§ 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 this chapter and by regulations of the Rhode Island
department of environmental management that the director has determined can be reused
in an environmentally beneficial manner without creating potential threats to public
health, safety, welfare, or the environment or creating potential nuisance conditions.
(2) "Beneficial use determination� (BUD) means the case-by-case process by which the director
evaluates a proposal to use a specific solid waste as a beneficial reuse material
for a specific purpose at a specific location within the host municipality.
(3) "Cocktailing� means the adding, combining, or mixing of hazardous waste as defined
in §â€‚23-19.1-4 with construction debris and demolition debris.
(4) "Construction and demolition (C&D) debris� means non-hazardous solid waste resulting
from the construction, remodeling, repair, and demolition of utilities and structures
and uncontaminated solid waste resulting from land clearing. This waste includes,
but is not limited to, wood (including painted, treated, and coated wood, and wood
products); land-clearing debris; wall coverings; plaster; drywall; plumbing fixtures;
non-asbestos insulation; roofing shingles and other roof coverings; glass; plastics
that are not 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 remaining on the
bottom; electrical wiring and components containing no hazardous liquids; and pipe
and metals that are incidental to any of the previously described waste. Solid waste
that is not C&D debris (even if resulting from the construction, remodeling, repair,
and demolition of utilities, structures and roads; land clearing) includes, but is
not limited to, asbestos; waste; garbage; corrugated container board; electrical fixtures
containing hazardous liquids, such as fluorescent light ballasts or transformers;
fluorescent lights; carpeting; furniture; appliances; tires; drums; containers greater
than ten gallons (10 gals.) in size; any containers having more than one inch of residue
remaining on the bottom; and fuel tanks. Specifically excluded from the definition
of construction and demolition debris is solid waste (including what otherwise would
be construction and demolition debris) resulting from any processing technique, other
than that employed at a department-approved C&D debris processing facility, that renders
individual waste components unrecognizable, such as pulverizing or shredding.
(5) "Construction and demolition debris processing facility� means a solid waste management
facility that receives and processes construction and demolition debris. These facilities
must demonstrate, through records maintained at the facility and provided to the department,
that seventy-five percent (75%) of all material received 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 on site for over three (3) months; provided, however,
these facilities do not include municipal compost facilities.
(6) "Construction and demolition debris separation facility� means a facility that receives,
separates, and/or screens construction and demolition debris into its components for
subsequent resale or processing that includes, but is not limited to, grinding, shredding,
crushing, or landfilling at another location separate and apart from the location
on which the separation occurs.
(7) "Director� means the director of the department of environmental management or any
subordinate or subordinates to whom the director has delegated the powers and duties
vested in him or her by this chapter.
(8) "Expansion� means any increase in volume, size, or scope, either vertically, horizontally,
or otherwise; provided, however, that this section does not apply to the vertical
expansion of the Charlestown municipal landfill 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 separated from solid waste for reuse.
The director of the department of environmental management, through regulations, shall
specify those materials that are to be included within the definition of recyclables.
The materials to be included may change 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 from other solid waste for reuse.
(12) "Solid waste� means garbage, refuse, tree waste as defined by subsection (14) of this
section, and other discarded solid materials generated by residential, institutional,
commercial, industrial, and agricultural sources, but does not include solids or dissolved
material in domestic sewage or sewage sludge or dredge material as defined in chapter 6.1 of title 46, nor does it include hazardous waste as defined in chapter 19.1 of this title, nor
does it include used asphalt, concrete, or Portland concrete cement.
(13) "Solid waste management facility� means any plant, structure, equipment, real and
personal property, except mobile equipment or incinerators with a capacity of less
than one thousand pounds (1,000 lbs.) per hour, operated for the purpose of processing,
treating, or disposing of solid waste but not segregated solid waste. Any solid waste
management facility that stores waste materials containing gypsum on site over three
(3) months must install and maintain an active gas collection system approved by the
department of environment management.
(14)(i) "Tree waste� means all parts of a tree, including stumps, branches, and logs that
shall be considered solid waste for purposes of this chapter unless the tree waste
meets the following criteria:
(A) The tree waste remains on the property where it was generated; or
(B) The tree waste remains in the possession of the person who generated it and is stored
above the ground surface, on property that the same person controls, for purposes
of recycling and reuse; or
(C) The tree waste, whether generated on or off-site, is being actively managed as a usable
wood product such as landscape mulch, wood chips, firewood, or mulch.
(ii) The application of the criteria set forth in this section shall not be deemed to abrogate,
diminish, or impair the enforcement of the requirements established pursuant to chapter
28.1 of this title or the authority 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
and handling of tree waste.
(15) "Organic waste material� means the organic material portion of the solid waste stream,
including, but not limited to, food scraps, food processing residue, and soiled or
unrecyclable paper that has been separated from nonorganic material.
(16) "Composting facility� means land, appurtenances, structures, or equipment where organic
materials originating from another process or location that have been separated at
the point or source of generation from nonorganic material are recovered using a process
of accelerated biological decomposition of organic material under controlled aerobic
conditions.
(17) "Anaerobic digestion facility� means a facility employing a closed vessel to perform
a closed process of accelerated biodegradation of organic materials and/or organic
solid wastes into biogas and digestate, using microorganisms under controlled conditions
in the absence of oxygen.
(18) "Other authorized recycling method� means:
(i) Recycling organic waste material on site or treating organic waste material via on-site
organic treatment equipment permitted pursuant to the general laws or federal law;
or
(ii) Diverting organic waste material for agricultural use, including consumption by animals.
(19) "Covered entity� means each commercial food wholesaler or distributor, industrial
food manufacturer or processor, supermarket, resort or conference center, banquet
hall, restaurant, religious institution, military installation, prison, corporation,
hospital or other medical care institution, and casino.
(20) "Covered educational institution� means a higher educational or research institution.
(21) "Covered educational facility� means a building or group of two (2) or more interconnected
buildings owned or used by a covered educational institution at which organic waste
materials are generated.