Chapter
163
2008 -- H 8381 SUBSTITUTE A
Enacted 07/02/08
A N A C T
RELATING TO HEALTH
AND SAFETY
Introduced By: Representative Jan Malik
Date Introduced: June 12,
2008
It is
enacted by the General Assembly as follows:
SECTION
1. Section 23-19-3 of the General Laws in Chapter 23-19 entitled "Rhode
Island
Resource Recovery Corporation" is hereby amended to read as follows:
23-19-3.
Declaration of policy. -- The following are declared to be policies of
the state:
(1) That the ultimate solid waste management objective of the state is to
maximize
recycling
and reuse of solid waste;
(2) That solid waste management facilities and projects are to be implemented
either by
the state
or under state auspices, in furtherance of these goals;
(3) That appropriate governmental structure, processes, and support must be
provided so
that an
effective and integrated statewide network of solid waste management facilities
may be
planned,
financed, developed and operated for the benefit of the people and
municipalities of the
state;
(4) That solid waste management activities be conducted in an environmentally
sound
manner;
(5) That private industry be encouraged to continue playing a key role in the
state's solid
waste
management programs;
(6) That solid waste management facilities and services be provided for
municipalities,
institutions,
and persons in the state at reasonable costs, by state solid waste management
systems
and
facilities, where the services and facilities are considered necessary and
desirable; the
facilities
and services shall be used by all persons and municipalities within the state
under terms
and
conditions that the Rhode Island resource recovery corporation shall reasonably
fix and
establish;
provided, however, that municipalities operating their own landfills on
December 1,
1986
shall be free to continue to use the landfills until the closure of the
landfills; and provided,
further,
that this subdivision shall not be construed to affect or impair any valid
contract for
disposal
of municipal waste which was in effect on March 1, 1985 until the expiration of
the
original
term of the contract, or the expiration of any extension approved by the
corporation, or
sooner
termination of the contract; after the closure of the landfill or expiration or
earlier
termination
of the contracts, the municipalities shall be required to use the facilities
and services
as the
corporation shall direct;
(7) That provision shall be made for planning, research, and development, and
appropriate
innovation in the design, management, and operation of the state's system for
solid
waste
management, in order to permit continuing improvement and provide adequate
incentives
and
processes for lowering operating and other costs;
(8) That the Rhode Island resource recovery corporation established pursuant to
this
chapter
shall plan and implement solid waste management facilities where necessary and
desirable
throughout the state, in accordance with the general laws and with applicable
state
regulations,
including, without limitation, regulations of the department of health and the
department
of environmental management;
(9) The creation, licensing, and operation of landfill solid waste disposal
facilities should
be
limited to what is reasonably required to service the needs of the inhabitants
and businesses of
this
state, having regard for alternative technologies for waste disposal;
(10) That the Rhode Island resource recovery corporation will provide, either
by contract
with a
private concern or directly by the corporation, a recycling facility as defined
by the
department
of environmental management at, or within a convenient distance of, all solid
waste
disposal
facilities under its jurisdiction. These recycling facilities will provide
cities and towns
with a
place to deposit their recyclable materials at no tipping cost to the
municipalities; provided,
however,
that tipping fees may be charged in accordance with this chapter when the solid
waste
processing
facility is designed to process nonsource separated or partially source
separated solid
waste
for recycling at least seventy percent (70%) of the municipal solid waste stream.
(11) An integrated approach shall be adopted with respect to solid waste
management
planning
and implementation activities that shall be based on the following priorities
to the extent
economically
feasible:
(i) Reduction of the amount of source waste generated;
(ii) Source separation and recycling;
(iii) Waste processing such as recycling based technology to reduce the volume
of waste
necessary
for land disposal;
(iv) Land disposal;
(12) That the central landfill should be reserved for the disposal of solid
waste generated
within
the state; and
(13) That the resource recovery corporation will operate the central landfill
in a manner
designed
to afford to the environment and to the citizens of the state who reside near
the landfill
the
maximum protection which is available for the land disposal of rubbish and
minimize or
eliminate
land disposal of solid waste.
(14) That due to the myriad of over four hundred (400) toxic pollutants
including lead,
mercury,
dioxins, and acid gasses known to be emitted by solid waste incinerators, the
known and
unknown
threats posed by solid waste incinerators to the health and safety of Rhode
Islanders,
particularly
children, along with the known and unknown threats to the environment are
unacceptable.
(15) That despite the use of state of the art landfill liner systems and
leachate collection
systems,
landfills, and particularly incinerator ash landfills, release toxic leachate
into ground and
surface
waters which poses an unacceptable threat to public health, the environment,
and the
state's
limited ground and surface water resources.
(16) That incineration of solid waste is the most costly method of waste
disposal with
known
and unknown escalating costs that would place substantial and unreasonable
burdens on
both
state and municipal budgets to the point of seriously jeopardizing the public's
interest.
(17)
That the highest and best use of leaf and yard debris is for use in the
composting
process
and the resulting compost material is a valuable soil amendment for
agricultural and
landscaping
operations. The corporation shall accept segregated leaf and yard debris
collected
from
municipalities as part of a municipal leaf and yard waste diversion program.
Municipalities
shall
have a .025 ton per person cap on the amount of leaf and yard debris they
deliver to the
corporation's
facility annually. This material shall be accepted at no charge to
municipalities,
provided
that the corporation may charge twenty-five ($25.00) per ton for every ton that
exceeds the
per
person cap established for the municipality. This material shall be composted
at the
corporation's
facility. The resulting compost shall be used by the corporation for
operational and
construction
needs, and may be periodically available to municipalities and state agencies
at no
charge.
The corporation shall quantify the amount of leaf and yard debris it requires
on an annual
basis
to create compost for landfill and construction operation purposes. The
corporation shall
report
this amount to the general assembly no later than September 1, 2008.
SECTION
2. This act shall take effect upon passage.
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LC03092/SUB A
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