250 R.I. Code R. 250-RICR-140-05-1.8

Current through October 15, 2024

Section 250-RICR-140-05-1.8 - Issuance, Renewal, and Conditions of Licenses and Registrations

A. Note: § 1.8 of this Part does not apply to Small-Scale Composting Operations and Medium-Scale Composting Facilities, except for the requirements in §§ 1.8(I) (1), 1.8(I)(4), 1.8(J), and 1.8(K) of this Part.

B. General Issuance and Renewal of Licenses and Registrations: Any person who desires to construct, develop, establish, manage, own, operate, or maintain a Solid Waste Management Facility or Organic Waste Recycling Facility must obtain a license or registration from the Department. A license or license renewal shall be issued for a period of three (3) years from the date of issuance, unless sooner suspended or revoked. Relative to any Organic Waste Recycling Facilities that require registration, the registration or registration renewal shall be issued for a period of three (3) years from the date of issuance, unless sooner suspended or revoked. Each license, license renewal, registration, or registration renewal shall be issued only for the facility named in the application and shall not be transferable or assignable except with the written approval of the Department. Each license, license renewal, registration, or registration renewal shall show compliance with these Rules and Regulations.

C. Posting of License or Registration: A license or registration issued hereunder shall be the property of the State. It shall be kept posted in a conspicuous place on the licensed or registered facility and must be kept legible and protected from the weather. The license or registration conveys no property right to the licensee or registrant and the licensee or registrant acknowledges this fact through its submission of an application for a license or registration.

D. Change of Ownership, Administration and/or Location

1. Change in ownership or membership of the legal entity conducting, maintaining, or operating the facility:

a. Prior to this change, all information requested by the Department shall be submitted for its review and approval, as required to perform an appropriate background check on the prospective new owner or legal entity.

b. Prior to this change, an updated operating plan shall be submitted to the Department that shows all operating changes that will occur as a consequence of the owner or legal entity change. Note, any significant amendments and/or revisions to the operating plan or facility will require the issuance of a new license or registration (versus renewal).

c. If the prospective new owner or legal entity is acceptable to the Department, per the background check, and if the updated operating plan is also acceptable to the Department, then the prospective new owner or legal entity shall submit a fee equal to the license renewal fee or registration renewal fee for the applicable type of Solid Waste Management Facility or Organic Waste Recycling Facility, pursuant to § 1.14 of this Part. The Department shall, in turn, issue a full-term renewal license for a facility that must be licensed or a registration renewal for any facility that must be registered.

d. When the change in ownership or legal entity becomes effective, the previous owner's or legal entity's license or registration becomes void and must be immediately returned to the Department.

2. Change in Facility Location or Sale or Lease of Facility:

a. Prior to any of these changes, the Department shall be notified and the Department shall provide further guidance on the prospective change and any additional requirements. See also § 1.8(E) of this Part.

b. When the change becomes effective, the previous license or registration becomes void and must be immediately returned to the Department.

E. Approval for New Areas and/or Services: The license or registration shall apply only to the Solid Waste Management Facility or Organic Waste Recycling Facility operating at the time the license or registration is issued. Additional areas or services shall be subject to the approval of the Department and requirements of licensure or registration.

F. Separate Licenses or Registrations

1. Separate licenses or registrations shall be required for Solid Waste Management Facilities or Organic Waste Recycling Facilities which are located in separate geographical areas even though they are under the same management.

2. A separate license or registration may be issued to a distinct part of a facility which can be identified as a separate unit.

G. Fees: The license or registration fee as well as any other necessary charges shall be determined by R.I. Gen. Laws § 23-18.9-9, or by R.I. Gen. Laws § 2-225 for composting facilities that must register. Licenses and registrations shall expire three (3) years from the date of issue, unless sooner suspended or revoked. A fee schedule for Organic Waste Recycling Facility or Solid Waste Management Facility applications and renewals is provided in § 1.14 of this Part. Additional Compost Facility fees are provided in § 1.14(B) of this Part.

H. Denial, Suspension, or Revocation of License or Registration

1. Procedure and Grounds: The Department, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend or revoke a license or deny a license renewal where it finds there has been a failure to comply with Regulations established by the licensing agency, or where the applicant or licensee is not in compliance with any approved operating or engineering plans adopted pursuant to these Rules and Regulations. The Department may, after notice and opportunity for hearing to the registrant, deny, suspend, or revoke a facility registration or deny a facility registration renewal where it finds there has been a failure to comply with Regulations established by the Department, or where the registrant is not in compliance with any approved operating or engineering plans adopted pursuant to these Rules and Regulations.

