7.1 General Information and Required Plans

1. A. General Information:

   1. 1. Definitions of terms used in these Regulations can be found in § 1.5 of this Subchapter.
   2. 2. Pursuant to R.I. Gen. Laws § 23-18.9-8, any person who desires to construct, develop, establish, manage, own, operate, or maintain a Construction and Demolition Debris (C&D) Facility, as defined in § 1.5 of this Subchapter must obtain a Solid Waste Management Facility license from the Department in accordance with the requirements set forth in § 1.8 of this Subchapter and § 7.4 of this Part.
   3. 3. Any person who desires to construct a Solid Waste Management Facility or install any equipment in a Solid Waste Management Facility must first submit to the Director for approval, plans and specifications and other related data required by the Director.
   4. 4. Any Construction and Demolition Debris Processing Facility that is within a one thousand foot (1,000’) radius of a residential zone district, shall conduct all operations covered under the license inside the confines of an enclosed, permanent building.

   5. 5. Any person who desires to operate a C&D Processing Facility must demonstrate compliance with local ordinances as follows:

      1. a. Submit a letter of compliance from the host municipality that all applicable zoning requirements and local ordinances of the host municipality have been complied with. This letter of compliance from the host municipality shall be issued from either:

         1. (1) The Town or City Manager with a Town or City Council approval in a municipality with a managerial form of government; or
         2. (2) The elected Mayor with Town or City Council approval in a municipality with a non-managerial form of government.
      2. b. The process for issuing, denying or appealing the municipal letter of compliance must be in accordance with R.I. Gen. Laws § 23-18.9-9.
      3. c. Issuance of a letter of non-compliance from the host municipality may stay the issuance or renewal of a license as per R.I. Gen. Laws § 23-18.9-9.
   6. 6. Facilities that receive any of the following types of materials must apply for a Solid Waste Management Facility License. These materials include solid waste that is not C&D (even if resulting from the construction, remodeling, repair and demolition of structures and roads and land clearing), including but not limited to, asbestos, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent lights, fluorescent light ballasts or transformers, carpeting, furniture, appliances, tires, drums, containers greater than ten (10) gallons in size, any containers having more than one inch (1”) of residue remaining on the bottom, and fuel tanks. Specifically excluded from the definition of C&D is solid waste (including what otherwise would be C&D) resulting from any processing technique, other than that employed at a Department-approved C&D Processing Facility, that renders individual waste components unrecognizable, such as pulverizing or shredding.
   7. 7. No license shall be issued or be renewed if the facility has any existing violations of these Rules and Regulation during the time of application or request for renewal. The Department is authorized to deny, suspend, or revoke a license, or deny a license renewal where it finds there has been a failure to comply with Regulations established by the Department, or where the applicant, licensee is not in compliance with any approved operating plan or engineering plans adopted pursuant to these Rules and Regulations. The Department may also issue a Notice of Violation with Administrative Penalties. Licenses issued pursuant to this section are non-transferrable.
   8. 8. Granting of a license, license renewal, or permission for an equipment addition shall in no way effect the applicant's responsibility to meet all Federal and State laws, local zoning and other local codes or ordinances and any local permits, except as specifically provided by Rhode Island General Law.
   9. 9. All Solid Waste Management Facilities that process or separate C&D and generate screenings and/or wood chips must comply with § 7.3 of this Part.

2. B. Radius Plan: A radius plan including all the information listed below shall be submitted for approval with each application for a license or renewal. The radius plan must be drawn to a minimum scale of one inch to two hundred feet (1" = 200') adjusted to fit on a standard twenty-four inch by thirty-six inch (24” x 36”) sheet and include all areas within one quarter (1/4) mile radius out from all property lines of the site. The required information includes:

   1. 1. Zoning of the area as required in § 1.7(E)(5) of this Subchapter;
   2. 2. All buildings and dwellings;
   3. 3. Delineation of residential zoned areas within a one thousand foot (1,000’) radius out from all boundary lines of a proposed C&D Facility;
   4. 4. All water supplies (wells, etc.);
   5. 5. All surface water courses;
   6. 6. All roads;
   7. 7. Legal boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island;
   8. 8. North arrow;
   9. 9. Extent of one hundred (100) year floodplain (where applicable);
   10. 10. Locus Plan.

