Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 8 - Solid Waste Regulation No.8, Rhode Island Organic Waste Recycling Facilities (Composting Regulations) › Section 250-RICR-140-05-8.1 - Findings and Policy

Current through June 14, 2024
A. Purpose
These Rules and Regulations are intended to minimize
					 environmental hazards associated with the operation of leaf and yard waste
					 composting facilities, putrescible waste composting facilities, mixed solid
					 waste composting facilities and anaerobic digestion facilities. These Rules and
					 Regulations are also designed to promote planning and implementation of Solid
					 Waste Management Facilities and Organic Waste Recycling Facilities where
					 necessary and desirable throughout the state.
B. Authority
These Rules and Regulations are promulgated pursuant to the
					 requirements and provisions of R.I. Gen. Laws Chapters 2-1, "Agricultural
					 Functions of Department of Environmental Management"; 2-22, "Rhode Island Soil
					 Amendment Law"; 2-23, "Rhode Island Right to Farm Act"; 5-51, "Rhode Island
					 State Board of Examiners of Landscape Architects"; 23-18.8, "Rhode Island
					 Recycling Act"; 23-18.9, "Refuse Disposal"; 23-19, "Rhode Island Resource
					 Recovery Corporation Act"; 23-19.1, "Hazardous Waste Management Act"; 23-23,
					 "Air Pollution"; 23-63, "Vehicle Tire Storage and Recycling"; 37-15.1,
					 "Hard-to-Dispose Material-Control and Recycling"; 42-17.1, "Department of
					 Environmental Management"; 42-17.6, "Administrative Penalties for Environmental
					 Violations"; 44-27, "Taxation of Farm, Forest, and Open Space Land"; and 46-12,
					 "Water Pollution"; in accordance with the provisions of R.I. Gen. Laws Chapter
					 42-35, "Administrative Procedures Act".
C. Application
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to allow the Department to effectuate the purposes
					 of state law, goals and policies.
D. Function
The primary functions of the Department are the regulation
					 of solid waste and to grant, deny, suspend or revoke licenses and registrations
					 for the operation of Solid Waste Management Facilities and Organic Waste
					 Recycling Facilities and to grant, deny, suspend or revoke approval of the
					 plans and specifications for the construction of Solid Waste Management
					 Facilities and Organic Waste Recycling Facilities and the installation of any
					 equipment in such facilities. Any and all Solid Waste Management Facilities and
					 Organic Waste Recycling Facilities, licensed or not licensed (or registered or
					 not registered), and projects including control and remediation shall be
					 subject to the regulatory and enforcement activities of the
					 Department.
E. Severability
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
F. Superseded Rules and Regulations
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations, and any policies regarding the administration
					 and enforcement of the pertinent sections of the chapters of the R.I. Gen. Laws
					 listed in §
											1.2(B) of
					 this Subchapter shall be superseded. However, any enforcement action taken by,
					 or application submitted to, the Department prior to the effective date of
					 these Rules and Regulations in effect at the time the enforcement action was
					 taken, or application filed.
G. Definitions:
See Solid Waste Regulation No. 1, §
											1.5 of this Subchapter for
					 all pertinent definitions for these regulations.