845-RICR — Resource Recovery Corporation

Chapter 00

Subchapter 00

845-RICR-00-00-1 Rhode Island Solid Waste Management Corporation Flow Control Regulations

845-RICR-00-00-1 § 1.1 Purpose

A.The purpose of these regulations is to provide for the uniform supervision of collecting, hauling, transferring, and disposing of solid waste that is collected and generated within the State of Rhode Island and for the designation of disposal systems and facilities for such solid wastes so as to

1.maximize resource recovery from solid waste such as the recovery of energy through combustion and maximize source reduction, source separation, recycling and reuse of such resources,

2.protect and conserve public resources and the public health,

3.ensure that illegal disposal of solid waste, whether in Rhode Island or elsewhere, does not occur,

4.reduce or eliminate liability of the agencies and municipalities of the State for the illegal disposal of solid and hazardous waste that may be commingled with solid waste,

5.plan for and regulate the amount and character of vehicle traffic which transports solid waste, and

6.to plan for the establishment of systems and facilities to accommodate solid waste disposal and processing needs on a long term basis. Collecting, hauling, transferring, and disposing of solid waste are activities that are affected with a public interest and uniform supervision of such activities along with designation of disposal systems and facilities is necessary to protect and preserve the environment and public resources and to promote the convenience, health, comfort, safety and welfare of the people of the state and is a proper exercise of the police power of the state and statutory powers of the Solid Waste Management Corporation.

B.These regulations are promulgated to support a long range integrated solid waste management system which is based on the following priorities to the extent economically feasible:

1.Maximizing source reduction;

2.Maximizing source separation, recycling and reuse of resources;

3.Maximizing resource recovery from solid waste such as the recovery of energy through combustion; and

4.Minimizing landfilling.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.2 Authority

The Solid Waste Management Corporation promulgates these regulations and Enforcement Plan (§ 1.13 of this Part, Appendix A) pursuant to the authority of the Solid Waste Management Corporation Act, R.I. Gen. Laws § 23-19-1 et seq., including R.I. Gen. Laws § 23-19-10, 23-19-13, and 23-19-28.1 and the Administrative Procedures Act, R.I. Gen Laws § 42-35-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.3 Definitions

"Act" means the Solid Waste Management Corporation Act.

"Corporation" means the Solid Waste Management Corporation.

"Executive Director" means the executive director of the Corporation or his designee.

"Disposal" means depositing, casting, throwing, leaving or abandoning of a quantity greater than three (3) cubic yards of solid waste.

"Hauler" means any person, municipality, corporation or business of any type engaged in the business of transporting or disposing solid waste originating or collected within the State of Rhode Island.

"Load of solid waste" means any containerized solid waste which is transported within the State of Rhode by an individual vehicle or trailer.

"Solid waste" means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material generated by residential, institution, commercial, industrial, and agricultural sources but does not include solids or dissolved materials in domestic sewage.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.4 Designation of Disposal Systems and Facilities

Solid waste management and disposal facilities licensed by the Rhode Island Department of Environmental Management shall be used exclusively by all waste generators, haulers, and transporters for final disposal of all solid waste originating or collected within the State of Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.5 Disposal

A.Every hauler of solid waste originating or collected within the State of Rhode Island shall deliver every load of such solid waste to and dispose of such solid waste at a disposal facility or system designated by the Corporation for such disposal. Disposal of solid waste originating or collected within the State of Rhode Island at facilities or systems other than those designated by the Corporation or the delivery of such solid waste for disposal at such facilities as prohibited.

