Conservation Law Foundation Files Notice of Intent to Sue Owners of Rhode Island’s Central Landfill for Violations of the Clean Air Act

CONTACT:

Karen Wood, CLF (617) 350-1722, (978) 857-5389
Tricia K. Jedele, CLF, (401) 351-1102, ext. 2011

PROVIDENCE, RI  July 19, 2013 – Conservation Law Foundation (CLF) today notified the owners and operators of the Central Landfill in Johnston, Rhode Island – Broadrock Gas Services, LLC, Rhode Island LFG Genco, LLC, and Rhode Island Resource Recovery Corp. – that it intends to file a citizens suit for violations of the Clean Air Act at the facility. The notice of intent to sue letter states that the facility owners and operators have violated emission standards under federal law by failing to collect landfill gas adequately and by venting raw, untreated landfill gas directly to the atmosphere.

“Venting raw, untreated landfill gas directly to the air, is most definitely a violation of the laws that apply to landfill gas system operators at landfills,” said Tricia K. Jedele, Vice President and Director of Conservation Law Foundation in Rhode Island. “These owners and operators have gotten away with polluting Rhode Island’s air and endangering our communities for far too long. The time has come to hold them accountable.”

In the 60-day notice letter, filed June 18, CLF cites emissions of harmful gases from the landfill, including methane, volatile organic compounds (VOCs), and hydrogen sulfide, in excess of the amounts s allowed by law, as hazards to public health and safety and the environment. CLF’s lawsuit will seek to hold the landfill’s owners and operators accountable for controlling regulated pollutants from the landfill in compliance with the Clean Air Act. The notice letter also states that the facility owners and operators are running the landfill and the gas collection and treatment system without a permit required by the Clean Air Act.

Ms. Jedele continued, “The landfill has been operating illegally for 16 years, which is inexcusable and irresponsible. The entire purpose of having an operating permit is to protect public health and safety. This facility, which includes the landfill and the gas-to-energy plant, needs to be able to give the public a sense of certainty about whether it is meeting the standards it is supposed to be meeting. Clearly, it is not.”

CLF can file its lawsuit any time after the 60-day notice period.

The landfill has been in the news most recently for an explosion that started a brush fire near Shun Pike in Johnston on Monday night. No one was hurt. On July 8, 2013, the town of Johnston police ordered the gas-to-energy power plant owned and operated by Broadrock Gas Services, LLC to shut down in the wake of discoveries that through a series of makeshift repairs the power plant was venting raw landfill gas untreated to the air.

Background

Rhode Island’s Central Landfill is the state’s only landfill, occupying approximately 1,200 acres within the town of Johnston. The landfill has long been a source of concern for Johnston and neighboring communities, including Cranston, North Providence, and occasionally towns in Massachusetts, all of which suffer the disproportionate burden of noxious odors from fugitive landfill gas and threats to their health and safety.

A complex web of ownership that has fragmented and changed hands multiple times over the years has raised questions about responsibility for the gas collection system and its maintenance. “The complex and confused relationship between the owners and operators of the landfill have led to a complete lack of accountability for the control of harmful gas coming from the landfill,” said Ms. Jedele. “The Clean Air Act is designed to prevent this kind of confusion and to create transparency so that the public knows whether this facility is complying with the law and who is responsible for failures.”

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Rhode Island, Maine, Massachusetts, New Hampshire, and Vermont.