Companies Involved in Scrap Metal Recycling Operation along Providence Waterfront on Allens Avenue
PROVIDENCE - Department of Environmental Management Director Janet Coit and Attorney General Peter F. Kilmartin filed a complaint in Superior Court yesterday against two companies for environmental violations arising from a scrap metal recycling operation along the Providence waterfront on Allens Avenue. The court action follows a Notice of Violation issued by DEM against the entities in 2012, demonstrating that the compliance problems date back many years.
The complaint was filed against Rhode Island Recycled Metals, LLC (RIRM), which operates a business at 434 and 444 Allens Avenue that is engaged in the recycling of metal; AARE, LLC (AARE), the property owner; and Edward Sciaba, Sr., the on-site manager of and for RIRM. The complaint is for violations of Rhode Island's Oil Pollution Control Act and Water Pollution Act, and DEM's Water Quality Regulations, RI Pollutant Discharge Elimination System (RIPDES) Regulations, and Oil Pollution Control Regulations.
The complaint seeks a Court order to compel the companies: to immediately cease all activities that are causing or contributing to oil spillage into and near the Providence River; to install storm water controls to prevent pollution; and to comply with permits issued to RIRM by DEM. The DEM Director and the Attorney General are also asking the Court to impose penalties against the companies for failing to comply with a Consent Agreement that was executed with the DEM on July 25, 2013.
"These corporations failed to obtain the permits that were required to begin operations, ignored the law, and then did not comply with the agreement they reached with DEM to resolve their environmental violations," said DEM Director Janet Coit. "By failing to invest in the equipment and other measures necessary to prevent pollution, their actions harmed the environment. As government officials work together to stimulate the economy, it's so important that we ensure compliance with our laws to provide an even playing field."
"A clean and unpolluted waterfront and Narragansett Bay is a vital component to our economic development, and we cannot allow any company to violate the state's environmental statutes for quick profit," said Attorney General Peter Kilmartin. "Despite several attempts to address the violations through administrative procedures, these companies have failed to clean up their act and we have no choice but to have this matter resolved in court."
On January 10, 2013, RIRM submitted to the DEM an application and engineering plans for authorization of storm water discharges associated with construction activity at the property. On May 2, 2013, RIRM obtained authorization from the DEM for coverage under the 2008 General Permit for Construction Activity through the issuance of a Water Quality Certificate. On May 7, 2013, RIRM obtained an amended authorization from DEM for coverage under the Multi Sector General Permit to discharge storm water.
On July 25, 2013, RIRM entered into a Consent Agreement to resolve a Notice of Violation the DEM issued against the company on May 7, 2012 for discharging storm water to the Providence River without a permit. RIRM agreed to maintain short-term mitigative actions to prevent pollution to the Providence River; complete all construction of storm water controls by September 30, 2014, in accordance with the permits as required by the Agreement; and complete the removal of all derelict vessels from the Providence River and restore the shoreline of the river by December 30, 2014 to its condition prior to the unauthorized activities by RIRM.
Inspections by DEM in October and December 2014 and January and February 2015, and inspections by the United States Coast Guard in January 2015 revealed that the companies failed to: comply with the mitigative measures; install the storm water controls required by the Agreement; remove the derelict vessels and restore the shoreline; and prevent oil spillage to the land and water.