CRMC Votes For South Kingstown Sea Wall


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In a 9-0 vote, with one abstention the Coastal Resource Management Council in reconsidering the application of the Town of South Kingstown voted to approve the construction of a 202 ft sheet pile wall armament as a measure of protection for the sole access road into the seaside community of Matunuck.

Executive Director, Grover Fugate presented a four-prong approach for dealing with the critical erosion issues in Matunuck and other Rhode Island Coastal areas. The first prong, of immediate concern dealt with the “imminent peril situation” in Matunuck, presented by Town Manager, Stephen Alfred as a public health and safety concern for residents should Matunuck Beach Road infrastructure fail.

Calling upon the full Council to take action in support of public safety, Fugate proffered his plan. “It is an attempt to try and deal with the problem that is immediately before us.” Implemented as a stop gap measure, the 202 ft. armament was designed to shore up the critical segment of road presently exposed by severe and sustained erosion.

In his memo, dated May 4, 2012 to the Council in anticipation of the vote, Fugate cautioned, “Even if the town were to agree on some of the alternatives suggested at the hearings and in the staff reports, there is an implementation lag of 18-36 months. The road is already in a compromised state and one good coastal storm could significantly damage it.”

Attorney William Landry, representing Kevin Finnegan, owner of the Ocean Mist, as well as Francis O’Brien who owns Tara’s Pub, just east of the Ocean Mist property pleaded with the council to consider additional measures. Suggesting soft measures and a united approach to resolving the Town’s issue, Landry acknowledged the existent conditions.

“There is a vulnerable area west of the Ocean Mist at which the most severe erosion is occurring. Frankly, it may well be occurring because of the location of the Ocean Mist and the swirling effect of the water collecting in that area. That’s the area 40 ft. maybe tops where everyone is saying, we’re getting real close to the road here.”

Donald J. Packer, attorney for residents and abutters spoke in support of the Town’s proposal and presented the Council with the additional support of the trustees responsible for the parcel of land directly adjacent to the sheet pile wall placement.  Addressing his colleague’s indication that the Town didn’t have the ability or own the land south of the proposed armament, seaward, assured the council that his clients were on board. “I think that we can maybe put on the table in dealing with the condemnation issue, [they] are prepared to work with the Town and what’s necessary with the town to do what they need to do.”

Packer’s clients have been in previous discussion with Finnegan regarding a possible purchase of the property adjacent to the Ocean Mist on the west.  “Apparently there is nothing on the table at this point other than the Town’s proposal. My clients at this point are concerned that the road will be lost and are asking that this be approved.”

Several environmental advocacy groups appeared to testify before the council with each voicing its concern regarding hardened structures and while acknowledging the need for immediate action in the case of Matunuck.

The special exception granted and application approved, the question of time still weighs heavy on the residents of Matunuck. The Town will need to move through the necessary stages of approval with the State Department of Transportation in advancing the project. Utility lines, approved for relocation will be moved to the northern side of Matunuck Beach Road prior to commencing construction.

The Town’s timeline, per Alfred is for construction to begin the first week in September. Hurricane season will be underway and the hope is to have the project complete before another major storm wages war with what remains of the beach and headlands adjacent to the road.

CRMC recommendations moving forward include a comprehensive Special Area Management Plan (SAMP) for Rhode Island’s shoreline, monitoring and enforcement in designated areas and a cooperative effort of all individuals concerned with ongoing protection and mitigation efforts for the State’s barrier beaches.

Imminent Peril Reconsideration for Matunuck Beach Road


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The Town of South Kingstown will once again appear before the Coastal Resources Management Council (CRMC) to plead its case in support of emergency construction of a 202 ft sheet pile wall/riprap armament structure along a crucial stretch of Matunuck Beach Road. The issue before the council: “imminent peril” for Matunuck residents should the road fail.

The original request filed in September 2011 was heard before the full council on April 10, 2012 and denied  as Town officials, residents and environmental concerns sought an alternative to construction.

The Town of South Kingstown whose responsibility for public health and welfare overshadows the issue of private property and shoreline protections, has expended approximately $45,000 in engineering expenses and clocked hundreds of man hours in its efforts to protect the road.

Primary concern for reconsideration is the critical state of a section of Matunuck Headlands shoreline wrought with years of sustained erosion from the waters of Block Island Sound to the south. The 202 ft. stretch of headlands directly abuts Matunuck Beach Road, the sole road and emergency services access to the homes and businesses to the east. The road infrastructure houses the community water line, also a public safety concern.

The hearing will take place in the South Kingstown High School auditorium at 6:00 pm tonight.

East Matunuck Goes Green, Beach Gets a Wind Turbine


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Among dark and cloudy skies, the East Matunuck State Beach pavillion construction project saw the rise of its newest addition Thursday, a 120 ft., 10-kilowatt wind turbine.

One of DEM’s renewable energy projects, the wind turbine, along with solar panels installed on the facility’s roof will generate 21,000 kilowatt hours of electricity per year, saving the state an estimated $5600 annually, per DEM estimates.

