Chapter 218

2016 -- S 2093 SUBSTITUTE A Enacted 07/01/2016

A N   A C T

RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL

Introduced By: Senator Roger Picard

Date Introduced: January 21, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-18.9-8.1 of the General Laws in Chapter 23-18.9 entitled

"Refuse Disposal" is hereby amended to read as follows:

23-18.9-8.1. Criteria for public and private licenses. -- (a) The director shall grant

licenses only to those public facilities which that the director determines meet all relevant criteria

by regulation to protect human health and the environment and which that are reasonably

required to dispose of wastes generated within this state. All public projects shall meet the criteria

for need established in § 23-19-4(b) and the director shall require no further demonstration of

need.

(b) The director shall grant licenses only to those private facilities which that he or she

determines meet all relevant criteria established by regulation to protect human health and the

environment.

(c)(1) The director shall have the authority to grant emergency temporary refuse-transfer

licenses to a municipality, as long as the municipality can provide sufficient assurances as to the

municipality's ability to protect human health and the environment. Notice to the director of the

municipality’s intent to establish a temporary transfer station shall be deemed sufficient to begin

emergency operations; provided that the municipal letter of notice is accompanied by proof of

health, human, and environmental safety assurances.

(2) The temporary license shall have a set expiration date that may be extended upon

request by the entity, and is subject to a site inspection by a representative of the department.

(3) The entity to which the temporary license is issued shall provide means to recycle any

waste collected that is considered recyclable as defined by the department.

(4) The department shall not charge a fee for the temporary refuse-transfer license, nor

shall the department assess any fines to the municipal host of the collection station for the

emergency establishment of the transfer station. Should the municipality determine a need for a

permanent transfer station, the municipality shall abide by all department rules and regulations

governing the establishment and operation of a transfer station, in accordance with the provisions

of chapter 18.9 of title 23 and chapter 19 of title 23.

SECTION 2. This act shall take effect upon passage.

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LC004051/SUB A/3

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