250 R.I. Code R. 250-RICR-140-05-1.4

Current through October 15, 2024

Section 250-RICR-140-05-1.4 - Organization and Method of Operation

A. Organization

R.I. Gen. Laws §§ 23-18.9-8 and 23-18.9-9, establishes the Department of Environmental Management as the licensing agency for Solid Waste Management Facilities, and grants the Director the authority to establish Rules and Regulations to ensure proper, adequate, and sound solid waste management. R.I. Gen. Laws § 2-22-5 establishes the Department as the agency for purposes of registering composting facilities and grants the Director the authority to establish Rules and Regulations governing this registration process. R.I. Gen. Laws § 42-17.1-2(16), grants the Director the authority to establish minimum standards, subject to the approval of the Environmental Standards Board, for permissible types of refuse disposal facilities, the design, construction, operation, maintenance and location of disposal facilities. R.I. Gen. Laws § 4217.1-2(19), authorizes the Department to issue and enforce Rules, Regulations and orders as may be necessary to carry out its duties. R.I. Gen. Laws § 4217.1-2(21) authorizes the Department to give notice of alleged violations of law and to issue compliance orders, where appropriate.

B. Method of Operations and Powers

1. The Department shall adopt, amend, promulgate and enforce such Rules, Regulations and standards with respect to all Solid Waste Management Facilities, Organic Waste Recycling Facilities, and projects to be licensed or registered to further the accomplishment of the purposes of R.I. Gen. Laws Chapters 2-1, 2-22, 2-23, 5-51, 23-18.8, 23-18.9, 23-19, 23-19.1, 23-23, 23-63, 37-15.1, 42-17.1, 42-17.6, 44-27, and 46-12.

2. The Department shall receive applications from persons desirous of being licensed or registered as a Solid Waste Management Facility, Organic Waste Recycling Facility, or other facility specified by the Rules and Regulations or from applicants desirous of constructing such a facility or installing any equipment in such a facility. The application must be made upon forms provided by the Department and shall also contain such other information as the Department requires, which may include affirmative evidence of ability to comply with such Rules, Regulations and standards as are lawfully prescribed pursuant to R.I. Gen. Laws Chapters 2-1, 2-22, 2-23, 5-51, 23-18.8, 23-18.9, 23-19, 23-19.1, 23-23, 23-63, 37-15.1, 4217.1, 42-17.6, 44-27, and 46-12.3.

C. Office of Land Revitalization and Sustainable Materials Management

A unit of the Department of Environmental Management designated the Office of Land Revitalization and Sustainable Materials Management shall perform all duties related to administration of these Rules and Regulations. Such duties include the receipt, analysis, investigation, and processing of complaints, applications for licenses, registrations, and approvals, conducting of inspections, and determination of violations.

250 R.I. Code R. 250-RICR-140-05-1.4

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