Is Conley defending an epic environmental catastrophe


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Everybody seems to be wondering what has Historian Laureate Patrick Conley’s knickers in a twist over R.I. Department of Environmental Management’s regulatory structures, so I offer a bit of perspective on his beef with DEM. As Bob Plain pointed out in this excellent post, Conley is currently subject to at least two corrective actions by our state’s environmental watchdog. One of those actions stems from quite arguably the greatest environmental disaster to ever hit Rhode Island.

This aerial view of Pascoag shows the MTBE impacted area. The pink dot in the upper right is the villages wellhead. The pink square at the bottom left is the site of the leaking tanks - a property that Conley now owns. (Image courtesy RIDEM)
This aerial view of Pascoag shows the MTBE impacted area. The pink dot in the upper right is the villages wellhead. The pink square at the bottom left is the site of the leaking tanks – a property that Conley now owns. (Image courtesy RIDEM)

Back in September of 2001, just days prior to the World Trade Center attacks of 9/11, the village of Pascoag, in the Town of Burrillville, was made victim of a massive toxic event that continues to be felt by the residents of the sleepy hamlet. News of this disaster was drowned out in the media by the events of 9/11, but the effects on the health and safety of the people of Burrillville are equally as terrifying. I am writing, of course, of the contamination of Pascoag’s only public water supply by the failure of underground gasoline storage tanks located at 24 North Main St.

As of November of 2013, the property is owned by one  20 Fairmont St., LLC, which happens to share an East Providence address with Conley’s development company. An address to which the latest round of RIDEM NIE’s , or Notice of Intent to Enforce, have been sent, addressed to one Colleen Conley c/o Dr. Patrick Conley. The owner of the property is responsible for enacting soil and water monitoring and management plan with the RIDEM, also known as a Corrective Action Plan.

The failure of these tanks, according to DEM, released a significant, undetermined quantity of gasoline and the now-banned additive methyl tertiary butyl ether, or MTBE, into the aquifer under the village. The spill was so profuse that some testing wells were found to have standing gasoline in them months after the spill had been discovered. MTBE has been fully or partially banned in many states in the U.S., and for good reason; it has has proven to be a potent carcinogen.

In 2011, as a reporter for ecoRI News, I decided to look back on the spill and how it affected the lives of people in Pascoag. I spoke to many members of the community, the Pascoag Utility District (PUD), RIDEM, and sources at the EPA. Unfortunately, the then owner of the property was – and continues to be – “in the wind,” to use law enforcement parlance.

This small community has been ravaged by the lingering effects of the spill.

Many in the community have developed, as one town resident called, “oddball” cancers. Others believe that exposure to the chemical caused a spate of Multiple Sclerosis diagnoses in the town. In the weeks preceding the discovery of the spill, residents complained of afflictions from recurring ear infections, to massive chemical burns. The financial cost to the townspeople has been steep, as well. After the spill, the PUD was forced to tie into the wells of the Harrisville Fire District, and wound up paying double what most Rhode Islanders pay for public water for ten years.

By the time that the spill had reached its maximum impact to the aquifer, MTBE levels had risen to 42 times the EPA’s maximum exposure limit. Due to the fact that the owner of the property had skipped town, DEM was saddled with 100 percent of the cleanup costs which, without help from the EPA, would have bankrupted the state’s Leaking Underground Storage Tank program.

Since then, Exxon/Mobil has settled a class action suit with the people of Pascoag for a mere $7 million – which translates to about $800 for each claimant – and the town has just finished drilling a new well, far away from the contaminated site.

Conley and his associates have been repeatedly warned by RIDEM about non-compliance, and yet, still they seem shocked by the agency’s actions. In his op-ed in the ProJo, Conley writes:

Providence was home to the world’s largest tool factory (Brown and Sharpe), file company (Nicholson File), engine factory (Corliss Steam Engine Company), screw factory (American Screw Company), and silverware manufacturer (Gorham). These firms were exuberantly proclaimed as Providence’s “Five Industrial Wonders of the World.”

What he fails to mention is that the sites of all five of these former “powerhouses” are now horribly contaminated with everything from heavy metals, to petroleum by-products, to industrial process waste. He then writes:

If that zero-growth bureaucracy (DEM) existed in the 19th century, it would be a wonder if our five industrial wonders could have acquired permits to operate.

The answer to that question, Mr. Conley, is a resounding, “No!”

See, that’s the thing about the unending march of science, you tend to learn things in 150 years that cast a pallor over the “successes” of these former industrial giants. Namely, their horrible legacy of detrimental environmental and human health impacts.

