2018 -- S 2026

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LC003308

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL

     

     Introduced By: Senators Goodwin, and Nesselbush

     Date Introduced: January 11, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-18.9-8 and 23-18.9-9 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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     23-18.9-8. Licenses.

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     (a) (1) No person shall operate any solid waste management facility or construction and

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demolition (C&D) debris processing facility or expand an existing facility unless a license is

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obtained from the director except as authorized by § 23-18.9-8. The director shall have full power

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to make all rules and regulations establishing standards to be met for the issuance of the licenses

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with those standards affording great weight to the detrimental impact that the placement of such a

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facility shall have on its surrounding communities.

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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) No construction and demolition debris processing facility shall be issued a license or

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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 that has been approved by the local fire chief, or his

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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 municipality with a non-

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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

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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, the license shall be revoked by the director.

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     (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 ensure continued compliance

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with the approved fire protection plan. If any facility at the time of inspection is found not to be in

 

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compliance with the approved plan, that facility shall immediately cease operation until the time

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that it corrects any deficiency and the local fire chief or his or her designee finds the facility is in

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compliance with the approved fire protection plan.

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     (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-year (3) time period, shall have its

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license to operate under this section revoked.

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     (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-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.

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

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July 1, 2006, that accepts greater than three (3) cubic yards of tree waste as defined by § 23-18.9-

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7(14) shall be considered an existing tree waste management facility. Existing tree waste

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management facilities shall notify the department and the local fire chief of the existence and

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scope of their tree waste management activities in writing no later than August 30, 2006, and

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shall incorporate tree waste management activities in a revised operating plan as part of the next

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renewal of their license or registration.

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

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that is within a one thousand feet (1000') radius of a residential zone district shall conduct all

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operations covered under the license inside the confines of an enclosed, permanent building.

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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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     23-18.9-9. Application, approval and fees for licenses.

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     (a) (1) Any person who desires to construct and/or operate a solid waste management

 

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facility or expand an existing facility shall apply to the director for all licenses and/or permits to

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do so; provided, however, that the application shall state all licenses and/or permits for which

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application is made. Any person who desires to construct and/or operate a private solid waste

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disposal facility shall submit to the director simultaneously with the application a certificate of

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final determination from the municipality in which it is proposed to site the facility that the site

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conforms with all applicable local land use and control ordinances or on appeal a final judgment

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of a court that the proposed site for the facility conforms with all applicable land use and control

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ordinances of the municipality. The applicant shall also submit simultaneously with the

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application a certificate of approval of the proposed site issued by the state planning council,

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except for statutorily mandated facilities. The council shall only approve a site after great weight

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has been afforded to the detrimental impact that the placement of such a facility shall have on its

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surrounding communities and only after evaluation of alternative sites and assessment of

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comparative environmental impact at the sites in accordance with law and state planning council

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rules, and in the absence of these, the council shall promulgate rules for the evaluation and/or

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assessment, and distribution of location of sites for waste facilities among the regions of this

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state. The council shall not issue its certificate prior to the publication of public notice and the

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expiration of the public comment period regarding the proposed site. The director shall review

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and decide all applications.

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     (2) (i) Notwithstanding the provisions of § 42-35-14 to the contrary, the director shall

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immediately review the application and shall give public notice of the intention to issue a draft

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license or the intention to deny the application.

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     (ii) The draft license and/or tentative denial, including all supporting documentation,

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shall be made available for public comment.

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     (3) Within fifteen (15) days of the date of the public notice to issue the draft license, the

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director shall hold an informational workshop. The purpose of the informational workshop shall

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be to discuss the type of facility or activity which is the subject of the draft license; the type and

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quantity of wastes, which are proposed to be managed, processed and/or disposed; a brief

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summary for the basis for the draft license; conditions, including references to applicable

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statutory or regulatory provisions; reasons why any requested variances or alternatives to required

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standards do or do not appear justified; a description of the procedures for reaching a final

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decision on the draft license, which shall include the beginning and ending dates for the comment

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period hereafter, the address where comments will be received, procedures for requesting a

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hearing and the nature of that hearing, any other procedures by which the public may participate

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in the final decision; and the name and telephone number of a person to contact for further

 

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information.

