Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.8 - Issuance, Renewal, and Conditions of Licenses and Registrations

Current through June 14, 2024
A. Note: §
										1.8 of this Part does not
				  apply to Small-Scale Composting Operations and Medium-Scale Composting
				  Facilities, except for the requirements in §§
										1.8(I) (1),
				  1.8(I)(4),
				  1.8(J), and
				  1.8(K) of
				  this Part.
B. General Issuance and
				  Renewal of Licenses and Registrations: Any person who desires to construct,
				  develop, establish, manage, own, operate, or maintain a Solid Waste Management
				  Facility or Organic Waste Recycling Facility must obtain a license or
				  registration from the Department. A license or license renewal shall be issued
				  for a period of three (3) years from the date of issuance, unless sooner
				  suspended or revoked. Relative to any Organic Waste Recycling Facilities that
				  require registration, the registration or registration renewal shall be issued
				  for a period of three (3) years from the date of issuance, unless sooner
				  suspended or revoked. Each license, license renewal, registration, or
				  registration renewal shall be issued only for the facility named in the
				  application and shall not be transferable or assignable except with the written
				  approval of the Department. Each license, license renewal, registration, or
				  registration renewal shall show compliance with these Rules and
				  Regulations.
C. Posting of License
				  or Registration: A license or registration issued hereunder shall be the
				  property of the State. It shall be kept posted in a conspicuous place on the
				  licensed or registered facility and must be kept legible and protected from the
				  weather. The license or registration conveys no property right to the licensee
				  or registrant and the licensee or registrant acknowledges this fact through its
				  submission of an application for a license or registration.
D. Change of Ownership, Administration and/or
				  Location
1. Change in ownership or membership
				  of the legal entity conducting, maintaining, or operating the facility:
a. Prior to this change, all information
				  requested by the Department shall be submitted for its review and approval, as
				  required to perform an appropriate background check on the prospective new
				  owner or legal entity.
b. Prior to
				  this change, an updated operating plan shall be submitted to the Department
				  that shows all operating changes that will occur as a consequence of the owner
				  or legal entity change. Note, any significant amendments and/or revisions to
				  the operating plan or facility will require the issuance of a new license or
				  registration (versus renewal).
c.
				  If the prospective new owner or legal entity is acceptable to the Department,
				  per the background check, and if the updated operating plan is also acceptable
				  to the Department, then the prospective new owner or legal entity shall submit
				  a fee equal to the license renewal fee or registration renewal fee for the
				  applicable type of Solid Waste Management Facility or Organic Waste Recycling
				  Facility, pursuant to §
												1.14 of this Part. The
				  Department shall, in turn, issue a full-term renewal license for a facility
				  that must be licensed or a registration renewal for any facility that must be
				  registered.
d. When the change in
				  ownership or legal entity becomes effective, the previous owner's or legal
				  entity's license or registration becomes void and must be immediately returned
				  to the Department.