Section 250-RICR-140-05-1.15 - Solid Waste Management Facilities, Organic Waste Recycling Facilities or Activities Located within the Environmental Management District (EMD)B. General Information 1. Applicability: This section shall apply to all Solid Waste Management Facilities, Organic Waste Recycling Facilities or activities regulated pursuant to R.I. Gen. Laws § 23-18.9-1et seq. that are undertaken within the area known as the Environmental Management District. The Department may at its sole discretion require facilities or activities in the vicinity of the Environmental Management District to comply with the onsite and offsite monitoring requirements pursuant to these Regulations.2. Onsite Monitoring a. Currently Licensed or Registered Facilities: All existing facilities shall submit air and water monitoring plans to the Department for approval within ninety (90) days after the Effective Date of these Regulations. In addition, at the time of license or registration renewal, all facilities shall include a monitoring plan as part of their renewal application.b. New Facilities: New facilities shall submit to the Department for approval air and water monitoring plans as part of their license or registration application.c. Solid Waste Management Activities and Organic Waste Recycling Activities: Any person who processes, treats or disposes of solid waste or recycles Organic Waste Materials within or in the vicinity of the Environmental Management District shall submit to the Department air and water monitoring plans for the Department's approval.d. Implementation: All facilities and persons shall implement their approved monitoring plan within thirty (30) days of approval by Department.e. Notification: The facility or person shall provide written notice to the Department at least one (1) week prior to each monitoring event.f. Duration: Onsite monitoring plans shall be implemented by the facility(s) or persons until notified in writing by the Department.g. Modifications: Any modifications of plans shall be submitted in writing to the Department and shall require written approval from the Department prior to implementation. The Department also reserves its right to require plan modification by the facility or person as deemed necessary.3. Offsite Monitoring: a. Any facility subject to the offsite monitoring requirement shall develop a monitoring plan within thirty (30) days of notification by the Department. Offsite monitoring plans must be implemented within thirty (30) days of Department approval.b. Offsite monitoring plans shall be implemented by the facility(s) or persons until notified otherwise in writing by the Department. Termination of offsite monitoring shall only be authorized after demonstration to the satisfaction of the Department that all impacts and adverse effects identified in the evaluation of the onsite data have been corrected.4. Evaluation: Data collected under the onsite and offsite ambient air and water monitoring plans shall be evaluated by both the RIDEM and the Department of Health. The Department of Health shall provide a written evaluation of these data to the host community(s), the facility(s), any oversight council or organization that focuses on the Environmental Management District, and any members of the public who request said evaluation.C. Onsite Monitoring Plan Requirements 1. General Requirements: All monitoring plans shall address air, surface water, and groundwater quality concerns at each facility, solid waste management activity or organic waste recycling activity. In addition, all monitoring plans shall include a site plan and a radius plan with the information required herein, in addition to information required in accordance with the Solid Waste Regulations for that type of facility or activity.a. All monitoring plans shall include detailed sampling and analysis criteria for both water and air monitoring. Said plans shall include, but not be limited to, a list of parameters to be monitored, sampling frequency, analytical methods including detection limits, and sampling locations.b. Site Plans: In addition to the site plan requirements in the Solid Waste Regulations relating to the type of operation or activity, all site plans shall show the topography of the facility or activity location and the locations of all activities and all operations conducted onsite. The site plan shall include the location of onsite buildings, paved areas, areas used for outdoor storage and/or disposal, and the location of all existing and/or proposed control measures used to reduce pollutants.c. Radius Plans: In addition to the radius plan requirements in the Solid Waste Regulations relating to the type of operation, all radius plans shall show the topography within one (1) mile of the facility or activity location as illustrated in the appropriate US Geological Survey Topographic Map, 7.5 minute series, and the location of all activities and operations conducted onsite. The radius plan shall also show the location of any waterbodies, including wetlands, located both onsite and offsite within a radius of one half (1/2) mile of the site, and the location of residential and commercial areas within a one (1) mile radius of the perimeter of the site.d. Monitoring Reports: Monitoring reports for each air or water sampling event shall be submitted by the facility or person to the Department within forty-five (45) days of the monitoring event unless directed otherwise by the Department. The facility or person shall notify the Department by telephone within twenty-four (24) hours of receipt of the data if results warrant immediate action, and follow up in writing within seven (7) days of receipt of the data by the facility or person. (1) Four (4) copies of the monitoring report shall be submitted to the Department in a hard copy report format that includes a detailed discussion of the sampling event, analytical results, and evaluation of data results.