Rhode Island 2023 Regular Session

Rhode Island House Bill H5088 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5088
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7	7	LC000135
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY-- REFUSE DISPOSAL
16	16	Introduced By: Representatives McNamara, Donovan, Cortvriend, Bennett, Fogarty,
17	17	Potter, and Handy
18	18	Date Introduced: January 12, 2023
19	19	Referred To: House Environment and Natural Resources
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 23-18.9-7 of the General Laws in Chapter 23-18.9 entitled "Refuse 1
24	24	Disposal" is hereby amended to read as follows: 2
25	25	23-18.9-7. Definitions. 3
26	26	As used in this chapter, the following terms shall, where the context permits, be construed 4
27	27	as follows: 5
28	28	(1) “Beneficial reuse material” means a processed, nonhazardous, solid waste not already 6
29	29	defined as recyclable material by this chapter and by regulations of the Rhode Island department 7
30	30	of environmental management that the director has determined can be reused in an environmentally 8
31	31	beneficial manner without creating potential threats to public health, safety, welfare, or the 9
32	32	environment or creating potential nuisance conditions. 10
33	33	(2) “Beneficial use determination” (BUD) means the case-by-case process by which the 11
34	34	director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a specific 12
35	35	purpose at a specific location within the host municipality. 13
36	36	(3) “Cocktailing” means the adding, combining, or mixing of hazardous waste as defined 14
37	37	in § 23-19.1-4 with construction debris and demolition debris. 15
38	38	(4) “Construction and demolition (C&D) debris” means non-hazardous solid waste 16
39	39	resulting from the construction, remodeling, repair, and demolition of utilities and structures and 17
40	40	uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited to, 18
41	41	wood (including painted, treated, and coated wood, and wood products); land-clearing debris; wall 19
42	42
43	43
44	44	LC000135 - Page 2 of 5
45	45	coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other 1
46	46	roof coverings; glass; plastics that are not sealed in a manner that conceals other wastes, empty 2
47	47	buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on 3
48	48	the bottom; electrical wiring and components containing no hazardous liquids; and pipe and metals 4
49	49	that are incidental to any of the previously described waste. Solid waste that is not C&D debris 5
50	50	(even if resulting from the construction, remodeling, repair, and demolition of utilities, structures 6
51	51	and roads; land clearing) includes, but is not limited to, asbestos; waste; garbage; corrugated 7
52	52	container board; electrical fixtures containing hazardous liquids, such as fluorescent light ballasts 8
53	53	or transformers; fluorescent lights; carpeting; furniture; appliances; tires; drums; containers greater 9
54	54	than ten gallons (10 gals.) in size; any containers having more than one inch of residue remaining 10
55	55	on the bottom; and fuel tanks. Specifically excluded from the definition of construction and 11
56	56	demolition debris is solid waste (including what otherwise would be construction and demolition 12
57	57	debris) resulting from any processing technique, other than that employed at a department-approved 13
58	58	C&D debris processing facility, that renders individual waste components unrecognizable, such as 14
59	59	pulverizing or shredding. 15
60	60	(5) “Construction and demolition debris processing facility” means a solid waste 16
61	61	management facility that receives and processes construction and demolition debris. These 17
62	62	facilities must demonstrate, through records maintained at the facility and provided to the 18
63	63	department, that seventy-five percent (75%) of all material received by the facility is processed and 19
64	64	removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case 20
65	65	stores material on site for over three (3) months; provided, however, these facilities do not include 21
66	66	municipal compost facilities. 22
67	67	(6) “Construction and demolition debris separation facility” means a facility that receives, 23
68	68	separates, and/or screens construction and demolition debris into its components for subsequent 24
69	69	resale or processing that includes, but is not limited to, grinding, shredding, crushing, or landfilling 25
70	70	at another location separate and apart from the location on which the separation occurs. 26
71	71	(7) “Director” means the director of the department of environmental management or any 27
72	72	subordinate or subordinates to whom the director has delegated the powers and duties vested in 28
73	73	him or her by this chapter. 29
74	74	(8) “Expansion” means any increase in volume, size, or scope, either vertically, 30
75	75	horizontally, or otherwise; provided, however, that this section does not apply to the vertical 31
76	76	expansion of the Charlestown municipal landfill until the closure date of July 1, 2000. 32
77	77	(9) “Person” includes an individual, firm, partnership, association, and private or municipal 33
78	78	corporation. 34
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82	82	(10) “Recyclable materials” means those materials separated from solid waste for reuse. 1
83	83	The director of the department of environmental management, through regulations, shall specify 2
