250 R.I. Code R. 250-RICR-140-05-1.16

Current through October 15, 2024

Section 250-RICR-140-05-1.16 - Management of Street Sweepings in Rhode Island

A. Acceptable Restricted Uses for Street Sweepings: Street sweepings are exempt from the Refuse Disposal Act, R.I. Gen. Laws § 23-18.9-1, and the Rules and Regulations promulgated thereto provided they are used in the following ways:

1. Landfill cover material at a licensed or permitted facility, subject to any additional requirements by the licensee;

2. Roadway base or any base course application that will subsequently be covered with an asphalt or concrete layer;

3. Backfill for public works construction projects such as drainpipes, culverts, or other drainage structures;

4. Used by itself or mixed with new or virgin sand and/or salt and re-applied during winter storm operations.

B. Unrestricted Uses for Street Sweepings: Street sweeping are exempt from the Refuse Disposal Act, R.I. Gen. Laws § 23-18.9-1, and the Rules and Regulations promulgated thereto and can be used as clean fill provided:

1. The owner or generator submits a written application to the Department for review and approval prior to utilizing street sweepings as unrestricted fill. The written application shall include a sampling plan, laboratory analytical reports, method of storage, length of time the materials are expected to be stored, and how the material will ultimately be used. Such written applications will be reviewed by the Department on a case by case basis.

2. They are screened; and

3. Laboratory analysis for Total Petroleum Hydrocarbons, Toxicity Characteristic Leaching Procedure and Total Lead demonstrates to the satisfaction of the Department that the street sweepings will not pose a threat to human health and safety and the environment.

C. Unacceptable Uses or Storage of Street Sweepings: Use of street sweepings inconsistent with §§ 1.16(A) and (B) of this Part are subject to the requirements of the Refuse Disposal Act, R.I. Gen. Laws § 23-18.9-1et. seq. and Rules and Regulations promulgated thereto. In addition, the following restrictions and limitations apply to the use or storage of street sweepings:

1. Street sweepings shall not be used as an unrestricted fill in areas that will expose the street sweepings to human contact. This would include material placed on residential properties or public parks and playgrounds.

2. Street sweepings shall not be utilized as a fill in environmentally sensitive areas, such as: regulated freshwater or coastal wetlands, drinking water watersheds, wellhead protection areas, GAA groundwater classification zones, within two hundred feet (200') of private drinking water wells or in any other manner that would be inconsistent with any Federal, State or local laws or Regulations.

3. Property owners and operators shall not speculatively accumulate street sweepings at a property for potential re-use. All street sweepings brought to any property for storage shall be utilized for their intended re-use within one (1) year of deposition at the property. Street sweepings that have not been utilized within one (1) year, shall be removed from the property for either re-use in accordance with §§ 1.16(A) or (B) of this Part or disposal at a licensed solid waste management facility.

250 R.I. Code R. 250-RICR-140-05-1.16

Amended effective4/22/2020
Amended effective 12/31/2020
Amended effective 4/29/2021