2014 -- H 7033 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY -- FOOD RESIDUALS RECYCLING

     Introduced By: Representatives Walsh, Tanzi, Naughton, Handy, and Finn

     Date Introduced: January 09, 2014

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-18.9-7 of the General Laws in Chapter 23-18.9 entitled "Refuse

Disposal" is hereby amended to read as follows:

     23-18.9-7. Definitions. -- As used in this chapter, the following terms shall, where the

context permits, be construed as follows:

      (1) "Beneficial reuse material" means a processed, nonhazardous, solid waste not already

defined as recyclable material by this chapter and by regulations of the Rhode Island department

of environmental management that the director has determined can be reused in an

environmentally beneficial manner without creating potential threats to public health, safety,

welfare, or the environment or creating potential nuisance conditions.

      (2) "Beneficial use determination" (BUD) means the case-by-case process by which the

director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a

specific purpose at a specific location within the host municipality.

      (3) "Cocktailing" means the adding, combining, or mixing of hazardous waste as defined

in section §23-19.1-4 with construction debris and demolition debris.

      (4) "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. This 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,; non-asbestos insulation,; roofing shingles

and other roof coverings,; glass,; plastics that are not sealed in a manner that conceals other

wastes, empty buckets ten (10) 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 previously described waste. 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 (10) 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 pulverizing or shredding.

      (5) "Construction and demolition debris processing facility" means a solid waste

management facility that receives and processes construction and demolition debris of more than

fifty (50) tons per day. These facilities must demonstrate, through records maintained at the

facility and provided to the department, that seventy-five percent (75%) of all 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, these facilities do not include municipal compost facilities.

      (6) "Construction and demolition debris separation facility" means a facility that

receives, separates, and/or screens construction and demolition debris into its components for

subsequent resale or processing which that 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.

      (7) "Director" means 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.

      (8) "Expansion" means any increase in volume, size, or scope, either vertically,

horizontally, or otherwise; provided, however, that this section does not apply to the vertical

expansion of the Charlestown Mmunicipal landfill until the closure date of July 1, 2000.

      (9) "Person" includes an individual, firm, partnership, association, and private or

municipal corporation.

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      (10) "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.

      (11) "Segregated solid waste" means material separated from other solid waste for reuse.

      (12) "Solid waste" means garbage, refuse, tree waste as defined by subsection 14 of this

section, 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 or dredge material as defined in chapter 6.1 of title 46, nor does it

include hazardous waste as defined in chapter 19.1 of this title, nor does it include used asphalt,

concrete, or Portland concrete cement.

      (13) "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 (1,000 lbs.) per hour, operated for the purpose of processing, treating, or

disposing of solid waste but not segregated solid waste. Any solid waste management facility that

stores waste materials containing gypsum on site over three (3) months must install and maintain

an active gas collection system approved by the department of environment management.

      (14) (a) "Tree Waste" means all parts of a tree, including stumps, branches, and logs

which that shall be considered solid waste for purposes of this chapter unless the tree waste meets

the following criteria:

      (1) The tree waste remains on the property where it was generated; or

      (2) The tree waste remains in the possession of the person who generated it and is stored

above the ground surface, on property that the same person controls, for purposes of recycling

and reuse; or

      (3) The tree waste, whether generated on or off-site, is being actively managed as a

usable wood product such as landscape mulch, wood chips, firewood, or mulch.

      (b) The application of the criteria set forth in this section shall not be deemed to

abrogate, diminish, or impair the enforcement of the requirements established pursuant to chapter

28.1 of this title or the authority of the state and/or a city or town to protect the public health,

safety, or welfare from a public nuisance resulting from the storage and handling of tree waste.

     (15) "Organic waste material" means the organic material portion of the solid waste

stream, including, but not limited to, food scraps, food processing residue, and soiled or

unrecyclable paper that has been separated from nonorganic material.

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     (16) "Composting facility" means land, appurtenances, structures, or equipment where

organic materials originating from another process or location that have been separated at the

point or source of generation from nonorganic material are recovered using a process of

accelerated biological decomposition of organic material under controlled aerobic conditions.

     (17) "Anaerobic digestion facility" means a facility employing a closed vessel to perform

a closed process of accelerated biodegradation of organic materials and/or organic solid wastes

into biogas and digestate, using microorganisms under controlled conditions in the absence of

oxygen.

     (18) "Other authorized recycling method" means:

     (i) Recycling organic waste material on site or treating organic waste material via on-site

organic treatment equipment permitted pursuant to the general laws or federal law; or

     (ii) Diverting organic waste material for agricultural use, including consumption by

animals.

     (19) "Covered entity" means each commercial food wholesaler or distributor, industrial

food manufacturer or processor, supermarket, resort or conference center, banquet hall,

restaurant, religious institution, military installation, prison, corporation, hospital or other medical

care institution, and casino.

     (20) "Covered educational institution" means a higher educational or research institution.

     (21) "Covered educational facility" means a building or group of two (2) or more

interconnected buildings owned or used by a covered educational institution at which organic

waste materials are generated.

     SECTION 2. Chapter 23-18.9 of the General Laws entitled "Refuse Disposal" is hereby

amended by adding thereto the following sections:

     23-18.9-17. Food waste ban. – (a) On and after January 1, 2016, each covered entity and

each covered educational institution shall ensure that the organic waste materials that are

generated by the covered entity or at the covered educational facility are recycled at an

authorized, composting facility, or anaerobic digestion facility or by another authorized recycling

method if:

     (1) The covered entity or covered educational facility generates not less than one hundred

four (104) tons per year of organic waste material; and

     (2) The covered entity or covered educational facility is located not more than fifteen (15)

miles from an authorized composting facility or anaerobic digestion facility with available

capacity to accept such material.

     (b) A covered entity or covered educational institution may petition the department for a

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waiver of the requirements of subsection (a) of this section if the tipping fee charged by the

Rhode Island resource recovery corporation for non-contract commercial sector waste is less than

the fee charged by each composting facility or anaerobic digestion facility located within fifteen

(15) miles of the covered entity's location.

     23-18.9-18. Reporting requirements. – Each covered entity or covered educational

institution shall keep a written record of the amount of solid waste it generates and the amount of

organic waste material it recycles at composting or anaerobic digestion facilities. The covered

entity or covered educational institution, upon request, shall make the written records available

for inspection to the department.

     SECTION 3. This act shall take effect on July 1, 2014.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- FOOD RESIDUALS RECYCLING

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     This act would require certain large commercial food scrap generators and covered

educational institutions/facilities to divert food residuals to composting facilities.

     This act would take effect on July 1, 2014.

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