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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0652 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002241 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL |
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| 16 | 16 | | Introduced By: Senators Rogers, and de la Cruz |
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| 17 | 17 | | Date Introduced: March 07, 2025 |
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| 18 | 18 | | Referred To: Senate Environment & Agriculture |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Legislative Findings. 1 |
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| 23 | 23 | | The general assembly finds and declares that: 2 |
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| 24 | 24 | | (1) Rhode Island is committed to a clean environment and protection of its natural 3 |
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| 25 | 25 | | resources; 4 |
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| 26 | 26 | | (2) The life of Rhode Island resource recovery's central landfill is not expected to exceed 5 |
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| 27 | 27 | | 2038, with limited ability to expand and/or relocate; 6 |
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| 28 | 28 | | (3) Rhode Island has embarked innovative solutions to tackle its environmental challenges, 7 |
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| 29 | 29 | | including "Let's Recycle Right." In 2021 CNBC ranked Rhode Island 46th in its annual "Top States 8 |
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| 30 | 30 | | for Business." Innovative solutions are ready to put Rhode Island closer to the top of the list; 9 |
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| 31 | 31 | | (4) Economic recovery in Rhode Island, post COVID is important to the well-being of all 10 |
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| 32 | 32 | | Rhode Islanders; 11 |
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| 33 | 33 | | (5) Rhode Island is committed to a clean environment and protection of its natural 12 |
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| 34 | 34 | | resources. The U.S. Environmental Protection Agency has recognized that reusing and recycling 13 |
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| 35 | 35 | | materials conserves natural resources, reduces waste, prevents pollution, reduces greenhouse 14 |
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| 36 | 36 | | gasses contributing to climate change and serves as an important economic driver, helping to create 15 |
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| 37 | 37 | | jobs and tax revenue; and 16 |
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| 38 | 38 | | (6) The purpose of this chapter is to facilitate globally recognized state of the art 17 |
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| 39 | 39 | | technologies in Rhode Island as they relate to clean, post-consumer recycled plastic. Rhode Island 18 |
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| 40 | 40 | | stands to be the leader in New England joining over fifteen (15) states who have adopted this 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002241 - Page 2 of 14 |
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| 44 | 44 | | legislation. Rhode Island has the potential to be nationally and internationally recognized as a state 1 |
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| 45 | 45 | | that is encouraging innovation, by looking to the future in solving its environmental challenges. 2 |
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| 46 | 46 | | SECTION 2. Section 23-18.9-7 of the General Laws in Chapter 23-18.9 entitled "Refuse 3 |
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| 47 | 47 | | Disposal" is hereby amended to read as follows: 4 |
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| 48 | 48 | | 23-18.9-7. Definitions. 5 |
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| 49 | 49 | | As used in this chapter, the following terms shall, where the context permits, be construed 6 |
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| 50 | 50 | | as follows: 7 |
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| 51 | 51 | | (1) "Advanced recycling" means a manufacturing process for the conversion of post-use 8 |
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| 52 | 52 | | polymers and recovered feedstock into basic hydrocarbon raw materials, feedstocks, chemicals, 9 |
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| 53 | 53 | | and other products like waxes and lubricants through thermochemical processes that convert 10 |
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| 54 | 54 | | plastics into their basic molecular components. The recycled products produced at advanced 11 |
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| 55 | 55 | | recycling facilities include, but are not limited to, recycled plastics, monomers, oligomers, plastics, 12 |
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| 56 | 56 | | plastics and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, and coatings. 13 |
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| 57 | 57 | | Advanced recycling shall not be considered resource recovery, materials recovery, treatment, 14 |
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| 58 | 58 | | utilization, conversion, waste processing, reconstituting, waste management, incineration, 15 |
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| 59 | 59 | | combustion, or disposal. 16 |
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| 60 | 60 | | (2) "Advanced recycling facility" means a facility that receives, stores and converts post-17 |
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| 61 | 61 | | use polymers and recovered feedstocks it receives using advanced recycling. An advanced 18 |
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| 62 | 62 | | recycling facility is a manufacturing facility subject to applicable department manufacturing 19 |
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| 63 | 63 | | regulations for air, water, waste, and land use. Advanced recycling facilities shall not include solid 20 |
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| 64 | 64 | | waste management facilities, waste processing facilities, resource recovery facilities, materials 21 |
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| 65 | 65 | | recovery facilities, intermediate processing facilities, or incinerators. 22 |
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| 66 | 66 | | (1)(3) “Beneficial reuse material” means a processed, nonhazardous, solid waste not 23 |
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| 67 | 67 | | already defined as recyclable material by this chapter and by regulations of the Rhode Island 24 |
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| 68 | 68 | | department of environmental management that the director has determined can be reused in an 25 |
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| 69 | 69 | | environmentally beneficial manner without creating potential threats to public health, safety, 26 |
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| 70 | 70 | | welfare, or the environment or creating potential nuisance conditions. 27 |
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| 71 | 71 | | (2)(4) “Beneficial use determination” (BUD) means the case-by-case process by which the 28 |
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| 72 | 72 | | director evaluates a proposal to use a specific solid waste as a beneficial reuse material for a specific 29 |
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| 73 | 73 | | purpose at a specific location within the host municipality. 30 |
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| 74 | 74 | | (3)(5) “Cocktailing” means the adding, combining, or mixing of hazardous waste as 31 |
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| 75 | 75 | | defined in § 23-19.1-4 with construction debris and demolition debris. 32 |
