§ 23-18.9-7 - Definitions.
SECTION 23-18.9-7
§ 23-18.9-7 Definitions. – As used in this chapter, the following terms shall, where the context permits,be construed as follows:
(1) "Beneficial reuse material" means a processed,nonhazardous, solid waste not already defined as recyclable material by thischapter and by regulations of the Rhode Island department of environmentalmanagement that the director has determined can be reused in an environmentallybeneficial manner without creating potential threats to public health, safety,welfare or the environment or creating potential nuisance conditions.
(2) "Beneficial use determination" (BUD) means thecase-by-case process by which the director evaluates a proposal to use aspecific solid waste as a beneficial reuse material for a specific purpose at aspecific location within the host municipality.
(3) "Cocktailing" means the adding, combining or mixing ofhazardous waste as defined in § 23-19.1-4 with construction debris anddemolition debris.
(4) "Construction and demolition (C&D) debris" meansnon-hazardous solid waste resulting from the construction, remodeling, repair,and demolition of utilities and structures; and uncontaminated solid wasteresulting from land clearing. This waste includes, but is not limited to, wood(including painted, treated and coated wood and wood products), land clearingdebris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestosinsulation, roofing shingles and other roof coverings, glass, plastics that arenot sealed in a manner that conceals other wastes, empty buckets ten (10)gallons or less in size and having no more than one inch of residue remainingon the bottom, electrical wiring and components containing no hazardousliquids, and pipe and metals that are incidental to any of the previouslydescribed waste. Solid waste that is not C&D debris (even if resulting from theconstruction, remodeling, repair, and demolition of utilities, structures androads and land clearing) includes, but is not limited to, asbestos, waste,garbage, corrugated container board, electrical fixtures containing hazardousliquids such as fluorescent light ballasts or transformers, fluorescent lights,carpeting, furniture, appliances, tires, drums, containers greater than ten(10) gallons in size, any containers having more than one inch of residueremaining on the bottom and fuel tanks. Specifically excluded from thedefinition of construction and demolition debris is solid waste (including whatotherwise would be construction and demolition debris) resulting from anyprocessing technique, other than that employed at a department-approved C&Ddebris processing facility, that renders individual waste componentsunrecognizable, such as pulverizing or shredding.
(5) "Construction and demolition debris processing facility"means a solid waste management facility that receives and processesconstruction and demolition debris of more than fifty (50) tons per day. Thesefacilities must demonstrate, through records maintained at the facility andprovided to the department, that seventy-five percent (75%) of all materialreceived by the facility is processed and removed from the site within six (6)weeks of receipt on a continuous basis, and that in no case stores material onsite for over three (3) months; provided, however, these facilities do notinclude municipal compost facilities.
(6) "Construction and demolition debris separation facility"means a facility that receives, separates and or screens construction anddemolition debris into its components for subsequent resale or processing whichincludes, but is not limited to, grinding, shredding, crushing, or landfillingat another location separate and apart from the location on which theseparation occurs.
(7) "Director" means the director of the department ofenvironmental management or any subordinate or subordinates to whom thedirector has delegated the powers and duties vested in him or her by thischapter.
(8) "Expansion" means any increase in volume, size, or scope,either vertically, horizontally, or otherwise; provided, however, that thissection does not apply to the vertical expansion of the Charlestown Municipallandfill until the closure date of July 1, 2000.
(9) "Person" includes an individual, firm, partnership,association, and private or municipal corporation.
(10) "Recyclable materials" means those materials separatedfrom solid waste for reuse. The director of the department of environmentalmanagement through regulations shall specify those materials that are to beincluded within the definition of recyclables. The materials to be included maychange from time to time depending upon new technologies, economic conditions,waste stream characteristics, environmental effects, or other factors.
(11) "Segregated solid waste" means material separated fromother solid waste for reuse.
(12) "Solid waste" means garbage, refuse, tree waste asdefined by subsection 14 of this section and other discarded solid materialsgenerated by residential, institutional, commercial, industrial, andagricultural sources, but does not include solids or dissolved material indomestic sewage or sewage sludge or dredge material as defined in chapter 6.1of title 46, nor does it include hazardous waste as defined in chapter 19.1 ofthis title, nor does it include used asphalt, concrete, or Portland concretecement.
(13) "Solid waste management facility" means any plant,structure, equipment, real and personal property, except mobile equipment orincinerators with a capacity of less than one thousand pounds (1,000 lbs.) perhour, operated for the purpose of processing, treating, or disposing of solidwaste but not segregated solid waste. Any solid waste management facility thatstores waste materials containing gypsum on site over three (3) months mustinstall and maintain an active gas collection system approved by the departmentof environment management.
(14) "Tree Waste" means all parts of a tree including stumps,branches and logs which shall be considered solid waste for purposes of thischapter unless the tree waste meets the following criteria:
(1) The tree waste remains on the property where it wasgenerated; or
(2) The tree waste remains in the possession of the personwho generated it and is stored above the ground surface, on property that thesame person controls, for purposes of recycling and reuse; or
(3) The tree waste, whether generated on or off-site, isbeing actively managed as a usable wood product such as landscape mulch, woodchips, firewood, or mulch.
(b) The application of the criteria set forth in this sectionshall not be deemed to abrogate, diminish, or impair the enforcement of therequirements established pursuant to chapter 28.1 of this title or theauthority of the state and/or a city or town to protect the public health,safety or welfare from a public nuisance resulting from the storage andhandling of tree waste.