Chapter
258
2005 -- S 0866 SUBSTITUTE A
Enacted 07/13/05
A N A C T
RELATING TO HEALTH
AND SAFETY -- REFUSE DISPOSAL
Introduced By: Senator Hanna M. Gallo
Date Introduced: March 02,
2005
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 23-18.9-5 and 23-18.9-7 of the General Laws in Chapter 23-18.9
entitled
"Refuse Disposal" are hereby amended to read as follows:
23-18.9-5.
Disposal of refuse at other than a licensed facility. -- (a) No person
shall
dispose
of solid waste at other than a solid waste management facility licensed by the
director
,except
as otherwise provided in this chapter.
(b) The phrase "dispose of solid waste", as prohibited in this
section, refers to the
depositing,
casting, throwing, leaving or abandoning of a quantity greater than three (3)
cubic
yards of
solid waste. Used asphalt, concrete, Portland concrete cement, and tree stumps,
and solid
waste
temporarily in a vehicle or proper receptacle at a licensed place of business
of a licensed
solid
waste hauler for a period not to exceed seventy-two (72) hours shall not be
considered solid
waste
for purposes of this chapter.
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 city of Cranston.
(1)(3) "Cocktailing" means the adding, combining or
mixing of hazardous waste as
defined
in section 23-19.1-4 with construction debris and demolition debris.
(2)(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 and 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 (10) gallons 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.
(3)(5) "Construction and demolition debris processing
facility" means a solid waste
management
facility that receives and processes construction and demolition debris of more
than
fifty
(50) tons per day. 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.
(4)(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 which 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.
(5)(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.
(6)(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.
(7)(9) "Person" includes an individual, firm,
partnership, association, and private or
municipal
corporation.
(8)(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.
(9)(11) "Segregated solid waste" means material
separated from other solid waste for
reuse.
(10)(12) "Solid waste" means garbage, refuse, and other
discarded solid materials
generated
by residential, institutional, commercial, industrial, and agricultural
sources, 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, Portland concrete cement, or
tree stumps.
(11)(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.
SECTION
2. Chapter 23-18.9 of the General Laws entitled "Refuse Disposal" is
hereby
amended
by adding thereto the following section:
23-18.9-16.
Beneficial reuse of solid waste. -- (a) The director may approve
proposals
for
the environmentally beneficial reuse of solid waste in the city of Cranston in
order to save
natural
resources by providing alternative materials for projects that would otherwise
use new
materials
and preserve landfill space by removing materials from the waste stream that
would
otherwise
be landfilled. In determining whether a solid waste can be safely used as a
beneficial
reuse
material, the director may consider factors such as the physical and chemical
characteristics
of
the solid waste in question, the proposed use of the waste, and the location
where the waste is
proposed
to be used according to criteria established by rule or policy as the director
deems
appropriate.
All proposals to use a solid waste as a beneficial reuse material shall be made
in
writing
to the director in the form of an application for a beneficial use
determination or BUD. No
person
may process, store, transport, dispose or otherwise use any solid waste for
beneficial reuse
unless
they have first obtained the written approval of the director in the form of a
BUD, unless
specifically
provided for elsewhere in this chapter.
(b)
All persons applying for a BUD that proposes the reuse of more than three (3)
cubic
yards
of solid waste in one location shall forward a copy of their application to the
city of
Cranston
where the beneficial reuse material will be used.
(c)
The director may require any person involved in the storage, handling,
processing or
use
of solid waste for beneficial reuse to provide financial assurance that:
(1)
the project approved in the BUD will be completed; and/or
(2)
any unused solid waste/beneficial reuse material will be properly removed and
disposed
of either upon completion of the project or if project operations cease for any
reason.
SECTION 3. This act shall
take effect upon passage.
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LC02569/SUB A
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