(2) Reports of water data shall include maps clearly indicating sampling locations, location and nature of site activities during the sampling period, and any other pertinent information.(3) The discussion of water data results shall incorporate and evaluate information from all groundwater and surface water sampling conducted at the site, including sampling required by other program or Regulations, so as to produce a comprehensive assessment of the potential contribution of pollutants from the facility or activity.(4) Reports of air data shall include maps clearly indicating sampling locations, and shall include information about meteorological conditions and locations and nature of site activities during the sampling period, and any other pertinent information.(5) The facility or person shall submit reports upon request to the Department, in an electronic format to be determined by the Department.(6) All plans must be approved by the Department prior to implementation.2. Air Monitoring Requirements: In addition to the general monitoring plan requirements set forth above, the air section of the monitoring plan shall include, but may not be limited to, the requirements set forth below: a. A list of air pollutants including substances which may be emitted from the facility or activity that have been classified by the EPA as Hazardous Air Pollutants or Criteria Air Pollutants or by the Department as Air Toxics. In addition, the plan shall identify all indicator gases to be sampled such as, but not limited to, methane for landfills.b. Landfills and C&D Processing Facilities: Air monitoring at landfills and facilities that process Construction & Demolition (C&D) debris shall be conducted at a minimum of four (4) locations as described below:(1) Two (2) at the facility's upwind perimeter;(2) Two (2) locations downwind of major activities on the facility's property. One (1) of these shall be located immediately downwind of the active working face, processing area or storage area; and at one (1) other at the facility's downwind perimeter.c. This monitoring shall be done at least quarterly for five (5) years after the operations began. Monitoring frequency may be changed as described in §§ 1.15(C)(2)(c) ((2)) through ((4)) of this Part. (1) In addition, sampling shall include, hydrogen sulfide concentrations at representative locations onsite and along the perimeter of the facility using a direct reading instrument.(2) The air monitoring section of the plan shall provide for an increased monitoring frequency if modeling or monitoring demonstrates exceedances of Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 - Air Toxics, Acceptable Ambient Levels (AALs) or other health criteria, or by objectionable odor violations. Increased monitoring frequency requirements shall include continuous monitoring at the perimeter of the facility.(3) The air monitoring frequency may revert to quarterly if the exceedances or odors that triggered the increased frequency do not recur in a six (6) month period, and if no other trigger situations have occurred in that time period.(4) Air monitoring shall be conducted for a minimum of five (5) years. After that time, the facility may petition the Department for reduction in frequency if all of the following conditions are met: (AA) Modeling or monitoring of a minimum twenty (20) quarterly consecutive monitoring rounds demonstrates compliance with Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 - Air Toxics.(BB) Test results have shown no exceedances and the Department has not determined that the facility has been emitting objectionable odors for a twelve (12) month period.(5) The Department may require the air monitoring frequency revert to a higher frequency based on sampling results or odor issues.d. All other Solid Waste Management Facilities, Organic Waste Recycling Facilities or Activities: Air monitoring plans for other types of Solid Waste Management Facilities, Organic Waste Recycling Facilities or activities within or in the vicinity of the Environmental Management District shall provide for monitoring for pertinent pollutants and be conducted at least annually upwind and downwind of the facility. The Department may require, at its discretion, a greater frequency and greater number of locations if warranted by the nature of the facility. (1) Air monitoring at the above facilities or activities may be reduced with the approval of the Department if no exceedances of AALs or other health criteria are observed in two (2) consecutive sampling rounds, the type and magnitude of solid waste management activities or organic waste recycling activities at the facility have remained constant, and no objectionable odors are observed by the Department during that period.