2014 -- H 8117 SUBSTITUTE A | |
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LC005552/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 -- REFUSE DISPOSAL | |
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Introduced By: Representatives Kazarian, Amore, Melo, and Hearn | |
Date Introduced: May 01, 2014 | |
Referred To: House Environment and Natural Resources | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 23-18.9-7 and 23-18.9-8 of the General Laws in Chapter 23-18.9 |
2 | entitled "Refuse Disposal" are hereby amended to read as follows: |
3 | 23-18.9-7. Definitions. -- As used in this chapter, the following terms shall, where the |
4 | context permits, be construed as follows: |
5 | (1) "Beneficial reuse material" means a processed, nonhazardous, solid waste not already |
6 | defined as recyclable material by this chapter and by regulations of the Rhode Island department |
7 | of environmental management that the director has determined can be reused in an |
8 | environmentally beneficial manner without creating potential threats to public health, safety, |
9 | welfare, or the environment or creating potential nuisance conditions. |
10 | (2) "Beneficial use determination" (BUD) means the case-by-case process by which the |
11 | director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a |
12 | specific purpose at a specific location within the host municipality. |
13 | (3) "Cocktailing" means the adding, combining, or mixing of hazardous waste as defined |
14 | in section §23-19.1-4 with construction debris and demolition debris. |
15 | (4) "Construction and demolition (C&D) debris" means non-hazardous solid waste |
16 | resulting from the construction, remodeling, repair, and demolition of utilities and structures; and |
17 | uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited |
18 | to, wood (including painted, treated, and coated wood and wood products),; land-clearing debris,; |
19 | wall coverings,; plaster,; drywall,; plumbing fixtures,; non-asbestos insulation,; roofing shingles |
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1 | and other roof coverings,; glass,; plastics that are not sealed in a manner that conceals other |
2 | wastes,; empty buckets ten (10) gallons or less in size and having no more than one inch of |
3 | residue remaining on the bottom,; electrical wiring and components containing no hazardous |
4 | liquids,; and pipe and metals that are incidental to any of the previously described waste. Solid |
5 | waste that is not C&D debris (even if resulting from the construction, remodeling, repair, and |
6 | demolition of utilities, structures and roads, and land clearing) includes, but is not limited to, |
7 | asbestos,; waste,; garbage,; corrugated container board,; electrical fixtures containing hazardous |
8 | liquids, such as fluorescent light ballasts or transformers, fluorescent lights,; carpeting,; furniture,; |
9 | appliances,; tires,; drums,; containers greater than ten (10) gallons in size,; any containers having |
10 | more than one inch of residue remaining on the bottom; and fuel tanks. Specifically excluded |
11 | from the definition of construction and demolition debris is solid waste (including what otherwise |
12 | would be construction and demolition debris) resulting from any processing technique, other than |
13 | that employed at a department-approved C&D debris processing facility, that renders individual |
14 | waste components unrecognizable, such as pulverizing or shredding. |
15 | (5) "Construction and demolition debris processing facility" means a solid waste |
16 | management facility that receives and processes construction and demolition debris of more than |
17 | fifty (50) tons per day. These facilities must demonstrate, through records maintained at the |
18 | facility and provided to the department, that seventy-five percent (75%) of all material received |
19 | by the facility is processed and removed from the site within six (6) weeks of receipt on a |
20 | continuous basis, and that in no case stores material on site for over three (3) months; provided, |
21 | however, these facilities do not include municipal compost facilities. |
22 | (6) "Construction and demolition debris separation facility" means a facility that |
23 | receives, separates, and or screens construction and demolition debris into its components for |
24 | subsequent resale or processing which that includes, but is not limited to, grinding, shredding, |
25 | crushing, or landfilling at another location separate and apart from the location on which the |
26 | separation occurs. |
27 | (7) "Director" means the director of the department of environmental management or any |
28 | subordinate or subordinates to whom the director has delegated the powers and duties vested in |
29 | him or her by this chapter. |
30 | (8) "Expansion" means any increase in volume, size, or scope, either vertically, |
31 | horizontally, or otherwise; provided, however, that this section does not apply to the vertical |
32 | expansion of the Charlestown Mmunicipal landfill until the closure date of July 1, 2000. |
33 | (9) "Person" includes an individual, firm, partnership, association, and private or |
34 | municipal corporation. |
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1 | (10) "Recyclable materials" means those materials separated from solid waste for reuse. |
2 | The director of the department of environmental management through regulations shall specify |
3 | those materials that are to be included within the definition of recyclables. The materials to be |
4 | included may change from time to time depending upon new technologies, economic conditions, |
5 | waste stream characteristics, environmental effects, or other factors. |
6 | (11) "Segregated solid waste" means material separated from other solid waste for reuse. |
