State Files Court Complaint Against Providence Waterfront Scrap Metal Companies for Ongoing Environmental Violations

If you’ve ever wondered if the giant pile of scrap metal piled high on the waterfront next to Interstate 95 in Providence is polluting the Providence River, the short answer is yes, it is.

And state officials say the owner and operator of the facility have ignored the law and refused to comply with an agreement after being cited for a host of environmental violations, including the discharge of oil into the Providence River.

The state Department of Environmental Management and Rhode Island Attorney General are now taking two scrap metal recyclers to court for ongoing environmental violations there.

The DEM and AG’s office filed a Superior Court complaint on Wednesday that follows a 2012 Notice of Violation issued by the DEM against Rhode Island Recycled Metals, LLC; and AARE, LLC., the property owner.

That violation demonstrated compliance problems date back many years, the DEM said in a release, and the court complaint asks the court force the companies to stop operations, install stormwater control measures and comply with permits issued by DEM. They’re also asking for penalties for failing to comply with a Consent Agreement executed with the DEM in 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.”

To read the entire complaint, go HERE.

From the DEM:

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.