2014 -- S 2437

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LC004648

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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 - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

     

     Introduced By: Senator Dominick J.Ruggerio

     Date Introduced: February 27, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-19-3 and 23-19-11 of the General Laws in Chapter 23-19

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entitled "Rhode Island Resource Recovery Corporation" are hereby amended to read as follows:

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     23-19-3. Declaration of policy. -- The following are declared to be policies of the state:

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      (1) That the ultimate solid waste management objective of the state is to maximize

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recycling and reuse of solid waste;

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      (2) That solid waste management facilities and projects are to be implemented either by

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the state or under state auspices, in furtherance of these goals;

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      (3) That appropriate governmental structure, processes, and support must be provided so

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that an effective and integrated statewide network of solid waste management facilities may be

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planned, financed, developed and operated for the benefit of the people and municipalities of the

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state;

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      (4) That solid waste management activities be conducted in an environmentally sound

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manner;

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      (5) That private industry be encouraged to continue playing a key role in the state's solid

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waste management programs;

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      (6) That solid waste management facilities and services be provided for municipalities,

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institutions, and persons in the state at reasonable costs, by state solid waste management systems

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and facilities, where the services and facilities are considered necessary and desirable; the

 

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facilities and services shall be used by all persons and municipalities within the state under terms

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and conditions that the Rhode Island resource recovery corporation shall reasonably fix and

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establish; provided, however, that municipalities operating their own landfills on December 1,

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1986 shall be free to continue to use the landfills until the closure of the landfills; and provided,

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further, that this subdivision shall not be construed to affect or impair any valid contract for

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disposal of municipal waste which was in effect on March 1, 1985 until the expiration of the

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original term of the contract, or the expiration of any extension approved by the corporation, or

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sooner termination of the contract; after the closure of the landfill or expiration or earlier

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termination of the contracts, the municipalities shall be required to use the facilities and services

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as the corporation shall direct;

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      (7) That provision shall be made for planning, research, and development, and

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appropriate innovation in the design, management, and operation of the state's system for solid

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waste management, in order to permit continuing improvement and provide adequate incentives

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and processes for lowering operating and other costs;

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      (8) That the Rhode Island resource recovery corporation established pursuant to this

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chapter shall plan and implement solid waste management facilities where necessary and

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desirable throughout the state, in accordance with the general laws and with applicable state

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regulations, including, without limitation, regulations of the department of health and the

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department of environmental management;

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      (9) The creation, licensing, and operation of landfill solid waste disposal facilities should

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be limited to what is reasonably required to service the needs of the inhabitants and businesses of

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this state, having regard for alternative technologies for waste disposal;

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      (10) That the Rhode Island resource recovery corporation will provide, either by contract

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with a private concern or directly by the corporation, a recycling facility as defined by the

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department of environmental management at, or within a convenient distance of, all solid waste

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disposal facilities under its jurisdiction. These recycling facilities will provide cities and towns

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with a place to deposit their recyclable materials at no tipping cost to the municipalities; provided,

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however, that tipping fees may be charged in accordance with this chapter when the solid waste

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processing facility is designed to process nonsource separated or partially source separated solid

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waste for recycling at least seventy percent (70%) of the municipal solid waste stream.

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      (11) An integrated approach shall be adopted with respect to solid waste management

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planning and implementation activities that shall be based on the following priorities to the extent

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economically feasible:

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      (i) Reduction of the amount of source waste generated;

 

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      (ii) Source separation and recycling;

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      (iii) Waste processing such as recycling based technology to reduce the volume of waste

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necessary for land disposal;

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      (iv) Land disposal;

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      (12) That the central landfill should be reserved for the disposal of solid waste generated

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within the state; and

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      (13) That the resource recovery corporation will operate the central landfill in a manner

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designed to afford to the environment and to the citizens of the state who reside near the landfill

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the maximum protection which is available for the land disposal of rubbish and minimize or

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eliminate land disposal of solid waste.

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      (14) That due to the myriad of over four hundred (400) toxic pollutants including lead,

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mercury, dioxins, and acid gasses known to be emitted by solid waste incinerators, the known and

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unknown threats posed by solid waste incinerators to the health and safety of Rhode Islanders,

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particularly children, along with the known and unknown threats to the environment are

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unacceptable.

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      (15) That despite the use of state of the art landfill liner systems and leachate collection

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systems, landfills, and particularly incinerator ash landfills, release toxic leachate into ground and

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surface waters which poses an unacceptable threat to public health, the environment, and the

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state's limited ground and surface water resources.