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| 76 | 76 | | (4)(6) “Construction and demolition (C&D) debris” means non-hazardous solid waste 33 |
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| 77 | 77 | | resulting from the construction, remodeling, repair, and demolition of utilities and structures and 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002241 - Page 3 of 14 |
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| 81 | 81 | | uncontaminated solid waste resulting from land clearing. This waste includes, but is not limited to, 1 |
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| 82 | 82 | | wood (including painted, treated, and coated wood, and wood products); land-clearing debris; wall 2 |
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| 83 | 83 | | coverings; plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and other 3 |
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| 84 | 84 | | roof coverings; glass; plastics that are not sealed in a manner that conceals other wastes, empty 4 |
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| 85 | 85 | | buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on 5 |
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| 86 | 86 | | the bottom; electrical wiring and components containing no hazardous liquids; and pipe and metals 6 |
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| 87 | 87 | | that are incidental to any of the previously described waste. Solid waste that is not C&D debris 7 |
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| 88 | 88 | | (even if resulting from the construction, remodeling, repair, and demolition of utilities, structures 8 |
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| 89 | 89 | | and roads; land clearing) includes, but is not limited to, asbestos; waste; garbage; corrugated 9 |
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| 90 | 90 | | container board; electrical fixtures containing hazardous liquids, such as fluorescent light ballasts 10 |
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| 91 | 91 | | or transformers; fluorescent lights; carpeting; furniture; appliances; tires; drums; containers greater 11 |
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| 92 | 92 | | than ten gallons (10 gals.) in size; any containers having more than one inch of residue remaining 12 |
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| 93 | 93 | | on the bottom; and fuel tanks. Specifically excluded from the definition of construction and 13 |
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| 94 | 94 | | demolition debris is solid waste (including what otherwise would be construction and demolition 14 |
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| 95 | 95 | | debris) resulting from any processing technique, other than that employed at a department-approved 15 |
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| 96 | 96 | | C&D debris processing facility, that renders individual waste components unrecognizable, such as 16 |
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| 97 | 97 | | pulverizing or shredding. 17 |
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| 98 | 98 | | (5)(7) “Construction and demolition debris processing facility” means a solid waste 18 |
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| 99 | 99 | | management facility that receives and processes construction and demolition debris. These 19 |
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| 100 | 100 | | facilities must demonstrate, through records maintained at the facility and provided to the 20 |
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| 101 | 101 | | department, that seventy-five percent (75%) of all material received by the facility is processed and 21 |
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| 102 | 102 | | removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case 22 |
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| 103 | 103 | | stores material on site for over three (3) months; provided, however, these facilities do not include 23 |
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| 104 | 104 | | municipal compost facilities. 24 |
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| 105 | 105 | | (6)(8) “Construction and demolition debris separation facility” means a facility that 25 |
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| 106 | 106 | | receives, separates, and/or screens construction and demolition debris into its components for 26 |
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| 107 | 107 | | subsequent resale or processing that includes, but is not limited to, grinding, shredding, crushing, 27 |
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| 108 | 108 | | or landfilling at another location separate and apart from the location on which the separation 28 |
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| 109 | 109 | | occurs. 29 |
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| 110 | 110 | | (7)(9) “Director” means the director of the department of environmental management or 30 |
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| 111 | 111 | | any subordinate or subordinates to whom the director has delegated the powers and duties vested 31 |
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| 112 | 112 | | in him or her by this chapter. 32 |
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| 113 | 113 | | (8)(10) “Expansion” means any increase in volume, size, or scope, either vertically, 33 |
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| 114 | 114 | | horizontally, or otherwise; provided, however, that this section does not apply to the vertical 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002241 - Page 4 of 14 |
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| 118 | 118 | | expansion of the Charlestown municipal landfill until the closure date of July 1, 2000. 1 |
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| 119 | 119 | | (9)(11) “Person” includes an individual, firm, partnership, association, and private or 2 |
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| 120 | 120 | | municipal corporation. 3 |
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| 121 | 121 | | (12) "Post-use polymer" means a plastic polymer to which all of the following apply: 4 |
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| 122 | 122 | | (i) It is derived from any industrial, commercial, agricultural, or domestic activities; 5 |
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| 123 | 123 | | (ii) It is not mixed with solid waste or hazardous waste onsite or during conversion at the 6 |
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| 124 | 124 | | advanced recycling facility; 7 |
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| 125 | 125 | | (iii) The plastic's use or intended use is as a feedstock for the manufacturing of feedstocks, 8 |
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| 126 | 126 | | other basic hydrocarbons, raw materials, or other intermediate products or final products using 9 |
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| 127 | 127 | | advanced recycling; 10 |
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| 128 | 128 | | (iv) The plastic has been sorted from solid waste and other regulated waste but may contain 11 |
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| 129 | 129 | | residual amounts of solid waste such as organic material and incidental contaminants or impurities 12 |
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| 130 | 130 | | (e.g., paper labels and metal rings); and 13 |
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| 131 | 131 | | (v) The plastic is converted at an advanced recycling facility or held at such facility prior 14 |
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| 132 | 132 | | to conversion. Post-use polymer shall not be considered co-mingled recyclable materials. 15 |
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| 133 | 133 | | (13)(i) "Recovered feedstock" means one or more of the following materials, derived from 16 |
