Chapter 248
2011 -- H 6204 SUBSTITUTE A
Enacted 07/09/11
A N A C T
RELATING TO
HEALTH AND SAFETY -- RHODE ISLAND RESOURCE RECOVERY CORPORATION
Introduced By: Representatives Ucci, Fellela, Petrarca, and Carnevale
Date Introduced: May 31, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 23-19-13.1 of the General Laws in Chapter
23-19 entitled "Rhode
Island Resource Recovery
Corporation" is hereby amended to read as follows:
23-19-13.1.
Disposal of solid waste originating outside the state prohibited -- Rules
and regulations. -- (a) No person, firm, corporation, transfer station, or any other
commercial
entity engaged in the business of collecting, disposing,
sorting, separating, recycling, processing,
manufacturing, or remanufacturing of solid waste shall deposit or
cause to be deposited solid
waste that is generated or collected outside the
territorial limits of this state at the central landfill,
except as provided in this section. Each deposit in violation of the provisions of this subsection
section shall be punishable by imprisonment for up to three
(3) years and/or a fine not to exceed
fifty thousand dollars ($50,000).
(b)(1) Recyclable
materials originating out-of-state that can be segregated into saleable
commodities shall be allowed to be brought to the
recycling facilities for the purpose of further separation
and/or sale, the profit of which shall be
distributed as follows:
(i) Twenty-five percent (25%) to the town of
restricted account entitled "High Hazard Dam and Storm
Water Mitigation fund" and be used
exclusively for the repair and reconstruction of the
house and the Lower Simmons Reservoir Dam. Any remaining or
future funds will be used for
maintenance of the aforementioned dams and other storm water
mitigation projects in the town of
(ii)
Twenty-five percent (25%) to the corporation.
(iii) Fifty percent
(50%) to the remaining thirty-eight (38) municipalities to be distributed
on a pro rata basis in accordance with the corporation’s
distribution of in-state recyclable profits
to municipalities. The town of
recyclable profits.
(2) Nothing contained
in this subsection shall allow the corporation to accept out-of-state
construction and demolition debris materials.
(b)(c) The
regulations that may be necessary to ensure that solid waste that
is generated or collected outside
the territorial limits of this state is not deposited at
the central landfill.
The rules and regulations
shall provide that any commercial entity engaged in the
business of collecting, disposing, sorting, separating,
recycling, processing, manufacturing or
remanufacturing solid waste, which deposits or causes to be deposited
solid waste at the central
landfill shall provide a certification to the corporation, via
not generated or collected outside the territorial limits
of this state. The certification shall be
required to be made not less than every thirty (30) days,
setting forth the date and time of each
deposit within the thirty (30) day period and shall be under
oath, stating that the oath is made
under the pains and penalties of perjury.
(c)(d)
Any fine collected pursuant to the provisions of this section shall be remitted
to
the environmental response fund established pursuant to
section 23-19.1-23. The town of
Johnston and the department of attorney general shall
be reimbursed from the environmental
response fund for reasonable costs associated with the
enforcement and prosecution of any
violation of section 23-19-13.1; provided, however, that the
amounts reimbursed shall not exceed
the amount of fine monies collected for that violation
pursuant to this section. The state controller
is authorized and directed to draw his or her orders
upon the general treasurer for the payment of
that sum, or as much of that sum as may be deemed
necessary, from time to time, upon receipt by
him or her of properly authenticated vouchers.
SECTION 2. This act shall take effect upon passage.
=======
LC02751/SUB A
=======