(2) Sampling frequency may be increased if objectionable odors are observed by the Department or exceedances of AALs or other health criteria are measured or modeled from the results of sampling.(3) Any increase in sampling frequency may then be reduced if the situation does not recur in two (2) consecutive test rounds and if none of the conditions listed in § 1.14(C)(2)(c) ((2)) of this Part have occurred in that time period.3. Water Monitoring Requirements: In addition to the general monitoring plan requirements set forth above, the water section of the monitoring plan shall address, but may not be limited to, the requirements set forth below: a. The water section of the monitoring plan shall describe how the facility or person shall evaluate and quantify the contribution of pollutants to the surface water from the site, including both point and non-point contributing sources.b. Groundwater monitoring shall be required and shall include a sufficient number of wells to properly determine groundwater flow on the site and to properly characterize the hydrogeology of the site and surrounding area where required.c. The list of water pollutants to be sampled shall include, but not be limited to, potential air (where applicable) and water pollutants associated with the activities conducted at the site; the list of parameters the facility is required to monitor and analyze for by any other State and Federal program (including but not limited to a list of parameters for which the waterbody is known to be impaired as identified in the Rhode Island 303(d) List of Impaired Waters); and any other identified surface or groundwater parameters of concern.d. The surface water monitoring plan shall include a description of wet weather sampling procedures that shall be implemented at least once annually. The wet weather sampling events shall be collected during a storm event that follows an antecedent dry period of at least three (3) days. The storm event must be at least one half inch (1/2") per twenty-four (24) hours in magnitude.e. Quarterly water monitoring at the onsite location(s) shall be the minimum for all facilities or activities except where additional requirements exist. The Department may require more frequent monitoring based upon, but not limited to, verified complaints, enforcement actions, increase in pollutant loading or groundwater criteria, or other regulatory requirements. Additional requirements may also include monitoring of waterbody sediment, macroinvertebrate community, and/or fish tissue. Any increased monitoring that is required may be reduced if indicated by at least two (2) acceptable monitoring results, or submitting and implementing a corrective action plan to the satisfaction of the Department.D. Plan Review: The following criteria shall be utilized by the Department in review of submitted monitoring plans and reports.1. References: In the evaluation of the monitoring plans, the Department may consider, but is not limited to, the following: any impacts that may be injurious to human, plant, animal, or aquatic life, or cause damage to property or which unreasonably interfere with the enjoyment of life and property. The Department will also consider the requirements of the following Regulations and documents: Regulations of this Subchapter (Solid Waste); Chapter 120 of this Title (Air Resources); Subchapter 30 Part 1 of this Chapter, Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases; Part 150-05-1 of this Title, Water Quality Regulations; Part 150-10-1 of this Title, Regulations for the Rhode Island Pollutant Discharge Elimination System; Part 150-15-1 of this Title, Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act; Part 150-05-3 of this Title, Groundwater Quality Rules; the Rhode Island Soil Erosion and Sediment Control Handbook, State of Rhode Island Stormwater Design and Installation Standards Manual, the Technical Support Document for Water Quality-based Toxics Control, March 1991, EPA/505/ 2-90-001; Water Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B- 94-005a; and any other relevant standards, guidance, technical reference materials, or policies identified by the Department.2. Decisions: The Department may decide on the adequacy of the monitoring plan by approving the plan, denying the plan, or approving the plan with conditions.E. Public Notice Procedures: The following public notice procedures shall be followed prior to final onsite monitoring plan approval by the Department.1. General a. Currently Licensed or Registered Facilities: For all existing facilities, public notice shall be published in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq., after the air and water monitoring plan is reviewed and found to be substantially complete by the Department. The Department shall hold a public hearing when so requested in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq.b. New Licenses: All new Solid Waste Management Facility licenses or Organic Waste Recycling Facility licenses shall follow the public hearing process defined by State statute.c. New Registrations: For all new Organic Waste Recycling Facility registrations, public notice shall be published in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq., after the air and water monitoring plan is reviewed and found to be substantially complete by the Department. The Department shall hold a public hearing when requested in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq.d. Solid Waste Management