§ 23-18.9-1 - Responsibility for refuse disposal.
SECTION 23-18.9-1
§ 23-18.9-1 Responsibility for refusedisposal. – (a) Each city and town is required to make provision for the safe and sanitarydisposal of all refuse which is generated within its boundaries, includingrefuse from commercial and industrial sources, but excluding refuse fromsources owned or operated by the state or federal governments, hazardous wasteas defined in chapter 19.1 of this title and any refuse which is not acceptableat a facility provided by the Rhode Island resource recovery corporation underchapter 19 of this title. The disposal facilities used to meet thisresponsibility may be located within or outside the municipality, may bepublicly or privately owned, and may include facilities used only by the owner.Each city and town will be required to separate solid waste into recyclable andnon-recyclable components before the material is disposed of in any state ownedfacility. Implementation of the program of separation by any city or town maybe by separation at the source of generation or by separation at collectionpoints or transfer stations. Cities and towns may allow private and volunteercollection of recyclables. The department of environmental management shalladopt and promulgate regulations to define recyclable materials, and shall fromtime to time determine an implementation schedule for the recyclable separationprograms of the cities and towns. The implementation schedule shall bedetermined and adopted by the department of environmental management afterconsultation and cooperation with the cities and towns. The department shalladopt and promulgate an implementation schedule and rules and regulations whichrequire that commercial solid waste be separated into recyclable andnon-recyclable components before the material may be disposed of at any stateowned solid waste disposal facility. The department shall adopt and promulgatean implementation schedule and rules and regulations which require that thesolid waste generated at state facilities be separated into recyclable andnon-recyclable components before the material may be disposed of in any stateowned solid waste disposal facility.
(2) During the first three (3) years after a city or townenters the recycling program, a city or town shall be deemed to have achievedcompliance with the requirement of separation if that city or town shall haveachieved at least the same percentage of separation as achieved by similarcommunities with compulsory programs of separation of recyclables.
(3) Beginning July 1, 2012 every city or town that entersinto a contract with the Rhode Island resource recovery corporation to disposeof solid waste shall be required to recycle a minimum of thirty-five percent(35%) of its solid waste and to divert a minimum of fifty percent (50%) of itssolid waste. The recycling and diversion rate shall be achieved as prescribedin the addendum required in subdivision 23-19-13(e)(3). For purposes of thissection "diversion rate" means the total amount (reflected as a percentage) ofmaterial, diverted from disposal through waste prevention, recycling or re-use.
(b) The governing body of each city and town shall dischargeits responsibility set forth in subsection (a) by:
(1) Adopting reasonable rules and regulations governing thelicensing of all qualified persons engaged in the business of collection andhauling of refuse and operation of transfer stations with respect to all refusewithin its boundaries. All persons engaged in the business of collection orhauling of refuse and operation of transfer stations within the boundaries of amunicipality, shall be issued a license upon application. No municipality shallunreasonably deny a license to any reasonably qualified person.
(2) Contracting with the Rhode Island resource recoverycorporation or a person approved by the Rhode Island resource recoverycorporation for the disposal of municipal refuse, unless a municipality isoperating its own landfill on December 1, 1986 or is disposing of its municipalrefuse under a contract approved by the corporation which was in effect onMarch 1, 1985, in which case the municipality shall be free to continue to usethe landfill until its closure, or to continue to dispose of its municipalrefuse under the contract until the expiration of the original term of thecontract or the expiration of any extension of the contract approved by thecorporation or sooner termination.
(3) In the case of cities and towns where municipal wastecollection is provided by private contract between the generator of the wasteand the hauler, adopting rules and regulations for the fair allocation of themunicipal rate provided under the provisions of § 23-19-13(g) among thosehaulers licensed to collect and haul refuse within the cities and towns.
(4) Adopting rules and regulations that govern the separationof solid waste into recyclable and non-recyclable components. Regulationsadopted under this chapter may not be inconsistent with any rules, regulations,standards, and criteria adopted by the department of environmental managementor the Rhode Island resource recovery corporation. Each city and town isempowered to adopt the regulations and to contract with the Rhode Islandresource recovery corporation for the enforcement of the licensing provisionsthereof, including compliance with the provisions of a license designating afinal disposal site for all refuse collected or hauled by the licensee withinthe municipality's boundaries and requiring the separation of recyclablematerials from municipal, non-municipal, residential and commercial sources.
(c) To assist each city and town in carrying out theseresponsibilities, the Rhode Island resource recovery corporation shall:
(1) Administer any financial assistance granted by the stateto localities, as provided in this chapter, and establish and publish rules andregulations concerning eligibility, disbursement, and use of financialassistance.
(2) Provide technical assistance to cities and townsconcerning their refuse problems.