250 R.I. Code R. 250-RICR-140-05-7.1

Current through October 15, 2024

Section 250-RICR-140-05-7.1 - General Information and Required Plans

A. General Information:

1. Pursuant to R.I. Gen. Laws § 23-18.9-8, any person who desires to construct, develop, establish, manage, own, operate, or maintain a construction and demolition debris processing facility, as defined in § 1.5 of this Subchapter must obtain a solid waste management facility license from the Department in accordance with the requirements set forth in §§ 1.8 of this Subchapter and 7.5 of this Part.

2. Processing facilities that accept fifty (50) tons per day or less of construction and demolition debris, as construction and demolition debris is defined by R.I. Gen. Laws § 23-18.9-7(7) and § 1.5 of this Subchapter, are exempt from the requirement of obtaining a solid waste management facility license; however they are not exempt from complying with all other applicable requirements, which shall include submittal and approval of all applicable required information prior to operation, for the construction and operation of a construction and demolition debris processing facility, and are subject to the Rules and Regulations for such facilities. A "License Exemption Form" shall also be completed and filed with the Department to register qualifying facilities.

3. Facilities that which receive any of the following types of materials do not qualify for the exemption set forth in § 7.1(A)(2) of this Part and must apply for a solid waste management facility license. These materials include solid waste that is not construction and demolition debris (even if resulting from the construction, remodeling, repair and demolition of structures and roads and land clearing), including but not limited to, asbestos, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent lights, fluorescent light ballasts or transformers, carpeting, furniture, appliances, tires, drums, containers greater than ten gallons in size, any containers having more than one inch of residue remaining on the bottom, and fuel tanks. Specifically excluded from the definition of construction and demolition debris is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique, other than that employed at a Department-approved construction and demolition debris processing facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.

4. No license or registration shall be issued or be renewed if the facility has any existing violations of these Rules and Regulation during the time of application or request for renewal. The Department is authorized to deny, suspend, or revoke a license or registration, or deny a license renewal or registration renewal where it finds there has been a failure to comply with regulations established by the Department, or where the applicant, licensee, or registrant is not in compliance with any approved operating plan or engineering plans adopted pursuant to these Rules and Regulations. The Department may also issue a Notice of Violation with administrative penalties. Licenses and registrations issued pursuant to this section are non-transferrable.

5. Granting of a license, license renewal, registration, or permission for an equipment addition shall in no way effect the applicant's responsibility to meet all federal and State laws, local zoning and other local codes or ordinances.

6. Construction and demolition debris processing facilities and other processing facilities that accept fifty (50) tons per day or less of construction and demolition debris must demonstrate, through records maintained at the facility, and provided to the Department (upon request), that seventy-five percent (75%) of all material received by the facility are processed and removed from the site within six (6) weeks of receipt on a continuous basis, and that in no case stores material on site for over three (3) months.

7. All solid waste management facilities that process or separate construction and demolition debris and generate screenings and/or wood chips must comply with § 7.3 of this Part.

B. Radius Plan: A radius plan including all the information listed below shall be submitted for approval with each application for a registration, license or renewal. The radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200') adjusted to fit on a standard 24 x 36 inch sheet and include all areas within one-quarter (1/4) mile radius out from all property lines of the site. The required information includes:

1. Zoning of the area as required in § 1.7(E)(5) of this Subchapter.

2. All buildings and dwellings

3. All water supplies (wells, etc.)

4. All surface water courses

5. All roads

6. Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island

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8. Extent of 100-year floodplain (where applicable)

9. Locus Plan

C. Site Plan: A site plan including all of the information listed below for all areas within the site shall be submitted for approval with each application for a registration, license or renewal. The site plan must be drawn to a minimum scale of one inch to fifty feet (1"=50') and adjusted to fit on a standard size (24" x 36") sheet. The required information includes:

1. Existing and proposed contours at two (2) foot contour intervals or less

2. Buildings

3. Roads

4. Utilities

5. Surface water courses (if any)

6. Wells (if any)

7. Site drainage facilities

8. Groundwater monitoring wells, if required by § 7.2(D) of this Part.

9. Unloading, processing and storage areas

10. Legal Boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island

11. Fences and gates

12. Weighing facilities

13. Locations of buffer zones

14. On-site traffic patterns

15. Landscaping

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17. Any and all freshwater wetlands as defined by Department Rules and Regulations

18. Legend

D. Construction and Engineering Plans: A preliminary set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted for approval to the Department with each application for a license or renewal. This set shall be sufficient in detail to allow for a comprehensive review. A complete set of final plans approved by the Department shall be a condition of the license prior to construction or operation.

E. Operating Plan: An operating plan shall be submitted for approval by all construction and demolition debris processing facilities and other processing facilities that accept fifty (50) tons per day or less of construction and demolition debris. Said plan shall include, at a minimum, information on all of the areas listed below. The duration of the operating plan shall equal that of the license, where applicable, and shall be updated with each application for renewal or earlier if necessary. Any changes or additions to the facility's operation subsequent to the approval of the operating plan, including new equipment additions, shall be submitted to the Department for approval prior to the time that changes will be implemented. The following information, at a minimum, shall be included in the plan:

1. Description of the overall operation and function of all processing equipment to be used

2. Operating hours

3. Operating and design capabilities

4. Types of materials to be accepted, processed, stored, recycled and/or disposed of at a licensed facility

5. Personnel and duties

6. Dust Control Program

7. Odor Control Program

8. Litter Control Program

9. Vector Control Program

10. Groundwater Monitoring Program if required by § 7.2(D) of this Part.

11. Final disposal quantities and arrangements for non-recyclables and processing residue

12. Communications equipment available

13. Provisions for limited access

14. Description of program for providing records containing the date, time, weight of construction and demolition debris to be processed and registration of each vehicle unloading or loading materials at the facility

15. Weighing facilities or other volume accounting method

16. Fire control and prevention provisions approved by the local fire chief including a contingency plan for fires in storage areas and/or unprocessed stockpile areas

17. Methods describing how non-processible waste, hazardous waste and waste not authorized by the Department will be identified, handled and removed from the facility

18. Methods describing how adulterated wood waste [treated wood, painted wood, coated wood and any other wood that is not clean] will be identified and separated from the waste stream being processed, such that it will not be recycled and re-used with unadulterated wood waste

19. Identification of how "recyclable materials" and "recyclables" which cannot be marketed will be disposed of

20. Sampling and Testing plan for processed material containing that information required by § 7.3 of this Part.

21. Identification of proposed markets and the names and address of destinations for "recyclable materials" and "recyclables"

22. Identification of provisions or methods of solid waste and leachate containment

23. Routine maintenance and house cleaning schedules

24. Erosion/Sedimentation Control Plan

F. Closure Plan: The applicant shall submit for approval a closure plan that which includes information on the following:

1. Fences, gates and any other security measures to prevent unauthorized access to the site during closure and post-closure activities.

2. Legal boundaries

3. Measures taken to remove all remaining refuse and residue

4. Planned or estimated year or time period of proposed closure

5. Methods of restricting access and preventing additional waste disposal

6. Methods of protecting ground and surface water

7. Intended future use of the facility

8. A Closure Fund or Closure Bond shall be established to ensure proper closure of the facility. The Closure Fund shall establish and maintain the amount necessary for a third-party closure and shall include all costs necessary for adequate closure. Periodic review and adjustments of the fund must be done as required. The terms and conditions of the Closure Fund shall be set forth in a Closure Fund Agreement as required by § 7.2(H) of this Part.

9. Measures taken to stabilize all disturbed soils.

250 R.I. Code R. 250-RICR-140-05-7.1