2014 -- S 2441 SUBSTITUTE A

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LC004721/SUB A/2

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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

     

     Introduced By: Senator Daniel DaPonte

     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 23-18.9-7 and 23-18.9-8 of the General Laws in Chapter 23-18.9

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entitled "Refuse Disposal" are 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

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

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liquids,; and pipe and metals that are incidental to any of the previously described waste. Solid

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waste that is not C&D debris (even if resulting from the construction, remodeling, repair, and

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demolition of utilities, structures and roads, and land clearing) includes, but is not limited to,

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asbestos,; waste,; garbage,; corrugated container board,; electrical fixtures containing hazardous

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liquids, such as fluorescent light ballasts or transformers, fluorescent lights,; carpeting,; furniture,;

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

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

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

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

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

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waste 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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     23-18.9-8. Licenses. -- (a) (1) No person shall operate any solid waste management

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facility or construction and demolition (C&D) debris processing facility or expand an existing

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facility unless a license is obtained from the director except as authorized by section §23-18.9-8.

 

LC004721/SUB A/2 - Page 3 of 6

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The director shall have full power to make all rules and regulations establishing standards to be

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met for the issuance of the licenses.

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      (2) The director shall promulgate rules and regulations governing the uses and content of

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materials accepted and generated by a construction and demolition debris processing facility. Any

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costs associated with testing these materials by the facility or by the department to verify the

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results of the facility's tests shall be borne by the facility. Each facility shall be required to

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establish a fund with the department to cover the cost of these tests.

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      (b) Any person who desires to construct a solid waste management facility or install any

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equipment in a solid waste management facility must first submit to the director for approval

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plans and specifications and other related data required by the director.

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      (c) Processing facilities that accept less than one hundred and fifty (150) tons per day of

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construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid

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waste management facility license; however, they are not exempt from complying with all other

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applicable requirements for the construction and operation of a construction and demolition

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debris processing facility and are subject to the rules and regulations for these facilities

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promulgated in accordance with this section.

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      (d)(c) No construction and demolition debris processing facility shall be issued a license

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or be able to operate unless it has:

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      (1) Received a letter of compliance from the host municipality that all applicable zoning

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requirements and local ordinances of the host municipality have been complied with.

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      (2) Submitted a fire protection plan which that has been approved by the local fire chief,

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or his or her designee in which the facility is located; and

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      (3) For the purposes of this subsection, the letter of compliance from the host

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municipality shall issue from either:

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      (i) The town or city manager with town or city council approval in a municipality with a

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managerial form of government; or

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      (ii) The elected mayor with town or city council approval in a municipal municipality

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with a non- managerial from of government.

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      (4) If, after thirty (30) days of receipt of a written request to the city or town by the

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applicant for a license requesting a letter of compliance, the letter of compliance is not issued

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because the host municipality finds that the requirements of the applicable zoning requirements or

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other ordinances have not been met, a letter of non-compliance must be issued setting forth the

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particular requirements that have not been met. If after a license is issued, the host community

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finds that all applicable zoning or other applicable ordinances are no longer complied with they

 

LC004721/SUB A/2 - Page 4 of 6

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are authorized to issue a non-compliance letter.

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      (5) Upon issuance of a letter of non-compliance, the applicant for a license shall have all

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rights of appeal under the provisions of chapter 24 of title 45 as to zoning issues and any other

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rights to appeal that may be applicable as to the determination of non-compliance with other

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ordinances.

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      (i) In the case of an application or renewal of an existing license for an increase in the

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acceptance and processing of the amount of (C&D) debris per day the letter of non-compliance

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shall stay the issuance of the license allowing said increase until the appeal process provided for

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herein is final.

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      (ii) In the case of an application or renewal of an existing license that does not request an

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increase in the acceptance and/or processing of the amount of (C&D) debris per day where the

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applicant for renewal has timely filed an appeal as contained herein, the letter of non-compliance

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shall not be used as grounds for denial of the approval of the renewable license; however, if upon

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final determination by a zoning board or court of competent jurisdiction upon appeal, it is found

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that the facility is in non-compliance, said the license shall be revoked by the director.

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      (e)(d) The local fire chief, or his or her designee, is authorized to conduct random,

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unannounced inspections of facilities licensed under this section to insure ensure continued

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compliance with the approved fire protection plan. If any facility at the time of inspection is

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found not to be in compliance with the approved plan, that facility shall immediately cease

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operation until the time that they it corrects any deficiency and the local fire chief or his or her

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designee finds the facility is in compliance with the approved fire protection plan.

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      (f)(e) Any facility that is found to be in violation of the fire protection plan under this

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section on three (3) separate inspections, within any three-(3) year (3) time period, shall have its

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license to operate under this section revoked.

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      (g)(f) A municipality that desires to evaluate available technologies, equipment, or

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methodologies for managing solid waste, may request approval from the director to perform a

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limited demonstration pilot project prior to submission of an application for a license.

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Demonstration projects shall not exceed fifty (50) tons per day maximum capacity. The

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municipality must first submit to the director, for approval, plans and specifications, including

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fire protection plans and other related data as required by the director. The municipality shall also

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give public notice of the request and allow a thirty-(30) day (30) period for the director to receive

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public comment on the proposed project. After the close of the public comment period, the

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director is authorized to approve or deny the request. Approval for a demonstration pilot project

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shall be granted for a period not exceeding six (6) months.

 

LC004721/SUB A/2 - Page 5 of 6

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      (h)(g) Any facility that is licensed or registered by the department under this chapter as

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of July 1, 2006, that accepts greater than three (3) cubic yards of tree waste as defined by

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subsection §23-18.9-7(14) shall be considered an existing tree waste management facility.

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Existing tree waste management facilities shall notify the department and the local fire chief of

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the existence and scope of their tree waste management activities in writing no later than August

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30, 2006, and shall incorporate their tree waste management activities in a revised operating plan

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as part of the next renewal of their license or registration.

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      (i)(h) Any construction and demolition (C&D) debris processing facility under this

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section that is within a one thousand feet (1000') radius of a residential zone district shall not be

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conduct all operations covered under the license inside a structure completely enclosed by four

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solid walls the confines of an enclosed, permanent building allowed to accept and/or process in

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excess of one hundred fifty (150) tons per day of construction and demolition (C&D) debris

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where the owner or owners of the greater part of the land within a one thousand foot (1,000')

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radius of the property boundary lines of the facility files an objection to the granting of a license

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permitting the acceptance and/or processing in excess of one hundred fifty (150) tons per day of

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construction and demolition debris.

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     (i) Granting of a license, license renewal, or permission for an equipment addition under

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this section shall in no way affect the applicant's responsibility to comply with all zoning and

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other local ordinances, nor the applicant's responsibility to obtain any local permits, except as

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specifically provided by Rhode Island General Law. When multiple uses are in place on a site

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with a licensed solid waste facility, the terms and conditions of the license are only applicable to

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the activities and operations subject to the license and not the other uses of the property.

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     SECTION 2. This act shall take effect upon passage.

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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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     This act would modify the definition of a construction and demolition (C&D) debris

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processing facility by eliminating the daily amount of C&D debris a facility may receive and

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process. It would further require such a facility that is located within a one thousand foot (1000')

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radius of a residential zone district conduct all operations within an enclosed structure.

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     This act would take effect upon passage.

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