2023 -- H 5088

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LC000135

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY-- REFUSE DISPOSAL

     Introduced By: Representatives McNamara, Donovan, Cortvriend, Bennett, Fogarty,
Potter, and Handy

     Date Introduced: January 12, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-18.9-7 of the General Laws in Chapter 23-18.9 entitled "Refuse

Disposal" is hereby amended to read as follows:

     23-18.9-7. Definitions.

     As used in this chapter, the following terms shall, where the context permits, be construed

as follows:

     (1) “Beneficial reuse material” means a processed, nonhazardous, solid waste not already

defined as recyclable material by this chapter and by regulations of the Rhode Island department

of environmental management that the director has determined can be reused in an environmentally

beneficial manner without creating potential threats to public health, safety, welfare, or the

environment or creating potential nuisance conditions.

     (2) “Beneficial use determination” (BUD) means the case-by-case process by which the

director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a specific

purpose at a specific location within the host municipality.

     (3) “Cocktailing” means the adding, combining, or mixing of hazardous waste as defined

in § 23-19.1-4 with construction debris and demolition debris.

     (4) “Construction and demolition (C&D) debris” means non-hazardous solid waste

resulting from the construction, remodeling, repair, and demolition of utilities and structures and

uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited to,

wood (including painted, treated, and coated wood, and wood products); land-clearing debris; wall

coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other

roof coverings; glass; plastics that are not sealed in a manner that conceals other wastes, empty

buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on

the bottom; electrical wiring and components containing no hazardous liquids; and pipe and metals

that are incidental to any of the previously described waste. Solid waste that is not C&D debris

(even if resulting from the construction, remodeling, repair, and demolition of utilities, structures

and roads; land clearing) includes, but is not limited to, asbestos; waste; garbage; corrugated

container board; electrical fixtures containing hazardous liquids, such as fluorescent light ballasts

or transformers; fluorescent lights; carpeting; furniture; appliances; tires; drums; containers greater

than ten gallons (10 gals.) in size; any containers having more than one inch of residue remaining

on the bottom; and fuel tanks. Specifically excluded from the definition of construction and

demolition debris is solid waste (including what otherwise would be construction and demolition

debris) resulting from any processing technique, other than that employed at a department-approved

C&D debris processing facility, that renders individual waste components unrecognizable, such as

pulverizing or shredding.

     (5) “Construction and demolition debris processing facility” means a solid waste

management facility that receives and processes construction and demolition debris. These

facilities must demonstrate, through records maintained at the facility and provided to the

department, that seventy-five percent (75%) of all material received by the facility is processed and

removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case

stores material on site for over three (3) months; provided, however, these facilities do not include

municipal compost facilities.

     (6) “Construction and demolition debris separation facility” means a facility that receives,

separates, and/or screens construction and demolition debris into its components for subsequent

resale or processing that includes, but is not limited to, grinding, shredding, crushing, or landfilling

at another location separate and apart from the location on which the separation occurs.

     (7) “Director” means the director of the department of environmental management or any

subordinate or subordinates to whom the director has delegated the powers and duties vested in

him or her by this chapter.

     (8) “Expansion” means any increase in volume, size, or scope, either vertically,

horizontally, or otherwise; provided, however, that this section does not apply to the vertical

expansion of the Charlestown municipal landfill until the closure date of July 1, 2000.

     (9) “Person” includes an individual, firm, partnership, association, and private or municipal

corporation.

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     (10) “Recyclable materials” means those materials separated from solid waste for reuse.

The director of the department of environmental management, through regulations, shall specify

those materials that are to be included within the definition of recyclables. The materials to be

included may change from time to time depending upon new technologies, economic conditions,

waste stream characteristics, environmental effects, or other factors.

     (11) “Segregated solid waste” means material separated from other solid waste for reuse.

     (12) “Solid waste” means garbage, refuse, tree waste as defined by subsection (14) of this

section, and other discarded solid materials generated by residential, institutional, commercial,

industrial, and agricultural sources, including PVC pipe (polyvinyl chloride resin) that is

abandoned, discarded, left lying on the ground or not stored in a covered facility, but does not

include solids or dissolved material in domestic sewage or sewage sludge or dredge material as

defined in chapter 6.1 of title 46, nor does it include hazardous waste as defined in chapter 19.1 of

this title, nor does it include used asphalt, concrete, or Portland concrete cement.

     (13) “Solid waste management facility” means any plant, structure, equipment, real and

personal property, except mobile equipment or incinerators with a capacity of less than one

thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or disposing

of solid waste but not segregated solid waste. Any solid waste management facility that stores waste

materials containing gypsum on site over three (3) months must install and maintain an active gas

collection system approved by the department of environment management.

     (14)(i) “Tree waste” means all parts of a tree, including stumps, branches, and logs that

shall be considered solid waste for purposes of this chapter unless the tree waste meets the following

criteria:

     (A) The tree waste remains on the property where it was generated; or

     (B) The tree waste remains in the possession of the person who generated it and is stored

above the ground surface, on property that the same person controls, for purposes of recycling and

reuse; or

     (C) The tree waste, whether generated on or off-site, is being actively managed as a usable

wood product such as landscape mulch, wood chips, firewood, or mulch.

     (ii) The application of the criteria set forth in this section shall not be deemed to abrogate,

diminish, or impair the enforcement of the requirements established pursuant to chapter 28.1 of this

title or the authority of the state and/or a city or town to protect the public health, safety, or welfare

from a public nuisance resulting from the storage and handling of tree waste.

     (15) “Organic waste material” means the organic material portion of the solid waste stream,

including, but not limited to, food scraps, food processing residue, and soiled or unrecyclable paper

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that has been separated from nonorganic material.

     (16) “Composting facility” means land, appurtenances, structures, or equipment where

organic materials originating from another process or location that have been separated at the point

or source of generation from nonorganic material are recovered using a process of accelerated

biological decomposition of organic material under controlled aerobic conditions.

     (17) “Anaerobic digestion facility” means a facility employing a closed vessel to perform

a closed process of accelerated biodegradation of organic materials and/or organic solid wastes into

biogas and digestate, using microorganisms under controlled conditions in the absence of oxygen.

     (18) “Other authorized recycling method” means:

     (i) Recycling organic waste material on site or treating organic waste material via on-site

organic treatment equipment permitted pursuant to the general laws or federal law; or

     (ii) Diverting organic waste material for agricultural use, including consumption by

animals.

     (19) “Covered entity” means each commercial food wholesaler or distributor, industrial

food manufacturer or processor, supermarket, resort or conference center, banquet hall, restaurant,

religious institution, military installation, prison, corporation, hospital or other medical care

institution, and casino.

     (20) “Covered educational institution” means a higher educational or research institution.

     (21) “Covered educational facility” means a building or group of two (2) or more

interconnected buildings owned or used by a covered educational institution at which organic waste

materials are generated.

     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

***

     This act would include PVC pipe (polyvinyl chloride resin) that is abandoned, discarded,

left lying on the ground or not stored in a covered facility in the definition of solid waste.

     This act would take effect upon passage.

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