Judge says R.I. Recycled Metals can reopen after installing heat detection cameras

An embattled south Providence scrapyard may be able to reopen by the end of the week, pending proof that it has installed infrared cameras to help with early detection of fires, Rhode Island Associate Justice Brian Stern ordered on Wednesday.

The bench ruling comes a month after Stern forced Rhode Island Recycled Metals to temporarily shutter in the wake of a scrapyard fire that choked the sky with flames and snarled traffic for hours. The July 10 blaze was the second at the plant this year; there was also a fire in April which the company has blamed on arson, though results of a Providence Fire Department investigation classify the cause as undetermined.

The July 10 fire also remains under investigation as of Wednesday, Lindsay Lague, a spokesperson for the Providence Department of Public Safety, confirmed in an email.

Community meeting on Providence scrapyard cleanup plans devolves into screaming, insults

Since the temporary closure last month, the metal recycling company has hired a fire prevention and safety expert to ramp up its safety protocols. Matthew Leonard, who owns Rhode Island Safety Solutions, was hired “prior to or simultaneous with” the July 12 court hearing to help the company beef up its fire prevention and safety plan, Richard Land, the court-appointed special master, told Stern on Wednesday.

Much of the 41-page plan submitted to the court Tuesday features recommendations by Leonard, including trainings for employees on hazardous materials, workplace safety and fire suppression; more stringent oversight of the scrap metal entering the property to look for highly flammable materials like lithium ion batteries; and separating what has been a singular, towering scrap pile into two smaller heaps to minimize severity of any potential fire. 

Leonard also recommended thermal cameras, coupled with a phone chain, to alert employees to heat spots identified by the cameras.

“This is not just a fire safety plan, this is an overall safety plan for the site, including the employees,” Land said. 

He said the plan would be updated based on regular reviews by Leonard or another industry expert, as well as himself. Land has served as the court-appointed supervisor for the company for nearly a decade. Originally, he was tasked with helping bring Rhode Island Recycled Metals into compliance with state and federal environmental regulations, including remediation of potentially toxic chemicals on the site and missing stormwater management permits.

But the environmental troubles persist. The Rhode Island Department of Environmental Management (DEM) began cracking down, issuing a violation notice and $20,000 fine in December to force the scrapyard to follow procedures for required permits and environmental remediation. The company has begun the permitting and cleanup procedure, holding a required public meeting on Tuesday, but has appealed the fine.

The pair of fires fueled existing outrage, with critics, including the attorney general’s office, calling for more stringent punishment.

“Rhode Island Recycled Metals, frankly, is a bad actor,” Alison Carney, assistant attorney general, said at the hearing on Wednesday. “It does not follow regulations. It does not follow the agreed-upon plan and settlements. It appears to have disdain for the regulatory authority of DEM, and frankly, the state generally.”

Carney urged Stern to not let the scrapyard reopen without being put under control of a court-appointed receiver who would have complete power over company operations and employees. The Rhode Island Office of the Attorney General and DEM filed a petition for receivership in court the day of the July 10 fire; Stern has yet to address its petition, with plans to consider the proposal in future, evidentiary hearings.

‘Sound and fury’

The attorney general and DEM in its latest objection filed with the court Wednesday maintained that receivership was the best option, but at the very least, insisted that the operation remain shuttered until the infrared cameras were installed.

“Without the infrared cameras, there is no protection or monitoring except during operational hours,” Carney said, pointing out that the April fire occurred overnight, when no one was working. “It’s the only consistent safeguard against human errors.”

Gerard DeCelles, an attorney for Rhode Island Recycled Metals, dismissed Carney’s argument as “sound and fury signifying nothing.”

Stern acknowledged the multitude of problems in play, but kept his decision to the requirements outlined in his July 12 order for a fire safety plan.

The scrapyard can reopen once it submits documentation to the court proving the thermal cameras are installed and operational. The cameras are expected to be delivered Friday, and will take one day to install, Leonard said after the hearing.

The company hopes to reopen Friday or Monday, Patrick Sweeney, a company spokesman, said in an email.

Sweeney said in an interview Tuesday that the company’s employees had suffered due to uncertainty during the monthlong shutdown, as well as clients who were not able to bring their scrap to the facility. While Sweeney said employees on payroll were still being paid during the shutdown, he could not immediately provide information on any layoffs or the number of employees.

Neronha is ‘not holding his breath’

Attorney General Peter Neronha expressed disappointment at the decision in a statement following the hearing.

“With the utmost respect for Judge Stern, I am disappointed that RIRM will reopen soon for the time being, over this Office’s objection, and I’m not holding my breath for this business to suddenly change course and behave responsibly,” Neronha said. “Yet, the South Providence community has been holding its breath for years, figuratively and perhaps literally at some points, as RIRM subjects them to significant health risks, pollutants, and the very tangible threat of dangerous fires.”

Neronha pledged to continue to push for receivership and keep up pressure for environmental cleanup.

Separately, the city of Providence sued the company in April, days before the fire, arguing it has been illegally operating without a license since 2014, according to the complaint filed in Providence County Superior Court. A status conference is scheduled for Aug. 9.

The city has also battled with the company for not paying taxes; in March, it owed nearly $160,000, WPRI-12 reported. The company paid off the back taxes on July 1, Josh Estrella, a city spokesman, said in an email on Wednesday. Its first-quarter tax bill of $941 is due Aug. 16.

Evan LaCross, a spokesperson for DEM, said the agency thinks the scrapyard should remain closed until it has all required state and city permits.

“DEM will continue working with the Attorney General’s Office to hold RI Recycled Metals accountable until they are compliant with all environmental laws and regulations,” Terry Gray, DEM director, said in a statement. 

He then referenced Tuesday’s public meeting at the Knight Memorial Library, which featured heated exchanges between the company attorney and local residents and advocates.

“We heard the community’s frustration at last night’s workshop and understand that the people who live and work in the area are still suffering from the environmental impacts of this operation,” Gray said. “DEM remains committed to enforcing environmental laws and regulations to protect the public’s health and the environment.”