250 R.I. Code R. 250-RICR-140-05-1.6

Current through October 15, 2024

Section 250-RICR-140-05-1.6 - Prohibitions

A. General: No person shall construct, develop, establish, manage, own or maintain a Solid Waste Management Facility or Organic Waste Recycling Facility, without first having obtained approval issued by the Department. No person shall operate a Solid Waste Management Facility or Organic Waste Recycling Facility without first having obtained a license or registration to operate from the Department. Small-Scale Composting Operations are excluded from these requirements.

B. Water

1. Surface Water Pollution: A Solid Waste Management Facility, Organic Waste Recycling Facility, or practice, whether licensed or unlicensed, shall not cause pollution of the waters of the United States so as to violate the Water Pollution Act, 1956, R.I. Gen. Laws Chapter 46-12, or §402 of the Clean Water Act, 33 U.S.C. § 12.51et seq., nor shall the facility or practice cause a discharge of dredged material or fill in violation of §404 of the Clean Water Act.

2. Groundwater Pollution: A Solid Waste Management Facility, Organic Waste Recycling Facility, or practice, whether licensed or unlicensed, shall not cause pollution of groundwater beyond the licensed, registered or operational area of the facility. In addition, the facility shall comply with the requirements of the Clean Water Act, 33 U.S.C. § 1251et seq., and the Regulations adopted pursuant to the Act, specifically 40 C.F.R. § 257.3-4 (2017), incorporated above at § 1.3(A) of this Part.

C. Air

1. Open Burning: Open burning of any type at a Solid Waste Management Facility or Organic Waste Recycling Facility, whether licensed or unlicensed, shall be prohibited.

2. Air Standards: A Solid Waste Management Facility or Organic Waste Recycling Facility, whether licensed or unlicensed, shall not violate the following:

a. State implementation plans approved or promulgated pursuant to R.I. Gen. Laws Chapter 23-23; the Rules and Regulations adopted to implement such Chapter, and any applicable provisions of the Clean Air Act, 42 U.S.C. § 7410.

b. The Rhode Island Air Pollution Control Act, R.I. Gen. Laws Chapter 23-23, and the Rules and Regulations promulgated thereunder.

D. Odors: A Solid Waste Management Facility or Organic Waste Recycling Facility, whether licensed or unlicensed, shall not emit or cause to be emitted into the atmosphere any air contaminant or combination of air contaminants which creates an objectionable odor beyond the property line of said facility. Odor evaluations shall be conducted by Department personnel to determine if an odor is objectionable by taking into account its nature, concentration, location, duration, and source.

E. Low Level Radioactive Waste: The disposal of low level radioactive waste at an Organic Waste Recycling Facility or Solid Waste Management Facility is prohibited. All low level radioactive waste must be managed in accordance with 216-RICR- 40-20-1, General Provisions and Standards for Protection Against Radiation.

F. Facilities Prohibited from Operating: Facilities that meet any of the following characteristics shall be prohibited from operating in the State of Rhode Island, and shall be subject to any and all enforcement actions under the authority of the R.I. Gen. Laws Chapters 23-18.9, 23-19, and 42-17.1.

1. Facilities that accept or store co-mingled recyclable materials, including wood waste and construction and demolition debris, without obtaining a license, registration, or approval from the Department.

2. Facilities that accumulate material speculatively and/or facilities that accept or store co-mingled recyclable materials and operate outside the confines of a closed structure without obtaining a license, registration, or approval from the Department.

250 R.I. Code R. 250-RICR-140-05-1.6

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