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| 134 | 134 | | recoverable waste, that has been converted so that it may be used as feedstock in an advanced 17 |
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| 135 | 135 | | recycling facility: 18 |
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| 136 | 136 | | (A) Post-use polymers; and/or 19 |
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| 137 | 137 | | (B) Materials for which the United States Environmental Protection Agency has made a 20 |
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| 138 | 138 | | nonwaste determination under 40 C.F.R. 241.3(c) or has otherwise determined are feedstock and 21 |
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| 139 | 139 | | not solid waste. 22 |
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| 140 | 140 | | (ii)(A) Recovered feedstock does not include unprocessed municipal solid waste. 23 |
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| 141 | 141 | | (B) Recovered feedstock is not mixed with solid waste or hazardous waste onsite or during 24 |
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| 142 | 142 | | conversion at an advanced recycling facility. 25 |
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| 143 | 143 | | (C) Recovered feedstock shall not be considered co-mingled recyclable materials. 26 |
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| 144 | 144 | | (10)(14) “Recyclable materials” means those materials separated from solid waste for 27 |
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| 145 | 145 | | reuse. The director of the department of environmental management, through regulations, shall 28 |
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| 146 | 146 | | specify those materials that are to be included within the definition of recyclables. The materials to 29 |
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| 147 | 147 | | be included may change from time to time depending upon new technologies, economic conditions, 30 |
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| 148 | 148 | | waste stream characteristics, environmental effects, or other factors. 31 |
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| 149 | 149 | | (11)(15) “Segregated solid waste” means material separated from other solid waste for 32 |
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| 150 | 150 | | reuse, but does not include, post-use polymers or recovered feedstocks that are: 33 |
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| 151 | 151 | | (i) Converted at an advanced recycling facility; 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002241 - Page 5 of 14 |
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| 155 | 155 | | (ii) Held at such a facility prior to conversion to ensure production is not interrupted; or 1 |
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| 156 | 156 | | (iii) Stored offsite with the intent that they will be converted at an advanced recycling 2 |
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| 157 | 157 | | facility, but before delivery to such a facility. 3 |
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| 158 | 158 | | (12)(16) “Solid waste” means garbage, refuse, tree waste as defined by subsection (14) of 4 |
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| 159 | 159 | | this section, and other discarded solid materials generated by residential, institutional, commercial, 5 |
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| 160 | 160 | | industrial, and agricultural sources, but does not include solids or dissolved material in domestic 6 |
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| 161 | 161 | | sewage or sewage sludge or dredge material as defined in chapter 6.1 of title 46, nor does it include 7 |
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| 162 | 162 | | hazardous waste as defined in chapter 19.1 of this title, nor does it include used asphalt, concrete, 8 |
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| 163 | 163 | | or Portland concrete cement. Solid waste does not include post-use polymers or recovered 9 |
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| 164 | 164 | | feedstocks that are: 10 |
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| 165 | 165 | | (i) Converted at an advanced recycling facility; 11 |
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| 166 | 166 | | (ii) Held at such a facility prior to conversion; or 12 |
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| 167 | 167 | | (iii) Stored offsite with the intent that they will be converted at an advanced recycling 13 |
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| 168 | 168 | | facility, but before delivery to such a facility. 14 |
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| 169 | 169 | | (13)(17) “Solid waste management facility” means any plant, structure, equipment, real 15 |
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| 170 | 170 | | and personal property, except mobile equipment or incinerators with a capacity of less than one 16 |
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| 171 | 171 | | thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing, treating, or disposing 17 |
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| 172 | 172 | | of solid waste but not segregated solid waste. Any solid waste management facility that stores waste 18 |
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| 173 | 173 | | materials containing gypsum on site over three (3) months must install and maintain an active gas 19 |
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| 174 | 174 | | collection system approved by the department of environment management. Solid waste 20 |
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| 175 | 175 | | management facilities do not include advanced recycling facilities. 21 |
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| 176 | 176 | | (14)(18) (i) “Tree waste” means all parts of a tree, including stumps, branches, and logs 22 |
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| 177 | 177 | | that shall be considered solid waste for purposes of this chapter unless the tree waste meets the 23 |
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| 178 | 178 | | following criteria: 24 |
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| 179 | 179 | | (A) The tree waste remains on the property where it was generated; or 25 |
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| 180 | 180 | | (B) The tree waste remains in the possession of the person who generated it and is stored 26 |
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| 181 | 181 | | above the ground surface, on property that the same person controls, for purposes of recycling and 27 |
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| 182 | 182 | | reuse; or 28 |
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| 183 | 183 | | (C) The tree waste, whether generated on or off-site, is being actively managed as a usable 29 |
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| 184 | 184 | | wood product such as landscape mulch, wood chips, firewood, or mulch. 30 |
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| 185 | 185 | | (ii) The application of the criteria set forth in this section shall not be deemed to abrogate, 31 |
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| 186 | 186 | | diminish, or impair the enforcement of the requirements established pursuant to chapter 28.1 of this 32 |
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| 187 | 187 | | title or the authority of the state and/or a city or town to protect the public health, safety, or welfare 33 |
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| 188 | 188 | | from a public nuisance resulting from the storage and handling of tree waste. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002241 - Page 6 of 14 |
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| 192 | 192 | | (15)(19) “Organic waste material” means the organic material portion of the solid waste 1 |