Daniel Valcourt, Project Manager for Pezzuco Construction, says the facility is on track for scheduled opening on May 12. “Workers are readying the facilities for weekend open as of May 12, prior to the official beach opening on Memorial Day.”

A Low Energy Electron Diffraction (LEED) project, the green $4 million revitalization effort, a complete reconstruction of the facility, is a major step in environmentally sound  construction, operation and management of DEM facilities. The East Matunuck Pavillion project will include a solar-heated water system and composting toilet system, reducing effluent waste product from the property by as much as 95%.

A move toward the future in harnessing clean energy resources, the facility sitting on the shore of East Matunuck State Beach, quiet now with the ebb and flow of the tide raises the bar for future projects to come.

Sustainability Expert Jim Merkel at RIC Tonight


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Nationally-regarded sustainability expert Jim Merkel will be speaking at Rhode Island College tonight at 7 p.m. “He is by far one of the most respected thinkers on the topic in the country,” according to an email announcing the talk. “I guarantee that you will come away thinking about this world differently.”

The author of “Radical Simplicity,” there is also a movie about Merkel called “Radically Simple” you can see clips of it here, or watch the movie on Netflix.

According to a press release:

His recent work helped Dartmouth College earn the highest grade given on the Sustainability Report Card issued by the Sustainable Endowments Institute for the two years he led the campus’s sustainability efforts.

Originally a military engineer trained in foreign military sales, the Exxon Valdez disaster and the invasion of Iraq prompted him to devote his life to sustainability and world peace. Jim founded the Global Living Project (GLP) and initiated the GLP Summer Institute where teams of researchers attempted to live on an equitable portion of the biosphere.

While at Dartmouth, Jim worked to integrate environmentally and socially sustainable practices into the College’s operations and culture. His projects included Sustainable Dining, Solar Thermal Evaluation, Carbon Reduction, Sustainable Offices, Green Greeks and Solid Waste Reduction.

 

 

CRMC Issues Eleventh Hour Decision


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The Coastal Resource Management Council (CRMC), after another evening filled with heated testimony, issued its decision on a request by the Town of South Kingstown to reclassify a portion of shoreline along Matunuck Beach Road. CRMC would not be forced to make a potentially precedential decision based on an eleventh hour situation being put before them for resolution.

In a 6-2 vote, the Council voted no, voicing concern with reclassifying the existing shoreline designation of “Coastal Headlands Bluffs and Cliffs” to that of a “manmade shoreline.”

Anthony Affigne, CRMC member, made his feelings clear from the moment he took his seat.

“I want to indicate a great deal of frustration with the 11th hour situation. “I went to Matunuck Beach Road. It is clear that the erosion has continued,” he said. Having conducted a site visit just prior to the meeting, Affigne was adamant in his contempt for the lack of prior mitigation sources.

“Town officials have known for decades and been aware for decades. We have our backs against the wall and [we] are being forced to make a decision,” argued Affigne. “We are here in a situation of imminent peril.”

The Town’s case, presented by Steve Alfred, who holds the titles of Town Manager and Public Safety Director, is also premised on imminent peril. The road leading into Matunuck is in danger of failure. The Town has been before the Council on several occasions concerning the Matunuck Headlands issue. The last on April 10, requesting approval for the construction of a sheet pile wall along a 202 ft. stretch of Matunuck Beach Road is pending reconsideration. The section of road in question housing the community’s water line is being compromised by storm surge and coastal erosion.

The April 10 hearing also ended in the Town’s application being struck down. Many residents, property owners and environmental watchdog agencies who testified in opposition, also opposed the reclassification. Some, represented by counsel, lent their support with limitations on restrictions and stipulations. The Town’s petition for reconsideration of the sheet pile wall application was tabled in light of the reclassification hearing and will be heard on May 8.

The reclassification to manmade shoreline, proposed for an approximately 1400 ft. stretch of coast, represented the Town’s efforts to assist property owners and residents attempting to erect protective measures along the southerly, seaward side of 11 affected parcels.

The current natural designation, usually attached to coastline along Type I waters, affords less opportunity for the placement of permanent protective structures for private property owners. The Coastal program specifically prohibits “construction on or alteration of coastal cliffs and bluffs and contiguous areas where such construction or alteration has a reasonable probability of causing or accelerating erosion or degrading a generally recognized scenic vista.”

Supportive of previous discussions with property owners, the Town adopted the posture that the change to “Manmade Shoreline” properly reflected the “historic character of portions of the Matunuck shoreline.” Manmade Shoreline is not typical of Type I water designation, another issue to be considered by the Council as the Matunuck Shoreline is Type I. The new designation, if approved, would have provided property owners an administrative vehicle providing for the construction of protective structures.

