2023 -- H 5088
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LC000135
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO HEALTH AND SAFETY-- REFUSE DISPOSAL
Introduced By: Representatives McNamara, Donovan, Cortvriend, Bennett, Fogarty,
Potter, and Handy
Date Introduced: January 12, 2023
Referred To: House Environment and Natural Resources
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-18.9-7 of the General Laws in Chapter 23-18.9 entitled "Refuse 1
Disposal" is hereby amended to read as follows: 2
23-18.9-7. Definitions. 3
As used in this chapter, the following terms shall, where the context permits, be construed 4
as follows: 5
(1) “Beneficial reuse material” means a processed, nonhazardous, solid waste not already 6
defined as recyclable material by this chapter and by regulations of the Rhode Island department 7
of environmental management that the director has determined can be reused in an environmentally 8
beneficial manner without creating potential threats to public health, safety, welfare, or the 9
environment or creating potential nuisance conditions. 10
(2) “Beneficial use determination” (BUD) means the case-by-case process by which the 11
director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a specific 12
purpose at a specific location within the host municipality. 13
(3) “Cocktailing” means the adding, combining, or mixing of hazardous waste as defined 14
in § 23-19.1-4 with construction debris and demolition debris. 15
(4) “Construction and demolition (C&D) debris” means non-hazardous solid waste 16
resulting from the construction, remodeling, repair, and demolition of utilities and structures and 17
uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited to, 18
wood (including painted, treated, and coated wood, and wood products); land-clearing debris; wall 19
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coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other 1
roof coverings; glass; plastics that are not sealed in a manner that conceals other wastes, empty 2
buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on 3
the bottom; electrical wiring and components containing no hazardous liquids; and pipe and metals 4
that are incidental to any of the previously described waste. Solid waste that is not C&D debris 5
(even if resulting from the construction, remodeling, repair, and demolition of utilities, structures 6
and roads; land clearing) includes, but is not limited to, asbestos; waste; garbage; corrugated 7
container board; electrical fixtures containing hazardous liquids, such as fluorescent light ballasts 8
or transformers; fluorescent lights; carpeting; furniture; appliances; tires; drums; containers greater 9
than ten gallons (10 gals.) in size; any containers having more than one inch of residue remaining 10
on the bottom; and fuel tanks. Specifically excluded from the definition of construction and 11
demolition debris is solid waste (including what otherwise would be construction and demolition 12
debris) resulting from any processing technique, other than that employed at a department-approved 13
C&D debris processing facility, that renders individual waste components unrecognizable, such as 14
pulverizing or shredding. 15
(5) “Construction and demolition debris processing facility” means a solid waste 16
management facility that receives and processes construction and demolition debris. These 17
facilities must demonstrate, through records maintained at the facility and provided to the 18
department, that seventy-five percent (75%) of all material received by the facility is processed and 19
removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case 20
stores material on site for over three (3) months; provided, however, these facilities do not include 21
municipal compost facilities. 22
(6) “Construction and demolition debris separation facility” means a facility that receives, 23
separates, and/or screens construction and demolition debris into its components for subsequent 24
resale or processing that includes, but is not limited to, grinding, shredding, crushing, or landfilling 25
at another location separate and apart from the location on which the separation occurs. 26
(7) “Director” means the director of the department of environmental management or any 27
subordinate or subordinates to whom the director has delegated the powers and duties vested in 28
him or her by this chapter. 29
(8) “Expansion” means any increase in volume, size, or scope, either vertically, 30
horizontally, or otherwise; provided, however, that this section does not apply to the vertical 31
expansion of the Charlestown municipal landfill until the closure date of July 1, 2000. 32
(9) “Person” includes an individual, firm, partnership, association, and private or municipal 33
corporation. 34
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(10) “Recyclable materials” means those materials separated from solid waste for reuse. 1
The director of the department of environmental management, through regulations, shall specify 2
