R.I. Agency Suspends Facility Operations

The Rhode Island Department of Environmental Management has taken three actions addressing regulatory interference and long-standing violations at a transfer station and wood-processing facility operated by New England Ecological Development Inc., Johnston, RI.

The first action was a Summary Suspension of NEED's existing license to operate the transfer station and wood-processing facility. The terms of the suspension require the facility to immediately cease accepting waste and initiate closure at the site.

One of the biggest points of contention, according to a spokesman for the Rhode Island DEM, has been NEED’s refusal to allow the agency to inspect and obtain records from the facility.

The second action issued was a Notice of Revocation of NEED's existing license to operate the transfer station and wood-processing facility. This is a permanent revocation of NEED's existing license, which becomes effective in 30 days, unless a hearing on the matter is requested.

Finally, DEM issued a Notice of Intent to Deny the facility's pending application to renew its transfer station license and operate a construction and demolition debris processing facility at the Johnston site. In issuing the Notice, DEM cited numerous deficiencies in NEED's license application and operating plans, including:

•The continued excessive storage of processed and unprocessed construction and demolition debris on site, in violation of state law and RI solid waste regulations. The piles have become so large, according to the DEM, that the company is using satellite locations as places to store the excess material. One problem is the lack of end markets for the C&D material.

•Recurring air quality violations and potential water quality and fire concerns

•Failure to provide documentation or assurances verifying end-use markets for the stockpiled construction and demolition debris on site. Waste materials from NEED have been found illegally dumped at numerous public and private projects throughout the state, in violation of RI solid waste regulations; analytical results of these materials show high levels of contaminants.

•The lack of an approvable closure plan, as required by the RI solid waste regulations, and a serious deficiency of funding (estimated to be several million dollars) to properly close the site and dispose of the current stockpiled waste

NEED has accepted municipal solid waste and construction and demolition debris at the Johnston facility for more than a decade. Statutory and regulatory changes in the late 1990s imposed new operational requirements on all processing facilities similar to NEED. The information submitted by NEED in its application has failed to address these requirements. Furthermore, DEM has issued numerous enforcement actions against the NEED facility for continuing solid waste violations throughout the years.

According to published reports, NEED’s application currently has 86 deficiencies. Additionally, according to the DEM, NEED’s facility has had multiple violations over the past year, with very little being done to rectify the situation.

The actions taken by DEM are solely related to NEED's transfer station and wood-processing operations at the Johnston facility, and in no way impact the company's ability to conduct curbside pick-up, transport solid waste, or dispose of solid waste at other licensed solid waste management facilities, including the Central Landfill.

The order does prohibit the shipment of waste through NEED's transfer station. NEED can continue to directly haul solid waste from pick-up routes to the Central Landfill and other licensed facilities.

At the present time representatives from NEED, as well as staff from the DEM, are in court over the case. The attorney for NEED are seeking a restraining order to keep the suspension from going into effect.