B.These Regulations do not apply to those recyclable materials which have been designated as recyclables by the Department of Environmental Management and which have already been separated from the solid waste stream for the purpose of reuse or recycling.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.6 Orders

The Corporation may issue orders requiring that any hauler cease and desist delivering for disposal or cease and desist disposing solid waste originating or collected within the State of Rhode Island at other than facilities or systems designated by the Corporation. The Corporation may impose administrative penalties for delivery or disposal of solid waste in violation of these regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.7 Penalties

Ever hauler delivering solid waste originating or collected within the State of Rhode Island for disposal at or disposing such solid waste at facilities or systems that have not been designated by the Corporation, shall be assessed an administrative penalty of up to $1,000 for each load of solid waste that has been so delivered or disposed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.8 Notice of Violation

A.Whenever the Executive Director has reasonable grounds to believe that a hauler has delivered solid waste for disposal or disposed solid waste at a facility or system not designated by the Corporation or otherwise has violated the provisions of the Act and the Corporation's enforcement plan, the Executive Director may issue a notice of violation requiring the hauler to show cause why he should not be ordered to cease and desist such activity and/or be assessed an administrative penalty in accordance with the provisions of these regulations. The notice of violation shall specify the alleged activity that violates these regulations, the regulations and/or statutes violated, the amount of the fine, if any, proposed and that the hauler may within ten (10) days of receipt of the order request in writing a hearing. The notice of violation shall be served in the manner in which summonses authorized by the Superior Court Rules of Civil Procedure are served or by certified mail return receipt requested.

B.If a hauler, who receives a notice of violation, does not make written request for a hearing within ten (10) days of receipt of the notice of violation, the provisions of the notice of violation shall become final, effective and ordered in accord with the terms of the notice of violation and any proposed administrative penalty shall become final, assessed and due the Corporation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.9 Hearing

A.Hearings shall follow the procedures and requirements of the Administrative Procedures Act. The Executive Director shall designate a Hearing Officer to preside at the hearing and to render a decision. If a Hearing Officer designated is a member of the Corporation's staff, he shall not have had any prior involvement in the issuance of the notice of violation or subject matter of the hearing.

B.The Corporation shall have the burden of proving by a preponderance of the evidence that the hauler has delivered solid waste for disposal or disposed solid waste at a facility or system that has not been designated by the Corporation.

C.Subject to the control and rulings of the Hearing Officer, a hauler, who has requested a hearing, shall have a reasonable opportunity to cross-exam witnesses presented by the Corporation, examine and object to the introduction of evidence and present witnesses and evidence in his own behalf.

D.Upon finding that the Corporation has proven by preponderance of the evidence that the hauler has delivered solid waste for disposal or has disposed of solid waste at facilities or systems not designated by the Corporation, the Hearing Officer shall impose a fine of up to $1,000 for each load or partial load of solid waste so delivered or disposed and shall order the hauler to cease and desist such activities.

E.Upon finding that the Corporation has not proven its case by a preponderance of the evidence the notice of violation shall be revoked.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.10 Determination of Administrative Penalty

A.When imposing an administrative penalty the Hearing Officer shall consider to the extent practicable:

1.The extent of noncompliance with the Corporation's enforcement plan;

2.The action and potential impact on public health, safety and welfare and the environment of the failure to comply;

3.The actual and potential damages suffered, and actual or potential costs incurred, by the Corporation or by any other person;

4.Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance;

5.Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, order, or approval issued or adopted by the Executive Director or any law which the Executive Director has the authority or responsibility to enforce;

6.Making compliance less costly than noncompliance;

7.Deterring future noncompliance;

8.The financial condition of the person being assessed the administrative penalty;

9.The amount necessary to eliminate the economic advantage of noncompliance including but not limited to the financial advantage over competitors from the noncompliance;

10.Whether the failure to comply was intentional, willful or knowing and not the result of error;

11.Any amount specified by state and/or federal statute for a similar violation or failure to comply;

12.Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and

13.The public interest.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.11 Civil and Criminal Proceedings

Nothing in these regulations shall preclude the Corporation from instituting pursuant to authority of the Act civil and/or criminal proceedings to enforce the provisions of these regulations and the Act.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.12 Appeal

Appeal of decisions of the Corporation shall be to the Superior Court and shall follow the procedures established in the Rhode Island Administrative Procedures Act.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-1 § 1.13 Appendix A

A.Solid waste management and disposal facilities licensed by the Rhode Island Department of Environmental Management:

1.Charlestown Landfill, Charlestown, RI

2.Central Landfill, Shun Pike, Johnston, RI

3.Hometown Properties, Inc. and Homevest, Inc. Landfill, Dry Bridge Road, North Kingstown, RI

a.operating pursuant to Court order.

