§ 23-18.9-8 Licenses. – (a) No person shall operate any solid waste management facility or constructionand demolition (C&D) debris processing facility or expand an existing facilityunless a license is obtained from the director except as authorized by §23-18.9-8. The director shall have full power to make all rules and regulationsestablishing standards to be met for the issuance of the licenses.
(2) The director shall promulgate rules and regulationsgoverning the uses and content of materials accepted and generated by aconstruction and demolition debris processing facility. Any costs associatedwith testing these materials by the facility or by the department to verify theresults of the facility's tests shall be borne by the facility. Each facilityshall be required to establish a fund with the department to cover the cost ofthese tests.
(b) Any person who desires to construct a solid wastemanagement facility or install any equipment in a solid waste managementfacility must first submit to the director for approval plans andspecifications and other related data required by the director.
(c) Processing facilities that accept less than one hundredand fifty (150) tons per day of construction and demolition debris (C&D) areexempt from the requirement of obtaining a solid waste management facilitylicense; however, they are not exempt from complying with all other applicablerequirements for the construction and operation of a construction anddemolition debris processing facility and are subject to the rules andregulations for these facilities promulgated in accordance with this section.
(d) No construction and demolition debris processing facilityshall be issued a license unless it has submitted a fire protection plan whichhas been approved by the local fire chief, or his or her designee in which thefacility is located.
(e) The local fire chief or his or her designee is authorizedto conduct random, unannounced inspections of facilities licensed under thissection to insure continued compliance with the approved fire protection plan.If any facility at the time of inspection is found not to be in compliance withthe approved plan that facility shall immediately cease operation until thetime that they correct any deficiency and the local fire chief or his or herdesignee finds the facility is in compliance with the approved fire protectionplan.
(f) Any facility that is found to be in violation of the fireprotection plan under this section on three (3) separate inspections, withinany three (3) year time period, shall have its license to operate under thissection revoked.
(g) A municipality that desires to evaluate availabletechnologies, equipment, or methodologies for managing solid waste, may requestapproval from the director to perform a limited demonstration pilot projectprior to submission of an application for a license. Demonstration projectsshall not exceed fifty (50) tons per day maximum capacity. The municipalitymust first submit to the director, for approval, plans and specificationsincluding fire protection plans and other related data as required by thedirector. The municipality shall also give public notice of the request andallow a thirty (30) day period for the director to receive public comment onthe proposed project. After the close of the public comment period, thedirector is authorized to approve or deny the request. Approval for ademonstration pilot project shall be granted for a period not exceeding six (6)months.
(h) Any facility that is licensed or registered by thedepartment under this chapter as of July 1, 2006 that accepts greater thanthree (3) cubic yards of tree waste as defined by subsection 23-18.9-7(14)shall be considered an existing tree waste management facility. Existing treewaste management facilities shall notify the department and the local firechief of the existence and scope of their tree waste management activities inwriting no later than August 30, 2006, and shall incorporate their tree wastemanagement activities in a revised operating plan as part of the next renewalof their license or registration.
§ 23-18.9-8 Licenses. – (a) No person shall operate any solid waste management facility or constructionand demolition (C&D) debris processing facility or expand an existing facilityunless a license is obtained from the director except as authorized by §23-18.9-8. The director shall have full power to make all rules and regulationsestablishing standards to be met for the issuance of the licenses.
(2) The director shall promulgate rules and regulationsgoverning the uses and content of materials accepted and generated by aconstruction and demolition debris processing facility. Any costs associatedwith testing these materials by the facility or by the department to verify theresults of the facility's tests shall be borne by the facility. Each facilityshall be required to establish a fund with the department to cover the cost ofthese tests.
(b) Any person who desires to construct a solid wastemanagement facility or install any equipment in a solid waste managementfacility must first submit to the director for approval plans andspecifications and other related data required by the director.
(c) Processing facilities that accept less than one hundredand fifty (150) tons per day of construction and demolition debris (C&D) areexempt from the requirement of obtaining a solid waste management facilitylicense; however, they are not exempt from complying with all other applicablerequirements for the construction and operation of a construction anddemolition debris processing facility and are subject to the rules andregulations for these facilities promulgated in accordance with this section.
(d) No construction and demolition debris processing facilityshall be issued a license unless it has submitted a fire protection plan whichhas been approved by the local fire chief, or his or her designee in which thefacility is located.