2. Corrective Action: Whenever the Department determines that a licensed Solid Waste Management Facility is not being operated in conformance with all of the Regulations established by the licensing agency, or, that the licensed facility is not being operated in conformance with an approved operating or engineering plan adopted pursuant to these Rules and Regulations, it may, in lieu of or in addition to suspension or revocation of the license of that facility, order the licensee to take whatever corrective action is necessary to secure compliance with the Regulations established by the licensing agency, subject to the provisions of R.I. Gen. Laws § 4217.1-2(21). Whenever the Department determines that a registered facility is not being operated in conformance with all of the Regulations established by the Department, or, that the registered facility is not being operated in conformance with an approved operating or engineering plan adopted pursuant to these Rules and Regulations, it may, in lieu of or in addition to suspension or revocation of the registration of that facility, order the registrant to take whatever corrective action is necessary to secure compliance with the Regulations established by the Department, subject to the provisions of R.I. Gen. Laws § 42-17.1-2(21).

3. No person shall operate any Solid Waste Management Facility, Organic Waste Recycling Facility, or solid waste processing device which is subject to license, registration or approval by the Department without a license, registration or approval of the Department. No facility may operate after a license, registration or approval has been denied. Any license, registration or approval issued under these Rules and Regulations may be suspended, revoked or amended by the Director at any time upon showing, after notice and hearing, that the permittee has failed to comply with the provisions of this Chapter, Rules and Regulations promulgated by the Director pursuant to this Chapter, or the terms and conditions of the license, registration or approval or upon showing, after notice and hearing, that the continued operation of the licensed, registered or approved source constitutes a threat to the health and safety of the public or to the environment. In any proceeding for revocation, suspension, or amendment of a license, registration or approval pursuant to this Regulation, the Director will provide the affected party with the opportunity for an adequate hearing. No revocation, annulment, or withdrawal of any license, registration or approval is lawful unless the agency sent notice by mail to the licensee or possessor of a registration or approval of the facts or conduct or violation which warrants the action, and the permittee or possessor of a license or registration is given an opportunity at hearing to show compliance with all lawful requirements for the retention of the license, registration or approval. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of license, registration or approval may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

I. Inspections

1. The Department shall make or cause to be made such inspections, take such tests and specimens and to make such investigations as it deems necessary.

2. The Department or other designated authorized personnel shall conduct inspections and shall have the right to enter without prior notice to inspect any Solid Waste Management Facility or Organic Waste Recycling Facility for which an application has been received or for which a license or registration has been issued. Any application shall constitute permission for or willingness to comply with inspections, tests and investigations by the Director or his agents.

3. The Department shall be afforded reasonable opportunity by the applicant, licensee or registrant to view the facility, examine records (including any and all on-site or off-site locations where records are kept), and obtain such information as may be required for the inspection, testing and investigation. Refusal to permit reasonable inspections, tests and investigations shall constitute valid grounds for denial, revocation or suspension of a license; denial, revocation or suspension of a registration; and/or issuance of a Notice of Violation with Administrative Penalty.

4. The inspector may leave a copy of the inspection report at the facility and such report shall constitute notice of any deficiencies. Such deficiencies as are noted in the inspection report may be used as the basis of a Notice of Violation and may be taken into account in any license or registration renewal proceeding, in any request for new areas and/or services, and in any equipment addition request.

5. All Solid Waste Management Facilities and Organic Waste Recycling Facilities shall maintain records and report to the Department, as required, relative to the amounts of materials received and recycled.

J. Reserved

K. Penalties

1. Any person who constructs a Solid Waste Management Facility or Organic Waste Recycling Facility, or installs equipment in the facility without first obtaining approval of the plans and specifications for the facility, or any person who operates the facility without obtaining a license or registration to do so from the Director, may be assessed an administrative penalty of up to twenty-five thousand dollars ($25,000.00). For purposes of these Rules and Regulations, each and every day during which the violation shall be repeated shall be a separate and distinct offense.

2. Any person who operates a Medium-Scale Composting Operation without first submitting a "Registration Form for Medium-Scale Composting Facility" to the Department in accordance with the requirements set forth in § 8.4(A)(1) of this Subchapter may be assessed an administrative penalty up to twenty-five thousand dollars ($25,000.00).

3. Any person who disposes of solid waste anywhere other than at a licensed Solid Waste Management Facility may be assessed an administrative penalty of up to five thousand dollars ($5,000.00). For the purposes of these Rules and Regulations, each and every day during which the violation is repeated shall be a separate and distinct offense.

L. Demonstration Pilot Projects

1. A municipality that desires to evaluate available technologies, equipment, or methodologies for managing solid waste, may request approval from the Director to perform a limited demonstration pilot project prior to submission of an application for a license.

2. Demonstration projects shall not exceed fifty (50) tons per day maximum capacity.

3. The municipality shall first submit to the Director, for approval, a description of the proposed operations and plans and specifications in accordance with § 1.7(B) of this Part including fire protection plans and other related data as required by the Director.

4. The municipality shall give public notice of the request and allow a thirty (30) day period for the Director to receive public comment on the proposed project. After the close of the public comment period, the Director is authorized to approve or deny the request.

5. Approval for a demonstration project shall be granted for a period not exceeding six (6) months.

250 R.I. Code R. 250-RICR-140-05-1.8

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