250 R.I. Code R. 250-RICR-140-10-1.11

Current through October 15, 2024

Section 250-RICR-140-10-1.11 - Requirements for Temporary Transfer and Storage Facilities

A. Applicability: This Part applies to facilities that temporarily transfer and store hazardous waste at locations for up to and not exceeding seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays, at locations included on the application. This Part does not apply to waste that is received from off-site by a utility that is exempt under §1.8.2(A)(9) of this Part.

B. Authorization Requirements: All persons who shall construct, operate or own a temporary transfer and storage facility shall first submit a complete application to the Office of Land Revitalization and Sustainable Materials Management and obtain a Letter of Authorization from the Director prior to conducting any such activities on-site.

C. Closure Plan and Financial Requirements: Owners or operators of a temporary transfer and storage facility shall develop a closure plan, complete with a cost estimate for closing down their facility, and submit this plan along with an Application for Authorization as defined below, Owners or operators shall document their financial ability to complete the closure plan by providing financial assurance equivalent to the cost estimate contained within the closure plan. If the owner or operator fails to satisfy these requirements the Director may deny their Application for Authorization.

D. Application Specifications: All applications for authorization shall contain at least the following information:

1. The location of the facility, including the assessor's plat and lot numbers and address;

2. The name and address of the property owner and operator of the facility;

3. A detailed and complete description of the operations at the facility;

4. A site plan depicting the facility's floor plan, yard layout, drainage system and storage and transfer location(s);

5. A complete list of all pollution control and safety equipment to be utilized or maintained on-site;

6. Demonstration that the proposed facility is not within an area where the groundwater is classified as GAA, a well head protection area, or within areas where the groundwater is classified GA and where public water is not available to all surrounding properties;

7. A copy of the applicant's environmental liability insurance policy for the facility; and

8. The facility's closure cost estimate and financial assurance mechanism.

E. Application fee: An application fee of two thousand dollars ($2,000.00) shall be submitted with each new application for a Letter of Authorization to operate a temporary transfer and storage facility. Yearly renewal application fees shall be five hundred dollars ($500).

F. Authorization Period: Each Letter of Authorization shall be valid for a period of not more than one (1) year from the date of issuance.

G. Expiration of Authorization/ Renewal of Authorization: At least thirty (30) days before the end of the authorization period specified above, the owner/operator may submit a renewal application and fee in accordance with the requirements of this rule to operate a temporary transfer and storage facility.

H. Posting: Any Letter of Authorization issued hereunder shall be maintained on the facility and posted in a conspicuous location, and shall be the property of the Department.

I. Change of Ownership or Location: Changes in ownership, administration or location of temporary transfer and storage facility are subject to the following requirements:

1. The Director shall be notified in writing thirty days prior to any change in ownership of the facility or legal entity operating the facility or location or discontinuance of services;

2. A Letter of Authorization is not transferable to any other property.

3. Any change in ownership shall require written authorization of the Department prior to the change. The Director may require resubmission of all or part of the application in connection with the transfer.

J. Revocation: The Director may revoke or suspend a Letter of Authorization in the event that a determination is made by the Director that the facility is not being operated in a manner that is consistent with these Regulations or the Letter of Authorization.

K. Generator Requirements: Temporary transfer and storage facilities shall comply with applicable sections of hazardous waste generator requirements contained in § 1.7 of this Part including standards for Large Quantity Generators in §1.7.12 of this Part.

L. Storage Units: Owners or operators of the temporary transfer and storage facility may store hazardous waste only in containers.

M. Condition of Storage Units: Containers used to store hazardous waste at the transfer and storage facility shall be:

1. In good condition and free of severe rusting, corrosion or structural defects. In the event that a container deteriorates and begin to leak the owner shall transfer the hazardous waste to a container that is in good condition;

2. Liquid tight with no visible leaks and;

3. Kept closed at all times.

N. Secondary Containment for Containers: Containers used to store hazardous waste shall be equipped with secondary containment that at a minimum has the following:

1. An impervious floor or bottom covering the entire storage area; and

2. Dikes, berms or walls capable of containing a spill or release; and

3. A capacity equivalent to a minimum of 100% of the volume of the hazardous waste stored in the containers at the facility; and

4. The entire system shall be impervious to prevent a release; or

5. An equivalent containment system may be substituted if prior written approval is obtained from the Director.

O. Interior Storage: Containers at temporary hazardous waste transfer and storage facility shall be stored within a building.

P. Labeling: Containers used to store hazardous waste at the temporary transfer and storage facility shall be in compliance with § 1.7 of this Part.

Q. Local Authority: Owners and operators of temporary hazardous waste transfer and storage facilities shall be in compliance with the local building code and fire safety requirements.

R. Operation: No waste shall be bulked during the storage time.

S. Response to release: Upon detection of a release of hazardous waste, the owner or operator of the facility shall perform the following:

1. Immediately notify the Department's Emergency Response Program (at 401-222-1360 or after hours at 401-222-3070), the local authorities and the National Response Center ( 800-424-8802 ).

2. Within fifteen (15) days of the incident, the owner or operator of the facility shall submit a written report to OWM. The report should include:

a. Name and address of facility;

b. Time and type of incident;

c. Name and quantity of material(s) involved;

d. The extent of injuries;

e. Any actions were taken during the incident and;

f. The possible hazards to human health or the environmental.

T. Tracking: Owners or operators of the facilities shall keep a written log of each hazardous waste shipment received for temporary storage at the facility and of each off-site shipment of the hazardous from the facility for a period of at least three years. The owner or operator shall also reconcile the incoming and outgoing shipments of hazardous waste on the written log in order to demonstrate that the hazardous waste is not being stored for greater than the allowed seventy-two (72) hour time period. The written logs shall be provided to the Department upon request.

U. Owners or operators of the facilities shall maintain a valid hazardous waste transporter permit. The site and vehicle shall be secured to prevent unauthorized access.

250 R.I. Code R. 250-RICR-140-10-1.11

Amended effective 4/22/2020