250 R.I. Code R. 250-RICR-140-05-4.3

Current through October 15, 2024

Section 250-RICR-140-05-4.3 - Incinerator and Resource Recovery Operating Standards

A. Incinerator and resource recovery facilities shall meet all regulations set forth in this rule and shall comply with the provisions and limitations of all other regulations of the Department.

B. Traffic Flow: The delivery of solid waste to the facility and the removal of residues and recovered products from the site shall be scheduled so as to eliminate traffic backups and allow for fluid vehicular movement on site.

C. Signs: Sign(s) shall be erected at the entrance to the facility which are clearly legible and visible, and which contain the following:

1. Name of facility and operator,

2. Emergency phone number,

3. Restricted (prohibited) materials (if applicable),

4. Operating hours and days open.

D. Public Access Hours: 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 designed before and after normal operating hours to allow for "housekeeping chores". There shall be no public access to the facility during the latter time interval.

E. Gates: Gates at all entrances to the facility shall prevent public access to the facility at all times other than operating hours. These gates shall be locked when the site is unsupervised.

F. Waste Screening and Inspection: The owner or operator shall implement waste receiving area control procedures that provide for the screening and inspection of the incoming waste stream to prevent the acceptance of prohibited or unauthorized waste types, to operate in compliance with the "Rules and Regulations for Reduction and Recycling of Municipal Solid Waste", Subchapter 20 Part 2 of this Chapter and the "Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste", Subchapter 20 Part 1 of this Chapter regarding source segregation of recyclable materials and, correspondingly, the maximum recyclable materials content in the incoming waste stream, and to remove undesirable or unprocessible materials prior to the initiation of processing, as provided in the approved operating plan.

G. Brush Handling: Any brush accepted at the facility must be chipped within one week after arrival or transferred for disposal within forty-eight (48) hours of arrival. Chipped brush may be stored up to one week at the site prior to on-site use or off-site use or disposal.

H. Waste Storage: With respect to waste storage:

1. Unprocessed, incoming solid waste to be incinerated shall be stored in pits, bunkers, or similar containment vessels, and shall be kept at all times at levels that prevent spillage or overflow.

2. All combustible and/or putrescible waste storage shall be conducted within the confines of a protective structure.

3. The capacity of the storage pit shall be equivalent to at least the rated capacity of the incinerator/combustion chamber for one and one-half (1 1/2) days of operation.

4. No combustible solid waste shall be stored for more than forty-eight (48) hours at the facility, except for three (3) day holiday weekends.

I. Substitute Disposal Provisions: The facility must have an alternate method of disposal, in writing, with another in-state or out-of-state licensed solid waste management facility for bypassing of incoming solid waste, in the event of equipment failure or forced shutdown which prevents the facility from receiving a part of or all of its normal solid waste input.

J. Recyclables Handling: Removal and handling of waste for utilization, salvage, or recycling shall be performed in a controlled manner that does not impede the proper operation of the facility, and that insures the health and safety of all persons engaging in such activities.

K. Special Solid Waste and Recyclables Storage: Incoming solid waste identified as oversized bulky, unprocessible or non-putrescible recyclables (if any) may be temporarily stored in closed-top containers at the facility, with the Department's permission and only for a time period approved by the Department, and as provided for in the approved operating plan.

L. Odors: Suitable measures shall be taken to minimize odors originating at the facility. This may be accomplished by immediate processing and/or disposing of waste at other solid waste management facilities. Methods shall be employed to prevent odors associated with putrification of stored waste.

M. Dust: The operator shall undertake suitable measures to control dust whenever necessary at the facility, on 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.

N. Litter: Suitable measures shall be taken to minimize the scattering of refuse. The operator shall provide for routine maintenance and general cleanliness of all areas related to the facility's operation.

O. Vectors: The facility shall not operate unless any on-site vector population is minimized by appropriate techniques that will protect public health. Conditions shall be maintained that are sanitary and therefore unfavorable for the harboring, feeding, and breeding of vectors. Control of insects and rodents where needed shall be effected by means of a program directed by a professional exterminator utilizing insecticides and/or rodenticides or other means approved by the Department.

P. Open Burning: Open burning of any type shall be prohibited at the facility.

Q. Air Standards: With respect to air standards, the facility shall not violate state implementation plans approved or promulgated pursuant to: R.I. Gen. Laws Chapter 23-23, as are or as amended; the Rules and Regulations adopted to implement such chapter; and the Clean Air Act, 42 U.S.C. § 7401 et. seq.

R. Surface Water Pollution: The facility shall not cause pollution of the surface waters of the United States so as to violate the Water Pollution Act, R.I. Gen. Laws Chapter 46-12, or §402 of the Clean Water Act, 33 U.S.C. § 1251 et. seq., nor shall the facility cause a discharge of dredged material or fill in violation of §404 of the Clean Water Act, as is or as amended.