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| 193 | 193 | | stream, including, but not limited to, food scraps, food processing residue, and soiled or 2 |
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| 194 | 194 | | unrecyclable paper that has been separated from nonorganic material. 3 |
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| 195 | 195 | | (16)(20) “Composting facility” means land, appurtenances, structures, or equipment where 4 |
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| 196 | 196 | | organic materials originating from another process or location that have been separated at the point 5 |
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| 197 | 197 | | or source of generation from nonorganic material are recovered using a process of accelerated 6 |
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| 198 | 198 | | biological decomposition of organic material under controlled aerobic conditions. 7 |
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| 199 | 199 | | (17)(21) “Anaerobic digestion facility” means a facility employing a closed vessel to 8 |
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| 200 | 200 | | perform a closed process of accelerated biodegradation of organic materials and/or organic solid 9 |
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| 201 | 201 | | wastes into biogas and digestate, using microorganisms under controlled conditions in the absence 10 |
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| 202 | 202 | | of oxygen. 11 |
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| 203 | 203 | | (18)(22) “Other authorized recycling method” means: 12 |
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| 204 | 204 | | (i) Recycling organic waste material on site or treating organic waste material via on-site 13 |
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| 205 | 205 | | organic treatment equipment permitted pursuant to the general laws or federal law; or 14 |
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| 206 | 206 | | (ii) Diverting organic waste material for agricultural use, including consumption by 15 |
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| 207 | 207 | | animals. 16 |
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| 208 | 208 | | (19)(23) “Covered entity” means each commercial food wholesaler or distributor, 17 |
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| 209 | 209 | | industrial food manufacturer or processor, supermarket, resort or conference center, banquet hall, 18 |
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| 210 | 210 | | restaurant, religious institution, military installation, prison, corporation, hospital or other medical 19 |
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| 211 | 211 | | care institution, and casino. 20 |
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| 212 | 212 | | (20)(24) “Covered educational institution” means a higher educational or research 21 |
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| 213 | 213 | | institution. 22 |
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| 214 | 214 | | (21)(25) “Covered educational facility” means a building or group of two (2) or more 23 |
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| 215 | 215 | | interconnected buildings owned or used by a covered educational institution at which organic waste 24 |
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| 216 | 216 | | materials are generated. 25 |
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| 217 | 217 | | SECTION 3. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 26 |
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| 218 | 218 | | amended by adding thereto the following chapter: 27 |
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| 219 | 219 | | CHAPTER 18.19 28 |
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| 220 | 220 | | PLASTICS RECYCLING MANDATE 29 |
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| 221 | 221 | | 23-18.19-1. Definitions. 30 |
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| 222 | 222 | | The following terms and phrases used in this chapter shall, where context permits, be 31 |
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| 223 | 223 | | construed as follows: 32 |
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| 224 | 224 | | (1) "Advanced recycling feedstocks" means post-use polymer and recovered feedstocks. 33 |
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| 225 | 225 | | Advanced recycling feedstocks shall not be considered solid wastes. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002241 - Page 7 of 14 |
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| 229 | 229 | | (2) "Advanced recycling product" means materials produced through mass balance 1 |
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| 230 | 230 | | attribution and/or directly through conversion of advanced recycling feedstocks using advanced 2 |
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| 231 | 231 | | recycling processes, and include, but are not limited to, monomers, oligomers, plastics, plastics and 3 |
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| 232 | 232 | | chemical feedstocks, specialty chemicals, basic chemicals, chemical intermediates, unfinished 4 |
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| 233 | 233 | | chemicals, waxes, lubricants, coatings, asphalt blends, other basic hydrocarbons, and other 5 |
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| 234 | 234 | | products. Advanced recycling products shall not be considered solid waste. 6 |
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| 235 | 235 | | (3) "Approved certification system" means an accounting and recordkeeping program 7 |
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| 236 | 236 | | developed by the director to facilitate implementation of the plastic recycling mandate. 8 |
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| 237 | 237 | | (4) "Attribution" means a methodology by which a manufacturer using mass balance under 9 |
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| 238 | 238 | | an approved certification system attributes an equivalent mass of the advanced recycling feedstocks 10 |
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| 239 | 239 | | inputted into its advanced recycling process, adjusted for losses, across the mass of one or more of 11 |
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| 240 | 240 | | the advanced recycling products manufactured in connection with that process. 12 |
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| 241 | 241 | | (5) "Certified compostable products" means products that are certified by a recognized 13 |
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| 242 | 242 | | third-party independent verification body as meeting international standard specifications ASTM 14 |
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| 243 | 243 | | D6400, "Specifications for Labeling of Plastics Designed to be Aerobically Composed in 15 |
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| 244 | 244 | | Municipal or Industrial Facilities" or ASTM D6868 "Standard Specification for Labeling of End 16 |
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| 245 | 245 | | Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other 17 |
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| 246 | 246 | | Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities," as 18 |
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| 247 | 247 | | amended. 19 |
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| 248 | 248 | | (6) "Consumer commodity" or "commodity" means any article, product, good or 20 |
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| 249 | 249 | | commodity of any kind or class which is customarily produced or distributed for sale through retail 21 |
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| 250 | 250 | | sales agencies or instrumentalities for consumption or use. 22 |
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| 251 | 251 | | (7) "Mass balance" means an auditable chain of custody method that enables the attribution 23 |
