2013 -- S 0728

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LC02048

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

     Introduced By: Senators Sosnowski, and Walaska

     Date Introduced: March 13, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-19-11 of the General Laws in Chapter 23-19 entitled "Rhode

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

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     23-19-11. Planning requirements. -- Planning responsibilities of the corporation shall

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include, but not be limited to:

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      (1) The preparation of a statewide resource recovery system development plan which

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will indicate the location, type, and size of solid waste management facilities, including without

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limitation, transfer stations, waste processing facilities, and ultimate disposal facilities which may

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be required to serve the future needs of the state and its municipalities through the development

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of an integrated statewide resource recovery system for the effective management of solid waste;

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      (2) The plan shall be in conformity with the applicable provisions of the state guide plan;

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      (3) The plan will be subject to amendment;

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      (4) In developing the plan, the corporation will assure that:

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      (i) The orderly extension of future solid waste facilities and management systems are

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provided for in a manner consistent with the needs and plans of the whole area, and in a manner

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consistent with the state departments of health and environmental management rules and

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regulations for locating and operating solid waste facilities;

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      (ii) All aspects of planning, zoning, population estimates, engineering, and economics

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are taken into consideration to delineate with all practical precision those portions of the area

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which may reasonably be expected to be served by a given time frame, as determined by the

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corporation;

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      (iii) Appropriate time schedules are set for the phasing in of the required component

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parts of the system.

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      (iv) Future solid waste disposal facilities shall be regional in size and emphasize the

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geographic and political nature of the surrounding area.

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      (5) In the interim prior to the completion of the statewide plan, the corporation is

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authorized to develop component facilities as may be required to carry out the purposes of this

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chapter; provided, however, upon completion of the plan, all projects of the corporation

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undertaken thereafter shall be in conformity with the plan; and

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      (6) The corporation shall cooperate with the department of environmental management

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and other state and local agencies in the development of a comprehensive statewide solid waste

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management plan, of which the corporation's statewide resource recovery system development

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plan shall be a component part. Nothing in this chapter shall be interpreted as limiting the

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authority of the department of environmental management to prepare a statewide, comprehensive,

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solid waste management plan, including, but not limited to, any plan required by any federal law,

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rules, or regulations to meet federal requirements that may be conditions precedent to receiving

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federal assistance.

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      (7) The plan shall not include incineration of solid waste.

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      (8) (7) The plan shall limit the use of landfills to providing temporary backup or bypass

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disposal capacity and residue disposals from waste processing facilities. The plan shall also seek

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to minimize landfilling of any type of waste and phase out the use of landfills for waste disposal.

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      (9) (8) The plan shall include composting of yard waste and other appropriate organic

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wastes.

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      (10) (9) The plan shall consider the financial feasibility of modifying, curtailing, or

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supplanting the provisions of chapter 19.1 of this title in light of the requirements for waste

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processing facilities.

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      (11) (10) The plan shall primarily rely on a system of waste processing facilities.

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      (12) (11) The plan shall provide that the corporation actively pursue research and

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develop new uses for materials recovered from solid waste to maximize revenue from recycled

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materials.

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     SECTION 2. This act shall take effect upon passage.

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LC02048

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

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     This act would eliminate the prohibition on inclusion of incineration of solid waste in the

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statewide resource recovery system development plan.

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     This act would take effect upon passage.

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LC02048

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