Chapter 180

Chapter 180

2003 -- H 6042 SUBSTITUTE A

Enacted 07/10/03

A N A C T

RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL

     

     

     Introduced By: Representatives McHugh, Shanley, and D Caprio

     Date Introduced: February 12, 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.

     

=======

LC02359/SUB A

=======