S. Groundwater Pollution: The facility shall not cause pollution of any groundwater. In addition, the facility shall comply with the requirements of the Clean Water Act, 33 U.S.C. § 1251 et. seq., and the regulations adopted pursuant to the Act, specifically 40 C.F.R. § 257.3-4, incorporated in § 1.3(A) of this Subchapter.

T. Wastewater and Liquid Waste: Any wastewater and liquid waste that is not recycled, but instead disposed, shall be disposed in a manner that does not pollute any source of private or public supply, any of the waters of the State or groundwaters. These wastes shall include, but not be limited to, water used to quench the incinerator residue, scrub the flue gas, clean the facility, liquid waste from the refuse collected in the storage pit, and tipping floor run-off.

U. Endangered Species: The facility shall not cause or contribute to the taking of any endangered or threatened species pursuant to the Endangered Species Act, 16 U.S.C. 1531 et. seq., and/or the regulations adopted to implement such Act, and are or as amended. The facility shall not cause or contribute to the destruction or adverse modifications of the critical habitat of endangered or threatened species.

V. Residue and Recovered Material Storage: Facility ash residues, effluent (if any), and recovered materials (if any) shall be stored in bunkers, pits, bins or similar leakproof containment vessels, and shall be kept at all times at levels that prevent leakage, spillage, or overflow.

W. Ash Operating Standards: Operating standards for ash sampling, testing, characterization, management, disposal, and removal are provided in § 4.5 of this Part, Appendix B.

X. Facility Inspection and Maintenance: The operator of the facility shall maintain all facility systems and equipment in a manner that facilitates proper operation and minimizes system downtime.

1. Immediately following the initiation of facility operation, facility personnel shall begin routine inspections for operating effectiveness and equipment deterioration or malfunction.

2. Written records of inspection shall be maintained and be available for review by the Department.

3. A planned maintenance and overhaul schedule for major equipment shall be established and executed during facility operation.

Y. RIDEM Access: 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.

Z. Bird Hazard: The facility shall not pose a bird hazard to aircraft, as required per § 1.9(M)(3) of this Subchapter.

AA. Health and Safety: The facility shall be designed, operated, and maintained in such a manner 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.

BB. Fire Protection: The facility shall not pose a fire hazard to persons or property. All buildings must have a suitable quantity of water at sufficient pressures, on each floor, suitable for firefighting purposes and approved by the local fire authority.

CC. Emergency Support Services: The facility shall have arrangements, in writing, from nearby fire, police, rescue, medical services, hazardous waste emergency response company and hazardous waste transporter to provide emergency services in case of fires, explosions, hazardous waste incidents or other similar emergencies.

DD. Personnel Requirements: The facility shall maintain sufficient personnel during each operating shift to assure the proper and orderly operation of all components and systems, along with the ability to handle all routine maintenance requirements. Such personnel shall have sufficient educational background, employment experience and/or training to enable them to perform their duties in a competent and safe manner.

EE. Facility Management: Each operating shift shall have a designated shift supervisor or equivalent to direct and implement operational decisions during that shift.

FF. Training and Certification Programs:

1. A comprehensive training program covering normal job responsibilities and procedures, emergency situations, and procedures and safety issues, shall be provided to facility employees.

2. Employees involved with the operation and maintenance of the facility shall receive training at least annually. These include, but are not limited to, the chief facility operator, shift supervisors, control room operators, ash handlers, maintenance personnel, and crane/load handlers.

3. Facility specific training and operating manual(s) shall be used for training of personnel in § 4.3(FF)(2) of this Part. The manual(s) shall be kept up to date, with any necessary revisions made at least annually. The manual(s) shall be kept in a readily accessible location and shall be available for inspection by the Department.

4. The initial review of the training and operating manual(s) shall be conducted prior to assumption of operational job duties, for all personnel mentioned in § 4.3(FF)(2) of this Part.

5. The chief facility operator and the shift supervisor for each operating shift shall obtain and keep current ASME operator certification or an equivalent certification approved by the Department. Also, the facility shall not operate at any time without the presence of a certified shift supervisor or other certified operator.

GG. Training Records: Training records that document the type and amount of training received by current facility personnel shall be maintained at the facility in accordance with the approved operating plan.

HH. Contingency Planning: Contingency plans and procedures to handle fires, explosions, hazardous waste incidents, and similar emergencies shall be developed for facility personnel and in conjunction with supporting local authorities (fire, police, rescue, and medical groups), prior to facility operation. Training and practice to handle these emergencies shall be periodically provided during the operation of the facility.

II. Communications: A suitable means of communication (telephone, two-way radio, etc.) shall be available at the facility, and shall be maintained in good working order.

JJ. Closure Plans: The facility shall adhere to appropriate closure procedures:

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 plans.

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 the 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.

250 R.I. Code R. 250-RICR-140-05-4.3