Rules and Regulations for the Prohibition of Out-of-State Waste at the Rhode Island Resource Recovery Corporation Central Landfill (845-RICR-00-00-2)


845-RICR-00-00-2 ACTIVE RULE

2.1 Out of State Waste Prohibited

The rules and regulations of the Corporation is to reject any solid waste at the Central Landfill which neither originated nor was generated within the State of Rhode Island as defined in R.I. Gen. Laws § 23-19-13.1.

2.2 Contracting

A. RIRRC shall establish clauses in its contracts with commercial customers specifying that the customer and/or their solid waste hauling designee shall not deliver out-of-state waste to the Central Landfill, and that all customers will cooperate with the Corporation to verify and ensure compliance with these rules and regulations. RIRRC may enforce this restriction on out-of-state waste through suspension of contract terms, either temporarily or permanently, or through prosecution of penalties cited in R.I. Gen. Laws § 23-19-13.1, or a combination of contract penalties and prosecution.

B. All commercial waste haulers will be allowed, as soon as practicable after the promulgation of these Rules, to enter into contracts with the Corporation containing, inter alia, provisions concerning the following:

1. Such contracts will be for a specific period.

2. The contract will specify that the customer and/or their solid waste hauling designee shall not deliver out-of-state waste to the Central Landfill, and that the customer will cooperate with the Corporation to verify compliance.

2.3 Declaration Regarding Waste Delivery

All customer/haulers delivering solid waste to the RIRRC shall be presented a “Declaration Regarding Waste Delivery” document, which shall state the following; “The undersigned declares, to the best of their knowledge that 100% of the solid waste delivered to the Central Landfill in the vehicle and on the date above, was generated and collected in Rhode Island, is not Hazardous Waste, does not contain in excess of 20% recyclable material, as defined by DEM regulation, and complies with all applicable laws and regulations.”

2.4 Review and Investigation

Rhode Island Resource Recovery Corporation may initiate reviews of customer/haulers records and/or conduct other investigations, such as surveillance of transfer stations and points of entry into Rhode Island and inspection of loads for out-of-state waste, so as to verify that waste delivered to the Central Landfill is, in fact, generated and collected in Rhode Island.

2.5 Use for Construction, Operation or Closure

Solid waste generated in Rhode Island and processed outside of Rhode Island to be used as part of the construction, operation or closure of the Central Landfill shall be considered acceptable solid waste pursuant to these Rules and Regulations.

2.6 Interpretation and Severability

The provisions of these Regulations shall be liberally interpreted to accomplish their stated purpose. If any provisions hereof or the application thereof to any person or circumstances is held invalid or is rendered invalid by legislation subsequently adopted by the General Assembly, the remaining provisions, and the application of such provisions to any other persons or circumstances shall not be affected thereby.

Title 845 Resource Recovery Corporation
Chapter 00 N/A
Subchapter 00 N/A
Part 2 Rules and Regulations for the Prohibition of Out-of-State Waste at the Rhode Island Resource Recovery Corporation Central Landfill (845-RICR-00-00-2)
Type of Filing Direct Final Amendment
Regulation Status Active
Effective 06/02/2018

Regulation Authority :

R.I. Gen. Laws Chapter 23-19

Purpose and Reason :

The rule and regulation of the Corporation is to reject any solid waste at the Central Landfill which neither originated nor was generated within the State of Rhode Island as defined in R.I. Gen. Laws § 23-19-13.1. Agency Head signed rule on 6/5/2018.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.