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      (16) That incineration of solid waste is the most costly method of waste disposal with

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known and unknown escalating costs that would place substantial and unreasonable burdens on

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both state and municipal budgets to the point of seriously jeopardizing the public's interest.

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      (17) (16) That the highest and best use of leaf and yard debris is for use in the

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composting process and the resulting compost material is a valuable soil amendment for

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agricultural and landscaping operations. The corporation shall accept segregated leaf and yard

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debris collected from municipalities as part of a municipal leaf and yard waste diversion program.

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Municipalities shall have a .025 ton per person cap on the amount of leaf and yard debris they

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deliver to the corporation's facility annually beginning on July 1, 2009. The corporation shall

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establish a municipal leaf and yard debris borrowing program that allows municipalities to share

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portions of their choosing of their unutilized cap tonnage with municipalities that are in excess

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of their cap tonnage. This program shall not allow an individual municipality to borrow more than

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one-half (1/2) of its established tonnage cap. This material shall be accepted at no charge to

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municipalities, provided that the corporation may charge twenty-five dollars ($25.00) per ton for

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every ton that exceeds the per person cap not including any tonnage that a municipality utilized

 

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from the leaf and yard debris borrowing program established for the municipality. This material

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shall be composted at the corporation's facility. The resulting compost shall be used by the

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corporation for operational and construction needs, may be marketed by the corporation to help

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offset processing costs and may be periodically available to municipalities and state agencies at

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no charge. The corporation shall quantify the amount of leaf and yard debris it requires on an

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annual basis to create compost for landfill and construction operation purposes. The corporation

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shall report this amount to the general assembly no later than September 1, 2008.

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     23-19-11. Planning requirements. -- Planning responsibilities of the corporation shall

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include, but not be limited to:

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      (1) The preparation of a statewide resource recovery system development plan which

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will indicate the location, type, and size of solid waste management facilities, including without

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limitation, transfer stations, waste processing facilities, and ultimate disposal facilities which may

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be required to serve the future needs of the state and its municipalities through the development

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of an integrated statewide resource recovery system for the effective management of solid waste;

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      (2) The plan shall be in conformity with the applicable provisions of the state guide plan;

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      (3) The plan will be subject to amendment;

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      (4) In developing the plan, the corporation will assure that:

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      (i) The orderly extension of future solid waste facilities and management systems are

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provided for in a manner consistent with the needs and plans of the whole area, and in a manner

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consistent with the state departments of health and environmental management rules and

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regulations for locating and operating solid waste facilities;

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      (ii) All aspects of planning, zoning, population estimates, engineering, and economics

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are taken into consideration to delineate with all practical precision those portions of the area

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which may reasonably be expected to be served by a given time frame, as determined by the

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corporation;

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      (iii) Appropriate time schedules are set for the phasing in of the required component

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parts of the system.

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      (iv) Future solid waste disposal facilities shall be regional in size and emphasize the

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geographic and political nature of the surrounding area.

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      (5) In the interim prior to the completion of the statewide plan, the corporation is

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authorized to develop component facilities as may be required to carry out the purposes of this

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chapter; provided, however, upon completion of the plan, all projects of the corporation

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undertaken thereafter shall be in conformity with the plan; and

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      (6) The corporation shall cooperate with the department of environmental management

 

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and other state and local agencies in the development of a comprehensive statewide solid waste

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management plan, of which the corporation's statewide resource recovery system development

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plan shall be a component part. Nothing in this chapter shall be interpreted as limiting the

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authority of the department of environmental management to prepare a statewide, comprehensive,

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solid waste management plan, including, but not limited to, any plan required by any federal law,

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rules, or regulations to meet federal requirements that may be conditions precedent to receiving

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federal assistance.

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      (7) The plan shall not include incineration of solid waste.

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      (8) (7) The plan shall limit the use of landfills to providing temporary backup or bypass

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disposal capacity and residue disposals from waste processing facilities. The plan shall also seek

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to minimize landfilling of any type of waste and phase out the use of landfills for waste disposal.

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      (9) (8) The plan shall include composting of yard waste and other appropriate organic

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wastes.

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      (10) (9) The plan shall consider the financial feasibility of modifying, curtailing, or

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supplanting the provisions of chapter 19.1 of this title in light of the requirements for waste

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processing facilities.

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      (11) (10) The plan shall primarily rely on a system of waste processing facilities.

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      (12) (11) The plan shall provide that the corporation actively pursue research and

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develop new uses for materials recovered from solid waste to maximize revenue from recycled

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materials.

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     SECTION 2. This act shall take effect upon passage.

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LC004648

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

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     This act would allow the Rhode Island Resource Recovery Corporation to consider the

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option of waste to energy.

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     This act would take effect upon passage.

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