The RIDEM has spent millions remediating this spill.  All they are asking from Mr. Conley and his associates is that they maintain a commitment to cleanup the site of the former gas station. The contamination was known when Conley bought the parcel, and thus he should have known about the need for a RIDEM-approved action plan for the site. Maybe Conley could do us all a couple of favors and a) STFU about the “regulatory burdens of DEM,” and b) stop being crybabies and CLEAN UP THE MESS THAT YOU KNOWINGLY PURCHASED!

Why is the Historian Laureate mad at DEM?


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conleyLocal developer and state Historian Laureate Patrick Conley penned an op/ed in the Providence Journal that caused quite a stir among progressives and environmentalists.

The first half of the post was an articulate account of Rhode Island’s industrial heyday, such as it were. The second half is a baseless screed against government regulation in general and the Department of Environmental Management in particular. It’s the second half that rubbed people the wrong way.

John McDaid quickly asked the Secretary of State to remove him from the honorary position calling it a “vicious attack … including unsubstantiated charges and slurs on the character and professionalism of the members of this state agency.” Steve Ahlquist suggested Conley be replaced with labor historian Scott Molloy. Conley himself even weighed in on the matter. And Save The Bay Baykeeper Tom Kutcher told me, “All around the office, everyone was offended by that article.”

Kutcher said data suggests Conley’s concerns are not even widely-held by small business owners in Rhode Island. The Baykeeper wrote a blog post in December 2013 calling attention to an EDC survey of local business owners that found none took issue with state environmental regulations. He wrote:

The report detailed the results of a survey in which 709 small business leaders were asked to rank the importance of a list of “challenges” facing their businesses. The list included health insurance costs, federal regulations, state regulations, and other potential expenses or impediments. State regulations were identified second to health insurance costs, and respondents were asked to identify the regulations that were most burdensome. The report listed all State regulations that were identified by more than one respondent, and not a single environmental regulation was among them.

If business owners aren’t bugged by DEM regulations, this begs the question: why is state environmental agency in the Historian Laureate’s cross hairs?

It turns out that Conley’s no stranger to running afoul of state pollution laws. Currently he and DEM are in court over two separate issues, said Gail Mastrati, spokeswoman for DEM. Both involve properties Conley owned that leeched toxins onto abutting properties, according to DEM documents.

One, which DEM has been investigating since 2001, involves an old gas station on North Main Street in Burrillville with six underground tanks that DEM believes leeched gasoline and other pollutants onto neighboring properties, according to DEM documents.  The other case, which DEM has been involved with since 2004, concerns a former jewelry finding company in North Providence that leached “chlorinated volatile organic compounds” into the groundwater on abutting properties, according to DEM documents.

Conley even seems to tacitly address these alleged violations in his ProJo piece: “Ironically, the success and the pervasiveness of our bygone industrial endeavors have created the allegedly contaminated conditions throughout Rhode Island that allow DEM to thrive. That arbitrary agency has mandated that we return a site to its pristine, pre-colonial condition before development can occur upon it.”

There can be little doubt that when he writes about “allegedly contaminated conditions” he is doing so as a litigant, not a historian. But the average reader of the paper of record’s op/ed page would have no way of knowing this beyond this disclaimer at the end of his piece: “Patrick T. Conley is a historian and a developer. In the latter capacity he has clashed at times with state environmental officials.”

Either way, historians shouldn’t offer their expertise on issues in which they have a financial interest. Doing so, I think, shows a lack of respect for the role historians play in informing future generations about our culture. And that to my mind is conduct unbecoming of a honorary historian laureate.

It’s time for Historian Laureate Scott Molloy


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Historian Laureate Patrick T. Conley’s view of Rhode Island history is one where great men built greater factories and amassed the greatest of fortunes, as he gushingly describes in his op-ed in Saturday’s ProJo:

With the once-wealthy Southern states diminished economically by the destruction of slavery, the federal census of 1890 revealed that Rhode Island had ridden the crest of the Industrial Revolution to become the American state with the highest per capita wealth. Jobs were so plentiful (despite low pay and long hours) that immigrants flocked to Rhode Island from Canada and nearly every European nation.

Scott MolloyURI labor historian Scott Molloy, on the other hand, sees history as the struggle of labor against low pay and long hours, what Conley might note as one of the “myriad causes of Rhode Island’s decline over the last century an a quarter.”

The choices we make, whether as individuals or as a collective, define us. When the General Assembly invented the unpaid ceremonial position of “historian laureate” and Secretary of State Mollis formed a search committee to find the person to fill this post, Patrick Conley “was the committee’s unanimous recommendation.” In reality, the position was most likely created with Conley in mind, and the other two nominees, Roberta Mudge Humble and John G. Shaw III, were probably never given serious consideration.

