Rhode Island DEM Approves License for C&D Recycler

The Rhode Island Department of Environmental Management (DEM) has issued a three-year solid waste facility management license to TLA Providence LLC to operate TLA Pond View of East Providence, R.I. The license imposes new conditions and will allow the company to continue and expand its construction and demolition debris processing facility. Over a phased-in schedule, and once an air monitoring plan is in place, the recycling facility will be licensed to accept up to 1,500 tons per day of C&D debris.

According to the DEM, the license was issued after a thorough review and consideration of public comments on TLA Pond View's application for a license to continue and expand its current operation. The state agency held two public hearings on the company’s request late last year. During the hearings, more than 250 comments from the public were made at the hearings and during the subsequent public comment period. As part of the license review process, DEM reviewed and responded to each of the comments received.

"Today's license decision was carefully crafted after reviewing the application and public concerns, and includes important conditions designed to protect health and the environment. DEM will continue to aggressively monitor the Pond View facility to ensure that it operates in compliance, and to reach out to the city to coordinate on conditions and oversight of this facility," says Janet Coit, DEM’s director.

As a result of the review process, DEM has attached 27 operating conditions to TLA Pond View’s license. These conditions address public concerns related to a number of environmental and safety issues. TLA Pond View is required, under the new license, to substantially reduce the amount of time specific materials can be stored at the facility from three months to no longer than 14 days, and to implement an air quality monitoring plan for an expanded set of parameters. The air quality monitoring plan must be submitted to DEM within 45 days of the license issuance, and must be implemented within 30 days of DEM's approval of the plan.

Further, in accordance with its approved operating plan, TLA Pond View is required to take additional measures to minimize and prevent dust from emanating beyond the perimeter of its site, such as modifying equipment, paving, planting vegetation, extending the length of the earthen berm and increasing the height of the wooden fence. These conditions will reduce potential for dust and odor to migrate off-site.

The license approval includes a phased-in schedule for the amount of material the recycling facility is allowed to receive and process, as follows:

• From the date of issuance until 90 days following the implementation of the Air Quality Monitoring Plan outlined in Condition #11 of the license, the facility shall receive no more than 750 tons per day of construction and demolition debris;
• For 90 days following the completion of monitoring period #1, the facility shall receive no more than 1,000 tons per day of construction and demolition debris;
• For 90 days following the completion of monitoring period #2, the facility shall receive no more than 1,250 tons per day of construction and demolition debris;
• After the completion of monitoring period #3, the facility shall receive no more than 1,500 tons per day of construction and demolition debris.
• The facility shall grind no more than 150 tons per day of wood at any time.

 
Under a joint agreement between DEM and EPA, an air monitoring station is to be installed downwind of the TLA Pond View facility that will test for particulate matter, hydrogen sulfide and black carbon on a continuous basis. Additionally, the DEM has been working with the city of East Providence and local residents to find a location for the monitoring equipment to be installed, but has not yet been able to locate a suitable site.

The DEM will continue to monitor and inspect the Pond View recycling facility to ensure that it remains compliant with its rules and regulations. The facility has consistently been in compliance with DEM requirements during the past five years, as indicated by inspection reports. From January 2006 through December 2010, DEM conducted 62 unannounced compliance inspections at the Pond View facility and found no violations.

In a statement, the DEM says it believes that facilities need to be sited in a way that is compliant with local zoning ordinances before the facilities apply for a license from DEM. DEM believes that more formal dialogue on siting of facilities is needed, similar to the process followed for siting of landfills.

According to Coit, "This license decision raises bigger issues about the siting of waste management facilities near residential communities. Right now, DEM's decisions are based on current laws, and many aspects of the siting and management of TLA Pond View are in the city of East Providence's jurisdiction. I believe that existing state laws should be amended to impose state-level siting review of construction and demolition debris recycling facilities, and to require buffers and safeguards to ensure that the quality of life issues raised by the community are considered up front. I applaud the leadership shown by Senator DaPonte and Representative Melo, who are working on legislation to strengthen state laws governing waste management facilities such as Pond View."

The license further requires Pond View to maintain an $800,000 closure bond to satisfy financial assurance requirements.

The facility may not make any modifications to its operation or add new equipment to its facility, without first obtaining approval from DEM.