4.Tiverton Landfill, Main Road, Tiverton, RI

5.Westerly Landfill, Route 91, Westerly, RI

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-03-09 to 01/04/2022
• Periodic Refile — effective from 2007-03-09 to 03/09/2007

845-RICR-00-00-2 Rules and Regulations for the Prohibition of Out-of-State Waste at the Rhode Island Resource Recovery Corporation Central Landfill

845-RICR-00-00-2 § 2.1 Out of State Waste Prohibited

The rules and regulations of the Corporation is to reject any solid waste at the Central Landfill which neither originated nor was generated within the State of Rhode Island as defined in R.I. Gen. Laws § 23-19-13.1.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Adoption — effective from 2009-10-06 to 06/02/2018

845-RICR-00-00-2 § 2.2 Contracting

A.RIRRC shall establish clauses in its contracts with commercial customers specifying that the customer and/or their solid waste hauling designee shall not deliver out-of-state waste to the Central Landfill, and that all customers will cooperate with the Corporation to verify and ensure compliance with these rules and regulations. RIRRC may enforce this restriction on out-of-state waste through suspension of contract terms, either temporarily or permanently, or through prosecution of penalties cited in R.I. Gen. Laws § 23-19-13.1, or a combination of contract penalties and prosecution.

B.All commercial waste haulers will be allowed, as soon as practicable after the promulgation of these Rules, to enter into contracts with the Corporation containing, inter alia, provisions concerning the following:

1.Such contracts will be for a specific period.

2.The contract will specify that the customer and/or their solid waste hauling designee shall not deliver out-of-state waste to the Central Landfill, and that the customer will cooperate with the Corporation to verify compliance.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Adoption — effective from 2009-10-06 to 06/02/2018

845-RICR-00-00-2 § 2.3 Declaration Regarding Waste Delivery

All customer/haulers delivering solid waste to the RIRRC shall be presented a “Declaration Regarding Waste Delivery” document, which shall state the following; “The undersigned declares, to the best of their knowledge that 100% of the solid waste delivered to the Central Landfill in the vehicle and on the date above, was generated and collected in Rhode Island, is not Hazardous Waste, does not contain in excess of 20% recyclable material, as defined by DEM regulation, and complies with all applicable laws and regulations.”

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Adoption — effective from 2009-10-06 to 06/02/2018

845-RICR-00-00-2 § 2.4 Review and Investigation

Rhode Island Resource Recovery Corporation may initiate reviews of customer/haulers records and/or conduct other investigations, such as surveillance of transfer stations and points of entry into Rhode Island and inspection of loads for out-of-state waste, so as to verify that waste delivered to the Central Landfill is, in fact, generated and collected in Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Adoption — effective from 2009-10-06 to 06/02/2018

845-RICR-00-00-2 § 2.5 Use for Construction, Operation or Closure

Solid waste generated in Rhode Island and processed outside of Rhode Island to be used as part of the construction, operation or closure of the Central Landfill shall be considered acceptable solid waste pursuant to these Rules and Regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Adoption — effective from 2009-10-06 to 06/02/2018

845-RICR-00-00-2 § 2.6 Interpretation and Severability

The provisions of these Regulations shall be liberally interpreted to accomplish their stated purpose. If any provisions hereof or the application thereof to any person or circumstances is held invalid or is rendered invalid by legislation subsequently adopted by the General Assembly, the remaining provisions, and the application of such provisions to any other persons or circumstances shall not be affected thereby.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-02 to 01/04/2022
• Adoption — effective from 2009-10-06 to 06/02/2018

845-RICR-00-00-3 Rhode Island Resource Recovery Annual Municipal Solid Waste Cap Allotments

