MedRecycler appeals DEM permit denial for medical waste treatment plant

PROVIDENCE – The company proposing to open a medical waste treatment plant in West Warwick is challenging the R.I. Department of Environmental Management’s denial of a key permit for the project.

MedRecycler-RI filed an appeal on Aug. 2 seeking to overturn the DEM’s decision to deny its permit application, DEM confirmed on Thursday. The appeal will be taken up by DEM’s Administrative Adjudication Division, which acts as a separate entity with a designated hearing officer and clerk who consider DEM administrative decisions in licenses, permits and other approvals, according to state law.

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The DEM in July issued its decision denying a key permit needed for the company to open its proposed medical waste treatment plant on Division Road along the East Greenwich-West Warwick line. In its decision, the DEM cited opposition from a number of local residents and elected officials, including the attorney general and members of the East Greenwich Town Council.

Also included in DEM’s explanation for its denial was a law passed in the 2021 legislative session which limits where high-heat waste treatment plants such as what MedRecycler proposed can be located, banning them from opening near schools, designated open spaces and a list of other protected areas.

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The administrative adjudication review will only consider whether the DEM’s decision should be overturned based on technical aspects. Whether the new law is applicable or constitutional – an attorney representing MedRecycler has insisted it is not – is a matter that can only be decided in state Superior Court, according to DEM spokesman Michael Healey.

Nicholas Campanella, CEO of MedRecycler, said in an email on Thursday the company also “continues to weigh other legal options” but did not provide more detail.

MedRecycler-RI in 2020 submitted its license application to the DEM, detailing plans to build a medical waste treatment plant on Division Road. Up to 70 tons of blood, needles and other medical human and animal waste would be shipped in daily, shredded, dried and treated at high heat using a process known as pyrolysis, which breaks down the waste into gas that can be burned for electricity.

The proposal drew harsh backlash, including in a multi-hour virtual public hearing in March in which local residents, city and state officials, doctors and environmentalists all voiced concern with what they say is unproven and untested technology with serious health, safety and environmental hazards. 

The DEM’s adjudication division has scheduled a status conference on the appeal for Sept. 8, according to Healey.

Update: This story has been corrected to change the source who responded on behalf of MedRecycler.

Nancy Lavin is a PBN staff writer. You may reach her at Lavin@PBN.com.