Rhode Island files suit against recycler

Janet Coit, the director of the Rhode Island Department of Environmental Management (DEM), and State Attorney General Peter Kilmartin have filed a complaint in Superior Court against two companies for environmental violations arising from a scrap metal recycling operation along the waterfront in Providence, Rhode Island.

The DEM says the court action follows a notice of violation it issued in 2012 against Rhode Island Recycled Metals LLC (RIRM), which operates the Providence scrap metal business, and AARE LLC, the Maysville, Kentucky-based property owner. The state agency also filed a notice of violation against Edward Sciaba Sr., RIRM’s on-site manager.

The complaint is for violations of Rhode Island’s Oil Pollution Control Act and Water Pollution Act and the DEM’s Water Quality Regulations, Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations and Oil Pollution Control Regulations.

According to Kilmartin, 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 stormwater controls to prevent pollution; and to comply with permits issued to RIRM by DEM.

Additionally, Coit and Kilmartin have asked the court to impose penalties against both companies for failing to comply with a consent agreement that was executed with the DEM 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 the DEM to resolve their environmental violations,” says 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.”

Kilmartin adds, “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.”

According to the suit, Jan. 10, 2013, RIRM submitted to the DEM an application and engineering plans for authorization of stormwater 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 stormwater.

On July 25, 2013, RIRM entered into a consent agreement to resolve a notice of violation the DEM issued against it on May 7, 2012, for discharging stormwater to the Providence River without a permit. RIRM agreed to maintain short-term relief actions to prevent pollution to the Providence River; complete all construction of stormwater controls by Sept. 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 Dec. 30, 2014, to its condition prior to the RIRM’s unauthorized activities.

However, inspections by DEM in October 2014 and again in December 2014 as well as in January and February 2015, and inspections by the United States Coast Guard in January 2015 revealed that the companies failed to comply with the relief measures; install the stormwater controls required by the agreement; remove the derelict vessels and restore the shoreline; and prevent oil spillage to the land and water, the suit alleges. The failure prompted the two state agencies to file the complaint.

To view the complaint, click here.