2011 -- H 5547 SUBSTITUTE A

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LC01437/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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A N A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

     Introduced By: Representatives Melo, Savage, Blazejewski, DaSilva, and Messier

     Date Introduced: March 02, 2011

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-18.9-8 of the General Laws in Chapter 23-18.9 entitled "Refuse

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Disposal" is hereby amended to read as follows:

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     23-18.9-8. Licenses. -- (a) (1) No person shall operate any solid waste management

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facility or construction and demolition (C&D) debris processing facility or expand an existing

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facility unless a license is obtained from the director except as authorized by section 23-18.9-8.

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The director shall have full power to make all rules and regulations establishing standards to be

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met for the issuance of the licenses.

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      (2) The director shall promulgate rules and regulations governing the uses and content of

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materials accepted and generated by a construction and demolition debris processing facility. Any

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costs associated with testing these materials by the facility or by the department to verify the

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results of the facility's tests shall be borne by the facility. Each facility shall be required to

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establish a fund with the department to cover the cost of these tests.

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      (b) Any person who desires to construct a solid waste management facility or install any

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equipment in a solid waste management facility must first submit to the director for approval

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plans and specifications and other related data required by the director.

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      (c) Processing facilities that accept less than one hundred and fifty (150) tons per day of

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construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid

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waste management facility license; however, they are not exempt from complying with all other

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applicable requirements for the construction and operation of a construction and demolition

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debris processing facility and are subject to the rules and regulations for these facilities

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promulgated in accordance with this section.

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      (d) No construction and demolition debris processing facility shall be issued a license or

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be able to operate unless it has:

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

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

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     (2) submitted Submitted a fire protection plan which has been approved by the local fire

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chief, or his or her designee in which the facility is located. ; and

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

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municipality shall issue from either:

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

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managerial form of government; or

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

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managerial from of government.

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

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

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

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

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particular requirements that have not been met and listing a specific course of action to cure the

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failure to meet the requirements. If after a license is issued, the host community finds that all

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applicable zoning or local ordinances are no longer complied with they are authorized to issue a

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non-compliance letter.

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

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

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rights to appeal that may be applicable as to claims of non-compliance with other ordinances. In

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the case of a renewal of an existing license, where the applicant for renewal has timely filed an

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appeal as contained herein the letter of non-compliance shall not be used as grounds for denial of

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an approval of said license. Upon final determination by a zoning board or court of competent

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jurisdiction upon appeal, it is found that the facility is in non-compliance the director shall have

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such power to amend the terms of the license to require compliance or, if no cure is available,

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revoke the license.

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      (e) The local fire chief or his or her designee is authorized to conduct random,

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unannounced inspections of facilities licensed under this section to insure continued compliance

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with the approved fire protection plan. If any facility at the time of inspection is found not to be in

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compliance with the approved plan that facility shall immediately cease operation until the time

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that they correct any deficiency and the local fire chief or his or her designee finds the facility is

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in compliance with the approved fire protection plan.

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      (f) Any facility that is found to be in violation of the fire protection plan under this

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

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license to operate under this section revoked.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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next renewal of their license or registration.

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

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that is within a one thousand feet (1000´) radius of a residential area shall;

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     (1) Maintain an eight hundred thousand dollar ($800,000,00) closure bond to satisfy

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financial assurance requirements.

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     (2) Submit an air quality monitoring plan within forty-five (45) days from the date of

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issuance of any license. Parameters required to be tested are respirable particulates (PM10),

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asbestos, lead, and hydrogen sulfide. The air quality monitoring plan shall include, but not be

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limited to, the list of sampling parameters; sampling and analytical methods to be used, including

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detection limits; the proposed frequency of sampling (the frequency of sampling must be no less

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than quarterly); approximate dates of proposed sampling events; and proposed sampling locations

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(upwind, downwind off-site, and two on-site down wind locations shall be required, at a

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minimum). The air quality monitoring plan shall also include the following acceptability criteria

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to be used for each parameter.

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     Parameter Acceptability Criteria

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     PM10 (Respirable Particulates) NAAQS

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     Asbestos RIDEM OAR Reg. 22 AALs

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     Lead RIDEM OAR Reg. 22 AALs

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     Hydrogen Sulfide RIDEM OAR Reg. 22 AALs

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     In addition, results from sampling on-site locations should be compared to applicable

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OSHA standards.

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     The air quality monitoring plan must also outline options for response if the acceptability

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criteria are exceeded.

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     The facility shall implement the air quality monitoring plan within thirty (30) days from

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the date of department approval of the plan. The department shall receive notification of the

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sampling seven (7) days prior to each event.

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     The department may increase the frequency or scope of air quality monitoring if the

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applicable acceptability criteria are exceeded or odor violations are verified by the department.

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Monitoring requirements may be reduced by the department if no exceedances of the applicable

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acceptability criteria are recorded in two (2) consecutive sampling rounds, the type and

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magnitude of solid waste management activities at the facility have remained constant, and no

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objectionable odors are observed by the department during that period.

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     (3) Provide that no waste generated from outside the State of Rhode Island shall be

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deposited in the central landfill.

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     (4) Conduct quarterly surface-water and ground-water sampling for the previously

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approved list of parameters, plus total aluminum. Also, submit a quality assurance/quality control

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(QA/QC) plan for water quality monitoring that meets the department's latest standards. Said

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QA/QC plan shall include, but not be limited to:

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     (a) Field sampling standard operating procedures detailing and providing rationale for

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sampling locations, sampling design, equipment used, QA/QC filed procedures implemented,

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chain-of-custody procedures followed, and field observations including recording of a measurable

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rainfall within the previous five (5) days;

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     (b) Laboratory SOP's detailing sample handling, equipment and instruments used,

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standard methods followed, detection limits and quantitation levels for each paramenter analyzed

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and how the detection limit and quantitation limit were determined;

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     (c) Annual affirmation of sampling plan; and

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     (d) Metals sampling shall follow the procedures specified in EPA's standard operating

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procedure for the collection of low level metals ambient water samples (ECASOP-Metals,

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revision 2, May 21, 2007).

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     (5) Conduct a noise level study, during maximum increased daily operations. Said report

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shall be forwarded to the host municipality within ten (10) days of completion. In addition, a copy

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shall be forwarded to the department.

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     (6) Not accept asbestos containing materials, hazardous waste, or radioactive waste and

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shall post signs prohibiting these materials, accordingly.

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     (7) Provide the department, its authorized officers, employees, and representatives, and

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all other person under department oversight, an irrevocable right of access to the facility at all

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reasonable times for the purposes of performing inspections, investigations testing, and

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examining records. The department or other authorized designated personnel shall have the right

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to access the facility at all reasonable inspections, tests and investigations shall constitute valid

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grounds for denial, revocation or suspension of a licenses; denial, revocation, or suspension of a

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registration; and/or issuance of a notice of violation with administrative penalty.

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     (8) Meet any other requirements, rules and regulations set forth by the department of

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environmental management as it pertains to (C&D) construction and demolition debris processing

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facility.

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     SECTION 2. This act shall take effect upon passage.

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LC01437/SUB A/3

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

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     This act would require any construction demolition debris processing facility to comply

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with additional licensure requirements from the host municipality.

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     This act would take effect upon passage.

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LC01437/SUB A/3

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