2016 -- S 2526 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Senators Sosnowski, Coyne, Goldin, Walaska, and Lombardo

     Date Introduced: February 25, 2016

     Referred To: Senate Environment & Agriculture

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 24.13

HOUSEHOLD HAZARDOUS WASTE MANAGEMENT ACT

     23-24.13-1. Statement of policy. -- Recognizing the ever increasing use of hard-to-

dispose household hazardous material by the people of Rhode Island as well as the fundamental

need for a healthful, clean, and beautiful environment; and further recognizing that the

proliferation and accumulation of hard-to-dispose material throughout this state impairs this need

and constitutes a public health hazard; and further recognizing the need to conserve energy and

natural resources; and further recognizing that there is an imperative need to anticipate, plan for,

and accomplish effective control, recovery, and recycling of hard-to-dispose material, there is

hereby enacted this "hard-to-dispose material control and recycling" chapter.

     23-24.13-2. Declaration of purpose. -- (a) The purpose of this chapter is to establish

programs to aid in the monitoring, tracking, reuse, recycling, and proper disposal of hard-to-

dispose materials and to respond to clean-up activities associated with hard-to-dispose material by

delegating to the Rhode Island resource recovery corporation the authority to:

     (1) Conduct a permanent and continuous program to control and remove hard-to-dispose

materials generated within the state to the maximum practical extent possible;

     (2) Recover and recycle waste materials related to hard-to-dispose material;

     (3) Encourage waste reduction, recovery, and private recycling;

     (4) Increase public awareness of the need for recycling; and

     (5) To aid in the development of private and public sector facilities and programs for the

monitoring, tracking, recycling, reuse, reduction, and proper disposal of hard-to-dispose material.

     (b) It is further the intent and purpose of this chapter to create jobs for employment in

hard-to-dispose material cleanup and related activities and to encourage small, private recycling

centers. This program shall include the compatible goal of recovery of recyclable material to

conserve energy and natural resources wherever practicable. Every department of state

government and all local governmental units and agencies shall cooperate with the Rhode Island

resource recovery corporation in the administration and enforcement of this chapter. The intent of

this chapter is to add to and to coordinate existing recycling hard-to-dispose material control and

removal efforts, and to aid private and public efforts in the proper disposal, recycling, reuse, and

reduction of hard-to-dispose material and not terminate or supplant those efforts.

     23-24.13-3. Definitions. -- As used in this chapter the following terms shall, where the

context permits, be defined as follows:

     (1) "Community collection center" means a central collection point in a community for

hard-to-dispose household material, or a point where those materials are taken after being

collected to be processed.

     (2) "Community collection program" means an event-based program designed and

operated by the corporation to accept hard-to-dispose household material as defined in chapter

15.1 of title 37, and for such a time as corporation finances allow.

     (3) "Corporation" means the Rhode Island resource recovery corporation.

     (4) "Director" means the director of the Rhode Island resource recovery corporation.

     (5) "Generator" means any person, by site, who produces hazardous waste or imports

hazardous waste from a foreign country, or whose act or process produces waste, or whose act

first causes a hazardous waste to become subject to regulation.

     (6) "Hard-to-dispose of household material" means and encompasses the following

materials generated by households, including, but not limited to: petroleum-based or synthetic

lubricating oils, lubricants in internal combustion engines; glycol-based antifreeze and organic

solvents; pesticides and fertilizers; pool chemicals; and mercury containing thermostats,

thermometers and auto switches. A petroleum-based or synthetic lubricating oil which is recycled

and/or re-refined is not, nor shall it be considered, a hard-to-dispose material.

     (6) "Hazardous waste" means such waste as defined in chapter 19.1 of title 23.

     (8) "Household hazardous waste" means the waste that meets the definition of hazardous

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waste and which is delivered from households. This definition does not include hazardous waste

generated in households as part of a business, nor shall this definition extend to waste from hotels

and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and to day-

use recreational areas, except for that waste ordinarily left behind by a guest or other users of

these institutions.

     (9) "Organic solvents" means any compounds of carbon which are liquids at standard

conditions, and which are used as dissolvers, viscosity reducers, diluents, thinners, reagents, or

cleaning agents, (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides,

metallic carbonates, and ammonium carbonate) and which are listed as hazardous waste pursuant

to the state hazardous waste program pursuant to chapter 19.1, title 23.

     (10) "Person" means any natural person, political subdivision, government agency, public

or private corporation, partnership, joint venture, association, firm, individual proprietorship, or

any other entity.

