250 R.I. Code R. 250-RICR-140-05-1.7

Current through October 15, 2024

Section 250-RICR-140-05-1.7 - General Requirements and Procedures

A. Note: § 1.7 of this Part does not apply to Small-Scale Composting Operations and Medium-Scale Composting Facilities, except for § 1.7(F) of this Part.

B. Plans and Specifications

1. Initial Application: Applications for licenses and registrations must include plans and specifications. All applicants, regardless of facility type, must demonstrate their ability to comply with all General Operating Standards set forth in § 1.9 of this Part, as well as the general requirements in this Rule. Each applicant must also submit all plans and specifications required for the particular type of facility, as enumerated in Parts 2 through 8 of this Subchapter.

2. Renewal Application: Applications for renewal of licenses and registrations must include the submission of the facility's operating plan as required for the particular type of facility enumerated in Parts 2 through 8 of this Subchapter. The operating plan must be updated to include all changes, additions or deletions that have occurred within the last licensing or registration period and that are anticipated for the new licensing or registration period.

C. Time of Application: The application for approval to construct, develop, establish, manage, own, or maintain a license or registration to operate a Solid Waste Management Facility or Organic Waste Recycling Facility shall be submitted at least nine (9) months prior to the planned opening date for an original license or registration, and three (3) months prior to the expiration date for renewal of a license or registration.

D. Documentation of Ownership: Each application shall be accompanied by:

1. A list of the direct and indirect owners of the proposed Organic Waste Recycling Facility or Solid Waste Management Facility and the underlying real property, whether individual, partnership, corporation, or other form of organization. If a corporation, the list shall include all officers, directors and other persons owning ten percent (10%) or more of the corporate stock.

2. In the event that a person other than the owner of the underlying real property, or of the facility, is responsible for the operation of the Organic Waste Recycling Facility or Solid Waste Management Facility, each person shall comply with the requirements of § 1.7(D)(1) of this Part.

E. Certification: Each application, plan, report, or document or any associated progress reports shall include the following statements signed by an authorized representative of the party specified:

1. A statement signed by an authorized representative of the person who prepared the application, plan, report, or document certifying, to the best of their knowledge, the accuracy of the information contained in the submittal; and

2. A statement signed by the facility owner or operator responsible for the preparation and submittal of the application, plan, report, or document certifying, to the best of their knowledge, that the submittal is a complete and accurate representation, and that it includes all known facts required therein.

3. If the owner of the real property is different from the operator of the facility, then the owner must certify that he allows the operation, and is the guarantor of proper closure of the facility.

4. Construction Certification Report: RIDEM has the right to request an additional certification in regards to specific Solid Waste Management Facilities (e.g.; incinerators, resource recovery facilities and landfills) due to the engineering complexity and technical difficulties associated with their construction. This report must include, at a minimum, the information prepared in accordance with the Department's approved project's Quality Assurance/Quality Control Plan. In addition, the Construction Certification Report must contain as-built drawings noting any deviation from the approved engineering plans and must also contain a comprehensive analysis including, but not limited to, daily reports from the project engineer.

5. Zoning: Granting of a license, license renewal, registration or permission for an equipment addition shall in no way affect the applicant's or owner/operator's responsibility to meet all zoning and other local ordinances, nor the applicant's or owner/operator's responsibility to obtain any local permits, except as provided by R.I. Gen. Laws.

F. General Plan Requirements:

1. All required plans and reports shall be stamped by a professional engineer, land surveyor, or landscape architect as appropriate and in accordance with each professional's discipline, as required by R.I. Gen. Laws § 5-51-1.

2. At the time of application, the applicant shall submit for approval all operating, engineering, and other plans required by these Rules. Said plans shall comprehensively identify all activities at the facility(s), and address impacts of activities on regulated operations.

G. Need: Application for a Solid Waste Management Facility license shall meet the criteria established by R.I. Gen. Laws § 23-18.9-8.1. All public projects shall meet the criteria for need established in R.I. Gen. Laws § 23-19-4(b), and the Director shall require no further demonstration of need. Private facilities shall meet all relevant criteria established by regulation to protect human health and the environment, and the Director shall require no further demonstration of need.

H. Equipment Addition: Plans as required by the Department must be submitted prior to the addition of any equipment to an existing facility.

I. Closure Procedures

1. General: Each applicant shall submit a closure plan with the application for license or renewal or registration (where applicable) that shall contain information required by this Rule. Each applicant shall also submit a closure plan required for the particular type of facility as enumerated in Parts 2 through 8 of this Subchapter.

2. Financial Responsibility:

a. The applicant and/or licensee shall file an estimate of the costs of closing the facility after its capacity is reached or operations have otherwise terminated, or when the Director may require it. The estimate shall take into account both the general information listed in this Rule, as well as closure plans stipulated for the particular type of facility as enumerated in Parts 2 through 8 of this Subchapter.

b. Financial Requirement: Every applicant shall post a bond or other suitable form of financial assurance approved by the Director, unless the Director determines that such financial assurance is not necessary to insure proper closure, closures and/or post closure monitoring. Financial assurance shall equal the estimate in § 1.7(I) (2)(a) of this Part or it may exceed such estimate if the Director determines that such estimate is not adequate to fund closure procedures, post closure monitoring or compliance with these Rules and Regulations.

c. Whenever the Director finds that the operator is in violation of any closure requirements for the facility, or at any other time deemed necessary by the Director to insure that these Rules and Regulations are complied with, the Director shall have the right to use part or all of the financial assurance to complete such closure or other requirements. Part or all of the financial assurance shall be forfeited upon receipt of an order entered after a hearing by the Director stating that the operator is in violation of any closure or other requirements for the facility. Upon issuance of a certificate of closure, part of the financial assurance shall be released and a portion of said financial assurance may be kept by the Director as he determines is necessary to ensure that the required monitoring procedures shall be completed.

3. Notification of Closure: The operator shall notify the Director of the impending closure of the facility at least ninety (90) days prior to such closure.

250 R.I. Code R. 250-RICR-140-05-1.7

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