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     (4) No earlier than sixty (60) days nor later than seventy-five (75) days following the

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initial public notice of the issuance of the draft license or tentative denial, a hearing shall be held

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for public comment. Comments from the applicant and/or any interested persons shall be

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recorded at the public hearing. Written comments, which shall be considered part of the record,

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may be submitted for thirty (30) days following the close of the public comment hearing.

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     (5) Within ninety (90) days of the close of the public comment period, the director shall

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issue the license or the final denial. The license or the final denial shall be in writing and shall

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include a response to each substantive public comment. In the event that the director shall fail to

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issue the license or final denial within the ninety (90) day period, then the applicant may petition

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the superior court to issue its writ of mandamus ordering the director or some suitable person to

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immediately issue the license or denial. Any person refusing to obey the writ of mandamus shall

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be subject to penalties for contempt of court. The writ of mandamus shall be the exclusive

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remedy for failure of the director to comply under this section.

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     (6) The applicant and/or any person who provided substantive comment at any time

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during the public comment period may appeal the decision of the director; provided, however,

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any person who shall demonstrate good cause for failure to so participate and demonstrate that his

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or her interests shall be substantially impacted if prohibited from appearance in the appeal, may in

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the discretion of the hearing officer be permitted to participate in the appeal process.

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     (7) The appeal shall be limited to those issues raised by the parties; provided, however,

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that upon good cause shown, the director shall allow additional issues to be raised.

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     (8) All appeals shall be pursuant to the rules and regulations established by the director

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and the rules and regulations established by the administrative adjudication division of the

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department of environmental management; provided, however, that all appeals shall contain

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precise statements of the issues presented on appeal and the specific part or parts of the decision

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of the director that are challenged.

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     (9) All appeals shall be heard before administrative adjudication hearing officers. All

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hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject

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to cross-examination.

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     (10) The hearing officer shall determine and apportion to the applicant the actual costs of

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the appeal process, exclusive of attorneys' fees. These costs shall not be considered administrative

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penalties.

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     (b) The director shall publish a schedule of fees to be paid to file an application for a

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license. These fees shall be reasonable and shall account for the size and complexity of the

 

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proposed project and any other criteria as the director may determine; provided, however, that no

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application fee shall exceed one hundred thousand dollars ($100,000).

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     (c) Licenses shall expire three (3) years from the date of issuance unless sooner

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suspended or revoked. The provisions in this section for issuance of a license shall not apply to

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the renewal of a license and any facility shall be relicensed if it meets the criteria in effect when

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the facility was licensed; provided, however, that any renewal application which substantially

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deviates from the use or purpose of the license shall be subject to the provisions of this chapter

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and further provided that any facility shall be relicensed if it meets the criteria in effect when the

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facility was licensed. The director is authorized to promulgate by regulation procedures for

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license renewals. The director shall publish a schedule of fees to be paid to renew a license. These

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fees shall be reasonable and shall account for the size and complexity of the project, and costs

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incurred to monitor the project, and any other criteria that the director may determine; provided,

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however, that no renewal license fees shall exceed one hundred thousand dollars ($100,000). All

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licensed solid waste disposal facilities shall be deemed to comply with all local ordinances.

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     (d) All application fees and license fees shall be directed to the department of

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environmental management and shall be held in a separate account and appropriated for review of

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applications, renewals of, and compliance with, licenses.

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     (e) Notwithstanding the provisions of this section or any other provision of law to the

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contrary, cities and towns which own and operate landfills shall be exempt from any application

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fees relative to applications it files to expand its existing landfill.

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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 include a facility's potential detrimental impact on the community as a

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factor to be considered when approving the construction or operation of a solid waste

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management facility.

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     This act would take effect upon passage.

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