Rhode Island Code of Regulations Title 845 - Resource Recovery Corporation
Rhode Island Code of Regulations Title 845 – Resource Recovery Corporation
1. Overview
Title 845 of the Rhode Island Code of Regulations governs the Resource Recovery Corporation (RIRC), a state-chartered public corporation responsible for managing solid waste and promoting environmentally sound waste disposal and resource recovery in Rhode Island.
The RIRC’s mission is to ensure efficient waste management that protects public health and the environment while promoting recycling and energy recovery.
2. Purpose and Scope
To regulate and oversee solid waste management and resource recovery operations.
To establish procedures for the collection, transportation, and disposal of waste.
To encourage waste reduction, recycling, and energy generation from waste materials.
To manage contracts with waste haulers, facilities, and municipalities.
To protect public health, safety, and the environment.
3. Key Provisions
a. Waste Management Operations
Rules governing waste collection and transportation.
Standards for acceptable waste materials and prohibited items.
Operational requirements for waste facilities, including landfills and resource recovery centers.
b. Licensing and Permitting
Licensing requirements for waste haulers and operators.
Permit conditions for operating waste processing and disposal facilities.
Compliance monitoring and reporting obligations.
c. Environmental Protection Measures
Requirements to prevent pollution, including air emissions and groundwater contamination.
Procedures for handling hazardous or special waste.
Mandates for recycling and source separation of recyclable materials.
d. Contracting and Procurement
Procedures for awarding contracts related to waste management services.
Transparency and fairness in contracting processes.
e. Enforcement and Penalties
Investigations of violations and non-compliance.
Penalties including fines, suspension of licenses, and orders to cease operations.
Appeal procedures for affected parties.
4. Legal Principles
a. Administrative Authority
RIRC exercises delegated authority to regulate waste management within the state.
Has broad discretion in licensing, enforcement, and contracting, provided it follows regulatory procedures.
b. Public Interest and Environmental Protection
Regulations prioritize public health and environmental sustainability.
Balances economic considerations with ecological responsibilities.
c. Due Process
Licensees and contractors have rights to notice and hearings before enforcement actions.
Fair procedures are required for penalties and contract disputes.
5. Illustrative Case Law Principles
Though specific Rhode Island cases involving RIRC may not be widely published, typical judicial principles in administrative regulation and resource recovery apply:
Case 1: Waste Hauler v. RIRC
Facts: A waste hauler’s license was revoked for failure to comply with reporting requirements.
Issue: Whether revocation was justified.
Holding: Court upheld revocation, noting hauler's repeated non-compliance and RIRC’s authority.
Significance: Confirms RIRC’s regulatory power and enforcement discretion.
Case 2: Contractor v. RIRC Procurement Decision
Facts: Contractor challenged the awarding of a waste management contract.
Issue: Whether RIRC followed fair procurement procedures.
Holding: Court found procedural irregularities and remanded for reconsideration.
Significance: Emphasizes transparency and fairness in public contracting.
Case 3: Facility Operator v. RIRC Penalty
Facts: Operator fined for environmental violations.
Issue: Whether penalty was excessive.
Holding: Court affirmed penalty as reasonable and supported by evidence.
Significance: Supports RIRC’s role in enforcing environmental protections.
6. Summary Table
| Aspect | Description |
|---|---|
| Waste Management | Collection, transportation, disposal standards |
| Licensing & Permitting | Requirements for haulers and facility operators |
| Environmental Protection | Pollution control, recycling mandates |
| Contracting Procedures | Fair and transparent procurement practices |
| Enforcement & Penalties | Investigations, fines, hearings, appeals |
| Legal Principles | Administrative discretion, public interest, due process |
7. Conclusion
Rhode Island Code of Regulations Title 845 establishes the Resource Recovery Corporation as a key regulatory agency overseeing solid waste management with a focus on environmental protection and public health. Its authority encompasses licensing, enforcement, and contracting, exercised within procedural fairness and regulatory discretion.
Courts generally support the RIRC’s decisions when based on evidence and fair procedures, ensuring both effective waste management and respect for legal rights.
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