2009 Rhode Island Code
Title 23 - Health and Safety
CHAPTER 23-18.9 - Refuse Disposal
§ 23-18.9-8 - Licenses.

SECTION 23-18.9-8

   § 23-18.9-8  Licenses. – (a) No person shall operate any solid waste management facility or construction and demolition (C&D) debris processing facility or expand an existing facility unless a license is obtained from the director except as authorized by § 23-18.9-8. The director shall have full power to make all rules and regulations establishing standards to be met for the issuance of the licenses.

   (2) The director shall promulgate rules and regulations governing the uses and content of materials accepted and generated by a construction and demolition debris processing facility. Any costs associated with testing these materials by the facility or by the department to verify the results of the facility's tests shall be borne by the facility. Each facility shall be required to establish a fund with the department to cover the cost of these tests.

   (b) Any person who desires to construct a solid waste management facility or install any equipment in a solid waste management facility must first submit to the director for approval plans and specifications and other related data required by the director.

   (c) Processing facilities that accept less than one hundred and fifty (150) tons per day of construction and demolition debris (C&D) are exempt from the requirement of obtaining a solid waste management facility license; however, they are not exempt from complying with all other applicable requirements for the construction and operation of a construction and demolition debris processing facility and are subject to the rules and regulations for these facilities promulgated in accordance with this section.

   (d) No construction and demolition debris processing facility shall be issued a license unless it has submitted a fire protection plan which has been approved by the local fire chief, or his or her designee in which the facility is located.

   (e) The local fire chief or his or her designee is authorized to conduct random, unannounced inspections of facilities licensed under this section to insure continued compliance with the approved fire protection plan. If any facility at the time of inspection is found not to be in compliance with the approved plan that facility shall immediately cease operation until the time that they correct any deficiency and the local fire chief or his or her designee finds the facility is in compliance with the approved fire protection plan.

   (f) Any facility that is found to be in violation of the fire protection plan under this section on three (3) separate inspections, within any three (3) year time period, shall have its license to operate under this section revoked.

   (g) A municipality that desires to evaluate available technologies, equipment, or methodologies for managing solid waste, may request approval from the director to perform a limited demonstration pilot project prior to submission of an application for a license. Demonstration projects shall not exceed fifty (50) tons per day maximum capacity. The municipality must first submit to the director, for approval, plans and specifications including fire protection plans and other related data as required by the director. The municipality shall also give public notice of the request and allow a thirty (30) day period for the director to receive public comment on the proposed project. After the close of the public comment period, the director is authorized to approve or deny the request. Approval for a demonstration pilot project shall be granted for a period not exceeding six (6) months.

   (h) Any facility that is licensed or registered by the department under this chapter as of July 1, 2006 that accepts greater than three (3) cubic yards of tree waste as defined by subsection 23-18.9-7(14) shall be considered an existing tree waste management facility. Existing tree waste management facilities shall notify the department and the local fire chief of the existence and scope of their tree waste management activities in writing no later than August 30, 2006, and shall incorporate their tree waste management activities in a revised operating plan as part of the next renewal of their license or registration.