ARTICLE 10 SUBSTITUTE
A
RELATING TO
RHODE ISLAND RESOURCE RECOVERY CORPORATION
SECTION 1. Section 23-18.8-2 of the General Laws in Chapter
23-18.8 entitled “Waste
Recycling” is hereby
amended to read as follows:
23-18.8-2. Legislative
findings. -- The general assembly recognizes and
declares that:
(1)
Any environmentally and economically sound solid waste management system must
incorporate recycling;
(2) A
sound recycling program will be best achieved by cooperation of the Rhode
Island resource recovery corporation,
the department of administration, the department of
environmental management and the cities and towns of the state;
(3)
All solid waste capable of being recycled should be recycled, as a target, no
less
than thirty-five percent (35%) of the solid waste
generated in the state should be disposed of
through recycling; every effort should be made to exceed this
target;
(4) A
recycling facility should be operational at the central landfill;
(5)
Upon full implementation of the recycling program, all solid waste management,
both from cities and towns, and from commercial
establishments, will be separated into
recyclable and nonrecyclable
components;
(6)
Recycling operations should begin at resource recovery plants upon initiation
of
plant operations;
(7) In
order to develop a workable implementation schedule the department of
environmental management should develop schedules for the entry of
cities and towns into the
source separation system;
(8)
Private contractor arrangements for recovery of recyclables at the point of
origin or
at the municipal level should be encouraged and not
interfered with;
(9) Recyclable
materials recovered at recycling facilities are to be made available to
private industry in the first instance, and where cost
effective, operation of recycling facilities
should be by the private sector;
(10)
The corporation should provide, for a period of three (3) years, the reasonable
additional allowable costs for implementing this program for the
cities and towns;
(11)
The definition of recyclable materials should be the responsibility of the
department of environmental management; provided, that the
definition shall include, but not be
limited to, plastic materials that contain the plastic resins
used to produce labeled (1) through (7)
with the numbers clearly marked on the product and
contained in a triangle formed by chasing
arrows. The products shall be generated as part of daily,
municipal, non-municipal residential, or
commercial activities,. and
the The corporation shall accept these
materials plastic materials
labeled (3) through (7) for recycling no later than January 1, 2011 June 30, 2013.
Plastic resin
by-products, or products produced for industrial use, shall not
be required to be accepted at the
recycling facility, unless deemed appropriate for processing by
the corporation. The definition
should be changed from time to time depending upon new
technologies, economic conditions,
waste stream characteristics, environmental effects, or
other factors;
(12)
Telephone directories, five hundred thousand (500,000) of which, at an average
weight of five and one-quarter (5.25) pounds, are
distributed yearly in the state, contribute
significantly to the solid waste stream, which would be greatly
reduced if directories were printed
on recyclable paper and bound with a binder which will
not interfere with recyclability.
(13)
Any person who generates commercial solid waste and employs fifty (50) or more
employees, shall contract for recycling services as part of any
agreement between a private waste
hauler and the commercial establishment for the disposal of
solid waste. A commercial
establishment of any size may work with the city or town where it
is located to consider options
that would allow the city or town to collect the
commercial recyclables generated by the
commercial establishment.
SECTION 2. Section 23-19-31 of the General Laws in Chapter
23-19 entitled “Health
and Safety” is hereby amended to read as follows:
23-19-31. Recycling facility at central landfill. -- The
corporation shall construct a recycling facility at the state's
central landfill. This facility will
receive separated recyclable waste as defined by the
department of environmental management;
provided, that the definition shall include, but not be
limited to, plastic materials that contain the
plastic resins used to produce products labeled (1) through
(7) with the numbers clearly marked
on the product and contained in a triangle formed by
chasing arrows. The products shall be
generated as part of daily, municipal, non-municipal
residential, or commercial activities,. and
the
The
corporation shall accept these materials plastic materials labeled
(3) through (7) for recycling
no later than January 1, 2011 June 30, 2013.
