2013 -- S 0603

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LC01938

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

     Introduced By: Senators Sosnowski, Walaska, and Bates

     Date Introduced: March 06, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-19-11, 23-19-13.1 and 23-19-13.6 of the General Laws in

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Chapter 23-19 entitled "Rhode Island Resource Recovery Corporation" are hereby amended to

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read as follows:

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     23-19-11. Planning requirements. -- Planning responsibilities of the corporation shall

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include, but not be limited to:

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      (1) The preparation of a statewide resource recovery system development plan which

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will indicate the location, type, and size of solid waste management facilities, including without

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limitation, transfer stations, waste processing facilities, and ultimate disposal facilities which may

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be required to serve the future needs of the state and its municipalities through the development

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of an integrated statewide resource recovery system for the effective management of solid waste;

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      (2) The plan shall be in conformity with the applicable provisions of the state guide plan;

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      (3) The plan will be subject to amendment;

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      (4) In developing the plan, the corporation will assure that:

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      (i) The orderly extension of future solid waste facilities and management systems are

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provided for in a manner consistent with the needs and plans of the whole area, and in a manner

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consistent with the state departments of health and environmental management rules and

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regulations for locating and operating solid waste facilities;

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      (ii) All aspects of planning, zoning, population estimates, engineering, and economics

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are taken into consideration to delineate with all practical precision those portions of the area

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which may reasonably be expected to be served by a given time frame, as determined by the

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corporation;

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      (iii) Appropriate time schedules are set for the phasing in of the required component

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parts of the system.

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      (iv) Future solid waste disposal facilities shall be regional in size and emphasize the

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geographic and political nature of the surrounding area.

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      (5) In the interim prior to the completion of the statewide plan, the corporation is

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authorized to develop component facilities as may be required to carry out the purposes of this

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chapter; provided, however, upon completion of the plan, all projects of the corporation

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undertaken thereafter shall be in conformity with the plan; and

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      (6) The corporation shall cooperate with the department of environmental management

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and other state and local agencies in the development of a comprehensive statewide solid waste

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management plan, of which the corporation's statewide resource recovery system development

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plan shall be a component part. Nothing in this chapter shall be interpreted as limiting the

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authority of the department of environmental management to prepare a statewide, comprehensive,

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solid waste management plan, including, but not limited to, any plan required by any federal law,

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rules, or regulations to meet federal requirements that may be conditions precedent to receiving

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federal assistance.

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      (7) The plan shall not include incineration of solid waste.

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      (8)(7)The plan shall limit the use of landfills to providing temporary backup or bypass

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disposal capacity and residue disposals from waste processing facilities. The plan shall also seek

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to minimize landfilling of any type of waste and phase out the use of landfills for waste disposal.

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      (9)(8) The plan shall include composting of yard waste and other appropriate organic

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wastes.

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      (10)(9) The plan shall consider the financial feasibility of modifying, curtailing, or

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supplanting the provisions of chapter 19.1 of this title in light of the requirements for waste

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processing facilities.

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      (11)(10) The plan shall primarily rely on a system of waste processing facilities.

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      (12)(11) The plan shall provide that the corporation actively pursue research and develop

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new uses for materials recovered from solid waste to maximize revenue from recycled materials.

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     23-19-13.1. Disposal of solid waste originating outside the state prohibited -- Rules

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and regulations. -- (a) No person, firm, corporation, transfer station, or any other commercial

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entity engaged in the business of collecting, disposing, sorting, separating, recycling, processing,

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manufacturing, or remanufacturing of solid waste shall deposit or cause to be deposited solid

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waste that is generated or collected outside the territorial limits of this state at the central landfill,

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except as provided in this section. Each deposit in violation of the provisions of this section shall

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be punishable by imprisonment for up to three (3) years and/or a fine not to exceed fifty thousand

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dollars ($50,000).

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      (b) (1) Recyclable materials originating out-of-state that can be segregated into saleable

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commodities shall be allowed to be brought to the Rhode Island resource recovery corporation's

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recycling facilities for the purpose of further separation and/or sale, the profit of which shall be

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distributed as follows:

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      (i) Twenty-five percent (25%) to the town of Johnston. Such funds shall be held in a

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

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

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house and the Lower Simmons Reservoir Dam. Any remaining or future funds will be used for

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maintenance of the aforementioned dams and other storm water mitigation projects in the town of

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Johnston.

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      (ii) Twenty-five percent (25%) to the corporation.

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      (iii) Fifty percent (50%) to the remaining thirty-eight (38) municipalities to be

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distributed on a pro rata basis in accordance with the corporation's distribution of in-state

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recyclable profits to municipalities. The town of Johnston shall continue to receive its pro rata

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share of state recyclable profits.

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      (2) Nothing contained in this subsection shall allow the corporation to accept out-of-state

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construction and demolition debris materials.

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      (3) Non-hazardous contaminated soils originating out of state shall be allowed to be

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delivered to the Rhode Island resource recovery corporation’s facilities for use on site as daily

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cover material. Such soils shall be free of solid waste.

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      (c) The Rhode Island resource recovery corporation shall promulgate any rules and

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regulations that may be necessary to ensure that solid waste that is generated or collected outside

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the territorial limits of this state is not deposited at the central landfill.

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      The rules and regulations shall provide that any commercial entity engaged in the

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business of collecting, disposing, sorting, separating, recycling, processing, manufacturing or

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remanufacturing solid waste, which deposits or causes to be deposited solid waste at the central

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landfill shall provide a certification to the corporation, via United States mail, that the waste was

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not generated or collected outside the territorial limits of this state. The certification shall be

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required to be made not less than every thirty (30) days, setting forth the date and time of each

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deposit within the thirty (30) day period and shall be under oath, stating that the oath is made

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under the pains and penalties of perjury.

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      (d) Any fine collected pursuant to the provisions of this section shall be remitted to the

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environmental response fund established pursuant to section 23-19.1-23. The town of Johnston

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and the department of attorney general shall be reimbursed from the environmental response fund

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for reasonable costs associated with the enforcement and prosecution of any violation of section

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23-19-13.1; provided, however, that the amounts reimbursed shall not exceed the amount of fine

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monies collected for that violation pursuant to this section. The state controller is authorized and

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directed to draw his or her orders upon the general treasurer for the payment of that sum, or as

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much of that sum as may be deemed necessary, from time to time, upon receipt by him or her of

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properly authenticated vouchers.

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     23-19-13.6. Cover materials not permitted. -- (a) No resource recovery system or

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facility made available by the corporation shall use the following as material to cover compacted

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solid waste at a sanitary landfill:

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      (1) Construction and demolition debris, whole, shredded, or pulverized, including, wood

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(including painted, treated and coated wood and wood products), land clearing debris, wall

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coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other

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roof coverings, and glass; or

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      (2) Organic materials, including materials that contain carbon-to-carbon bonds and are

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bio-degradable, such as paper, wood, food waste, leaves and yard waste. Organic materials may

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be used only as a final landfill cover with approval of the department of environmental

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management.

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      (b) Any facility violating the provisions of this section shall be fined not less than two

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thousand five hundred dollars ($2,500), nor more than five thousand dollars ($5,000). The fine

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shall be paid to the city or town in which the facility is located.

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     SECTION 2. This act shall take effect upon passage.

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LC01938

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

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     This act would eliminate the prohibition of incinerating solid waste from the statewide

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solid waste management plan, would allow non-hazardous contaminated soils originating out of

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state for use on site as daily cover material, and would allow glass to be used as cover material.

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     This act would take effect upon passage.

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LC01938

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