84	84	those materials that are to be included within the definition of recyclables. The materials to be 3
85	85	included may change from time to time depending upon new technologies, economic conditions, 4
86	86	waste stream characteristics, environmental effects, or other factors. 5
87	87	(11) “Segregated solid waste” means material separated from other solid waste for reuse. 6
88	88	(12) “Solid waste” means garbage, refuse, tree waste as defined by subsection (14) of this 7
89	89	section, and other discarded solid materials generated by residential, institutional, commercial, 8
90	90	industrial, and agricultural sources, including PVC pipe (polyvinyl chloride resin) that is 9
91	91	abandoned, discarded, left lying on the ground or not stored in a covered facility, but does not 10
92	92	include solids or dissolved material in domestic sewage or sewage sludge or dredge material as 11
93	93	defined in chapter 6.1 of title 46, nor does it include hazardous waste as defined in chapter 19.1 of 12
94	94	this title, nor does it include used asphalt, concrete, or Portland concrete cement. 13
95	95	(13) “Solid waste management facility” means any plant, structure, equipment, real and 14
96	96	personal property, except mobile equipment or incinerators with a capacity of less than one 15
97	97	thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or disposing 16
98	98	of solid waste but not segregated solid waste. Any solid waste management facility that stores waste 17
99	99	materials containing gypsum on site over three (3) months must install and maintain an active gas 18
100	100	collection system approved by the department of environment management. 19
101	101	(14)(i) “Tree waste” means all parts of a tree, including stumps, branches, and logs that 20
102	102	shall be considered solid waste for purposes of this chapter unless the tree waste meets the following 21
103	103	criteria: 22
104	104	(A) The tree waste remains on the property where it was generated; or 23
105	105	(B) The tree waste remains in the possession of the person who generated it and is stored 24
106	106	above the ground surface, on property that the same person controls, for purposes of recycling and 25
107	107	reuse; or 26
108	108	(C) The tree waste, whether generated on or off-site, is being actively managed as a usable 27
109	109	wood product such as landscape mulch, wood chips, firewood, or mulch. 28
110	110	(ii) The application of the criteria set forth in this section shall not be deemed to abrogate, 29
111	111	diminish, or impair the enforcement of the requirements established pursuant to chapter 28.1 of this 30
112	112	title or the authority of the state and/or a city or town to protect the public health, safety, or welfare 31
113	113	from a public nuisance resulting from the storage and handling of tree waste. 32
114	114	(15) “Organic waste material” means the organic material portion of the solid waste stream, 33
115	115	including, but not limited to, food scraps, food processing residue, and soiled or unrecyclable paper 34
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119	119	that has been separated from nonorganic material. 1
120	120	(16) “Composting facility” means land, appurtenances, structures, or equipment where 2
121	121	organic materials originating from another process or location that have been separated at the point 3
122	122	or source of generation from nonorganic material are recovered using a process of accelerated 4
123	123	biological decomposition of organic material under controlled aerobic conditions. 5
124	124	(17) “Anaerobic digestion facility” means a facility employing a closed vessel to perform 6
125	125	a closed process of accelerated biodegradation of organic materials and/or organic solid wastes into 7
126	126	biogas and digestate, using microorganisms under controlled conditions in the absence of oxygen. 8
127	127	(18) “Other authorized recycling method” means: 9
128	128	(i) Recycling organic waste material on site or treating organic waste material via on-site 10
129	129	organic treatment equipment permitted pursuant to the general laws or federal law; or 11
130	130	(ii) Diverting organic waste material for agricultural use, including consumption by 12
131	131	animals. 13
132	132	(19) “Covered entity” means each commercial food wholesaler or distributor, industrial 14
133	133	food manufacturer or processor, supermarket, resort or conference center, banquet hall, restaurant, 15
134	134	religious institution, military installation, prison, corporation, hospital or other medical care 16
135	135	institution, and casino. 17
136	136	(20) “Covered educational institution” means a higher educational or research institution. 18
137	137	(21) “Covered educational facility” means a building or group of two (2) or more 19
138	138	interconnected buildings owned or used by a covered educational institution at which organic waste 20
139	139	materials are generated. 21
140	140	SECTION 2. This act shall take effect upon passage. 22
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147	147	EXPLANATION
148	148	BY THE LEGISLATIVE COUNCIL
149	149	OF
150	150	A N A C T
151	151	RELATING TO HEALTH AND SAFETY-- REFUSE DISPOSAL
152	152	***
153	153	This act would include PVC pipe (polyvinyl chloride resin) that is abandoned, discarded, 1
154	154	left lying on the ground or not stored in a covered facility in the definition of solid waste. 2
155	155	This act would take effect upon passage. 3
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157	157	LC000135
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