant for renewal has timely filed an appeal as contained herein the letter of non-compliance

shall not be used as grounds for denial of the approval of the renewable license; however, upon

final determination by a zoning board or court of competent jurisdiction upon appeal, it is found

that the facility is in non-compliance said license shall be revoked by the director.

      (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.

(i) Any construction and demolition (C&D) debris processing facility under this section

that is within a one thousand feet (1000´) radius of a residential zone district shall not be allowed

to accept and/or process in excess of one hundred fifty (150) tons per day of construction and

demolition (C&D) debris where the owner or owners of the greater part of the land within a one

thousand foot (1,000’) radius of the property boundary lines of the facility files an objection to

the granting of a license permitting the acceptance and/or processing in excess of one hundred

fifty (150) tons per day of construction and demolition debris.

SECTION 2. This act shall take effect upon passage and shall apply to any and all solid

waste management facilities or construction and demolition debris facility licenses not yet

granted or under appeal at the time of passage.

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LC00901/SUB B/3

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