Section 250-RICR-140-05-1.10 - Existing Organic Waste Recycling Facilities and Solid Waste Management FacilitiesA. Note: § 1.10 of this Part does not apply to Small-Scale Composting Operations.B. General Applicability: Existing Organic Waste Recycling Facilities and Solid Waste Management Facilities shall comply with the provisions of these Rules and Regulations on and after the effective date, except for the following: 1. Existing sanitary landfills shall comply with §§2.1.8(B)(8), (9), and (10) of this Subchapter for the placement of new groundwater monitoring wells. Water quality sampling and analysis must be performed in accordance with §§2.1.8(B)(11) and 2.1.8(D) of this Subchapter. Existing sanitary landfills must revise their facility operating plans to comply with these Rules within (6) months of the effective date.2. Existing sanitary landfills shall comply with §§2.1.9 and 2.2.12 of this Subchapter and § 1.9(O) of this Part relating to closure of the facility. A revised closure plan in compliance with these Rules must be submitted at the time of the facility's next license renewal date. An existing sanitary landfill that closes prior to its next license renewal date may do so in accordance with its existing approved closure plan.3. Existing sanitary landfills shall continue to comply with its existing approved operating plan and with the General Operating Standards described in § 1.9 of this Part and with the Sanitary Landfill Operating Standards described in § 2.3 of this Subchapter, except for §2.3.2 of this Subchapter. Existing sanitary landfills may continue to operate within the two hundred foot (200') buffer rule only in areas approved in their existing license and operating plan.4. All lateral expansions into unfilled areas that have also been approved for landfilling in a facility's existing license and operating plan must comply with the liner requirements described in §§ 2.1, 2.2, and 2.3 of this Subchapter. These liner requirements apply to the placement of wastes in any unfilled licensed areas after October 9, 1993, as required by 40 C.F.R. Parts 257 and 258 (2017), incorporated above at § 1.3(A) of this Part.C. Currently Licensed or Registered Facilities: Operators of all Solid Waste Management Facilities or Organic Waste Recycling Facilities which are operating pursuant to a license or registration shall comply with these Rules and Regulations within six (6) months of the effective date, except as noted in § 1.10(B) of this Part, however, that if there is less than six (6) months' time between the effective date of these Rules and Regulations and the expiration of said license or registration, the operator shall have an additional ninety (90) days beyond said expiration date to comply with these Rules and Regulations.D. Other Existing Facilities: Operators of Solid Waste Management Facilities or Organic Waste Recycling Facilities which are operating pursuant to R.I. Gen. Laws § 42-35-14(c), or by agreement with or orders of the Department, or which have applied but have not yet received a license or registration for the current year during which these Rules and Regulations take effect shall have six (6) months from the effective date of these Rules and Regulations to comply.E. Existing Rules and Regulations: Where operators of existing facilities are given time to comply with the provisions of these Rules and Regulations pursuant to §§ 1.10(B), (C), and (D) of this Part, such operators shall continue to operate the facility in compliance with the provisions of this Subchapter and any licenses, approvals, or orders issued prior to the effective date of these Rules and Regulations.250 R.I. Code R. 250-RICR-140-05-1.10
Amended effective4/22/2020
Amended effective 12/31/2020
Amended effective 4/29/2021