2014 -- S 2436

========

LC004233

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO THE RECYCLING OF ORGANIC MATERIALS BY CERTAIN FOOD

WHOLESALERS, MANUFACTURERS, SUPERMARKETS, AND CONFERENCE CENTERS

     Introduced By: Senators Sosnowski, Cool Rumsey, Goldin, Bates, and Conley

     Date Introduced: February 27, 2014

     Referred To: Senate Environment & Agriculture

     (Environmental Management)

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 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 Municipal landfill until the closure date of July 1, 2000.

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

LC004233 - Page 2 of 4

municipal corporation.

      (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 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

LC004233 - Page 3 of 4

unrecyclable paper that has been separated from nonorganic material.

     (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.

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

amended by adding thereto the following section:

     23-18.9-17. Food waste ban. – On and after January 1, 2015, each commercial food

wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or

conference center, banquet hall, restaurant, educational or religious institution, research

institution, military installation, prison, corporation, hospital or other medical care institution, and

casino shall ensure that the organic waste materials that are generated by the entity are recycled at

an authorized, composting facility, or anaerobic digestion facility if:

     (1) The organic waste generator generates not less than one hundred four (104) tons per

year of organic waste material; and

     (2) The organic waste material generator is located not more than ten (10) miles from an

authorized composting facility or anaerobic digestion facility with available capacity to accept

such material.

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

========

LC004233

========

LC004233 - Page 4 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE RECYCLING OF ORGANIC MATERIALS BY CERTAIN FOOD

WHOLESALERS, MANUFACTURERS, SUPERMARKETS, AND CONFERENCE CENTERS

***

     This act would require certain large commercial food scrap generators to divert food

residuals to composting facilities.

     This act would take effect on July 1, 2014.

========

LC004233

========

LC004233 - Page 5 of 4