(a)  On and after January 1, 2016, each covered entity and each covered educational institution shall ensure that the organic-waste materials that are generated by the covered entity or at the covered educational facility are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:

(1)  The covered entity or covered educational facility generates not less than one hundred four (104) tons per year of organic-waste material; and

(2)  The covered entity or covered educational facility is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.

Terms Used In Rhode Island General Laws 23-18.9-17

  • 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. See Rhode Island General Laws 23-18.9-7
  • 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. See Rhode Island General Laws 23-18.9-7
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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. See Rhode Island General Laws 23-18.9-7
  • Covered educational institution: means a higher educational or research institution. See Rhode Island General Laws 23-18.9-7
  • 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. See Rhode Island General Laws 23-18.9-7
  • 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. See Rhode Island General Laws 23-18.9-7

(b)  On and after January 1, 2018, each covered educational institution shall ensure that the organic-waste materials that are generated at the covered educational facility are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:

(1)  The covered educational facility generates not less than fifty-two (52) tons per year of organic-waste material; and

(2)  The covered entity or covered educational facility is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.

(c)  The director shall grant a waiver of the requirements of subsections (a) and (b) upon a showing that the tipping fee charged by the Rhode Island resource recovery corporation for non-contract commercial sector waste is less than the fee charged for organic-waste material by each composting facility or anaerobic digestion facility located within fifteen (15) miles of the covered entity’s location.

(d)  On and after January 1, 2023, each educational entity (as defined in § 16-110-1) shall ensure that the organic-waste materials that are generated by the educational entity are recycled at an authorized composting facility or anaerobic digestion facility or by another authorized recycling method if:

(1)  The educational entity generates not less than thirty (30) tons per year of organic-waste material; and

(2)  The educational entity is located not more than fifteen (15) miles from an authorized composting facility or anaerobic digestion facility with available capacity to accept such material.

History of Section.
P.L. 2014, ch. 184, § 2; P.L. 2014, ch. 210, § 2; P.L. 2016, ch. 481, § 1; P.L. 2016, ch. 498, § 1; P.L. 2021, ch. 344, § 2, effective September 1, 2021; P.L. 2021, ch. 345, § 2, effective September 1, 2021.