7 | (12) "Solid waste" means garbage, refuse, tree waste as defined by subsection 14 of this |
8 | section, and other discarded solid materials generated by residential, institutional, commercial, |
9 | industrial, and agricultural sources, but does not include solids or dissolved material in domestic |
10 | sewage or sewage sludge or dredge material as defined in chapter 6.1 of title 46, nor does it |
11 | include hazardous waste as defined in chapter 19.1 of this title, nor does it include used asphalt, |
12 | concrete, or Portland concrete cement. |
13 | (13) "Solid waste management facility" means any plant, structure, equipment, real and |
14 | personal property, except mobile equipment or incinerators with a capacity of less than one |
15 | thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or |
16 | disposing of solid waste but not segregated solid waste. Any solid waste management facility that |
17 | stores waste materials containing gypsum on site over three (3) months must install and maintain |
18 | an active gas collection system approved by the department of environment management. |
19 | (14) (a) "Tree Waste" means all parts of a tree, including stumps, branches, and logs |
20 | which that shall be considered solid waste for purposes of this chapter unless the tree waste meets |
21 | the following criteria: |
22 | (1) The tree waste remains on the property where it was generated; or |
23 | (2) The tree waste remains in the possession of the person who generated it and is stored |
24 | above the ground surface, on property that the same person controls, for purposes of recycling |
25 | and reuse; or |
26 | (3) The tree waste, whether generated on or off-site, is being actively managed as a |
27 | usable wood product such as landscape mulch, wood chips, firewood, or mulch. |
28 | (b) The application of the criteria set forth in this section shall not be deemed to |
29 | abrogate, diminish, or impair the enforcement of the requirements established pursuant to chapter |
30 | 28.1 of this title or the authority of the state and/or a city or town to protect the public health, |
31 | safety or welfare from a public nuisance resulting from the storage and handling of tree waste. |
32 | 23-18.9-8. Licenses. -- (a) (1) No person shall operate any solid waste management |
33 | facility or construction and demolition (C&D) debris processing facility or expand an existing |
34 | facility unless a license is obtained from the director except as authorized by section §23-18.9-8. |
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1 | The director shall have full power to make all rules and regulations establishing standards to be |
2 | met for the issuance of the licenses. |
3 | (2) The director shall promulgate rules and regulations governing the uses and content of |
4 | materials accepted and generated by a construction and demolition debris processing facility. Any |
5 | costs associated with testing these materials by the facility or by the department to verify the |
6 | results of the facility's tests shall be borne by the facility. Each facility shall be required to |
7 | establish a fund with the department to cover the cost of these tests. |
8 | (b) Any person who desires to construct a solid waste management facility or install any |
9 | equipment in a solid waste management facility must first submit to the director for approval |
10 | plans and specifications and other related data required by the director. |
11 | (c) Processing facilities that accept less than one hundred and fifty (150) tons per day of |
12 | construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid |
13 | waste management facility license; however, they are not exempt from complying with all other |
14 | applicable requirements for the construction and operation of a construction and demolition |
15 | debris processing facility and are subject to the rules and regulations for these facilities |
16 | promulgated in accordance with this section. |
17 | (d)(c) No construction and demolition debris processing facility shall be issued a license |
18 | or be able to operate unless it has: |
19 | (1) Received a letter of compliance from the host municipality that all applicable zoning |
20 | requirements and local ordinances of the host municipality have been complied with. |
21 | (2) Submitted a fire protection plan which that has been approved by the local fire chief, |
22 | or his or her designee in which the facility is located; and |
23 | (3) For the purposes of this subsection, the letter of compliance from the host |
24 | municipality shall issue from either: |
25 | (i) The town or city manager with town or city council approval in a municipality with a |
26 | managerial form of government; or |
27 | (ii) The elected mayor with town or city council approval in a municipal with a non- |
28 | managerial from of government. |
29 | (4) If, after thirty (30) days of receipt of a written request to the city or town by the |
30 | applicant for a license requesting a letter of compliance, the letter of compliance is not issued |
31 | because the host municipality finds that the requirements of the applicable zoning requirements or |
32 | other ordinances have not been met, a letter of non-compliance must be issued setting forth the |
33 | particular requirements that have not been met. If after a license is issued, the host community |
34 | finds that all applicable zoning or other applicable ordinances are no longer complied with they |
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1 | are authorized to issue a non-compliance letter. |
2 | (5) Upon issuance of a letter of non-compliance, the applicant for a license shall have all |
3 | rights of appeal under the provisions of chapter 24 of title 45 as to zoning issues and any other |