845-RICR-00-00-3 § 3.1 Purpose

In accordance with R.I. Gen. Laws § 23-19-13(g)(3) the Rhode Island Resource Recovery Corporation (“the Corporation”) has developed the below procedure to calculate “the maximum amount of municipal solid waste that each municipality will be entitled to deliver to the corporation at the municipal tipping fee”, known as the municipal solid waste cap (hereafter “Cap”).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-06 to 01/04/2022
• Adoption — effective from 2012-06-06 to 06/06/2012

845-RICR-00-00-3 § 3.2 Overview

A.The Cap calculation procedure is based on the following criteria:

1.the total of the statewide Cap and diversion adjustments shall not exceed historical waste generation;

2.Caps shall be based on waste diversion targets, not on actual performance; and

3.the distribution should account for both year round and seasonal populations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-06 to 01/04/2022
• Adoption — effective from 2012-06-06 to 06/06/2012

845-RICR-00-00-3 § 3.3 Procedure

A.On or before April 1st prior to the Corporation’s fiscal year beginning July 1st the Corporation will update the municipal solid waste disposal caps using the steps below, and notify each municipality of its Cap allocation for the upcoming fiscal year.

1.Calculate total statewide municipal sector waste generation by totaling all solid waste, and recyclables (i.e., refuse, MRF recyclables, yard debris, scrap metal/white goods, tires, etc.) as reported annually by municipalities to RIRRC.

2.Calculate the total statewide Cap by reducing the statewide municipal sector waste generation by the waste diversion assumption of 35%, i.e. {statewide Cap X (1-0.35)}

3.Obtain the most recent year population estimate for each municipality from the more current of the decennial U.S. Census or the Rhode Island Department of Administration Statewide Planning Program’s official Population Projection.

4.Calculate the year-round equivalent seasonally adjusted population:

a.Obtain the most recent seasonal housing estimates from the decennial census;

b.For each municipality assume three occupants per seasonal household, unless a modification to this assumption is approved by the Corporation’s Executive Director. A municipality seeking to increase the occupants per seasonal household assumption shall submit a formal request prior to March 1st to the Corporation’s Executive Director for consideration. Such a request should be supported by documented evidence, such as renter/realtor surveys that show a greater number of occupants per seasonal household assumption applies to the municipality. Approval of any request for an increase to the seasonal housing shall be at the discretion of the Corporation’s Executive Director and shall be granted for the duration of the fully executed Municipal Solid Waste Agreement signed by both the Corporation and the municipality;

c.For each municipality calculate the seasonally adjusted population using the following formula:

{Population Estimate} + {Seasonal households X occupants per seasonal household X 3.5 months / 12 months per year}

5.Calculate each municipality’s Cap by multiplying its percentage of the total statewide seasonally adjusted population by the total statewide Cap.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-06 to 01/04/2022
• Adoption — effective from 2012-06-06 to 06/06/2012

845-RICR-00-00-4 Municipal Solid Waste Disposal Fee Pricing Structure and Procedure

845-RICR-00-00-4 § 4.1 Purpose

A.The purpose of this rule is to establish cost- based and predictable municipal disposal fees to fund the Corporation’s requirements to provide safe, environmentally compliant and cost effective disposal services to all RI municipalities, while at the same time ensuring that the solid waste management system remains financially self-sufficient, reserving all cash surpluses for the following reasons only:

1.Defer any future municipal price increases;

2.Fund required major capital investments i.e. a new MRF or other RIRRC Board authorized reserves

3.Increase landfill life using surplus to offset revenue losses from lower commercial volumes.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016

845-RICR-00-00-4 § 4.2 Overview

The municipal solid waste disposal fee pricing structure is based on projected operating cash expenses, projections for debt service and normalized capital requirements. Each biennial review will produce firm two-year municipal solid waste disposal fees, plus a planning estimate for the remaining three years of the five year look-ahead period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016