3. C. Site Plan: A site plan including all information listed below for all areas within the site shall be submitted for approval with each application for a license or renewal. The site plan must be drawn to a minimum scale of one inch to fifty feet (1"=50') and adjusted to fit on a standard twenty-four inch by thirty-six inch (24” x 36”) sheet. The required information includes:

   1. 1. Existing and proposed contours at two foot (2’) contour intervals or less;
   2. 2. Buildings;
   3. 3. Roads;
   4. 4. Utilities;
   5. 5. Surface water courses (if any);
   6. 6. Wells (if any);
   7. 7. Site drainage facilities;
   8. 8. Groundwater monitoring wells (if required by § 7.2(D) of this Part);
   9. 9. Unloading, processing and storage areas;
   10. 10. Legal Boundaries of site certified by a Registered Land Surveyor in the State of Rhode Island;
   11. 11. Fences and gates;
   12. 12. Weighing facilities;
   13. 13. Locations of buffer zones;
   14. 14. On-site traffic patterns;
   15. 15. Landscaping;
   16. 16. North arrow;
   17. 17. Any and all freshwater wetlands as defined by Department Rules and Regulations;
   18. 18. Legend.
4. D. Construction and Engineering Plans: A preliminary set of construction and engineering plans and specifications relating to all buildings and equipment of the facility must be submitted for approval to the Department with each application for a license or renewal. This set shall be sufficient in detail to allow for a comprehensive review. A complete set of final plans approved by the Department shall be a condition of the license prior to construction or operation.

5. E. Operating Plan: An operating plan shall be submitted for approval by all C&D Facilities. The duration of the operating plan shall equal that of the license, where applicable, and shall be updated with each application for renewal or earlier if necessary. Any changes or additions to the facility's operation subsequent to the approval of the operating plan, including new equipment additions, shall be submitted to the Department for approval prior to the time that changes will be implemented. The following information, at a minimum, shall be included in the plan:

   1. 1. Description of the overall operation and function of all processing equipment to be used;
   2. 2. Operating hours;
   3. 3. Operating and design capabilities;
   4. 4. Types of materials to be accepted, processed, stored, recycled and/or disposed of at a licensed facility;
   5. 5. Personnel and duties;
   6. 6. Dust Control Program;
   7. 7. Odor Control Program;
   8. 8. Litter Control Program;
   9. 9. Vector Control Program;
   10. 10. Groundwater Monitoring Program if required by § 7.2(D) of this Part;
   11. 11. Final disposal quantities and arrangements for non-recyclables and processing residue;
   12. 12. Communications equipment available;
   13. 13. Provisions for limited access;
   14. 14. Description of program for providing records containing the date, time, weight of C&D to be processed and registration of each vehicle unloading or loading materials at the facility;
   15. 15. Weighing facilities or other volume accounting method;
   16. 16. Fire control and prevention provisions approved by the local fire chief or his or her designee, including a contingency plan for fires in storage areas and/or unprocessed stockpile areas;
   17. 17. Methods describing how non-processible waste, hazardous waste and waste not authorized by the Department will be identified, handled and removed from the facility;
   18. 18. Methods describing how adulterated wood waste [treated wood, painted wood, coated wood and any other wood that is not clean] will be identified and separated from the waste stream being processed, such that it will not be recycled and re-used with unadulterated wood waste;
   19. 19. Identification of how "recyclable materials" and "recyclables" which cannot be marketed will be disposed of;
   20. 20. Sampling and Testing Plan for processed material containing that information required by § 7.3 of this Part;
   21. 21. Identification of proposed markets and the names and address of destinations for "recyclable materials" and "recyclables";
   22. 22. Identification of provisions or methods of solid waste, wastewater and leachate containment;
   23. 23. Routine maintenance and house cleaning schedules;
   24. 24. Erosion/Sedimentation Control Plan.

6. F. Closure Plan: The applicant shall submit for approval a closure plan that includes information on the following:

   1. 1. Fences, gates and any other security measures to prevent unauthorized access to the site during closure and post-closure activities;
   2. 2. Legal boundaries;
   3. 3. Measures taken to remove all remaining refuse and residue;
   4. 4. Planned or estimated year or time period of proposed closure;
   5. 5. Methods of restricting access and preventing additional waste disposal;
   6. 6. Methods of protecting ground and surface water;
   7. 7. Measures taken to stabilize all disturbed soils;
   8. 8. Intended future use of the facility;
   9. 9. A Closure Fund or Closure Bond shall be established to ensure proper closure of the facility. The Closure Fund shall establish and maintain the amount necessary for a third (3^rd) party closure and shall include all costs necessary for adequate closure. Periodic review and adjustments of the fund must be done as required. The terms and conditions of the Closure Fund shall be set forth in a Closure Fund Agreement as required by § 7.2(H) of this Part.