4 | rights to appeal that may be applicable as to the determination of non-compliance with other |
5 | ordinances. |
6 | (i) In the case of an application or renewal of an existing license for an increase in the |
7 | acceptance and processing of the amount of (C&D) debris per day the letter of non-compliance |
8 | shall stay the issuance of the license allowing said increase until the appeal process provided for |
9 | herein is final. |
10 | (ii) In the case of an application or renewal of an existing license that does not request an |
11 | increase in the acceptance and/or processing of the amount of (C&D) debris per day where the |
12 | applicant for renewal has timely filed an appeal as contained herein, the letter of non-compliance |
13 | shall not be used as grounds for denial of the approval of the renewable license; however, if upon |
14 | final determination by a zoning board or court of competent jurisdiction upon appeal, it is found |
15 | that the facility is in non-compliance, said the license shall be revoked by the director. |
16 | (e)(d) The local fire chief, or his or her designee, is authorized to conduct random, |
17 | unannounced inspections of facilities licensed under this section to insure ensure continued |
18 | compliance with the approved fire protection plan. If any facility at the time of inspection is |
19 | found not to be in compliance with the approved plan, that facility shall immediately cease |
20 | operation until the time that they it corrects any deficiency and the local fire chief or his or her |
21 | designee finds the facility is in compliance with the approved fire protection plan. |
22 | (f)(e) Any facility that is found to be in violation of the fire protection plan under this |
23 | section on three (3) separate inspections, within any three-(3) year (3) time period, shall have its |
24 | license to operate under this section revoked. |
25 | (g)(f) A municipality that desires to evaluate available technologies, equipment, or |
26 | methodologies for managing solid waste, may request approval from the director to perform a |
27 | limited demonstration pilot project prior to submission of an application for a license. |
28 | Demonstration projects shall not exceed fifty (50) tons per day maximum capacity. The |
29 | municipality must first submit to the director, for approval, plans and specifications, including |
30 | fire protection plans and other related data as required by the director. The municipality shall also |
31 | give public notice of the request and allow a thirty-(30) day (30) period for the director to receive |
32 | public comment on the proposed project. After the close of the public comment period, the |
33 | director is authorized to approve or deny the request. Approval for a demonstration pilot project |
34 | shall be granted for a period not exceeding six (6) months. |
| LC005552/SUB A - Page 5 of 7 |
1 | (h)(g) Any facility that is licensed or registered by the department under this chapter as |
2 | of July 1, 2006, that accepts greater than three (3) cubic yards of tree waste as defined by |
3 | subsection §23-18.9-7(14) shall be considered an existing tree waste management facility. |
4 | Existing tree waste management facilities shall notify the department and the local fire chief of |
5 | the existence and scope of their tree waste management activities in writing no later than August |
6 | 30, 2006, and shall incorporate their tree waste management activities in a revised operating plan |
7 | as part of the next renewal of their license or registration. |
8 | (i)(h) Any construction and demolition (C&D) debris processing facility under this |
9 | section that is within a one thousand feet (1000') radius of a residential zone district shall not be |
10 | conduct all operations covered under the license inside a structure completely enclosed by four |
11 | solid walls the confines of an enclosed, permanent building allowed to accept and/or process in |
12 | excess of one hundred fifty (150) tons per day of construction and demolition (C&D) debris |
13 | where the owner or owners of the greater part of the land within a one thousand foot (1,000') |
14 | radius of the property boundary lines of the facility files an objection to the granting of a license |
15 | permitting the acceptance and/or processing in excess of one hundred fifty (150) tons per day of |
16 | construction and demolition debris. |
17 | (i) Granting of a license, license renewal, or permission for an equipment addition under |
18 | this section shall in no way affect the applicant's responsibility to comply with all zoning and |
19 | other local ordinances, nor the applicant's responsibility to obtain any local permits, except as |
20 | specifically provided by Rhode Island General Law. When multiple uses are in place on a site |
21 | with a licensed solid waste facility, the terms and conditions of the license are only applicable to |
22 | the activities and operations subject to the license and not the other uses of the property. |
23 | SECTION 2. This act shall take effect upon passage. |
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LC005552/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL | |
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1 | This act would modify the definition of a construction and demolition (C&D) debris |
2 | processing facility by eliminating the daily amount of C&D debris a facility may receive and |
3 | process. It would further require such a facility that is located within a one thousand foot (1000') |
4 | radius of a residential zone district conduct all operations within an enclosed structure. |
5 | This act would take effect upon passage. |
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LC005552/SUB A | |
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