2014 -- H 7033 SUBSTITUTE A AS AMENDED

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LC003107/SUB A

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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:

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

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Disposal" is hereby amended to read as follows:

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

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context permits, be construed as follows:

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

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

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

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

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welfare, or the environment or creating potential nuisance conditions.

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

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

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specific purpose at a specific location within the host municipality.

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

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

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      (4) "Construction and demolition (C&D) debris" means non-hazardous solid waste

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resulting from the construction, remodeling, repair, and demolition of utilities and structures; and

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uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited

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to, wood (including painted, treated, and coated wood and wood products),; land clearing debris,;

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wall coverings,; plaster,; drywall,; plumbing fixtures,; non-asbestos insulation,; roofing shingles

 

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

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wastes, empty buckets ten (10) gallons or less in size and having no more than one inch of residue

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remaining on the bottom,; electrical wiring and components containing no hazardous liquids,; and

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pipe and metals that are incidental to any of the previously described waste. Solid waste that is

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not C&D debris (even if resulting from the construction, remodeling, repair, and demolition of

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utilities, structures and roads; and land clearing) includes, but is not limited to, asbestos,; waste,;

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garbage,; corrugated container board,; electrical fixtures containing hazardous liquids such as

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fluorescent light ballasts or transformers,; fluorescent lights,; carpeting,; furniture,; appliances,;

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tires,; drums,; containers greater than ten (10) gallons in size,; any containers having more than

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one inch of residue remaining on the bottom; and fuel tanks. Specifically excluded from the

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definition of construction and demolition debris is solid waste (including what otherwise would

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be construction and demolition debris) resulting from any processing technique, other than that

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employed at a department-approved C&D debris processing facility, that renders individual waste

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components unrecognizable, such as pulverizing or shredding.

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

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

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

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facility and provided to the department, that seventy-five percent (75%) of all material received

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by the facility is processed and removed from the site within six (6) weeks of receipt on a

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continuous basis, and that in no case stores material on site for over three (3) months; provided,

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however, these facilities do not include municipal compost facilities.

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

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

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subsequent resale or processing which that includes, but is not limited to, grinding, shredding,

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crushing, or landfilling at another location separate and apart from the location on which the

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separation occurs.

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      (7) "Director" means the director of the department of environmental management or any

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subordinate or subordinates to whom the director has delegated the powers and duties vested in

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him or her by this chapter.

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

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

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

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

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municipal corporation.

 

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      (10) "Recyclable materials" means those materials separated from solid waste for reuse.

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The director of the department of environmental management, through regulations, shall specify

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those materials that are to be included within the definition of recyclables. The materials to be

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included may change from time to time depending upon new technologies, economic conditions,

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waste stream characteristics, environmental effects, or other factors.

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

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

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section, and other discarded solid materials generated by residential, institutional, commercial,

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industrial, and agricultural sources, but does not include solids or dissolved material in domestic

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

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

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concrete, or Portland concrete cement.

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      (13) "Solid waste management facility" means any plant, structure, equipment, real and

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personal property, except mobile equipment or incinerators with a capacity of less than one

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

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

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

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

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

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

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the following criteria:

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

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

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

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and reuse; or

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

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

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

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

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

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

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

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

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unrecyclable paper that has been separated from nonorganic material.

 

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

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

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

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accelerated biological decomposition of organic material under controlled aerobic conditions.

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

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

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

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oxygen.

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     (18) "Other authorized recycling method" means:

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

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

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

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animals.

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

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

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

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care institution, and casino.

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

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

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

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waste materials are generated.

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

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amended by adding thereto the following sections:

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

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

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

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

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method if:

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

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

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

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

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capacity to accept such material.

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     (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

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

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

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

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

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

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

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

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for inspection to the department.

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     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

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

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     This act would take effect on July 1, 2014.

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