7.2 C&D Facilities – Operating Standards

1. A. General: All C&D Facilities shall meet the requirements set forth in this Rule in addition to the General Operating Standards set forth in § 1.7 of this Subchapter and other applicable requirements set forth in these Rules and Regulations.

2. B. Storage:

   1. 1. The storage of unprocessed and/or processed C&D stockpiles is limited in size to the financial assurance to be posted for closure costs as required in §§ 7.1(F) and 7.2(H) of this Part. For example, if the closure cost estimate is based on the disposal of a one thousand (1,000) ton stockpile of unprocessed C&D, the facility must limit its unprocessed stockpile to one thousand (1,000) tons.
   2. 2. The facility must be able to demonstrate through records maintained at the facility, and provided to the department (upon request), that seventy-five percent (75%) of all material received by the facility is removed from the site within six (6) weeks of receipt on a continuous basis, and in no case shall the facility store material on site for over three (3) months.

   3. 3. Storage of C&D must be in approved and designated areas, and stockpiles must not exceed twenty feet (20’) in height and fifty feet (50’) in width. For both interior and exterior storage, a minimum separation of fifty feet (50’) must be maintained between stockpiles. For exterior storage, a minimum separation of fifty feet (50’) must be maintained between stockpiles and buildings and/or other structures. In addition:

      1. a. Any C&D Facility within a one thousand foot (1,000') radius of a residential zone district is prohibited from storing unprocessed material exterior to the facility building;
      2. b. Unprocessed and/or processed C&D must not be compacted on the ground surface or covered with soil or other materials; and
      3. c. Processing of materials utilizing compaction equipment may be allowed only with prior Department approval.
3. C. Wastewater and Leachate: All water used in processing the C&D, and cleaning of the facility, as well as any leachate from any refuse collected in storage or transfer areas, shall be disposed of in a manner that will not pollute any source of private or public water supply, or any of the waters or groundwaters of the State, and shall be disposed of in accordance with all State and Federal laws and Regulations.

4. D. Groundwater Monitoring Wells: C&D Facilities may be required by the Department to install monitoring wells at locations approved by the Department. A hydrogeological report and water quality monitoring plan may be required based on the following factors:

   1. 1. Size, type and location of storage stockpiles;
   2. 2. Length of time unprocessed materials will be stored;
   3. 3. Groundwater classification and proximity to groundwater drinking wells (public and private);
   4. 4. Proximity to and classification of surface water bodies, flowing water bodies and freshwater wetlands; and
   5. 5. Any factors determined by the Department that may be necessary to protect the health, welfare and safety of the public and the environment.
5. E. Buffer: A buffer zone, or approved equally protective alternative measure(s) must be identified and maintained between all processed and unprocessed construction and demolition debris C&D stockpiles, processing activities and the property line of the facility. Said buffer zone must be of sufficient distance to address dust, odors, litter, or any other concern or condition identified by the Department. Alternative measures may include, but are not limited to, enclosing operations and/or storage within the confines of a protective structure, fencing, screening, vegetation or approved equal.

6. F. Fire Protection: A facility shall not pose a hazard to the health and safety of persons or property from fires. No facility that receives C&D shall be issued a license or renewal unless it has submitted a Fire Protection and Contingency Plan (FPCP) that has been approved by the local Fire Chief, or his or her designee, of the district in which the facility is located. In addition, the following requirements must be met:

