2016 -- S 2093 SUBSTITUTE A

========

LC004051/SUB A/3

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

     Introduced By: Senator Roger Picard

     Date Introduced: January 21, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-18.9-8.1 of the General Laws in Chapter 23-18.9 entitled

"Refuse Disposal" is hereby amended to read as follows:

     23-18.9-8.1. Criteria for public and private licenses. -- (a) The director shall grant

licenses only to those public facilities which the director determines meet all relevant criteria by

regulation to protect human health and the environment and which are reasonably required to

dispose of wastes generated within this state. All public projects shall meet the criteria for need

established in § 23-19-4(b) and the director shall require no further demonstration of need.

      (b) The director shall grant licenses only to those private facilities which he or she

determines meet all relevant criteria established by regulation to protect human health and the

environment.

     (c)(1) The director shall have the authority to grant emergency temporary refuse transfer

licenses to a municipality, as long as the municipality can provide sufficient assurances as to the

municipality's ability to protect human health and the environment. Notice to the director of the

municipality’s intent to establish a temporary transfer station shall be deemed sufficient to begin

emergency operations, provided that the municipal letter of notice is accompanied by proof of

health, human, and environmental safety assurances.

     (2) The temporary license shall have a set expiration date which may be extended upon

request by the entity, and is subject to a site inspection by a representative of the department.

     (3) The entity to which the temporary license is issued shall provide means to recycle any

waste collected that is considered recyclable as defined by the department.

     (4) The department shall not charge a fee for the temporary refuse transfer license, nor

shall the department assess any fines to the municipal host of the collection station for the

emergency establishment of the transfer station. Should the municipality determine a need for a

permanent transfer station, the municipality shall abide by all department rules and regulations

governing the establishment and operation of a transfer station, in accordance with the provisions

of chapter 18.9 of title 23 and chapter 19 of title 23.

     SECTION 2. This act shall take effect upon passage.

========

LC004051/SUB A/3

========

LC004051/SUB A/3 - Page 2 of 2

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

***

     This act would grant the director of the department of environmental management the

authority to issue emergency temporary refuse transfer licenses to existing collection stations or

recycle centers.

     This act would take effect upon passage.

========

LC004051/SUB A/3

========

LC004051/SUB A/3 - Page 3 of 2