DEM TAKES ACTION TO SUSPEND AND REVOKE NEED'S SOLID WASTE MANAGEMENT FACILITY LICENSE

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News Release
RI Department of Environmental Management
235 Promenade Street, Providence, RI 02908
(401) 222-2771 TDD/(401) 222-4462

For Release:	August 22, 2002
Contact:	Gail Mastrati 222-4700 ext. 2402 Stephanie Powell 222-4700 ext. 4418

DEM TAKES ACTION TO SUSPEND AND REVOKE NEED'S SOLID WASTE MANAGEMENT FACILITY LICENSE

PROVIDENCE - The Department of Environmental Management, with assistance from the Rhode Island State Police, today took three actions addressing regulatory interference and long-standing violations at the transfer station and wood-processing facility operated by New England Ecological Development (NEED) Inc., of Green Hill Road in Johnston.

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. This action was based on NEED's interference with DEM's attempts to monitor and regulate the facility, as provided by state law.

On August 13, an inspector from DEM responded to an emergency at the NEED facility at the request of the Johnston Fire Department. During the response, the inspector was assaulted by the operator of the facility during the inspector's attempt to perform his duties. On August 16, NEED employees denied a request by DEM to inspect and examine the company's records. DEM's protection of the public health, safety and welfare requires that NEED provide DEM the opportunity to inspect the facility, examine its records, and obtain samples needed for testing and investigation.

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

· 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 including lead, arsenic and benzo(a)pyrene.

· 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.

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, however, 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.

DEM will hold an informational workshop on NEED's license application on September 5 at 5:30 p.m. in Room 300 at 235 Promenade Street in Providence. A public hearing on the license application will be held on November 7 in Room 300 at 235 Promenade Street at 5:30 p.m. The Department will accept written comments on the license application from all interested parties through December

Copies of the actions are available on DEM's website at www.dem.state.ri.us by clicking on "Publications" then "Proposed Regulations."

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