Rhode Island Code of Regulations
Title 670 - State Planning Council
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Standards of the State Planning Council (670-RICR-00-00-1)
Section 670-RICR-00-00-1.6 - Solid Waste Disposal Facility Siting

Universal Citation: 670 RI Code of Rules 00 00 1.6

Current through September 18, 2024

1.6.1 Purpose and Authority

A. The purpose of this rule is to establish procedures for the evaluation, assessment, and certification of solid waste disposal facility sites and to designate areas where solid waste landfills, incinerators, and resource recovery facilities are prohibited. This rule is promulgated under the authority of:
1. R.I. Gen. Laws § 3-18.9-9(a) entitled, "Refuse Disposal". This section requires any proposed private solid waste disposal facility to obtain a certificate of approval from the State Planning Council. Furthermore, it authorizes the Council to promulgate rules for "the evaluation and/or assessment, and distribution of location of sites for waste facilities among the regions of this state".

2. R.I. Gen. Laws § 23-18.9-9.1(d) which designates areas in which solid waste landfill facilities, incinerators, and resource recovery facilities are prohibited and authorizes the State Planning Council to designate other such areas.

3. R.I. Gen. Laws § 23-19-10.2(a) entitled, "Rhode Island Resource Recovery Corporation". This subsection requires the Corporation to submit proposed solid waste disposal sites to the State Planning Council for certification that "each proposed site conforms with the state guide plan". Furthermore, it authorizes the Council to "promulgate regulations for the evaluation and/or assessment, and distribution of location of sites for waste facilities among the regions of the state".

1.6.2 Applicability

These Rules shall apply to any entity, including the Rhode Island Resource Recovery Corporation, which seeks to construct, expand, and/or operate a solid waste disposal facility as defined in §1.1.2(A)(8) of this Part.

1.6.3 Prohibited Sites

A. In addition to sites prohibited under R.I. Gen. Laws § 23-18.9-9.1, unless statutorily mandated, the following shall also be prohibited.
1. Solid waste incinerators and resource recovery facilities shall be prohibited from:
a. areas that support rare, endangered, or threatened species;

b. areas that support ecologically fragile, critical, and/or uncommon habitats;

c. areas that are dedicated to agricultural use through the acquisition of fee or development rights by any agency of state or local government; and

d. conservation areas, management areas, wildlife refuges, and parks or recreation areas that are owned by any level or agency of government.

e. In addition to the above, all other forms of solid waste disposal shall also be prohibited from:

f. areas within 1,200 feet of the center line of the following fresh water streams: Abbott Run Brook, Branch River, Potowomut River, Saugatucket River, Scrabbletown Brook, Ten Mile River, Usquepaug River, and Woonasquatucket River; and

g. areas within 10,000 feet of any part of an active state airport runway used by jet or turbojet aircraft; areas within 5,000 feet of any part of an active state airport runway used only by piston type aircraft.

1.6.4 Submission for Review

A. Requests for certification that a proposed disposal site conforms to State law, the State Guide Plan and these Rules shall be submitted to the Secretary of the Council. Each request shall include a description of the proposed project, which shall include, but not be limited to, the following information:
1. The identity of the applicant;

2. The geographic location of the proposal;

3. A description of the proposal by type and general size or scale;

4. A description of the alternatives considered, including alternative sites, an assessment of their comparative environmental impacts, and descriptive material necessary for their evaluation; and

5. Any such additional information the Secretary deems necessary to a finding of consistency or conformance with the State Guide Plan and these Rules.

1.6.5 Notification

A. The Secretary shall notify the applicant within five (5) business days as to whether the application is sufficient or whether additional information is needed. Insufficient requests shall be returned together with a statement of the information needed to commence a review.

B. Within three (3) business days of acceptance of the application, the Secretary shall post a notice on the Division of Planning website of projects undergoing a review. The notice shall contain a description of the proposed project. The notice shall offer interested parties a minimum of thirty (30) days to provide comment. Additionally, the Secretary shall send notice to the host and abutting municipalities and request an opinion as to whether the proposed project is consistent with the local comprehensive plan.

C. No later than ten (10) days before the Council meeting at which the proposal is to be reviewed, the Secretary shall mail a copy or summary of the proposal and staff report to each member of the Council and shall notify the applicant of the date of the Council review.

1.6.6 Review

A. The Secretary shall review the proposed project and prepare an advisory report to the Council. The advisory report shall briefly summarize the proposed project, the results of the review, and the findings of the Secretary as to whether the proposal does or does not conform to State law, the State Guide Plan, and these Rules. The Secretary may solicit the advice and recommendations of other State agencies.

B. In preparing the report, the Secretary shall consider:
1. Whether the site is in an excluded or prohibited area as specified by R.I. Gen. Laws § 23-18.9-9.1 or as designated in these Rules;

2. Evaluation of alternative sites and assessment of their comparative environmental impact;

3. The requirement that "distribution of location of sites for waste facilities among the regions of this state" be achieved; and

4. Conformity to the State Guide Plan.

C. The Secretary shall report the opinions received from each city and town hosting or abutting the project site as to whether the proposed project is consistent with the local comprehensive plan.

1.6.7 Certification of Proposed Sites

A. The State Planning Council may certify a site only upon demonstration of all of the following:
1. Conformance with the State Guide Plan;

2. Compliance with criteria for solid waste facility siting; and

3. The preferred site is at least comparable to alternative sites, taking into consideration comparative environmental impact and regional distribution of sites.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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