2008 -- H 7238

=======

LC00374

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

____________

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

     Introduced By: Representatives Fellela, Ucci, Melo, and Serpa

     Date Introduced: January 24, 2008

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 23-19-13.1 of the General Laws in Chapter 23-19 entitled "Rhode

1-2

Island Resource Recovery Corporation" is hereby amended to read as follows:

1-3

     23-19-13.1. Disposal of solid waste originating outside the state prohibited – Rules

1-4

and regulations. –

1-5

     (a) No person, firm, corporation, transfer station, or any other commercial entity engaged

1-6

in the business of collecting, disposing, sorting, recycling, processing, manufacturing, or

1-7

remanufacturing of solid waste shall deposit or cause to be deposited solid waste that is generated

1-8

or collected outside the territorial limits of this state at the central landfill. Each deposit in

1-9

violation of the provisions of this subsection shall be punishable by imprisonment for up to three

1-10

(3) years and/or a fine not to exceed five thousand fifty thousand dollars ($5000) ($50,000).

1-11

     (b) The Rhode Island resource recovery corporation shall promulgate any rules and

1-12

regulations that may be necessary to ensure that solid waste that is generated or collected outside

1-13

the territorial limits of this state is not deposited at the central landfill.

1-14

     The rules and regulations shall provide that any commercial entity engaged in the

1-15

business of collecting, disposing, sorting, recycling, processing, manufacturing or

1-16

remanufacturing solid waste, which deposits or causes to be deposited solid waste at the central

1-17

landfill shall provide a certification to the corporation, via United States mail, that the waste was

1-18

not generated or collected outside the territorial limits of this state. The certification shall be

2-1

required to be made not less than every thirty (30) days, setting forth the date and time of each

2-2

deposit within the thirty (30) day period and shall be under oath, stating that the oath is made

2-3

under the pains and penalties of perjury.

2-4

     (c) Any fine collected pursuant to the provisions of this section shall be remitted to the

2-5

environmental response fund established pursuant to section 23-19.1-23. The town of Johnston

2-6

and the department of attorney general shall be reimbursed from the environmental response fund

2-7

for any and all costs associated with the enforcement and prosecution of any violation of section

2-8

23-19-13.1. The state controller is authorized and directed to draw his or her orders upon the

2-9

general treasurer for the payment of that sum, or as much of that sum as may be deemed

2-10

necessary, from time to time, upon receipt by him or her of properly authenticated vouchers.

2-11

     SECTION 2. This act shall take effect upon passage.

=======

LC00374

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

***

3-1

     This act would require any commercial entity engaged in the business of collecting and

3-2

disposing solid waste, which deposits the waste at the central landfill, to certify in writing every

3-3

thirty (30) days, that such waste was not generated or collected outside the territorial limits of

3-4

Rhode Island, setting forth the date and time of each deposit within said thirty (30) day period and

3-5

would increase the fine for violation to fifty thousand dollars ($50,000).

3-6

     This act would take effect upon passage.

=======

LC00374

=======