250 R.I. Code R. 250-RICR-140-05-1.9

Current through October 15, 2024

Section 250-RICR-140-05-1.9 - General Operating Standards

A. Note: § 1.9 of this Part does not apply to Small-Scale Composting Operations and Medium-Scale Composting Facilities.

B. Applicability: The following Regulations contained in this Rule shall apply to Organic Waste Recycling Facilities and Solid Waste Management Facilities. In addition, operating Regulations for the particular type of facility must also be complied with as enumerated in these Rules and Regulations.

C. Access

1. Time: Access to the facility shall be limited to the hours in which authorized operating personnel are on duty at the facility. Additional time shall be designated before and after normal operating hours to allow for "housekeeping chores", such as initial and intermediate cover application at sanitary landfills, wind-blown refuse control at all facilities, etc. There shall be no access to the facility for the acceptance of solid waste during these times.

2. Physical Restraints: There shall be gates at all entrances to the facility which will prevent access to the facility, except at such times as permitted under § 1.9(C)(1) of this Part. These gates should be locked when the site is unsupervised. Fences will be required around the facility to limit unauthorized access.

D. Salvage: Only controlled removal and handling of waste for utilization shall be permitted at the site. Material to be salvaged should be unloaded at a salvage area. Salvaging of refuse shall be conducted in such a manner so as not to impede the proper operation of the facility and to ensure the health and safety of all persons engaging in such activities.

E. Processing of Bulky Waste: Bulky wastes including, but not limited to, clothes washers and dryers, stoves, refrigerators, freezers, microwave ovens, dishwashers, air conditioners, fluorescent lighting fixtures and computer parts potentially containing PCB capacitors, must meet the following requirements for disposal at all Solid Waste Management Facilities:

1. All capacitors must be removed prior to processing or disposal.

2. Once they are removed, capacitors must be stored in Department of Transportation approved fifty-five (55) gallon drums with attachable covers. The drums shall contain a six inch (6") layer of an approved absorbent material at the bottom. The attachable drum cover shall be secured at the end of each working day or before the drum is transported by any means.

3. Storage, transportation and final disposal of drums containing capacitors must be in accordance with all applicable State and Federal Regulations including, but not limited to, Subchapter 10 Part 1 of this Chapter, Rules and Regulations for Hazardous Waste Management, and Regulations promulgated in accordance with the Federal Toxic Substances Control Act, 15 U.S.C. § 2601et seq.

4. Procedures for identifying, removing, storing and disposing of PCB capacitors must be outlined in the facility's operating plan.

5. Procedures for identifying, removing, storing and recycling of chlorinated fluorocarbons (CFCs or freon) must be outlined in the facility's operating plan.

6. Disposal facilities may contract with outside vendors to meet the requirements of this Rule. Details of the contract must be included in the facility's operating plan.

F. Vector Control: The facility shall not operate unless an onsite vector population is minimized by periodic application of cover material and by other appropriate techniques that will protect public health.

1. Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors.

2. Control of insects and rodents, where needed, shall be affected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department.

G. Signs

1. There shall be erected at the entrance to the facility a sign, clearly legible and visible, which shall contain the following:

a. Name of facility and operator

b. Emergency phone number

c. Restricted materials (if applicable)

d. Operating hours

2. There must be adequate directional signs within the facility to direct drivers to the appropriate unloading area, assist in traffic control, and to regulate speed within the facility.

H. Communication: A suitable means of communication (telephone, two-way radio, etc.) shall be available at the facility.

I. Inspections: All land, buildings, facilities and equipment used in the disposal, transfer, or processing of solid waste must be available for inspection by the Director at any time. Failure to allow an inspection will be sufficient grounds for revocation of a facility's license or registrations in accordance with § 1.8(H) of this Part and/or issuance of a Notice of Violation with Administrative Penalty.

J. Endangered Species: No facility or practice shall cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C. § 1531et seq., and/or the Regulations adopted to implement such Act. The facility or practice shall not cause or contribute to the destruction or adverse modification of the critical habitat of endangered or threatened species.

K. Dust Control: The operator must take suitable measures at all times to control dust at the facility, access roads to the facility and all other areas related to the facility's operation. This may be accomplished by spraying small amounts of water over the dust producing area and/or by the application of suitable chemicals or paving materials on access roads.

L. Control of Litter: Measures must be taken to eliminate the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the facility's operation.

M. Safety Provisions

1. General: The facility shall be designed, operated and maintained in such a manner as to protect the health and safety of users of the facility and personnel associated with the operation of the facility, and persons in close proximity to the facility.

2. Bird Hazard shall mean an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

3. The facility shall be designed, operated, and maintained so as not to pose a bird hazard to aircraft.

N. Operating and Engineering Plans: A facility shall be operated in conformity with its approved operating and engineering plans. Variances from such plans shall be permitted only after prior written approval from the Director.

O. Closure Procedure

1. The facility must notify the Department at least three (3) months prior to the anticipated date that closure operations are to begin.

2. The facility must implement the approved closure plan.

3. Requests for deviations from previously approved closure plans shall be in writing, and written approval from the Department must be obtained prior to implementation.

4. After the closure plans have been fully implemented, the Department shall be notified so that an inspection may be made by Department personnel. A list of the deficiencies, if any, will be returned to the owner of the facility. A final inspection will be required after all deficiencies are corrected.

5. A professional engineer registered in the State of Rhode Island must certify that the facility is properly closed in accordance with the approved closure plan.

P. Buffer Zones: The facility shall be required to maintain a buffer zone area that serves to mitigate nuisance impacts such as dust, litter, odor, and noise from the facility to human activities. The buffer zone must be an area of undeveloped vegetated land retained in its natural undisturbed condition, or created to resemble a naturally occurring vegetated area, or approved equal, that is not used for any facility operations. The buffer zone may be utilized for vegetated drainage controls such as swales or storage ponds.

Q. Active Gas Collection System: Any Solid Waste Management Facility that stores waste materials containing gypsum on site for more than three (3) months shall install and maintain an active gas collection system approved by the Department.

250 R.I. Code R. 250-RICR-140-05-1.9

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