     (11) "Program" means those activities of the corporation to encourage, manage, and fund

hard-to-dispose material control and recycling, and to aid in the monitoring and tracking,

reduction, recycling, and reuse of hard-to-dispose material control and recycling pursuant to this

chapter.

     (12) "Public place" means any area that is used or held out for use by the public whether

owned or operated by public or private interests.

     (13) "Recycling" means any process in which discarded products may lose their original

identity or form as they are transformed into new, usable or marketable materials.

     23-24.13-4. Prohibitions. -- No person shall throw, drop, deposit, discard, or otherwise

dispose of hard-to-dispose material upon any public property in the state or in the waters of this

state or upon private property in this state owned by them except:

     (1) When the property is designated by the state or by any of its agencies or political

subdivisions for the disposal of hard-to-dispose material, and that person is authorized to use the

property for that purpose; or

     (2) Into a receptacle which has been provided by or authorized by the corporation.

     23-24.13-5. Revenue. -- All assessments, fines, bail forfeitures, and other funds collected

or received pursuant to this chapter shall be deposited as general revenues of the corporation and

be allocated as directed in chapter 15.1 of title 37.

     23-24.13-6. Allocation of funds. -- The corporation shall allocate and distribute money

for the hard-to-dispose material program by way of grant to eligible persons for the following

activities:

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     (1) Establishing educational programs and technical assistance programs to assist in the

collection, marketing, recycling, reuse, reduction, and safe disposal of hazardous hard-to-dispose

household material.

     (2) Surveying, tracking, and monitoring hard-to-dispose household material.

     (3) Establish or plan state owned and operated regional collection centers for hard-to-

dispose household material.

     (4) To supplement, not supplant, funds for the collection of used oil in the state's

collection system.

     23-24.13-7. Duties of the corporation. -- In addition to its other duties and

responsibilities, the corporation shall:

     (1) Serve as the coordinating agency between the various industry organizations seeking

to aid in the hard-to-dispose material and recycling efforts;

     (2) Recommend to the governing bodies of all local governments that they adopt

ordinances consistent with the provisions of this chapter;

     (3) Cooperate with all local governments to accomplish coordination of local hard-to-

dispose household material and recycling efforts;

     (4) Encourage, organize, and coordinate all voluntary local hard-to-dispose household

material and recycling campaigns seeking to focus the attention of the public on the programs of

this state to control and remove hard-to-dispose material, and to foster recycling;

     (5) Investigate the availability of, and apply for funds available from any private or

public source to be used in the program outlined in this chapter;

     (6) Develop statewide programs to increase public awareness of and participation in

recycling, and to encourage community recycling centers, public participation in recycling and

research and development in the field of hard-to-dispose household material, and recycling,

removal, and disposal of litter-related recycling materials;

     (7) Publish a timetable for the establishment of the state owned and operated regional

collection centers.

     23-24.13-8. Cooperation between industry and corporation. – (a) To aid in the state

hard-to-dispose material and recycling campaign, the corporation shall cooperate with the various

industry organizations which are active in hard-to-dispose material and recycling efforts.

     (b) With respect to specific products or product categories previously identified and

defined in statute as part of a producer responsibility or product stewardship program the

corporation shall work in conjunction with the industry product manufacturers responsible for the

program or plan implementation and management as set forth in the respective chapters, and in

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coordination with this chapter when applicable. The corporation shall also take into consideration

any future product recycling, re-use, product stewardship or extended producer responsibility

programs established in law and at the discretion of the corporation and after consultation with

the department choose to coordinate such programs with this chapter.

     23-24.13-9. Cooperation between the department of environmental management and

corporation. -- To aid in the state hard-to-dispose material and recycling campaign, the

corporation shall cooperate with the department of environmental management and the

corporation shall cooperate for the benefit of the campaign.

     23-24.13-10. Generator status. -- For the purposes of this chapter, the corporation shall

not be deemed to have generator status for any household hazardous waste or hard-to-dispose

household material collected or otherwise managed in relation to duties executed as part of event-

based programs operated and financed by the corporation. Household hazardous waste abandoned

by residents at the corporation's facilities shall be considered material to be managed by the

event-based program operated by the corporation.

     23-24.13-11. Severability. -- If any provision of this chapter or its application to any

person or circumstance is held invalid, the remainder of the chapter or the application of the

provisions to other persons or circumstances is not affected.

     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

***

     This act would establish the Household Hazardous Waste Management Act to create a

comprehensive system for the disposal of hard-to-dispose hazardous household materials.

     This act would take effect upon passage.

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