In choosing Conley, who briefly served as Buddy Cianci’s chief of staff, we have defined Rhode Island as beholden to inside politics. In choosing Conley, who constantly advocates for less environmental oversight on the property he wishes to develop, we have defined Rhode Island as unconcerned with environmental issues. In choosing Conley, who dismisses one of the key concepts upon which Rhode Island was founded, the separation of church and state, we have defined Rhode Island as ignorant of its own history.

Imagine now, had Rhode Island chosen URI’s 2004 Professor of the Year, Scott Molloy, as Historian Laureate. Had we chosen Molloy, who has been a teacher at URI for nearly 30 years, we would have defined Rhode Island as committed to publicly funded education. Had we chosen Molloy, who is an expert in Rhode Island labor history and who understands the importance of unions in protecting workers rights and creating the middle class, we would have defined Rhode Island as valuing the well being of the 99% over the enrichment of special interest millionaires. Had we chosen Molloy, we would have defined Rhode Island as a place where dedication to study and craft counted for more than currying special favors via insider politics.

Finally, had we chosen Molloy, we would not now be suffering the embarrassment of Rhode Island’s first Historian Laureate abusing his position and writing a self-interested screed in favor of dismantling regulations that limit his ability to make a buck.

If, as John McDaid suggests, it’s time to terminate Patrick Conley from his honorary post, might it be time to find a new Historian Laureate? I’ve got a nominee in mind.

Polluting Waterfront Limits Future Knowledge District Expansion

By now many will have noticed the growing pile of scrap metal (and who knows what else) in the hospital adjacent waterfront on Allens Avenue. The sale of Promet to the burgeoning junkyard leaves the city and the city’s taxpayers with even fewer options for development.“I think the energy [for rezoning] has left the room – people are much more concerned about what may or not happen” with land freed up by the rerouting of Interstate 195 through the city, said Providence City Councilor Luis Aponte, who represents Ward 10 and has supported waterfront rezoning. “I still think it should be part of the plan, although I don’t know how attractive it will be with scrap there.”And the potential for growth is there. Excitement over the land freed by the relocation of 195 is growing, but the available space is limited.That environment attracted Anne De Groot and her medical-research company, EpiVax, to the neighborhood eight years ago. Now with a growing company, EpiVax needs more space.

“I’m all totally about being in the Jewelry District,” De Groot said. “Somebody build me a building, I’ll move in.”

Economic-development officials want more of her kind.

When was the last time you heard that from a Rhode Island business owner? But EDC director Stokes notes that when that space is gone, Providence is out of the picture, saying “the state will encourage businesses to set up in nearby places such as Pawtucket.” Lovely.

With Mayor Taveras claiming the need for cuts to workers’ pensions to deal with the city’s “category 5” fiscal crisis, one has to wonder why these industrial concerns should be allowed to continue to limit higher density uses and their potential for much needed property tax revenue. Let’s not forget the spurned proposal for a  $400 million dollar investment in the city and the 2,000 desperately needed, permanent jobs that development promised. The proposal included plans for a hotel “[serving] families of patients at the 250-bed acute-care facility as well as passengers preparing to board cruise ships” at a new terminal, along with“a small amount of retail, a floating restaurant and public walkways.”

Just this week, PBN noted the “near-record numbers” for the cruise ship industry in Southern New England, a development seized on by other cities in the region and still a possibility for the deepwater slips on Allens (something New Bedford lacks).

In New Bedford, which has been trying to add the cruise industry to its traditional maritime portfolio of seafood and freight, the number of cruise visits jumped from 17 last year to 27 this year, said Kristin Decas, executive director of the New Bedford Harbor Development Commission.

“We had a stellar year,” said Decas, who attributed some of the new popularity of the port to the Whaling City Expeditions harbor tours many cruise visitors enjoy. “They jump on our small excursion vessel and do a harbor tour. We entertain them with a narrative of the fishing industry and how it is No. 1 in the country in terms of value of catch”…
In the last two years, American Cruise Lines has used Providence Piers on Allens Avenue as either a starting or ending point for 26 of its New England cruises.

The line has a deal with Providence Piers running through 2017 that pier owner Patrick Conley said this year was evidence that Providence, with its deep water and cultural attractions, could attract thousands more cruise-ship visitors each year if it were positioned right.

“To use an inappropriate metaphor, this cruise line could be just the tip of the iceberg for the Port of Providence as a tourist destination,” Conley said.

Instead we get the glistening “Mt. Taveras” (pictured) as our welcoming waterfront gateway to the Capital City.