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| 252 | 252 | | of the mass of advanced recycling feedstocks to one or more advanced recycling products produced 24 |
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| 253 | 253 | | in connection with the advanced recycling process within a predefined system boundary and within 25 |
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| 254 | 254 | | a given booking period (usually one year) and adjusted for losses. 26 |
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| 255 | 255 | | (8) "Marketers" means persons which: 27 |
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| 256 | 256 | | (i) Either manufacture or purchase manufactured consumer commodities, food or 28 |
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| 257 | 257 | | beverages, and 29 |
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| 258 | 258 | | (ii) Enclose, contain, store, protect, preserve, or identify those consumer commodities, food 30 |
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| 259 | 259 | | or beverages in plastic packaging for sale, market, or distribution within the state. 31 |
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| 260 | 260 | | (9) "Mechanical recycling" means operations that recycle plastic via physical processes, 32 |
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| 261 | 261 | | such as grinding, washing, separating, drying, melting, re-granulating, and compounding. 33 |
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| 262 | 262 | | (10) "Plastic" means any material made of polymeric organic compounds derived from 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC002241 - Page 8 of 14 |
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| 266 | 266 | | monomers and additives that can be shaped by flow. 1 |
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| 267 | 267 | | (11) "Plastics packaging" means any immediate container or wrapping in which the 2 |
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| 268 | 268 | | principal structural element is composed of plastics that is used to enclose, contain, store, protect, 3 |
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| 269 | 269 | | preserve, transport, or identify consumer commodities, food, or beverages for use in the sale of the 4 |
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| 270 | 270 | | consumer commodities, food, or beverages. 5 |
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| 271 | 271 | | (12) "Recycled plastics" or "recycled plastic" means plastics certified under an approved 6 |
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| 272 | 272 | | certification system and produced: 7 |
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| 273 | 273 | | (i) From mechanical recycling using pre-consumer recovered materials, and post-consumer 8 |
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| 274 | 274 | | materials; or 9 |
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| 275 | 275 | | (ii) From advanced recycling feedstocks or advanced recycling products using mass 10 |
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| 276 | 276 | | balance attribution. The term "recycled content" shall have the same meaning as recycled plastics. 11 |
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| 277 | 277 | | Recycled plastics shall not be considered solid waste. 12 |
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| 278 | 278 | | 23-18.19-2. Mandates. 13 |
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| 279 | 279 | | (a) Applicability. 14 |
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| 280 | 280 | | (1) Entities subject to the minimum mandate for recycled plastics in plastics packaging in 15 |
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| 281 | 281 | | their annual portfolios are marketers. 16 |
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| 282 | 282 | | (2) Recycled plastics or the feedstocks and/or materials used to produce recycled plastics 17 |
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| 283 | 283 | | can be sourced within or outside the state. 18 |
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| 284 | 284 | | (3) The mandate shall apply to marketers’ total annual portfolio of plastics packaging in 19 |
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| 285 | 285 | | the state, except for plastics packaging: 20 |
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| 286 | 286 | | (i) Manufactured from certified compostable products; or 21 |
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| 287 | 287 | | (ii) Subject to electrostatic discharge restrictions. 22 |
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| 288 | 288 | | (b) Minimum annual recycled plastics mandate. Not later 2030, a marketer’s annual 23 |
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| 289 | 289 | | portfolio of plastics packaging sold, marketed, and distributed in the state shall include thirty 24 |
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| 290 | 290 | | percent (30%) recycled plastics. 25 |
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| 291 | 291 | | (c) A person subject to the minimum mandate for recycled plastics in plastic packaging in 26 |
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| 292 | 292 | | their annual portfolio not in compliance with this act shall submit to the department a plan subject 27 |
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| 293 | 293 | | to departmental approval to comply with this chapter. 28 |
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| 294 | 294 | | 23-18.19-3. Air monitoring. 29 |
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| 295 | 295 | | Each advanced recycling facility shall deploy and operate an air monitoring station to 30 |
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| 296 | 296 | | measure the concentrations of pollutants in the ambient air pursuant to standards set forth in federal 31 |
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| 297 | 297 | | and state law. A minimum of five (5) continuous air samplers are required. One shall be located on 32 |
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| 298 | 298 | | or near the building where the advanced recycling process takes place, and one each within one 33 |
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| 299 | 299 | | hundred feet (100') of the north, south, east and west property lines of the advanced recycling 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC002241 - Page 9 of 14 |
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| 303 | 303 | | facility. The air monitoring station and samplers shall be continuous and operational at all times 1 |
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| 304 | 304 | | that the facility is operational. The advanced recycling facility shall send a report of the air 2 |
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| 305 | 305 | | monitoring to the host municipality governing body at least annually. The host municipality may, 3 |
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| 306 | 306 | | by ordinance, require additional reports and specific data. 4 |
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| 307 | 307 | | 23-18.19-4. Location of advanced recycling facility. 5 |
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| 308 | 308 | | (a) Notwithstanding any other law, rule, or regulation to the contrary, no permit or license 6 |
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| 309 | 309 | | shall be issued for the construction or operation of an advanced recycling facility, and no 7 |
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| 310 | 310 | | application for a permit or license for such a facility shall be granted or issued by the state unless 8 |
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| 311 | 311 | | the facility: 9 |
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| 312 | 312 | | (1) Is located within a one mile radius of a state facility, which may include the Rhode 10 |