(e) The local fire chief or his or her designee is authorizedto conduct random, unannounced inspections of facilities licensed under thissection to insure continued compliance with the approved fire protection plan.If any facility at the time of inspection is found not to be in compliance withthe approved plan that facility shall immediately cease operation until thetime that they correct any deficiency and the local fire chief or his or herdesignee finds the facility is in compliance with the approved fire protectionplan.
(f) Any facility that is found to be in violation of the fireprotection plan under this section on three (3) separate inspections, withinany three (3) year time period, shall have its license to operate under thissection revoked.
(g) A municipality that desires to evaluate availabletechnologies, equipment, or methodologies for managing solid waste, may requestapproval from the director to perform a limited demonstration pilot projectprior to submission of an application for a license. Demonstration projectsshall not exceed fifty (50) tons per day maximum capacity. The municipalitymust first submit to the director, for approval, plans and specificationsincluding fire protection plans and other related data as required by thedirector. The municipality shall also give public notice of the request andallow a thirty (30) day period for the director to receive public comment onthe proposed project. After the close of the public comment period, thedirector is authorized to approve or deny the request. Approval for ademonstration pilot project shall be granted for a period not exceeding six (6)months.
(h) Any facility that is licensed or registered by thedepartment under this chapter as of July 1, 2006 that accepts greater thanthree (3) cubic yards of tree waste as defined by subsection 23-18.9-7(14)shall be considered an existing tree waste management facility. Existing treewaste management facilities shall notify the department and the local firechief of the existence and scope of their tree waste management activities inwriting no later than August 30, 2006, and shall incorporate their tree wastemanagement activities in a revised operating plan as part of the next renewalof their license or registration.
§ 23-18.9-8 Licenses. – (a) No person shall operate any solid waste management facility or constructionand demolition (C&D) debris processing facility or expand an existing facilityunless a license is obtained from the director except as authorized by §23-18.9-8. The director shall have full power to make all rules and regulationsestablishing standards to be met for the issuance of the licenses.
(2) The director shall promulgate rules and regulationsgoverning the uses and content of materials accepted and generated by aconstruction and demolition debris processing facility. Any costs associatedwith testing these materials by the facility or by the department to verify theresults of the facility's tests shall be borne by the facility. Each facilityshall be required to establish a fund with the department to cover the cost ofthese tests.
(b) Any person who desires to construct a solid wastemanagement facility or install any equipment in a solid waste managementfacility must first submit to the director for approval plans andspecifications and other related data required by the director.
(c) Processing facilities that accept less than one hundredand fifty (150) tons per day of construction and demolition debris (C&D) areexempt from the requirement of obtaining a solid waste management facilitylicense; however, they are not exempt from complying with all other applicablerequirements for the construction and operation of a construction anddemolition debris processing facility and are subject to the rules andregulations for these facilities promulgated in accordance with this section.
(d) No construction and demolition debris processing facilityshall be issued a license unless it has submitted a fire protection plan whichhas been approved by the local fire chief, or his or her designee in which thefacility is located.
(e) The local fire chief or his or her designee is authorizedto conduct random, unannounced inspections of facilities licensed under thissection to insure continued compliance with the approved fire protection plan.If any facility at the time of inspection is found not to be in compliance withthe approved plan that facility shall immediately cease operation until thetime that they correct any deficiency and the local fire chief or his or herdesignee finds the facility is in compliance with the approved fire protectionplan.
(f) Any facility that is found to be in violation of the fireprotection plan under this section on three (3) separate inspections, withinany three (3) year time period, shall have its license to operate under thissection revoked.
(g) A municipality that desires to evaluate availabletechnologies, equipment, or methodologies for managing solid waste, may requestapproval from the director to perform a limited demonstration pilot projectprior to submission of an application for a license. Demonstration projectsshall not exceed fifty (50) tons per day maximum capacity. The municipalitymust first submit to the director, for approval, plans and specificationsincluding fire protection plans and other related data as required by thedirector. The municipality shall also give public notice of the request andallow a thirty (30) day period for the director to receive public comment onthe proposed project. After the close of the public comment period, thedirector is authorized to approve or deny the request. Approval for ademonstration pilot project shall be granted for a period not exceeding six (6)months.
(h) Any facility that is licensed or registered by thedepartment under this chapter as of July 1, 2006 that accepts greater thanthree (3) cubic yards of tree waste as defined by subsection 23-18.9-7(14)shall be considered an existing tree waste management facility. Existing treewaste management facilities shall notify the department and the local firechief of the existence and scope of their tree waste management activities inwriting no later than August 30, 2006, and shall incorporate their tree wastemanagement activities in a revised operating plan as part of the next renewalof their license or registration.
