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-140-05-8.13 - Anaerobic Digestion Facility License Requirements

Current through June 14, 2024
A.
				  General Information
1. No person shall
				  construct or operate an anaerobic digestion facility unless said person has
				  received a license approved by the Director.
2. One (1) copy of the license application
				  shall be submitted to the Office of Land Revitalization and Sustainable
				  Materials Management. In addition, the applicant shall provide a copy of the
				  application in an approved electronic format to the Office of Land
				  Revitalization and Sustainable Materials Management.
3. It is the responsibility of the applicant
				  to obtain all necessary permits or approvals required by federal, state and
				  local laws and regulations. Cooperation with the Office of Land Revitalization
				  and Sustainable Materials Management will not be construed as relieving the
				  applicant of this obligation.
4.
				  Granting of a license, license renewal or permission for an equipment addition
				  shall in no way affect the applicant's responsibility to meet all federal and
				  state laws, local zoning and other local codes or ordinances.
5. If the digestate solids will be composted
				  and composting will be performed either on-site or off-site in Rhode Island by
				  this same entity, then the entity shall also submit an application for a
				  putrescible waste composting facility registration, per §
											8.7 of this Part and submit
				  the applicable details/requirements of that rule. Digestate solids may also be
				  sent offsite for composting to any entity at a site in Rhode Island, provided
				  that the entity is either a registered putrescible waste composting facility or
				  a licensed mixed solid waste composting facility. The final compost product
				  shall meet the product and distribution requirements per §
											8.12 of this Part. If the
				  digestate solids are sent out of state for composting, then the applicable
				  state's regulations for composting shall apply.
6. If any portion of the digestate is
				  processed into or distributed as a fertilizer, and the distribution is for use
				  in Rhode Island, then the fertilizer shall meet the requirements of the RIDEM
				  Rules and Regulations Relating to Fertilizers, Part 40-20-10 of this Title, as
				  well as those of R.I. Gen. Laws Chapter 2-7. Otherwise, it shall satisfy the
				  requirements of the state it is distributed to.
7. All activities related to the operation of
				  an anaerobic digestion facility shall be conducted within the confines of an
				  enclosed building, structure or vessel. Activities include receiving and
				  preparing feedstock, anaerobic digestion, handling and management of digestate,
				  composting and storage of finished compost. The applicant may petition the
				  Department to conduct an activity outside the confines of an enclosed building,
				  structure, or vessel if it can be demonstrated that the facility will not
				  impact the surrounding community pursuant to §
											8.1(L)(2) 
				  of this Part of the Anaerobic Design Standards.
8. Required Plans - In addition to meeting
				  the general requirements set forth in §
											1.5 of this Subchapter, each
				  applicant for a license to construct and operate an anaerobic digestion
				  facility is required to submit:
a. Radius
				  Plan pursuant to §
												8.3(C) of
				  this Part;
b. Site Plan pursuant to
				  §
												8.3(D) of
				  this Part;
c. Construction and
				  Engineering Plans and Specifications pursuant to §
												8.3(E) of
				  this Part;
d. Description of Design
				  and Operation of Facility pursuant to §
												8.3(F) of
				  this Part;
e. Odor and aesthetic
				  considerations pursuant to §
												8.3(G) of
				  this Part;
f. Operating Plan
				  pursuant to §
												8.3(H) of
				  this Part;
g. Product Storage and
				  Marketing Plan pursuant to §
												8.3(I) of
				  this Part;
h. Facility Closure Plan
				  pursuant to §
												8.13(J) of
				  this Part.