845-RICR-00-00-4 § 4.3 Authority

Pursuant to the provisions of R.I. Gen. Laws Chapters 23-19-1 et seq., including 23-19-3, 23-19-10(5), 23-19-10(10), 23-19-13, 23-19-28.1, as amended, and in accordance with the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, the Rhode Island Resource Recovery Corporation promulgates this rule for the purpose of establishing a Municipal Solid Waste Disposal Fee Pricing Structure and Procedure.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016

845-RICR-00-00-4 § 4.4 Definitions

“Annual tonnage disposal target” means the target sum of solid waste tons received for disposal by RIRRC for both the commercial and the municipal sectors as projected in its Five-Year Financial forecast prepared by October 1st of each year as per R.I. Gen. Laws § 23-19-37.

“Capital” means funds used to acquire or upgrade business assets with a value over $10,000 and a useful life greater than one year.

“Cash surplus” means when the cash balance of the Corporation exceeds “minimum cash balance requirements”.

“Cash deficit” means when the cash balance of the Corporation is below “minimum cash balance requirements”.

“Cash from operations” means net income plus depreciation and closure post-closure costs.

“Capping costs” means expenses required to cover the landfill when an active area is filled and can no longer accept solid waste for disposal.

“Debt service cost” means payments of principal and interest on debt.

“Disposal” means depositing, casting, throwing, leaving or abandoning materials that are no longer wanted, needed, or have reached the end of their useful life, which need to be further managed.

“Disposal fee” means the price charged to the customer for the proper disposition of an item or items of solid waste.

“Extraordinary expenses” means cash outlays for non-recurring or non-operation expenses, such as remediation of regulatory issues, legal settlements and funding the landfill closure/post-closure trust, that are not included in operating cash expenses, debt service, or normalized capital and closure expenses.

“Equipment use fee” means the fee assessed to customers when assistance from the Corporation is needed, and the use of Corporation equipment is required. Such equipment may include a loader, bulldozer, roll-off container, or tow line.

“Fiscal year” means the period beginning July 1 and ending the following June 30.

“May” means permissive or discretionary.

“Minimum cash balance requirements” means the cash on hand needed for emergencies, pay ongoing operating expenses, comply with bond covenants and fund authorized reserves as determined by the RIRRC Board of Commissioners.

“MRF” means Materials Recycling Facility, specifically the facility located at 33 Shun Pike, Johnston, Rhode Island.

“Municipal disposal fee” means the fee, defined in R.I. Gen. Laws § 23-19-13(g)(1), charged by the Corporation to municipalities for with which it has a long-term contract for the disposal of solid waste. This rule shall not supersede R.I. Gen. Laws § 23-19-13(g)(3).

“Municipal solid waste”, or “MSW”, means that solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of that municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise, nor does it include hazardous waste as defined in R.I. Gen. Laws § 23-19.1-4(4).

“Normalized capital and capping” means the arithmetic average of the five years of projected annual capitalized expenditures and capping costs.

“Operating cash expenses” means all operating expenses as included in the audited financial statements except for depreciation and closure/post-closure.

“Recycling cash revenue” means RIRRC revenues projected for the processing and sale of materials segregated from the waste and generated by MRF, Composting, and Tipping Facility operations.

“RIRRC” or “Corporation” means Rhode Island Resource Recovery Corporation.

“Shall” means mandatory.

“Solid waste” means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material generated by residential, institutional, commercial, industrial, and agricultural sources but does not include solids or dissolved materials in domestic sewage.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016

845-RICR-00-00-4 § 4.5 Procedure

A.Beginning September 1, 2016 and every other year thereafter, the following procedure shall be used to determine the Municipal Disposal Fee to be charged in the two subsequent fiscal years beginning July 1, noting that a Municipal Disposal Fee increase is warranted only when the Corporation’s projected cash balance falls below the minimum cash balance requirement:

1.The Corporation shall prepare a five-year financial projection of its cash flows and balances no later than October 1. This five-year projection shall use as the baseline municipal disposal fee the prevailing municipal disposal fee in effect at the time of the analysis; the baseline fee shall carry through all five years of the projection. The projection shall include full funding of landfill closure/post-closure liabilities.

