250 R.I. Code R. 250-RICR-140-05-7.2

Current through October 15, 2024

Section 250-RICR-140-05-7.2 - Facilities That Process Construction and Demolition Debris - Operating Standards

A. General: All construction and demolition debris processing facilities and processing facilities that accept fifty (50) tons per day or less of construction and demolition debris shall meet the requirements set forth in this rule in addition to the General Operating Standards set forth in § 1.7 of this Subchapter and other applicable requirements set forth in these Rules and Regulations.

B. Storage:

1. The storage of unprocessed and/or processed construction and demolition debris stockpiles is limited in size to the financial assurance to be posted for closure costs as required in §§ 7.1(F) and 7.2(H) of this Part. For example, if the closure cost estimate is based on the disposal of a 1000 ton stockpile of unprocessed construction and demolition debris, the facility must limit its unprocessed stockpile to 1000 tons.

2. The facility must be able to 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 is processed and removed from the site within six (6) weeks of receipt on a continuous basis, and in no case shall the facility store material on site for over three (3) months.

3. Storage of unprocessed and/or processed construction and demolition debris must be in designated areas, and stockpiles must not exceed twenty (20) feet in height and fifty (50) feet in width. A minimum separation of fifty (50) feet must also be maintained between stockpiles, and between stockpiles and buildings or other structures. In addition, unprocessed and/or processed construction and demolition debris must not be compacted, or covered with soil or other materials. Processing of materials utilizing compaction equipment may be allowed only with prior Department approval.

C. Wastewater and Leachate: All water used in processing the construction and demolition debris, and cleaning of the facility, as well as leachate from any refuse collected in storage pits or transfer areas, shall be disposed of in a manner that will not pollute any source of private or public water supply, or any of the waters or groundwaters of the State and shall be disposed of in accordance with all State and Federal laws and regulations.

D. Groundwater Monitoring Wells: Facilities that process construction and demolition debris may be required by the Department to install monitoring wells at locations approved by the Department. A hydrogeological report and water quality monitoring plan may be required based on the following factors:

1. Size, type and location of storage stockpiles;

2. Length of time unprocessed materials will be stored;

3. Groundwater classification and proximity to groundwater drinking wells (public and private);

4. Proximity to and classification of surface water bodies, flowing water bodies and freshwater wetlands; or

5. Other factors determined by the Department that may be necessary to protect the health, welfare and safety of the public and the environment.

E. Buffer: A buffer zone, or approved equally protective alternative measure(s) must be identified and maintained between all processed and unprocessed construction and demolition debris stockpiles, processing activities and the property line of the facility. Said buffer zone must be of sufficient distance to address dust, odors, litter, or any other concern or condition identified by the Department. Alternative measures may include, but are not limited to enclosing operations and/or storage within the confines of a protective structure, fencing, screening, vegetation or approved equal.

F. Fire Protection: A facility shall not pose a hazard to the health and safety of persons or property from fires. No facility that processes construction and demolition debris shall be issued a license, registration, or renewal unless it has submitted a fire protection plan that has been approved by the local fire chief, or his or her designee, of the district in which the facility is located. In addition, the following requirements must be met:

1. All facilities that process construction and demolition debris shall submit site locator plans, site sketches, and operating plans to the Department and to the local fire chief for their review and approval so as to provide emergency service whenever called.

2. There shall be within 1000 feet of the facility and storage stockpiles, either an adequate supply of water under pressure or the equivalent of cover material for use exclusively in fighting fires or other equivalent method that which meets the approval of the Department and the local fire chief. Cover material for the purposes of extinguishing a fire shall be required in the event that the construction and demolition debris is stored outside of the confines of a protective structure.

3. All facility equipment including but not limited to, dozers, front end loaders and compactors shall be supplied with fire extinguishers.

4. The above required elements must be included in the facility's fire contingency plan.

5. The local fire chief or his or her designee is authorized to conduct random, unannounced inspections of facilities licensed or registered under this regulation to insure continued compliance with the approved fire protection plan. If any facility, notified by the local fire chief at the time of inspection, is found to be in non-compliance with the approved plan said facility shall immediately cease operation until such time as they correct any deficiency and the local fire chief or his or her designee finds the facility is in compliance with the approved fire protection plan.

6. If the Department is notified in writing by the local fire chief that any facility is found to be in violation of the fire protection plan under this regulation on three separate inspections, within any three-year time period, said facility shall have their license or registration to operate under this regulation revoked.

G. Equipment Failure and Shutdown Provisions: All facilities shall have an alternate method of disposal, approved in writing by the Department, with another solid waste management facility for use in the event of equipment failure or forced shutdown. In the event of equipment failure or forced shutdown, storage of unprocessed materials must not exceed the Department approved storage quantity as specified in § 7.2(B) of this Part.

H. Closure Fund Agreement or Closure Bond:

1. Every facility shall establish a closure fund agreement with the Department. The facility shall establish and maintain a joint depository account in the name(s) of the facility and the Department at a federally insured financial institution establishing a closure fund as required by §§ 7.1(F)(8) and (9) of this Part.

2. A facility shall be permitted to withdraw funds from the account described in § 7.2(H)(1) of this Part only with the prior written approval of the Department and only for the purposes of closure as described in the closure plan described in and submitted as a requirement of § 7.1(F) of this Part.

3. As a precondition to acceptance of any materials at the facility or within six (6) months of the effective date of these regulations relative to any existing facility, the facility must have on deposit in the Closure Fund an amount sufficient to fully finance closure of the facility at capacity.

4. Each facility must submit to the Department on a quarterly basis a statement generated from the financial institution representing the amount held in the Closure Fund.

5. In the event that the amount in the Closure Fund exceeds the amount for which normal federal insurance is provided, it shall be the responsibility of the facility to acquire full insurance for the total amount of the closure fund and/or to establish any additional accounts necessary subject to the provisions of this section.

6. No facility shall have the right to withdraw, pledge, mortgage, assign, transfer, encumber or otherwise alienate funds from the Closure Fund without the prior written approval of the Department.

7. In the event that the amount in the Closure Fund is not sufficient to finance complete closure, the facility is responsible for the full cost to complete closure.

8. As an option to the use of a closure fund depository account as described in § 7.2(H)(1) through (7) of this Part, the facility shall establish and maintain a closure bond in the amount necessary to properly close the facility when it is at full capacity. This closure bond shall be established as a pre-condition for licensure or registration as an approved facility.

250 R.I. Code R. 250-RICR-140-05-7.2