It is enacted by the General Assembly as follows:

SECTION 1. Sections 23-18.9-7, 23-18.9-8 and 23-18.9-10 of the General Laws in Chapter 23-18.9 entitled "Refuse disposal" are hereby amended to read as follows:

{ADD 23-18.9-7. Definitions. -- ADD} As used in this chapter, the following terms shall, where the context permits, be construed as follows:

(1) The term "solid waste" means garbage, refuse, and other discarded solid materials generated by residential, institutional, commercial, industrial, and agricultural sources, but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the hazardous waste management act, chapter 19.1 of this title {DEL . DEL} {ADD , nor does it include used asphalt, concrete, Portland concrete cement or tree stumps. ADD}

(2) The term "segregated solid waste" means material separated from other solid waste for reuse.

(3) The term "solid waste management facility" means any plant, structure, equipment, real and personal property, except mobile equipment or incinerators with a capacity of less than one thousand pounds (1000 lbs.) per hour, operated for the purpose of processing, treating, or disposing of solid waste but not segregated solid waste.

(4) The term "person" shall include an individual, firm, partnership, association, and private or municipal corporation.

(5) The term "director" shall be held to mean the director of the department of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.

(6) The term "recyclable materials" means those materials separated from solid waste for reuse. The director of the department of environmental management through regulations shall specify those materials that are to be included within the definition of recyclables. The materials to be included may change from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, or other factors.

{ADD (7) The term "construction and demolition (C&D) debris" means non-hazardous solid waste resulting from the construction, remodeling, repair and demolition of utilities and structures; and uncontaminated solid waste resulting from land clearing. Such waste includes, but is not limited to wood (including painted, treated and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles and other roof coverings, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets ten gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above. Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair and demolition of utilities, structures and roads and land clearing) includes, but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than ten gallons in size, any containers having more than one inch of residue remaining on the bottom and fuel tanks. Specifically excluded from the definition of construction and demolition debris is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a department-approved C&D debris processing facility, that renders individual waste components unrecognizable, such as pulverising or shredding.

(8) The term "construction and demolition debris processing facility" means a solid waste management facility that receives and processes construction and demolition debris of more than one hundred fifty (150) tons per day, and that can demonstrate, through records maintained at the facility, that seventy-five percent (75%) of the recyclable material received by the facility is processed and removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case stores material on site for over three (3) months; provided, however, such facilities do not include municipal compost facilities.

(9) The term "cocktailing" means the adding, combining or mixing of hazardous waste as defined in 23-19.1-4 with construction debris and demolition debris.

(10) The term "construction and demolition debris separation facility" shall mean a facility that receives, separates and or screens construction and demolition debris into its components for subsequent resale or processing which includes but is not limited to grinding, shredding, crushing or landfilling at another location separate and apart from the location on which the separation occurs. ADD}

{ADD 23-18.9-8. Licenses. -- ADD} (a) No person shall operate any solid waste management facility {ADD or construction and demolition (C&D) debris processing facility ADD} unless a license therefor is obtained from the director. The director shall have full power to make all rules and regulations establishing standards to be met for the issuance of the licenses.

{ADD 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. ADD}

(b) Any person who desires to construct a solid waste management facility or install any equipment in such a facility must first submit to the director for approval plans and specifications and other related data required by the directors.

{ADD (c) Processing facilities that accept less than 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 regulation for such facilities promulgated in accordance with section 23-18.9-8. ADD}

{ADD 23-18.9-10. Penalties. -- ADD} (a) Any person who constructs a solid waste management facility {ADD or construction and demolition (C&D) debris processing facility ADD} or installs equipment in the facility without first obtaining approval of the plans and specifications for the facility or any person who operates such a facility without obtaining a license to do so from the director shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years or both such fine and imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.

(b) Any person who disposes of solid waste at other than a licensed solid waste facility shall be punished by a fine of not more than five thousand dollars ($5,000) for each day during which such violation shall be repeated or continued and all costs incurred in the removal of said solid waste or by imprisonment for not more than five (5) years, or both.

{ADD (c) Any person who cocktails hazardous waste as defined by Rhode Island General Laws section 23-19.1-4(4) with construction and demolition debris prior to or contemporaneously with the transfer of such waste to a construction and demolition debris processing facility or a construction and demolition debris facility or who generates solid waste which is not disposed of in accordance with the general laws shall be absolutely liable for the cost of containment, cleanup, restoration and removal of the hazardous wastes and for all damages, losses or injuries, including environmental, which result directly or indirectly from the combination, mixing or addition of the hazardous waste with the construction and demolition debris and shall be deemed guilty of a felony and shall be punished by imprisonment for not more than five (5) years or by a fine of not more than ten thousand dollars ($10,000) or both. In any case of a continuing violation, each day's continuance thereof shall be and be deemed to be a separate and distinct offense. ADD}

SECTION 2. This act shall take effect upon passage.