PROVIDENCE – SMM New England Corp., doing business as SIMS Metal Management, has been fined $875,000 for allegedly violating the Clean Air Act, Attorney General Peter F. Neronha announced on Wednesday.
The company, which operates a metal shredding facility in Johnston, could face another $1.1 million in penalties if it fails to meet conditions set forth by a settlement agreement with the attorney general and the R.I. Department of Environmental Management and the Environmental Protection Agency Region 1. The fine is the largest in state history for violations of the Clean Air Act.
The facility in Johnston has also agreed to install equipment to control the release of pollution that may be linked to cancer and severe respiratory illnesses. The company pledged to implement interim controls to limit the exposure to pollutants in the surrounding area until the new emission control system comes online. The shredder is currently offline due to the COVID-19 pandemic.
Of the funds paid in penalty, $550,00 will be paid to the state, while $325,000 will be paid for projects in Johnston and Providence.
By settling, the company did not agree to admit liability or to the allegation in the judgement, according to the filing.
“This negotiated settlement would not have been possible without the company’s cooperation and its commitment to take responsibility for its actions,” said DEM Director Janet Coit. “By avoiding costly and protracted litigation and negotiating an agreement that results in payment of substantial penalties and completion of supplemental environmental projects to improve air quality, we have ensured a good outcome for Rhode Islanders.”
The state said the company has been operating its shredder without the necessary permit and emission control since 2013. The shredder is used for end-of-life vehicles, appliances and other light gauge recyclable metal-bearing materials. The shredder generates enough heat to melt or burn plastics, paints, surfactants and oils in the scrap metals, which causes harmful emissions, according to the attorney general’s office.
The investigation into the company began in 2018.
“The bottom line is, we are not requiring that SMMNEC do anything beyond what they should be doing,” said Neronha. “Enforcing compliance with Rhode Island’s environmental laws isn’t anti-business. It preserves Rhode Islanders’ health, protects the state’s natural beauty – one of our greatest assets – and levels the playing field for those businesses that do make the necessary investments in pollution-control technology and follow the rules.”
The full consent judgement filed by Neronha Wednesday may be found here.
Chris Bergenheim is PBN web editor. You may reach him at Bergenheim@PBN.com.