Activities or Organic Waste Recycling Activities: For all solid waste management activities or organic waste recycling activities, public notice shall be published in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq., after the air and water monitoring plan is reviewed and found to be substantially complete by the Department. A written copy of the proposed notice shall be submitted to the Department by the facility for review and approval prior to publication. The Department shall hold a public hearing when so requested in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq.2. Distribution: All facilities or persons shall provide written copies of the monitoring plan for distribution to the appropriate town halls, town libraries, and RIDEM and the Department of Health. The facilities or persons shall also provide an electronic copy of the monitoring plan to RIDEM and the Department of Health to facilitate distribution and for publication on RIDEM and the Department of Health websites. Each facility or person shall pay for the costs of distribution, public notice, and stenographic services associated with the public notice and hearing procedures for their facility.3. Petitions and Appeals: Petitions and appeals shall be submitted in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 4235-1et seq.F. Offsite Monitoring Plan Requirements: The Offsite monitoring plan shall address, but may not be limited to, the requirements set forth below. 1. General a. The development and implementation of offsite monitoring will be in accordance with the R.I. Gen. Laws § 23-18.9-14.b. If, upon the evaluation of the results of the onsite monitoring, RIDEM and the Department of Health Directors jointly determine that any facility or activity within or in the vicinity of the Environmental Management District is causing emissions of air or water pollutants at levels that may cause adverse health impacts, create objectionable or nuisance odors, or otherwise adversely impact human health or the environment, either individually or in conjunction with other sources in the surrounding community(s), the Department Director, in consultation with the Health Director, shall require the facility(s) or activity(s) to develop and implement offsite ambient air and/or water monitoring plans within and in the vicinity of the Environmental Management District and for areas impacted by the facilities as determined by Department of Health.c. The offsite monitoring plans shall include all the requirements set forth in § 1.14(B) of this Part.2. Any facility or activity subject to the offsite monitoring requirement shall develop the monitoring plan within thirty (30) days of notification by the Department. Offsite monitoring plans must be implemented within thirty (30) days of Department approval.3. Offsite monitoring plans shall address all impacts and adverse effects identified in the evaluation of the onsite data. The plan shall be adequate to evaluate impacts to human health and the environment in the vicinity of the Environmental Management District. Onsite monitoring shall continue during the development and implementation of the offsite monitoring plan.4. Plan Review: The criteria specified in § 1.14(C) of this Part shall be utilized by the Department in reviewing submitted offsite monitoring plans and reports.5. Duration: Offsite monitoring plans shall be implemented by the facility(s) or persons until notified in writing by the Department. Termination of offsite monitoring shall only be authorized after demonstration to the satisfaction of the Department that all impacts and adverse effects identified in the evaluation of the onsite data have been corrected.6. Access to Offsite Properties: a. The facility or person shall use best efforts to secure access to offsite properties owned or controlled by persons other than the facility owner for implementation of the approved offsite monitoring plan.b. If any access required to conduct monitoring is not obtained within forty-five (45) days of the date the Department notifies the facility or person in writing that offsite monitoring shall be performed, the facility or person shall promptly notify the Department in writing, and shall include in that notification a summary of the steps the facility or person has taken to attempt to attain access.c. If the facility or person is unable to obtain access, the Department may require the next best alternative location on accessible property, public or private.G. Enforcement Any Facility or person not complying with any of the above requirements may be subject to enforcement action at the discretion of the Department including the assessment of penalties or other action pursuant to R.I. Gen. Laws § 23-18.9-1et seq. The Department may also prepare and implement onsite and/or offsite monitoring plans for a non-compliant facility or person. Noncompliant facilities or persons shall be responsible for and required to reimburse the Department for all costs, including interest, incurred in developing and implementing such a plan(s). Failure to develop and/or implement such plans, or reimburse the Department for preparing and implementing such plans, shall be grounds for suspension, denial, and/or revocation of the facility license or registration.
250 R.I. Code R. 250-RICR-140-05-1.15
Amended effective4/22/2020
Amended effective 12/31/2020
Amended effective 4/29/2021