The following letter came to me from DES via Tabatha Anderson. Therefore, you might refer to it as gossip but please know that neither she nor I have altered the content so you can come to your own conclusion about the transparency on this issue. – Lil
CERTIFIED MAIL #7002 3150 0004 7244 4380
RETURN RECEIPT REQUESTED
February 4, 2015
Joseph Ruggiero, Owner Letter of Deficiency
Ruggiero Processing Facility LLC WMD 15-004
P.O. Box 434
Saxtons River, VT 05154
Dear Mr. Ruggiero,
On February 22, 2012, the New Hampshire Department of Environmental Services, Waste Management Division (“DES”) granted Standard Permit #DES-SW-SP-12-001 to Ruggiero Processing Facility LLC (“Ruggiero”) for a collection, storage and transfer facility in Walpole, New Hampshire.
The permit Terms and Conditions specified that “The permittee shall file a ‘Notice of Intent to Operate’ pursuant to Env-Sw 1105.02, and receive written confirmation of receipt from the Department prior to beginning operation” (item 9) and that “prior to obtaining authorization to operate this facility the permittee shall comply with the financial assurance requirements for closure identified in Env-Sw 1403” (item 14).
Because Ruggiero did not file a Notice of Intent to Operate or comply with financial assurance requirements prior to operating as specified under Terms and Conditions (items 9 and 14) of the permit, DES had not been made aware the facility was, in fact, operating until DES staff visited the facility on August 28, 2014. The results of the subsequent inspection to determine Ruggiero’s compliance with other requirements under RSA 149-M and NH Administrative Rules Env-Sw 100 et seq. (Solid Waste Rules) are attached.
Despite having initiated operations a number of months prior, Ruggiero had not received approval to operate the facility, or any phase or portion thereof because Ruggiero had not filed a “Notice of Intent to Operate” with DES or assured financial responsibility for facility closure prior to commencing operation of the facility.
- RSA 149-M and Env-Sw 1105.01(a)(2) require the permittee of facilities with a standard permit to assure financial responsibility for facility closure prior to commencing operation.
- RSA 149-M and Env-Sw 1105.01(a) (5) require the permittee of a solid waste facility to file a “Notice of Intent to Operate” with the department and receive approval prior to commencing operation of a facility, or any phase or portion thereof.
In addition, the inspection revealed five violations pertaining to Signs and Postings, and requirements for recordkeeping and reporting.
- Env-Sw 1105.05(a) and (b) require the facility entrance sign to include: facility name and hours, permittee name and number, waste types accepted and the unlawful dumping statement.
- Env-Sw 1105.05(c) requires that there be a copy of the Operating Plan and the Closure Plan on site.
- Env-Sw 1105.05(d) requires the posting of the permit’s cover page.
- Env-Sw 1105.05(e) requires the posting of operator certificates.
- Env-Sw 1105.07(b) requires the submittal of an annual facility report by March 31 for operations during the previous year.
- Env-Sw 1105.06(a) requires the permittee to maintain records on the quantity, type, source and destination of all wastes accepted, with out-of-state waste listed separately.
On October 16, 2014 DES received a submittal that included a Notice of Intent to Operate, a Letter of Credit, and a Standby Trust Agreement from Ruggiero. After an additional submittal, which included a revised Standby Trust Agreement, DES approved the Notice of Intent to Operate on December 10, 2014. DES’s Notice of Intent to Operate constitutes approval for Ruggiero to commence operation of the facility and corrects violations 1 and 2 listed above.
DES requests that Ruggiero address violations 4 – 8 by March 6, 2015. If compliance is not achieved within this period, DES may take further action against including issuing an order requiring that the deficiencies be corrected and/or referring the matter to the New Hampshire Department of Justice for injunctive relief. DES personnel may re-inspect your facility at a later date to determine whether the facility has come into, and is maintaining, full compliance with the applicable rules. DES reserves the right to pursue monetary penalties for the deficiencies noted in this letter as well as any deficiencies noted in subsequent inspections of your facility.
If you believe that DES has cited these violations in error, or have questions regarding this matter, please contact Sharon Yergeau, Solid Waste Compliance Assurance Supervisor, at NHDES, P.O. Box 95, Concord, NH 03302.
The Solid Waste Rules are available from the DES Public Information Center ((603) 271-2975) or at http://des.nh.gov/organization/commissioner/legal/rules/index.htm.
Michael E. Guilfoy, Administrator, Solid Waste Management Bureau
cc: DES Legal Unit
ec: Melanie Doiron, Inspector, Solid Waste Compliance Assurance Section