2.If a cash deficit shows in either of the first two years of the projection period then the formula described in § 4.5(A)(3) of this Part below will be used to determine the new Municipal Disposal Fee to be effective for those two fiscal years. The disposal fee as derived shall become the new baseline fee, against which further determinations of the need for future increases shall be measured. If a cash surplus is projected in each of the first two years of the projection then the municipal disposal fee will not be adjusted, and the baseline fee in effect at the time of the projection analysis shall be the municipal disposal fee effective for the subsequent two fiscal years.

3.The projected Municipal Price per ton shall be calculated for each year of the five-year projections using the following formula or as amended by future rulemaking:

a.{Operating Cash Expenses + Debt Service + Normalized Capital and Capping + Extraordinary Cash Expenses} – Recycling Cash Revenue = Total Landfill Cash Expenses

b.Total Landfill Cash Expenses - Commercial Revenue = Cash Required from Municipal Tip Fees

c.Cash Required from Municipal Tip Fees / Target Municipal Tonnage = Projected Municipal Price per Ton

4.The Municipal Disposal Fee shall be equal to the arithmetic average of the projected Municipal Price per Ton of the first two years of the five-year projection period, rounded to the nearest whole dollar amount. Projection years three through five shall use the set fee for planning and directional purposes only. The adjustments to the Municipal Disposal Fee will be approved and authorized by the Corporation’s Board of Commissioners pursuant to R.I. Gen. Laws § 23-19-10(10) as amended, and communicated to municipalities no later than December 31, for implementation the following July 1.

5.All other fees shall be evaluated annually (see § 4.6 of this Part).

6.Pursuant to R.I. Gen. Laws § 23-19-31 as amended, recyclable materials as determined by the Department of Environmental Management shall be accepted for processing by the Corporation without a disposal fee, with the exception of those materials deemed prohibitive or contaminated, as described in § 4.6(B) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016

845-RICR-00-00-4 § 4.6 Additional Fees

A.Materials Recycling Facility (MRF) and Compost Facility rejected loads

1.Loads of collected recyclable materials or leaf and yard debris which, after a determination made by the RIRRC Operations Supervisors, are seen to contain prohibited materials or excessive contamination shall be rejected and reclassified as MSW and the municipal solid waste disposal fee applied. In addition to the landfill fee, a rejected load fee shall also be applied for every instance of rejection. The rejected load fee shall be the same amount as charged to landfill customers for the “Equipment Use Fee”.

B.Disposed materials, not coded to landfilling

1.Municipalities shall be charged disposal fees for non-landfilled materials indicated on the annual “Rate Code and Prices” sheet, as approved by the Corporation’s Board of Commissioners.

C.Items disposed by Third Party Operator (TPO)/Vendor

1.From time to time there may be materials that for various reasons are either unable to be, are unsuitable to be, or prohibited from being landfilled. When there is a third party operator or vendor cost to removing the materials from the landfill site, that cost may be passed on to the customer.

D.Leaf and Yard Debris

1.Leaf and Yard Debris shall be accepted at the facility, pursuant to R.I. Gen. Laws § 23-19-3(17), and associated fees outlined in the statute applied.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016

845-RICR-00-00-4 § 4.7 BILLING

A.The Corporation shall bill the municipality monthly for the disposal of MSW at the central landfill and the municipality agrees to pay all sums due within thirty (30) days of invoice date.

B.The Corporation shall allow an early payment discount. Upon receipt of full payment of an invoice within 20 days of the invoice date which brings the municipality’s outstanding balance to zero, the municipality shall receive a one-and-one-half percent (1.5%) discount from the invoice's amount. The municipality's eligibility expires monthly and is renewed monthly with the issuance of each month's invoice, as stated in § 4.7(A) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2016-02-22 to 01/04/2022
• Adoption — effective from 2016-02-22 to 02/22/2016