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| 313 | 313 | | Island resource recovery corporation or Narragansett Bay Commission; and 11 |
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| 314 | 314 | | (2) Is located in a designated industrial zone or commercial port facility that does not abut 12 |
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| 315 | 315 | | a residential community; and 13 |
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| 316 | 316 | | (3) Is located in a designated industrial zone or commercial port facility that does not abut 14 |
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| 317 | 317 | | an environmental justice area; and 15 |
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| 318 | 318 | | (4) Is located within a single municipality a minimum of one mile from any bordering 16 |
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| 319 | 319 | | municipality and state border. 17 |
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| 320 | 320 | | (b) State facilities located within an area zoned for residential development are prohibited 18 |
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| 321 | 321 | | from locating an advanced recycling facility within the residential area. 19 |
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| 322 | 322 | | SECTION 4. Section 23-19-5 of the General Laws in Chapter 23-19 entitled "Rhode Island 20 |
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| 323 | 323 | | Resource Recovery Corporation" is hereby amended to read as follows: 21 |
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| 324 | 324 | | 23-19-5. Definitions. 22 |
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| 325 | 325 | | The following words and phrases have the meanings ascribed to them in this section unless 23 |
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| 326 | 326 | | the context clearly indicates otherwise: 24 |
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| 327 | 327 | | (1) "Advanced recycling" means a manufacturing process for the conversion of post-use 25 |
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| 328 | 328 | | polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, 26 |
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| 329 | 329 | | and other products like waxes and lubricants through thermochemical processes that convert 27 |
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| 330 | 330 | | plastics into their basic molecular components. The recycled products produced at advanced 28 |
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| 331 | 331 | | recycling facilities include, but are not limited to, certified recycled plastics, monomers, oligomers, 29 |
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| 332 | 332 | | plastics, plastics and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, and 30 |
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| 333 | 333 | | coatings. Advanced recycling shall not be considered resource recovery, materials recovery, 31 |
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| 334 | 334 | | treatment, utilization, conversion, waste processing, reconstituting, waste management, 32 |
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| 335 | 335 | | incineration, combustion, or disposal. 33 |
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| 336 | 336 | | (2) "Advanced recycling facility" means a facility that receives, stores and converts post-34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC002241 - Page 10 of 14 |
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| 340 | 340 | | use polymers and recovered feedstocks it receives using advanced recycling. An advanced 1 |
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| 341 | 341 | | recycling facility is a manufacturing facility subject to applicable department manufacturing 2 |
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| 342 | 342 | | regulations for air, water, waste, and land use. Advanced recycling facilities shall not include solid 3 |
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| 343 | 343 | | waste management facilities, resource recovery facilities, materials recovery facilities, intermediate 4 |
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| 344 | 344 | | processing facilities, waste processing facilities, or incinerators. 5 |
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| 345 | 345 | | (1)(3) “Bonds and notes” means bonds, including without limitation refunding bonds, 6 |
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| 346 | 346 | | notes, including without limitation renewal notes and bond anticipation notes, and other obligations 7 |
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| 347 | 347 | | or evidences of indebtedness of the corporation issued pursuant to the provisions of this chapter 8 |
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| 348 | 348 | | and the resolutions of the corporation. 9 |
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| 349 | 349 | | (2)(4) “Central landfill” means the central landfill located in Johnston. 10 |
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| 350 | 350 | | (3)(5) “Corporation” means the Rhode Island resource recovery corporation created and 11 |
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| 351 | 351 | | established pursuant to this chapter. 12 |
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| 352 | 352 | | (4)(6) “Landfill revenues” means the surplus, if any, of all tipping fees and other revenues 13 |
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| 353 | 353 | | received at the central landfill over the annual costs of the landfill, and a pro-rata share of the 14 |
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| 354 | 354 | | corporation’s administrative expenses. 15 |
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| 355 | 355 | | (5)(7) “Municipal solid waste” means that solid waste generated by the residents of a 16 |
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| 356 | 356 | | municipality in the course of their daily living, the disposal of which the governing body of that 17 |
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| 357 | 357 | | municipality has undertaken in the discharge of its duties to protect the health of the municipality. 18 |
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| 358 | 358 | | Municipal solid waste does not include solid waste generated by residents of a municipality in the 19 |
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| 359 | 359 | | course of their employment or that generated by any manufacturing or commercial enterprise. 20 |
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| 360 | 360 | | (6)(8) “Municipal solid waste disposal arrangements” means those arrangements entered 21 |
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| 361 | 361 | | into by a municipality which provide for the final disposal of wastes in a manner approved by the 22 |
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| 362 | 362 | | department of health, the department of environmental management, and the corporation; provided, 23 |
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| 363 | 363 | | however, that the disposal of wastes in transfer stations or facilities for interim storage shall not 24 |
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| 364 | 364 | | constitute final disposal of the wastes. 25 |
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| 365 | 365 | | (7)(9) “Municipality” means any town or city within the state. 26 |
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| 366 | 366 | | (8)(10) “Person” means any individual, firm, institution, partnership, association or 27 |
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| 367 | 367 | | corporation, public, or private, organized or existing under the laws of the state or other states 28 |
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| 368 | 368 | | including federal corporations, but excluding municipalities. 29 |