   1. 1. All C&D Facilities shall submit a site location plan, site sketches, and operating plans to the Department and to the local Fire Chief, or designee for their review and approval so as to provide emergency service whenever called.
   2. 2. There shall be within one thousand feet (1,000’) of the facility and storage stockpiles, either an adequate supply of water under pressure or the equivalent of cover material for use exclusively in fighting fires or other equivalent method that meets the approval of the Department and the local Fire Chief or his or her designee,. Cover material for the purposes of extinguishing a fire shall be required in the event that the construction and demolition debris if C&D is stored outside of the confines of a protective structure.
   3. 3. All facility equipment, including but not limited to, dozers, front end loaders and compactors, shall be supplied with fire extinguishers.
   4. 4. The above required elements must be included in the facility's FPCP.
   5. 5. The local Fire Chief or his or her designee is authorized to conduct random, unannounced inspections of facilities licensed or registered under this Regulation to ensure continued compliance with the approved FPCP. If any facility, notified by the local Fire Chief at the time of inspection, is found to be in non-compliance with the approved plan, said facility shall immediately cease operation until they correct any deficiency and the local Fire Chief or his or her designee determines that the facility is in compliance.
   6. 6. If the Department is notified in writing by the local Fire Chief or his or her designee that any facility is found to be in violation of the fire protection plan under this Regulation on three (3) separate inspections, within any three (3) year time period, said facility shall have their license to operate under this Regulation revoked.
7. G. Equipment Failure and Shutdown Provisions: All facilities shall have an alternate method of disposal, approved in writing by the Department, with another Solid Waste Management Facility for use in the event of equipment failure or forced shutdown. In the event of equipment failure or forced shutdown, storage of unprocessed materials must not exceed the Department approved storage quantity as specified in § 7.2(B) of this Part.

8. H. Closure Fund Agreement or Closure Bond:

   1. 1. Every facility shall establish a Closure Fund Agreement with the Department. The facility shall establish and maintain a joint depository account in the name(s) of the facility and the Department at a federally insured financial institution establishing a closure fund as required by §§ 7.1(F)(8) and (9) of this Part.
   2. 2. A facility shall be permitted to withdraw funds from the account described in § 7.2(H)(1) of this Part only with the prior written approval of the Department and only for the purposes of closure as described in the closure plan described in and submitted as a requirement of § 7.1(F) of this Part.
   3. 3. As a precondition to acceptance of any materials at the facility or within six (6) months of the effective date of these Regulations relative to any existing facility, the facility must have on deposit in the Closure Fund an amount sufficient to fully finance closure of the facility at capacity.
   4. 4. Each facility must submit to the Department on a quarterly basis a statement generated from the financial institution representing the amount held in the Closure Fund.
   5. 5. In the event that the amount in the Closure Fund exceeds the amount for which normal Federal insurance is provided, it shall be the responsibility of the facility to acquire full insurance for the total amount of the Closure Fund and/or to establish any additional accounts necessary subject to the provisions of this section.
   6. 6. No facility shall have the right to withdraw, pledge, mortgage, assign, transfer, encumber or otherwise alienate funds from the Closure Fund without the prior written approval of the Department.
   7. 7. In the event that the amount in the Closure Fund is not sufficient to finance complete closure, the facility is responsible for the full cost to complete closure.
   8. 8. As an option to the use of a Closure Fund Depository Account as described in §§ 7.2(H)(1) through (7) of this Part, the facility shall establish and maintain a closure bond in the amount necessary to properly close the facility when it is at full capacity. This closure bond shall be established as a pre-condition for licensure as an approved facility.

7.3 C&D: Reuse, Sampling and Testing Requirements

1. A. General Information:

   1. 1. All C&D Facilities that generate screenings and/or wood chips for reuse must sample and test these materials in accordance with §§ 7.3(B) and (C) of this Part.
   2. 2. Any costs associated with the testing of these materials by the facility or by the Department to verify the results of the facility's tests shall be borne by the facility. Each facility must establish a fund with the Department to cover the costs of these tests. The amount required in this fund must be indicated in the facility operating plan and must be based on the number of tests required for the quantity of materials processed or separated at the facility. At all times, the fund established pursuant to this section must equal or be greater than the cost of two (2) rounds of sampling.

2. B. Screenings: Reuse, Sampling and Testing Requirements:

   1. 1. The Department may approve the use of screenings for use as an alternative daily cover on landfills if it can be demonstrated that the screenings meet the criteria in the landfill's approved operating plan, and are capable of meeting the following minimum performance criteria for daily cover material:

      1. a. Shall control and not sustain fires;
      2. b. Shall control and not contribute to odors (this may require the separation of plaster and wall-board from daily cover material), vectors, and windblown litter and dust;
      3. c. The screenings must pass through a two inch (2”) screen;
      4. d. The amount of fines (material passing through a number two hundred (200) sieve) in the screenings is less than twenty-five percent (25%) by weight (dry basis);
      5. e. Screenings may be mixed with other suitable materials, to meet the requirements set forth above.
   2. 2. Screenings separated from C&D may also be reused for other specific uses if prior written approval is received from the Department. Such beneficial uses shall be evaluated on a case by case basis and shall be limited to non-agricultural and non-residential applications.
   3. 3. All projects utilizing screenings from C&D must have a sampling and testing plan and schedule approved by the Department.

