| Chapter 258 |
| 2016 -- H 7084 SUBSTITUTE B Enacted 07/01/2016 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL |
| Introduced By: Representatives Morin, Casey, Carson, Newberry, and Phillips |
| Date Introduced: January 08, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 23-18.9-8.1 of the General Laws in Chapter 23-18.9 entitled |
| "Refuse Disposal" is hereby amended to read as follows: |
| 23-18.9-8.1. Criteria for public and private licenses. -- (a) The director shall grant |
| licenses only to those public facilities which that the director determines meet all relevant criteria |
| by regulation to protect human health and the environment and which that are reasonably |
| required to dispose of wastes generated within this state. All public projects shall meet the criteria |
| for need established in § 23-19-4(b) and the director shall require no further demonstration of |
| need. |
| (b) The director shall grant licenses only to those private facilities which he or she |
| determines meet all relevant criteria established by regulation to protect human health and the |
| environment. |
| (c)(1) The director shall have the authority to grant emergency temporary refuse-transfer |
| licenses to a municipality, as long as the municipality can provide sufficient assurances as to the |
| municipality's ability to protect human health and the environment. Notice to the director of the |
| municipality’s intent to establish a temporary transfer station shall be deemed sufficient to begin |
| emergency operations; provided that the municipal letter of notice is accompanied by proof of |
| health, human, and environmental safety assurances. |
| (2) The temporary license shall have a set expiration date that may be extended upon |
| request by the entity, and is subject to a site inspection by a representative of the department. |
| (3) The entity to which the temporary license is issued shall provide means to recycle any |
| waste collected that is considered recyclable as defined by the department. |
| (4) The department shall not charge a fee for the temporary refuse-transfer license, nor |
| shall the department assess any fines to the municipal host of the collection station for the |
| emergency establishment of the transfer station. Should the municipality determine a need for a |
| permanent transfer station, the municipality shall abide by all department rules and regulations |
| governing the establishment and operation of a transfer station, in accordance with the provisions |
| of chapter 18.9 of title 23 and chapter 19 of title 23. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003577/SUB B |
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