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| 369 | 369 | | (11) "Post-use polymer" means a plastic polymer to which all of the following apply: 30 |
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| 370 | 370 | | (i) It is derived from any industrial, commercial, agricultural, or domestic activities; 31 |
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| 371 | 371 | | (ii) It is not mixed with solid waste or hazardous waste onsite or during conversion at the 32 |
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| 372 | 372 | | advanced recycling facility; 33 |
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| 373 | 373 | | (iii) The plastic’s use or intended use is as a feedstock for the manufacturing of feedstocks, 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC002241 - Page 11 of 14 |
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| 377 | 377 | | blendstocks, other basic hydrocarbons, raw materials, or other intermediate products or final 1 |
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| 378 | 378 | | products using advanced recycling; 2 |
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| 379 | 379 | | (iv) The plastic has been sorted from solid waste and other regulated waste but may contain 3 |
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| 380 | 380 | | residual amounts of solid waste such as organic material and incidental contaminants or impurities 4 |
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| 381 | 381 | | (e.g., paper labels and metal rings); and 5 |
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| 382 | 382 | | (v) The plastic is converted at an advanced recycling facility or held at such facility prior 6 |
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| 383 | 383 | | to conversion. Post-use polymer shall not be considered co-mingled recyclable materials. 7 |
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| 384 | 384 | | (9)(12) “Project” means the design, acquisition, ownership, operation, construction, 8 |
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| 385 | 385 | | rehabilitation, improvement, development, sale, lease, or other disposition of, or the provision of 9 |
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| 386 | 386 | | financing for, any solid waste management facility or the industrial and/or business parks in the 10 |
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| 387 | 387 | | town of Johnston authorized by § 23-19-9(a)(7) and the highway access authorized by § 23-19-11 |
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| 388 | 388 | | 10.3. 12 |
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| 389 | 389 | | (13)(i) "Recovered feedstock" means one or more of the following materials, derived from 13 |
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| 390 | 390 | | recoverable waste, that has been converted so that it may be used as feedstock in an advanced 14 |
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| 391 | 391 | | recycling facility: 15 |
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| 392 | 392 | | (A) Post-use polymers; and/or 16 |
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| 393 | 393 | | (B) Materials for which the United States Environmental Protection Agency has made a 17 |
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| 394 | 394 | | nonwaste determination under 40 C.F.R. 241.3(c) or has otherwise determined are feedstocks and 18 |
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| 395 | 395 | | not solid waste. 19 |
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| 396 | 396 | | (ii)(A) Recovered feedstock does not include unprocessed municipal solid waste. 20 |
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| 397 | 397 | | (B) Recovered feedstock is not mixed with solid waste or hazardous waste onsite or during 21 |
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| 398 | 398 | | conversion at an advanced recycling facility. 22 |
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| 399 | 399 | | (C) Recovered feedstock shall not be considered co-mingled recyclable materials. 23 |
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| 400 | 400 | | (10)(14) “Recyclable materials” means those materials separated from solid waste for 24 |
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| 401 | 401 | | reuse. The director of the department of environmental management through regulations shall 25 |
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| 402 | 402 | | specify those materials that are to be included within the definition of recyclables. The materials to 26 |
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| 403 | 403 | | be included may change from time to time depending upon new technologies, economic conditions, 27 |
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| 404 | 404 | | characteristics of the waste stream, environmental effects, or other factors. 28 |
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| 405 | 405 | | (11)(15) “Recycling” means the reuse of recovered resources in manufacturing, 29 |
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| 406 | 406 | | agriculture, power production, or other processes. 30 |
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| 407 | 407 | | (12)(16) “Resource recovery” means the processing of solid wastes in such a way as to 31 |
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| 408 | 408 | | produce materials or energy that may be used in manufacturing, agriculture, and other processes. 32 |
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| 409 | 409 | | (13)(17) “Resource recovery system” means the corporation’s integrated system of 33 |
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| 410 | 410 | | resource recovery consisting of a series of waste processing facilities designed to process a 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC002241 - Page 12 of 14 |
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| 414 | 414 | | minimum of seventy percent (70%) of the municipal and commercial solid waste streams by 1 |
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| 415 | 415 | | employing an on-site waste separation technology for the purpose of recycling and/or reusing a 2 |
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| 416 | 416 | | minimum of seventy percent (70%) of the solid waste stream, and minimal use of landfills for the 3 |
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| 417 | 417 | | purpose of providing temporary backup or bypass landfill capacity and residue disposal from waste 4 |
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| 418 | 418 | | processing facilities and any other related facilities and services. 5 |
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| 419 | 419 | | (14)(18) “Resource recovery system costs” means all operating costs of the system; debt 6 |
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| 420 | 420 | | service and other financing costs related to the resource recovery system; the costs of recycling 7 |
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| 421 | 421 | | grants-in-aid and similar obligations of the corporation; allocations for extraordinary and 8 |
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| 422 | 422 | | unexpected costs; and a pro-rata share of the corporation’s administrative expenses. 9 |
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| 423 | 423 | | (15)(19) “Resource recovery system revenues” means all amounts received by the 10 |
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| 424 | 424 | | corporation as municipal tipping fees, non-municipal tipping fees, energy revenues, revenues from 11 |
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| 425 | 425 | | the sale of recyclable materials, and all other revenues received with respect to the resource 12 |
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| 426 | 426 | | recovery system, but shall not include any landfill revenues and any amounts received as a state 13 |
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| 427 | 427 | | subsidy. 14 |
