2013 -- S 0727

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LC02047

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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 - SOLID WASTE

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

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and regulations. -- (a) No person, firm, corporation, transfer station, or any other commercial

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entity engaged in the business of collecting, disposing, sorting, separating, recycling, processing,

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manufacturing, or remanufacturing of solid waste shall deposit or cause to be deposited solid

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waste that is generated or collected outside the territorial limits of this state at the central landfill,

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except as provided in this section. Each deposit in violation of the provisions of this section shall

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be punishable by imprisonment for up to three (3) years and/or a fine not to exceed fifty thousand

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dollars ($50,000).

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      (b) (1) Recyclable materials originating out-of-state that can be segregated into saleable

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commodities shall be allowed to be brought to the Rhode Island resource recovery corporation's

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recycling facilities for the purpose of further separation and/or sale, the profit of which shall be

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distributed as follows:

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      (i) Twenty-five percent (25%) to the town of Johnston. Such funds shall be held in a

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restricted account entitled "High Hazard Dam and Storm Water Mitigation fund" and be used

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exclusively for the repair and reconstruction of the OakSwamp Reservoir dam, including gate

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house and the Lower Simmons Reservoir Dam. Any remaining or future funds will be used for

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maintenance of the aforementioned dams and other storm water mitigation projects in the town of

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Johnston.

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      (ii) Twenty-five percent (25%) to the corporation.

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      (iii) Fifty percent (50%) to the remaining thirty-eight (38) municipalities to be

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distributed on a pro rata basis in accordance with the corporation's distribution of in-state

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recyclable profits to municipalities. The town of Johnston shall continue to receive its pro rata

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share of state recyclable profits.

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      (2) Nothing contained in this subsection shall allow the corporation to accept out-of-state

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construction and demolition debris materials.

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     (3) Non-hazardous contaminated soils, free of solid waste and originating out-of-state,

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may be used as daily cover material at the Rhode Island Resource Recovery Corporation facility.

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

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

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

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

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

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

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

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

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

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

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under the pains and penalties of perjury.

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

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

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

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

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23-19-13.1; provided, however, that the amounts reimbursed shall not exceed the amount of fine

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monies collected for that violation pursuant to this section. The state controller is authorized and

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directed to draw his or her orders upon the general treasurer for the payment of that sum, or as

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much of that sum as may be deemed necessary, from time to time, upon receipt by him or her of

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properly authenticated vouchers.

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     SECTION 2. This act shall take effect upon passage.

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LC02047

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - SOLID WASTE

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     This act would allow the Rhode Island Resource Recovery Corporation to use non-

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hazardous contaminated soils, free of solid waste, and originating out-of-state as daily cover

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material at its facility.

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     This act would take effect upon passage.

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LC02047

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