RIDEM orders Material Sand to address ‘unpermitted discharges’ from quarry by Superfund property

18
2047

NORTH SMITHFIELD – A gravel extraction business must implement a plan to address discharges from their Douglas Pike property onto neighboring lots – including a nearby Superfund site – by constructing a series of culverts to divert the water, or face potential liability.

A letter sent to Material Sand & Stone Corporation President Robert Pezza from the Rhode Island Department of Environmental Management on Thursday, Dec. 26 notes that the business must follow all state and federal requirements for operation in proximity of a hazardous waste site. Material Sand operates a quarry on a property just 75 feet from the Western Sand & Gravel Superfund site, a 25 acre lot used for disposal of hazardous waste in the late 1970s that contaminated area groundwater.

The EPA took note of evidence of discharge from Material Sand’s operations during a five year review report for the neighboring Superfund site completed in 2023, pointing to concerns with the business’s eight manmade ponds and the potential to disrupt groundwater dynamics. The settling ponds are used to collect groundwater that has washed over the sand and gravel, with materials later sold for cement manufacturing. The federal agency noted that the quarry had expanded significantly since their last review five years earlier.

Remedial Project Manager Joe Cunningham visited the contaminated property following a complaint from a resident later that same year, witnessing “extensive flooding,” and evidence that water was being discharged from a basin at the quarry onto a buffer property, according to an EPA memorandum.

Resident Jason Richer had filed similar complaints – including photo and video evidence – regarding discharge from the property to RIDEM in the past. When he asked the state agency about the company’s stormwater permit in July of 2023, he was directed to Pezza’s No Discharge Certification – a self-certified document signed by Pezza stating that the industrial work had no potential for water discharge. Ongoing blasting and gravel extraction operations were not subject to RIDEM’s usual stormwater permitting process in light of the certificate.

Richer persisted, providing further evidence of water from the quarry pooling and flooding onto neighboring sites, leading RIDEM to inspect the property and state there was no evidence of discharge.

Cunningham, however, found remnants of a stream on the neighboring site, a significant amount of silt material and floodwater that encroached beyond the perimeter of the fence surrounding the landfill.

“A clear flowpath north of the site was able to be traced, which originated from the quarry, entered the buffer property, flowed along the roadway in the northern portion of the site, and entered Tarkiln Brook,” Cunningham notes.

At one point, the EPA official observes water being pumped off of a neighboring buffer property via an intake pipe, which he notes was likely placed there by trespassing after MSSC was informed RIDEM would be coming for an inspection. Aerial photos also taken with Richer’s drone, Cunningham notes, suggested “a concerted effort was being made to reduce the amount of floodwater present in this land parcel.”

Cunningham noted that in January he received a call from RIDEM saying they would inspect the quarry to see if the No Discharge Permit was valid. He notes that the EPA has no access to Material Sand’s privately owned land – and RIDEM refused his offer to collaborate on their inspection.

“This is notable as RIDEM also refused EPS-SEMD’s request to participate in the previous RIPDES inspection performed in December 2022,” he notes.

It seems that finally, RIDEM and the business took action to remediate the issue with development of the Pine Hill Quarry Pond Improvement Plan – a project designed by Northwest Water Solutions that will see concrete culverts built around and between the pools to divert overflow back to the quarry.

“Be aware that direct or indirect impacts to the landfill, surface water or groundwater may result in the issuance of a CERCLA Special Notice Letter potentially assigning MSSC liability under CERCLA,” RIDEM notes.

CERCLA – or the Comprehensive Environmental Response, Compensation, and Liability Act – is a federal law that gives the EPA the authority to clean up hazardous waste sites, spills, and accidents.

Richer believes the discharge could have caused further contamination of groundwater in the area. He notes the issue is just one of several with the business that have led to litigation and ongoing enforcement issues with the town over the years.

RIDEM states that MSSC must complete construction on the concrete culverts by July 1 of this year.

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18 COMMENTS

  1. The owner who on record since this Sandy & Gravel company have been on the No Smithfield board have gotten away with many laws & suits & town has done nothing but ignored thousands of pages of proof that they have done whatever they wanted for their profit. It’s what they say hard to fight city hall & company’s like Holliston with deep pockets. Totally Corruption!

    • Material & Holliston are separate businesses. The owner & president of Holliston Sand is Paul Baillargeon, former town solicitor. They also own the Slatersville reservoirs and often attempt to block access to public lands – roads like Old Oxford and Old Forge which each have hundreds, possibly thousands, of years of use by the public, all so they can claim them under adverse possession or petition the town to abandon them like they did with Tifft road.

    • Then you need to address it further with DOT, SHP, DMV, and Washington. This co will not stop nor do they care. The town can do something. What about seeking a temp injunction by the town against the business until they clean up their act…..goodness what are they waiting for…..
      You have been trying by lawful means, turn up the heat further. Start hammering the lazy leaders…show collusion. Investigative reporters might help.
      What about suing town and state for lack of enforcement, shows discriminatory behavior. Talk to ACLU about selective enforcement.
      Seems like the Police Chief says one thing, does another. Photo ops. RI infamous for photo ops. Make you believe they care, but don’t. You all have rights to live in a safe environment, with laws enforced equally across the board.