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| 428 | 428 | | (16)(20) “Revenues” means monies or income received by the corporation in whatever 15 |
|---|
| 429 | 429 | | form, including but not limited to fees, charges, lease payments, interest payments on investments, 16 |
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| 430 | 430 | | payments due and owing on account of an instrument, contract, or agreement between the 17 |
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| 431 | 431 | | corporation, any municipality, or person, gifts, grants, or any other monies or payments to which 18 |
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| 432 | 432 | | the corporation is entitled under the provisions of this chapter or any other law, or of any agreement, 19 |
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| 433 | 433 | | contract, or indenture. 20 |
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| 434 | 434 | | (17)(21) “Segregated solid waste” means material which has been separated from the waste 21 |
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| 435 | 435 | | stream at the generation source for the purpose of recovering and recycling the materials but does 22 |
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| 436 | 436 | | not include post-use polymers or recovered feedstocks. 23 |
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| 437 | 437 | | (18)(22) “Solid waste” means garbage, refuse, sludge from a waste treatment plant, water 24 |
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| 438 | 438 | | supply treatment plant, or air pollution control facility and other discarded materials, including 25 |
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| 439 | 439 | | solid, liquid, semisolid, or contained gaseous material generated by residential, institutional, 26 |
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| 440 | 440 | | commercial, industrial, and agricultural sources but does not include solids or dissolved materials 27 |
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| 441 | 441 | | in domestic sewage. Solid waste does not include post-use polymers or recovered feedstocks. 28 |
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| 442 | 442 | | (19)(23) “Solid waste management facility” means any plant, structure, equipment, and 29 |
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| 443 | 443 | | other property, real, personal, or mixed, or the modification or replacement of any of the foregoing, 30 |
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| 444 | 444 | | for the receipt, storage, treatment, utilization, processing, transporting, or final disposition of or 31 |
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| 445 | 445 | | recovery of resources from solid waste other than segregated solid waste, or any facility which 32 |
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| 446 | 446 | | disposes of solid waste by reconstituting, converting, or otherwise recycling it into material which 33 |
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| 447 | 447 | | is not waste; or any property or system to be used in whole or in part for any of the previously 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC002241 - Page 13 of 14 |
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| 451 | 451 | | mentioned purposes, whether or not another purpose is also served by it; or any other property or 1 |
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| 452 | 452 | | system incidental to, or which has to do with, or the end purpose of which, is any of the foregoing; 2 |
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| 453 | 453 | | or any combination of two (2) or more of the foregoing. Solid waste management facilities shall 3 |
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| 454 | 454 | | not include advanced recycling facilities. 4 |
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| 455 | 455 | | (20)(24) “Statewide resource recovery system development plan” means that plan which 5 |
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| 456 | 456 | | will specify the location, size, and type of solid waste management facilities that may be required 6 |
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| 457 | 457 | | to develop an integrated statewide resource recovery system for the effective management of solid 7 |
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| 458 | 458 | | waste in Rhode Island. It will also specify a proposed schedule by which the component facilities 8 |
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| 459 | 459 | | will be phased into the statewide system, and it will provide for the administrative and financial 9 |
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| 460 | 460 | | requirements for implementing the plan. 10 |
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| 461 | 461 | | (21)(25) “Waste management” means actions taken to effectuate the receipt, storage, 11 |
|---|
| 462 | 462 | | transportation, and processing for resource recovery and recycling, or for the ultimate disposal, of 12 |
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| 463 | 463 | | solid waste. 13 |
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| 464 | 464 | | (22)(26) “Waste processing facility” means a solid waste facility employing recycling 14 |
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| 465 | 465 | | based technology employing an on-site waste separation technology designed to process both 15 |
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| 466 | 466 | | nonsource separated and source separated solid waste for the purpose of recycling, and/or 16 |
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| 467 | 467 | | composting, and/or reusing a minimum of seventy percent (70%) of the municipal and commercial 17 |
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| 468 | 468 | | solid waste streams. 18 |
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| 469 | 469 | | SECTION 5. This act shall take effect upon passage. 19 |
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| 470 | 470 | | ======== |
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| 471 | 471 | | LC002241 |
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| 472 | 472 | | ======== |
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| 473 | 473 | | |
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| 474 | 474 | | |
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| 475 | 475 | | LC002241 - Page 14 of 14 |
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| 476 | 476 | | EXPLANATION |
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| 477 | 477 | | BY THE LEGISLATIVE COUNCIL |
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| 478 | 478 | | OF |
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| 479 | 479 | | A N A C T |
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| 480 | 480 | | RELATING TO HEALTH AND SAFETY -- REFUSE DISPOSAL |
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| 481 | 481 | | *** |
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| 482 | 482 | | This act would provide a definition for "advanced recycling" and "advanced recycling 1 |
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| 483 | 483 | | facility" which would mean a facility and recycling process that receives, stores and converts post-2 |
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| 484 | 484 | | use polymers and recovered feedstocks it receives using advanced recycling and would establish a 3 |
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| 485 | 485 | | plastics recycling mandate for certain businesses. 4 |
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| 486 | 486 | | This act would take effect upon passage. 5 |
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| 487 | 487 | | ======== |
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| 488 | 488 | | LC002241 |
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| 489 | 489 | | ======== |
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| 490 | 490 | | |
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