those materials that are to be included within the definition of recyclables. The materials to be 3
included may change from time to time depending upon new technologies, economic conditions, 4
waste stream characteristics, environmental effects, or other factors. 5
(11) “Segregated solid waste” means material separated from other solid waste for reuse. 6
(12) “Solid waste” means garbage, refuse, tree waste as defined by subsection (14) of this 7
section, and other discarded solid materials generated by residential, institutional, commercial, 8
industrial, and agricultural sources, including PVC pipe (polyvinyl chloride resin) that is 9
abandoned, discarded, left lying on the ground or not stored in a covered facility, but does not 10
include solids or dissolved material in domestic sewage or sewage sludge or dredge material as 11
defined in chapter 6.1 of title 46, nor does it include hazardous waste as defined in chapter 19.1 of 12
this title, nor does it include used asphalt, concrete, or Portland concrete cement. 13
(13) “Solid waste management facility” means any plant, structure, equipment, real and 14
personal property, except mobile equipment or incinerators with a capacity of less than one 15
thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or disposing 16
of solid waste but not segregated solid waste. Any solid waste management facility that stores waste 17
materials containing gypsum on site over three (3) months must install and maintain an active gas 18
collection system approved by the department of environment management. 19
(14)(i) “Tree waste” means all parts of a tree, including stumps, branches, and logs that 20
shall be considered solid waste for purposes of this chapter unless the tree waste meets the following 21
criteria: 22
(A) The tree waste remains on the property where it was generated; or 23
(B) The tree waste remains in the possession of the person who generated it and is stored 24
above the ground surface, on property that the same person controls, for purposes of recycling and 25
reuse; or 26
(C) The tree waste, whether generated on or off-site, is being actively managed as a usable 27
wood product such as landscape mulch, wood chips, firewood, or mulch. 28
(ii) The application of the criteria set forth in this section shall not be deemed to abrogate, 29
diminish, or impair the enforcement of the requirements established pursuant to chapter 28.1 of this 30
title or the authority of the state and/or a city or town to protect the public health, safety, or welfare 31
from a public nuisance resulting from the storage and handling of tree waste. 32
(15) “Organic waste material” means the organic material portion of the solid waste stream, 33
including, but not limited to, food scraps, food processing residue, and soiled or unrecyclable paper 34
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that has been separated from nonorganic material. 1
(16) “Composting facility” means land, appurtenances, structures, or equipment where 2
organic materials originating from another process or location that have been separated at the point 3
or source of generation from nonorganic material are recovered using a process of accelerated 4
biological decomposition of organic material under controlled aerobic conditions. 5
(17) “Anaerobic digestion facility” means a facility employing a closed vessel to perform 6
a closed process of accelerated biodegradation of organic materials and/or organic solid wastes into 7
biogas and digestate, using microorganisms under controlled conditions in the absence of oxygen. 8
(18) “Other authorized recycling method” means: 9
(i) Recycling organic waste material on site or treating organic waste material via on-site 10
organic treatment equipment permitted pursuant to the general laws or federal law; or 11
(ii) Diverting organic waste material for agricultural use, including consumption by 12
animals. 13
(19) “Covered entity” means each commercial food wholesaler or distributor, industrial 14
food manufacturer or processor, supermarket, resort or conference center, banquet hall, restaurant, 15
religious institution, military installation, prison, corporation, hospital or other medical care 16
institution, and casino. 17
(20) “Covered educational institution” means a higher educational or research institution. 18
(21) “Covered educational facility” means a building or group of two (2) or more 19
interconnected buildings owned or used by a covered educational institution at which organic waste 20
materials are generated. 21
SECTION 2. This act shall take effect upon passage. 22
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY-- REFUSE DISPOSAL
***
This act would include PVC pipe (polyvinyl chloride resin) that is abandoned, discarded, 1
left lying on the ground or not stored in a covered facility in the definition of solid waste. 2
This act would take effect upon passage. 3
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