§ 23-19-13.1. Disposal of solid waste originating outside the state prohibited - Rules and regulations. (a) No person, firm, corporation, transfer station, or any other commercial entity engaged in the business of collecting, disposing, sorting, separating, recycling, processing, manufacturing, or remanufacturing of solid waste shall deposit or cause to be deposited solid waste that is generated or collected outside the territorial limits of this state at the central landfill, except as provided in this section. Each deposit in violation of the provisions of this section shall be punishable by imprisonment for up to three (3) years and/or a fine not to exceed fifty thousand dollars ($50,000).

(b)(1) Recyclable materials originating out-of-state that can be segregated into saleable commodities shall be allowed to be brought to the Rhode Island resource recovery corporation's recycling facilities for the purpose of further separation and/or sale, the profit of which shall be distributed as follows:

(i) Twenty-five percent (25%) to the town of Johnston. Such funds shall be held in a restricted account entitled "High Hazard Dam and Storm Water Mitigation fund" and be used exclusively for the repair and reconstruction of the OakSwamp Reservoir dam, including gate house and the Lower Simmons Reservoir Dam. Any remaining or future funds will be used for maintenance of the aforementioned dams and other storm water mitigation projects in the town of Johnston.

(ii) Twenty-five percent (25%) to the corporation.

(iii) Fifty percent (50%) to the remaining thirty-eight (38) municipalities to be distributed on a pro rata basis in accordance with the corporation's distribution of in-state recyclable profits to municipalities. The town of Johnston shall continue to receive its pro rata share of state recyclable profits.

(2) Nothing contained in this subsection shall allow the corporation to accept out-of-state construction and demolition debris materials.

(c) The Rhode Island resource recovery corporation shall promulgate any rules and regulations that may be necessary to ensure that solid waste that is generated or collected outside the territorial limits of this state is not deposited at the central landfill.

The rules and regulations shall provide that any commercial entity engaged in the business of collecting, disposing, sorting, separating, recycling, processing, manufacturing or remanufacturing solid waste, which deposits or causes to be deposited solid waste at the central landfill shall provide a certification to the corporation, via United States mail, that the waste was not generated or collected outside the territorial limits of this state. The certification shall be required to be made not less than every thirty (30) days, setting forth the date and time of each deposit within the thirty (30) day period and shall be under oath, stating that the oath is made under the pains and penalties of perjury.

(d) Any fine collected pursuant to the provisions of this section shall be remitted to the environmental response fund established pursuant to § 23-19.1-23. The town of Johnston and the department of attorney general shall be reimbursed from the environmental response fund for reasonable costs associated with the enforcement and prosecution of any violation of § 23-19-13.1; provided, however, that the amounts reimbursed shall not exceed the amount of fine monies collected for that violation pursuant to this section. The state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or as much of that sum as may be deemed necessary, from time to time, upon receipt by him or her of properly authenticated vouchers.

History of Section. (P.L. 1980, ch. 255, § 1; P.L. 1987, ch. 592, § 2; P.L. 2000, ch. 217, § 1; P.L. 2009, ch. 314, § 1; P.L. 2009, ch. 315, § 1; P.L. 2011, ch. 248, § 1; P.L. 2011, ch. 254, § 1.)