DEM Orders RI Recycled Metals to Conduct Testing Post-Fire

DEM Orders RI Recycled Metals to Conduct Testing Post-Fire

GoLocal secured a copy of a letter issued by the Rhode Island Department of Environmental Management (DEM) to the owners of the property and the operator of the controversial Rhode Island Recycled Metals (RIRM) property ordering testing on the site.

The letter, which was issued on Monday, follows the fire on the site that took place in the early morning of April 11.

The incident spewed black smoke into the sky, and residents of Washington Park have complained about the odor.

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“We woke up with all that toxic smell,” said Linda Perry of the Washington Park Neighborhood Association.

 

RIRM also had a fire in 2021. 

 

State regulators have been citing the facility since 2012, but the company has never been fined or been required to take restorative action due to failed prosecution and court actions.

Over the past decade-plus, the company has been cited for violating the Clean Water Act and Ocean Pollution Act, but Attorneys General Peter Kilmartin and Peter Neronha have failed to secure court-ordered enforcement actions or penalties.

 

DEM’s Demand Letter Issued Monday

“After careful review of the Focused Compliance Inspection Report, the Department will require additional site soil sampling within the entire area of the fire and any areas affected by water runoff from the fire fighting. Inspectors reported observing numerous areas where visible oil and oil staining was present,” wrote Jeffrey Crawford, an Environmental Scientist at DEM.

“Please submit a detailed soil sampling plan for these areas detailing the sampling locations and sample collection depths. Combustion/burning is a common source for polycyclic aromatic hydrocarbons (PAHs) and, as such, all soil samples shall be analyzed at a laboratory for PAHs via EPA Method 8270,” added Crawford.

In addition, it is the Department’s understanding the RIRM currently suspects arson to be the cause of the recent fire, which would likely involve the use of an accelerant, in which case, soil samples shall also be laboratory analyzed for volatile organic compounds (VOCs) via EPA Method 8260 and total petroleum hydrocarbons (TPH) via EPA Method 8100. The proposed sampling plan shall be submitted to the Department by May 8, 2024,” stated Crawford’s letter.

 

$25,000 Fine Still Pending Since December

The DEM letter is unrelated to the Notice of Violation that the agency issued, which GoLocal reported on in March.

DEM has levied a $25,000 fine against the real estate company that controls the site and is legally intertwined with the scrap company.

The site has been called the "stain on the bay" by the environmental advocacy group Save the Bay. 

"The [notice of violation] pertains to RIRM’s failure to submit a public involvement plan (PIP) by the deadline of December 15, 2023, and the submission of the site investigation report 12 days after the deadline of December 1, 2023. After the NOV was issued, DEM received the PIP on December 29, 2023," said Michael Healey, spokesperson for DEM.

"RIRM has appealed the NOV to the Administrative Adjudication Division (AAD), which, as you know, is the administrative court for all environmental matters originating from DEM,” added Healey. “The AAD adjudicates all appeals of enforcement actions taken by the many regulatory programs within DEM and hears enforcement appeals for alleged violations of statutes and/or regulations under the jurisdiction of DEM. Such hearings are mandated by the Administrative Procedures Act,” 

The resolution of the appeal can take months. 

In addition, the City of Providence issued a cease and desist order to the facility for operating without a license, but that order was appealed to the Rhode Island Superior Court.

Judge Christopher Smith blocked the enforcement of the city's action. 

Another hearing on the matter is scheduled before Judge Smith on May 3.

 

Earth Day Protest

Community members and environmentalists held a protest outside the RIRM facility on Allens Avenue on Monday, Earth Day. The call was for environmental justice for all of the city of Providence's residents.

Representatives from Save the Bay, the Conservation Law Foundation, and the Washington Park Neighborhood Association all participated.

Doug Victor, one of the protestors, said to decision-makers and regulators in an interview with GoLocal, “Shame on you. Your policy needs to be ‘do no harm’ with every action you take, every legislative action you take. You know every policy influence you have…because there needs to be restorative justice here."