      • I’ve done all that. I’ve done it all, contacted everyone and tried to get help anywhere and everywhere. ACLU that used to be helpful is only interested in protecting trans people and illegal immigrants.

        The only thing I have not done is to hire an attorney. I’m disabled and have been since 2002. Unless someone wants to pay for it, it isn’t an option. The Fed, the State, the Town with all its resources, all refuse to do anything. None of the TV stations are interested…

        OSHA, MSHA, EPA, RI DOH, DEM, Fire Marshal’s office, the list is too long…. All dead ends. The only thing that will change things here is the public standing up and being heard and I’m not so sure enough people have the gumption to follow through. It is why, after almost 3 years, only the same voices have addressed this. Quite sad actually.

      • The town HAD an injunction, it was overturned. This has been the story with the town and these sand & gravel operations for past 65 years. We need a new tact.

        • I understand and empathize. RI is a corrupt state, big business pays. And it had been obvious here. Too bad the town has no backbone. They will end up being responsible for all the further groundwater damage being done. Heck 7 ppl in a 1/4 mile zone all died from cancer near my late parent, but falls on deaf ears too. That is not common. Too bad investigative does nothing. But big business scares them off too it seems. And they know corruption rules.
          Please don’t let this wear you down where your health and mind suffer. Being a martyr for your town while honorable, peels away at you. THAT won’t help in the long run and the business will still continue. You love your home, you are a fighter, but is it really worth it? This is why I advise ppl when nothing works, think of number 1, and find a way to sell and move away. It is refreshing. Less nonsense, less expense. Remember, RI taxes SS too. Other states do not.
          It’s a sellers market right now….might want to talk to a realtor like I recently had out of Warwick, and very low percentage fee. Pocket listing. Think about it please.

          • And to add, out of the 7 cancer losses, 5 ppl lived in a straight row of 5 houses! 2 in one house. But the town does not care about the groundwater apparently. All the homes have wells. Like Jason says, it needs immediate attention town-wide as to possible further spread of contaminants.

            • Forgot, another person I know, that has been treated for cancer, in that row of 5 houses, is still living there…..with reg health screening.
              To say there is no issue, as to common denominator being well groundwater, is to ignore reality. Way too coincidental.
              Jason has a cause, a VERY valid cause for concern to deter additional harm. More widespread than the town or state perhaps knows of. And no one is listening….

          • I’m disabled and my wife is just 6 years from retirement at 65. Can’t convince her to do it at 62. I plan on leaving for a more southern climate when she retires. I cannot move twice in that short at time period. Just the thought of moving the woodworking machines out is overwhelming. Some weigh in excess of half a ton.

            I’m stuck here until she retires unfortunately…. Late 2030! Ugh!

  2. Great Job Jason Richer, your efforts finally get noticed. This is just a start for MSSC problems, get ready. Everyone that reads this NRI article and believes what’s going on with the problems from this Company in NS , please Thank Jason on this page for his outstanding work to protect this Town that we all Love. TY ,, Scott Walling

  3. Just goes to show how lazy the enforcement action is in RI, how they ignore the average concerned citizen who notes the ordinances and laws not followed. He persisted. And for good reason. Now hopefully they get fined for deliberate intent to deceive. And the harm to the environment. Kudos to Mr Richer for his persistence.

    Now…..why aren’t the NS police not enforcing the truck laws? That’s the next question. They want a new police station with a gym, but the heck with the citizens who ask for the quarry trucks to be cited for how they drive, times they are active, how big and sloppy the loads are, etc.
    These are valid safety/ordinance concerns as to why enforcement has not been done.

    • And I meant to add the State Police and DOT to monitor those trucks as to load size, covers, condition, and overall driving and cutting in on the roadways. Too much laziness by RI agencies involved to serve, protect and enforce the laws.
      Why is it not being done? Obvious answer…..big business.

  4. MSSC business stinks! The trucks clogging up Route 7 all times of the day, violating numerous DOT requirements on local highways with overloaded equipment, the pollution from the illegal part of the quarry that entered onto on the neighboring property without Zoning Approvals about a decade ago and just the nature of the business as a whole; earth extraction by whatever means necessary. The site will forever be a black spot on the town, it will NEVER be restored to anything useable once it either is shut down or shuts down and persist on as a piece of scortched earth for perpetuity. Why do we need this? Thank you Mr. Richer…for making No. Smithfield great again, we appreciate your efforts for the environmental justice.

    • How do you know these trucks are over loaded? Do you have built in scales in your eyes? I haul out of that quarry on a regular basis and if the truck is over loaded they do not let you leave till the load is REDUCED! As far as loads NOT being covered that’s BULL! If the load is not covered I DO NOT get my weight slip until it is! So maybe you should rethink your argument about those things. As far as Route 7 that is a State road and these trucks pay a HEFTY ROAD USE tax to use them so……..GET OVER IT!

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