Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 7 - Solid Waste Regulation No. 7 Facilities That Process Construction and Demolition Debris (250-RICR-140-05-7) › Section 250-RICR-140-05-7.1 - General Information and Required Plans

Current through June 14, 2024
A. General
				  Information:
1. Pursuant to R.I. Gen. Laws
				  §
											23-18.9-8, any person who desires
				  to construct, develop, establish, manage, own, operate, or maintain a
				  construction and demolition debris processing facility, as defined in §
											1.5 of this Subchapter must
				  obtain a solid waste management facility license from the Department in
				  accordance with the requirements set forth in §§
											1.8 of this Subchapter and
				  7.5 of this Part.
2. Processing
				  facilities that accept fifty (50) tons per day or less of construction and
				  demolition debris, as construction and demolition debris is defined by R.I.
				  Gen. Laws §
											23-18.9-7(7) and
				  §
											1.5 of
				  this Subchapter, 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, which shall include submittal and approval
				  of all applicable required information prior to operation, for the construction
				  and operation of a construction and demolition debris processing facility, and
				  are subject to the Rules and Regulations for such facilities. A "License
				  Exemption Form" shall also be completed and filed with the Department to
				  register qualifying facilities.
3.
				  Facilities that which receive any of the following types of materials do not
				  qualify for the exemption set forth in §
											7.1(A)(2) 
				  of this Part and must apply for a solid waste management facility license.
				  These materials include solid waste that is not construction and demolition
				  debris (even if resulting from the construction, remodeling, repair and
				  demolition of structures and roads and land clearing), including but not
				  limited to, asbestos, garbage, corrugated container board, electrical fixtures
				  containing hazardous liquids such as fluorescent lights, fluorescent light
				  ballasts or transformers, carpeting, furniture, appliances, tires, drums,
				  containers greater than ten gallons in size, any containers having more than
				  one inch of residue remaining on the bottom, and fuel tanks. Specifically
				  excluded from the definition of construction and demolition debris is solid
				  waste (including what otherwise would be construction and demolition debris)
				  resulting from any processing technique, other than that employed at a
				  Department-approved construction and demolition debris processing facility,
				  that renders individual waste components unrecognizable, such as pulverizing or
				  shredding.
4. No license or
				  registration shall be issued or be renewed if the facility has any existing
				  violations of these Rules and Regulation during the time of application or
				  request for renewal. The Department is authorized to deny, suspend, or revoke a
				  license or registration, or deny a license renewal or registration renewal
				  where it finds there has been a failure to comply with regulations established
				  by the Department, or where the applicant, licensee, or registrant is not in
				  compliance with any approved operating plan or engineering plans adopted
				  pursuant to these Rules and Regulations. The Department may also issue a Notice
				  of Violation with administrative penalties. Licenses and registrations issued
				  pursuant to this section are non-transferrable.
5. Granting of a license, license renewal,
				  registration, or permission for an equipment addition shall in no way effect
				  the applicant's responsibility to meet all federal and State laws, local zoning
				  and other local codes or ordinances.
6. Construction and demolition debris
				  processing facilities and other processing facilities that accept fifty (50)
				  tons per day or less of construction and demolition debris must demonstrate,
				  through records maintained at the facility, and provided to the Department
				  (upon request), that seventy-five percent (75%) of all material received by the
				  facility are processed and removed from the site within six (6) weeks of
				  receipt on a continuous basis, and that in no case stores material on site for
				  over three (3) months.
7. All solid
				  waste management facilities that process or separate construction and
				  demolition debris and generate screenings and/or wood chips must comply with
				  §
											7.3 of
				  this Part.