2003 -- S 0413 SUBSTITUTE A
RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL
Introduced By: Senator V. Susan Sosnowski
Date Introduced: February 13, 2003
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-18.9-8 of the General Laws in Chapter 23-18.9 entitled "Refuse
Disposal" is hereby amended to read as follows:
23-18.9-8. Licenses. -- (a) (1) No person shall operate any solid waste management
facility or construction and demolition (C&D) debris processing facility or expand an existing
facility unless a license is obtained from the director except as authorized by 23-18.9-8. The
director shall have full power to make all rules and regulations establishing standards to be met
for the issuance of the licenses.
(2) The director shall promulgate rules and regulations governing the uses and content of
materials accepted and generated by a construction and demolition debris processing facility. Any
costs associated with testing these materials by the facility or by the department to verify the
results of the facility's tests shall be borne by the facility. Each facility shall be required to
establish a fund with the department to cover the cost of these tests.
(b) Any person who desires to construct a solid waste management facility or install any
equipment in a solid waste management facility must first submit to the director for approval
plans and specifications and other related data required by the director.
(c) Processing facilities that accept less than one hundred and fifty (150) tons per day of
construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid
waste management facility license; however, they are not exempt from complying with all other
applicable requirements for the construction and operation of a construction and demolition
debris processing facility and are subject to the rules and regulations for these facilities
promulgated in accordance with this section.
(d) No construction and demolition debris processing facility shall be issued a license
unless it has submitted a fire protection plan which has been approved by the local fire chief, or
his or her designee in which the facility is located.
(e) The local fire chief or his or her designee is authorized to conduct random,
unannounced inspections of facilities licensed under this section to insure continued compliance
with the approved fire protection plan. If any facility at the time of inspection is found not to be in
compliance with the approved plan that facility shall immediately cease operation until the time
that they correct any deficiency and the local fire chief or his or her designee finds the facility is
in compliance with the approved fire protection plan.
(f) Any facility that is found to be in violation of the fire protection plan under this
section on three (3) separate inspections, within any three (3) year time period, shall have its
license to operate under this section revoked.
(g) A municipality that desires to evaluate available technologies, equipment, or
methodologies for managing solid waste, may request approval from the director to perform a
limited demonstration pilot project prior to submission of an application for a license.
Demonstration projects shall not exceed fifty (50) tons per day maximum capacity. The
municipality must first submit to the director, for approval, plans and specifications including fire
protection plans and other related data as required by the director. The municipality shall also
give public notice of the request and allow a thirty (30) day period for the director to receive
public comment on the proposed project. After the close of the public comment period, the
director is authorized to approve or deny the request. Approval for a demonstration pilot project
shall be granted for a period not exceeding six (6) months.
SECTION 2. This act shall take effect upon passage.