2023 -- H 5450
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LC001296
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL
Introduced By: Representatives Sanchez, Perez, Morales, Hull, Newberry, Nardone,
Chippendale, Biah, and J. Lombardi
Date Introduced: February 08, 2023
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-18.9-1 of the General Laws in Chapter 23-18.9 entitled "Refuse 1
Disposal" is hereby amended to read as follows: 2
23-18.9-1. Responsibility for refuse disposal. 3
(a)(1) Each city and town is required to make provision for the safe and sanitary disposal 4
of all refuse which is generated within its boundaries, including refuse from commercial and 5
industrial sources, but excluding refuse from sources owned or operated by the state or federal 6
governments, hazardous waste as defined in chapter 19.1 of this title and any refuse which is not 7
acceptable at a facility provided by the Rhode Island resource recovery corporation under chapter 8
19 of this title. The disposal facilities used to meet this responsibility may be located within or 9
outside the municipality, may be publicly or privately owned, and may include facilities used only 10
by the owner. Each city and town will be required to separate solid waste into recyclable and non-11
recyclable components before the material is disposed of in any state owned facility; provided, 12
however, that no municipality shall be permitted to charge any resident or business within its 13
jurisdiction, any recycling fee. Implementation of the program of separation by any city or town 14
may be by separation at the source of generation or by separation at collection points or transfer 15
stations. Cities and towns may allow private and volunteer collection of recyclables. The 16
department of environmental management shall adopt and promulgate regulations to define 17
recyclable materials, and shall from time to time determine an implementation schedule for the 18
recyclable separation programs of the cities and towns. The implementation schedule shall be 19
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determined and adopted by the department of environmental management after consultation and 1
cooperation with the cities and towns. The department shall adopt and promulgate an 2
implementation schedule and rules and regulations which require that commercial solid waste be 3
separated into recyclable and non-recyclable components before the material may be disposed of 4
at any state owned solid waste disposal facility. The department shall adopt and promulgate an 5
implementation schedule and rules and regulations which require that the solid waste generated at 6
state facilities be separated into recyclable and non-recyclable components before the material may 7
be disposed of in any state owned solid waste disposal facility. 8
(2) During the first three (3) years after a city or town enters the recycling program, a city 9
or town shall be deemed to have achieved compliance with the requirement of separation if that 10
city or town shall have achieved at least the same percentage of separation as achieved by similar 11
communities with compulsory programs of separation of recyclables. 12
(3) Beginning July 1, 2012 every city or town that enters into a contract with the Rhode 13
Island resource recovery corporation to dispose of solid waste shall be required to recycle a 14
minimum of thirty-five percent (35%) of its solid waste and to divert a minimum of fifty percent 15
(50%) of its solid waste. The recycling and diversion rate shall be achieved as prescribed in the 16
addendum required in subdivision 23-19-13(e)(3). For purposes of this section “diversion rate” 17
means the total amount (reflected as a percentage) of material, diverted from disposal through waste 18
prevention, recycling or re-use. 19
(b) The governing body of each city and town shall discharge its responsibility set forth in 20
subsection (a) by: 21
(1) Adopting reasonable rules and regulations governing the licensing of all qualified 22
persons engaged in the business of collection and hauling of refuse and operation of transfer stations 23
with respect to all refuse within its boundaries. All persons engaged in the business of collection or 24
hauling of refuse and operation of transfer stations within the boundaries of a municipality, shall 25
be issued a license upon application. No municipality shall unreasonably deny a license to any 26
reasonably qualified person. 27
(2) Contracting with the Rhode Island resource recovery corporation or a person approved 28
by the Rhode Island resource recovery corporation for the disposal of municipal refuse, unless a 29
municipality is operating its own landfill on December 1, 1986 or is disposing of its municipal 30
refuse under a contract approved by the corporation which was in effect on March 1, 1985, in which 31
case the municipality shall be free to continue to use the landfill until its closure, or to continue to 32
dispose of its municipal refuse under the contract until the expiration of the original term of the 33
contract or the expiration of any extension of the contract approved by the corporation or sooner 34
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termination. 1
(3) In the case of cities and towns where municipal waste collection is provided by private 2
contract between the generator of the waste and the hauler, adopting rules and regulations for the 3
fair allocation of the municipal rate provided under the provisions of § 23-19-13(g) among those 4
haulers licensed to collect and haul refuse within the cities and towns. 5
(4) Adopting rules and regulations that govern the separation of solid waste into recyclable 6
and non-recyclable components. Regulations adopted under this chapter may not be inconsistent 7
with any rules, regulations, standards, and criteria adopted by the department of environmental 8
management or the Rhode Island resource recovery corporation. Each city and town is empowered 9
to adopt the regulations and to contract with the Rhode Island resource recovery corporation for 10
the enforcement of the licensing provisions thereof, including compliance with the provisions of a 11
license designating a final disposal site for all refuse collected or hauled by the licensee within the 12
municipality’s boundaries and requiring the separation of recyclable materials from municipal, 13
non-municipal, residential and commercial sources. 14
(c) To assist each city and town in carrying out these responsibilities, the Rhode Island 15
resource recovery corporation shall: 16
(1) Administer any financial assistance granted by the state to localities, as provided in this 17
chapter, and establish and publish rules and regulations concerning eligibility, disbursement, and 18
use of financial assistance. 19
(2) Provide technical assistance to cities and towns concerning their refuse problems. 20
SECTION 2. This act shall take effect upon passage. 21
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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 prohibit municipalities from charging any recycling fees. 1
This act would take effect upon passage. 2
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