   4. 4. The plan shall also identify testing procedures protocols, frequency, and maximum contaminant limits based upon the proposed end uses. Analytical testing for all screenings proposed for use as a daily cover shall include, at a minimum, appropriate Toxicity Characteristic Leaching Procedure (TCLP) parameters as set forth in 40 C.F.R. Part 261, incorporated in § 1.3(A) of this Subchapter, at a frequency approved in the operating plan. The sampling and testing plan shall include, but not be limited to, addressing the following constituents of concern:

      1. a. Metals: Arsenic, Cadmium, Chromium, Copper, Lead, Mercury and Nickel;
      2. b. Organic Compounds: PCB's, Endrin, Toxaphene, 2,4,5-T, 2,4,5-TP (Silvex); and
      3. c. Asbestos: Must not exceed the requirements of the Rhode Island Department of Health Regulation, 216-RICR-50-15-1, Asbestos Control, which states: ”Asbestos containing material” or “ACM" means any material or product which contains more than one percent (1%) asbestos, as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (PLM). If the asbestos content of friable material is less than ten percent (10%) as determined by a method other than point counting by PLM, the asbestos content must be verified by point counting using PLM.”
   5. 5. No screenings shall be utilized within two hundred feet (200’) of any body of surface water or freshwater wetland or within five hundred feet (500’) of any body of surface water or freshwater wetland within the watershed of a public drinking water supply without specific approval of the Department.
   6. 6. No screenings shall be utilized within two hundred feet (200’) of any private drinking water supply well or within five hundred feet (500’) of any public drinking water supply well.

3. C. Wood Chips: Reuse, Sampling and Testing Requirements:

   1. 1. Wood chips generated from the pulverizing or chipping of unadulterated wood or land clearing debris, such as brush, tree limbs and stumps, may be utilized for the following:

      1. a. Landscaping mulch;
      2. b. Soil amendment;
      3. c. Sewage sludge amendment for composting;
      4. d. Erosion control material;
      5. e. Fuel; and
      6. f. Other uses approved by the Department and described in the facility's operating plan.

   2. 2. Wood chips generated from the pulverizing or chipping of segregated building wastes and segregated demolition wastes or adulterated or treated wood are restricted to the following uses:

      1. a. Fuel;
      2. b. Department approved erosion control projects at approved landfills; and
      3. c. Other projects with Department approval.
   3. 3. All projects utilizing wood chips, except for fuel usage, must have a sampling and testing plan and schedule approved by the Department.

   4. 4. The sampling and testing plan shall include, but not be limited to, addressing the following constituents of concern:

      1. a. Asbestos: Must not exceed the requirements of the Rhode Island Department of Health Regulation, 216-RICR-50-15-1, Asbestos Control, which states: ”Asbestos containing material” or “ACM" means any material or product which contains more than one percent (1%) asbestos, as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (PLM). If the asbestos content of friable material is less than ten percent (10%) as determined by a method other than point counting by PLM, the asbestos content must be verified by point counting using PLM.”
      2. b. Ignitable Petroleum Distillates: Must not meet the definition of a hazardous waste as defined in Subchapter 10 Part 1 of this Chapter, Rules and Regulations for Hazardous Waste Management.
      3. c. Metals: Chromated Copper Arsenate (CCA), Arsenic, Chromium, Copper, Lead, and Mercury. (Arsenic, Chromium, and Copper are indicators of Chromated Copper Arsenate)
      4. d. Semi-volatiles: Creosote, Creosol, Pentachlorophenol. (Creosol, an active ingredient of Creosote, is an indicator of Creosote.)
   5. 5. The plan shall also identify testing procedures and protocols, testing frequency, and maximum contaminant limits based upon the proposed end uses.
   6. 6. Wood chips generated for use as a fuel for boilers and wood-fired power plants must meet the requirements for those facilities. The facility operating plan must indicate all wood fuel facilities to be utilized.

7.4 Applicability

1. All C&D Facilities must comply with the provisions of these Rules and Regulations.