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 Rhode Island resource recovery corporationís

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 Johnston. Such funds shall be held in a

restricted account entitled "High Hazard Dam and Storm Water Mitigation fund" and be used

exclusively for the repair and reconstruction of the Oak Swamp Reservoir dam, including gate

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

Johnston.

     (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 corporationís distribution of in-state recyclable profits

to municipalities. The town of Johnston shall continue to receive its pro rata share of state

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 Rhode Island resource recovery corporation shall promulgate any rules and

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 United States mail, that the waste was

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.

     

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LC02751/SUB A

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