PROVIDENCE – As the long-running disputes Rhode Island Recycled Metals LLC has faced with state and city authorities continue, the City Council passed a resolution Thursday condemning and calling for the closure of the embattled scrap metal yard.
“This scrapyard is a hazard to its neighbors and dangerous to our environment,” said Councilman Pedro Espinal, who sponsored the resolution. “The business must be held accountable for its repeated violations and disregard for public safety. It should be closed immediately.”
The resolution comes weeks after a fire broke out at the scrapyard on Allens Avenue, sending plumes of smoke into the city’s skyline.
According to the resolution, the fire serves as a reminder of the “...ongoing threats posed by the company’s operations…” Recycled Metals has a series of violations of environmental regulations dating back to at least 2012, when the R.I. Department of Environmental Management cited the scrapyard for polluting the nearby Providence River.
“It has gone on way too long,” Espinal said. “I really feel the system has failed the residents of Ward 10.”
Patrick Sweeney, a spokesman for Recycled Metals, said in a statement the cause of the fire is still being investigated, but the company believes it was most likely arson. He also said the R.I. Department of Environmental Management officials determined there were no concerns about water run-off or air pollution.
Among its ongoing legal battles, Recycled Metals is contesting a cease-and-desist the city issued to the business on March 8 after the company withdrew their application for a license with the city.
Sweeney and lawyers for Recycled Metals have said the scrapyard has not been following the cease-and-desist order because it has state licenses and does not need one from the city. Also, Sweeney said the license does not apply to the company and is not required under its operations.
The resolution, which has been sent to Providence Mayor Brett P. Smiley and DEM along with other state agencies, calls for authorities to continue investigations, enforcement and to take “...swift and decisive action that goes as far as full closure of the facility…” Though the resolution doesn’t carry any legal weight, it’s another tool to advocate for holding the company accountable, Espinal said.
Josh Estrella, spokesperson for Smiley, said in a statement it’s “...critical for the safety and public health of our neighbors that operations are ceased…” at the scrapyard until it gets all necessary licenses. Estrella also said its important for state agencies to hold the company accountable for "...the multiple matters that are squarely within their jurisdiction."
Espinal said that if the cease-and-desist order is not enforced by the court he will look for other ways to hold the company responsible.
“We’re taking it step by step,” he said.
On the other hand, Sweeney said that the company has been subject to unfair scrutiny.
“RIRM [Rhode Island Recycled Metals] has been cast in a false light by certain individuals while being subjected to government overreach for exclusive purpose and intent to take the RIRM [Rhode Island Recycled Metals] property by unlawful means,” Sweeney said. “Throughout this process, we have welcomed the Court’s oversight and are compliant with all Court orders.”
Sweeney said that if “...cooler heads do not prevail, it will necessitate RIRM to take any and all actions needed to protect the rights of RIRM.” He did not specify what those actions would be.
The company hopes to resolve the licensing dispute with the city amicably, Sweeney said.
Along with this, Recycled Metals plans to continue to work with the city solicitor, DEM as well as stakeholders including elected officials while it continues the R.I. Pollutant Discharge Elimination System process to install storm water controls that are consistent with pervious proposals.
Evan LaCross, a spokesperson for DEM said in a statement to PBN that the agency is following the city's actions related to the scrapyard and will continue to react and coordinate accordingly.
"DEM remains committed to bringing the site into compliance with all environmental laws and regulations," LaCross said.
Katie Castellani is a PBN staff writer. You may contact her at Castellani@PBN.com.
