250 R.I. Code R. 250-RICR-140-05-8.1
These Rules and Regulations are intended to minimize environmental hazards associated with the operation of leaf and yard waste composting facilities, putrescible waste composting facilities, mixed solid waste composting facilities and anaerobic digestion facilities. These Rules and Regulations are also designed to promote planning and implementation of Solid Waste Management Facilities and Organic Waste Recycling Facilities where necessary and desirable throughout the state.
These Rules and Regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws Chapters 2-1, "Agricultural Functions of Department of Environmental Management"; 2-22, "Rhode Island Soil Amendment Law"; 2-23, "Rhode Island Right to Farm Act"; 5-51, "Rhode Island State Board of Examiners of Landscape Architects"; 23-18.8, "Rhode Island Recycling Act"; 23-18.9, "Refuse Disposal"; 23-19, "Rhode Island Resource Recovery Corporation Act"; 23-19.1, "Hazardous Waste Management Act"; 23-23, "Air Pollution"; 23-63, "Vehicle Tire Storage and Recycling"; 37-15.1, "Hard-to-Dispose Material-Control and Recycling"; 42-17.1, "Department of Environmental Management"; 42-17.6, "Administrative Penalties for Environmental Violations"; 44-27, "Taxation of Farm, Forest, and Open Space Land"; and 46-12, "Water Pollution"; in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, "Administrative Procedures Act".
The terms and provisions of these Rules and Regulations shall be liberally construed to allow the Department to effectuate the purposes of state law, goals and policies.
The primary functions of the Department are the regulation of solid waste and to grant, deny, suspend or revoke licenses and registrations for the operation of Solid Waste Management Facilities and Organic Waste Recycling Facilities and to grant, deny, suspend or revoke approval of the plans and specifications for the construction of Solid Waste Management Facilities and Organic Waste Recycling Facilities and the installation of any equipment in such facilities. Any and all Solid Waste Management Facilities and Organic Waste Recycling Facilities, licensed or not licensed (or registered or not registered), and projects including control and remediation shall be subject to the regulatory and enforcement activities of the Department.
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of the pertinent sections of the chapters of the R.I. Gen. Laws listed in § 1.2(B) of this Subchapter shall be superseded. However, any enforcement action taken by, or application submitted to, the Department prior to the effective date of these Rules and Regulations in effect at the time the enforcement action was taken, or application filed.
See Solid Waste Regulation No. 1, § 1.5 of this Subchapter for all pertinent definitions for these regulations.
250 R.I. Code R. 250-RICR-140-05-8.1