Plastic resin by-products, or products produced for
industrial use, shall not be required to be accepted at the
recycling facility, unless deemed
appropriate for processing by the corporation. The corporation
shall use its reasonable efforts to
market the recyclable materials to local commercial users of
the material, including
owners/tenants located in any industrial/business park developed
pursuant to § 23-19-35.1(c),
consistent with receiving optimum prices. The corporation shall
also use its reasonable efforts to
market finished goods made from recyclable materials to
local commercial users of those goods,
and shall offer these goods for sale through a quarterly
competitive bid process consistent with
industry practices. No bid contract shall exceed one calendar
year. The corporation shall provide
a thirty (30) calendar day prior public notice for any
bid contract which would exceed one month.
Neither the corporation nor any private concern
operating the recycling facility pursuant to §§ 23-
19-3(10) and 23-19-9(a)(6)
shall purchase recyclable materials from the facility or for processing
at that facility. The corporation will provide this
service at no tipping cost to the cities and towns
for materials delivered to the recycling facility.
SECTION 3. Section 39-3-11.2 of the General Laws in Chapter
39-3 entitled "Regulatory
Powers of
Administration" is hereby repealed.
39-3-11.2.
Interim rates. -- Notwithstanding
the provisions of titles 23 and 39, the
municipal tipping fee charged by the resource recovery corporation
shall be as follows:
(1) Thirty-two
dollars ($32.00) per ton from July 1, 2009 to June 30, 2010, for any
municipality that recycles between zero percent (0%) and
twenty-three and ninety-nine
hundredths percent (23.99%) of its solid waste at the
corporation's material recycling facility
("MRF") in
(2) Thirty-one
dollars ($31.00) per ton from July 1, 2009 to June 30, 2010, for any
municipality that recycles between twenty-four percent (24%) and
twenty-nine and ninety-nine
hundredths percent (29.99%) of its solid waste at the
Corporation's ("MRF") in
(3) Thirty dollars
($30.00) per ton from July 1, 2009 to June 30, 2010, for any
municipality that recycles between thirty percent (30%) and
thirty-four and ninety-nine
hundredths percent (34.99%) of its solid waste at the
Corporation's ("MRF") in
(4) Twenty-nine
dollars ($29.00) per ton from July 1, 2009 to June 30, 2010, for any
municipality that recycles thirty-five percent (35%) or more of its
solid waste at the Corporation's
("MRF") in
(5) The corporation
shall issue a rebate not later than September 1, 2010 to those
municipalities qualifying for a year end tipping fee adjustment
according to the municipality's
actual recorded tonnage delivered to the MRF in
of the municipality's current-year signed solid waste
and recycling services agreement with the
corporation.
SECTION 4. Chapter 23-19 of the General Laws entitled
"Rhode Island Resource
Recovery Corporation"
is hereby amended by adding thereto the following section:
23-19-13.5.
Interim rates. – The municipal tipping fee
charged by the resource recovery
corporation shall be as follows:
(1) Thirty-two
dollars ($32.00) per ton from July 1, 2010 to June 30, 2011, for any
municipality that recycles between zero percent (0%) and
twenty-three and ninety-nine
hundredths percent (23.99%) of its solid waste at the
Corporation's material recycling facility
("MRF") in
(2) Thirty-one
dollars ($31.00) per ton from July 1, 2010 to June 30, 2011, for any
municipality that recycles between twenty-four percent (24%) and
twenty-nine and ninety-nine
hundredths percent (29.99%) of its solid waste at the
Corporation's ("MRF") in
(3) Thirty dollars
($30.00) per ton from July 1, 2010 to June 30, 2011, for any
municipality that recycles between thirty percent (30%) and
thirty-four and ninety-nine
hundredths percent (34.99%) of its solid waste at the
Corporation's ("MRF") in
(4) Twenty-nine
dollars ($29.00) per ton from July 1, 2010 to June 30, 2011, for any
municipality that recycles thirty-five percent (35%) or more of
its solid waste at the Corporation’s
(“MRF”) in
(5) The Corporation
shall issue a rebate not later than September 1, 2011 to those
municipalities qualifying for a year-end tipping fee adjustment
according to the municipality’s
actual recorded tonnage delivered to the MRF in
of the municipality’s current-year signed solid waste
and recycling services agreement with the
corporation.
SECTION 5. Sections 1 and 2 shall take effect upon passage.
Sections 3 and 4 shall take
effect on July 1, 2010.