Rhode Island Resource Recovery Annual Municipal Solid Waste Cap Allotments (845-RICR-00-00-3)


845-RICR-00-00-3 ACTIVE RULE

3.1 Purpose

In accordance with R.I. Gen. Laws § 23-19-13(g)(3) the Rhode Island Resource Recovery Corporation (“the Corporation”) has developed the below procedure to calculate “the maximum amount of municipal solid waste that each municipality will be entitled to deliver to the corporation at the municipal tipping fee”, known as the municipal solid waste cap (hereafter “Cap”).

3.2 Overview

A. The Cap calculation procedure is based on the following criteria:

1. the total of the statewide Cap and diversion adjustments shall not exceed historical waste generation;

2. Caps shall be based on waste diversion targets, not on actual performance; and

3. the distribution should account for both year round and seasonal populations.

3.3 Procedure

A. On or before April 1st prior to the Corporation’s fiscal year beginning July 1st the Corporation will update the municipal solid waste disposal caps using the steps below, and notify each municipality of its Cap allocation for the upcoming fiscal year.

1. Calculate total statewide municipal sector waste generation by totaling all solid waste, and recyclables (i.e., refuse, MRF recyclables, yard debris, scrap metal/white goods, tires, etc.) as reported annually by municipalities to RIRRC.

2. Calculate the total statewide Cap by reducing the statewide municipal sector waste generation by the waste diversion assumption of 35%, i.e. {statewide Cap X (1-0.35)}

3. Obtain the most recent year population estimate for each municipality from the more current of the decennial U.S. Census or the Rhode Island Department of Administration Statewide Planning Program’s official Population Projection.

4. Calculate the year-round equivalent seasonally adjusted population:

a. Obtain the most recent seasonal housing estimates from the decennial census;

b. For each municipality assume three occupants per seasonal household, unless a modification to this assumption is approved by the Corporation’s Executive Director. A municipality seeking to increase the occupants per seasonal household assumption shall submit a formal request prior to March 1st to the Corporation’s Executive Director for consideration. Such a request should be supported by documented evidence, such as renter/realtor surveys that show a greater number of occupants per seasonal household assumption applies to the municipality. Approval of any request for an increase to the seasonal housing shall be at the discretion of the Corporation’s Executive Director and shall be granted for the duration of the fully executed Municipal Solid Waste Agreement signed by both the Corporation and the municipality;

c. For each municipality calculate the seasonally adjusted population using the following formula:

{Population Estimate} + {Seasonal households X occupants per seasonal household X 3.5 months / 12 months per year}

5. Calculate each municipality’s Cap by multiplying its percentage of the total statewide seasonally adjusted population by the total statewide Cap.

Title 845 Resource Recovery Corporation
Chapter 00 N/A
Subchapter 00 N/A
Part 3 Rhode Island Resource Recovery Annual Municipal Solid Waste Cap Allotments (845-RICR-00-00-3)
Type of Filing Technical Revision
Regulation Status Active
Effective 06/06/2012

Regulation Authority :

R.I. Gen. Laws § 23-19-13(g)(3)

Purpose and Reason :

This technical revision is being promulgated to reformat the regulation for publication into the Rhode Island Code of Regulations. No substantive changes have been made.

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.