A mixture of business and residential concerns, two of the parcels of immediate concern house the Ocean Mist and Tara’s Pub, small businesses, whose owners are concerned not only for their properties and livelihood, but for that of their employees. In May 2011, the two businessmen submitted Preliminary Determination requests for construction of a combined sheet wall and riprap structure, seaward of their properties. Coastal storms and the combined efforts of all interested parties in reaching viable solutions had those applications tabled.

Represented by William Landry at the latest hearing, the business owner’s presented a case more supportive of beach nourishment, replenishment and conservation.  “We ask that we be given the opportunity to present an appropriate solution within the next year that involves beach replenishment and addresses compliance issues,” provided Landry, referencing the outstanding issue of coastal compliance violations.

Several environmental agencies came forth to testify in opposition to the reclassification. Calling forth visions of the Great Wall of China, each presented the issue of precedential caution. A decision in favor of reclassification would bring forth property owners up and down the coastline.

Brian Wagner, representing the Surfrider Foundation, Rhode Island Chapter, spoke against the erection of seawalls in general and opposed reclassification of shoreline in favor of private construction concerns. Wagner made it clear that the foundation was opposed to the reclassification and reconsideration requests, cautioning the Council. “It’s the first step down a very slippery slope.”

Tricia K. Jedele, representing the Conservation Law Foundation, cautioned the Council about making decisions not provided for in the CRMC Red Book. “Who has the ability to request a reclassification? Can the Town request it? Can any individual who owns coastal property request a reclassification?” she asked. “Your program is not clear.”

What was clear, was the report prepared by CRMC staff in advance of the Council’s reclassification decision. A change to manmade shoreline would have to include stipulations concerning any subsequent construction and Army Corp of Engineers involvement.

The Council, now faced with a reclassification request absent the proposed hard structure wall, replaced with a beach replenishment proposal of sorts – a flip-flop on issues, seemed perplexed. “Had a request for replenishment been submitted, it would have been signed the next day,” responded Grover Fugate, CRMC Director.

Was there ever a Great Wall of China on the table or was there actually a Chinese Wall – a veritable lack of connection put in place by opposing side’s inability to communicate? The turnout of residents, Town officials, environmentalists, conservationists and the litany of attorneys tells the story. Place the Great Wall proposal on the shelf and consider the Chinese Wall breached. There has been a call to the table.

Open for discussion are many questions concerning the future of the seaside community of Matunuck.  Is there an issue of imminent peril? Will the road fail? How does the Town provide for public health and safety, absent the ability to protect Matunuck Beach Road? When and how will beach replenishment be accomplished?

Perhaps the most important question is one without immediate answer. “Will New England’s changing weather patterns afford Matunuck the benefit of a year’s time?”

The seaside community escaped the wrath of a harsh New England winter. Time and weather, as virtual unknowns for the future, a decision has to be made.

“You’ve got everybody’s attention,” said Landry. “Golden moments fly.”

 

CVS Fined for Dumping Hazardous Waste in CA


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A California judge has ordered Rhode Island-based CVS to pay $13.75 million in fines to 45 cities and towns in the Golden State for improper dumping of hazardous materials and hypodermic needles.

“The Rhode Island-based chain came under investigation two years ago after allegations that it mishandled medical, pharmaceutical and photographic waste at California stores over a seven-year period,” reports the Associated Press.

According to Palo Alto Patch: “The investigation began after environmental enforcement officials from the state of Connecticut similarly inspect CVS’s practices. California health inspectors and prosecutors found evidence of the violations and worked with CVS stores to correct these practices.”

Here’s a statement from CVS spokesman Michael DeAngelis:

CVS/pharmacy has been working closely with District Attorneys across the State of California to develop a comprehensive environmental program to ensure we document, store, handle, and dispose of hazardous waste and other materials in compliance with applicable State regulations.

CVS and the DAs involved have reached a settlement agreement that resolves environmental issues for certain CVS/pharmacy facilities in California, many of which were acquired during the time period covered by the settlement and some of which have since been closed. As part of the settlement, the company has agreed to pay $13.75 million. Per the agreement, there is no admission of any wrongdoing in relation to these issues.

As a pharmacy health care company dedicated to helping our customers on their path to better health, we are particularly sensitive to the need for a healthy environment and recognize our responsibility to promote this commitment throughout our organization.

Celebrate Earth Day With Senators, Congressman


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Sen Whitehouse at a recent rally for the Buffett Rule. (Photo courtesy of Whitehouse office)

Sens. Sheldon Whitehouse and Jack Reed and Congressman David Cicilline will join Ocean State Action, Clean Water Action for its annual Earth Day Breakfast on Monday morning when local environmental leaders are honored.

Whitehouse, the only member of the delegation being recognized for his work on stewardship efforts, is being recognized because he “successfully shepherded that National Endowment of the Oceans through the Senate” and he “teamed with Senator Lautenberg to make a public push for adequate disclosure of chemicals that the EPA has determined to pose a risk through public exposure.”

Also being honored are:

Sheila Dormody is the former Rhode Island State Director for Clean Water Action, leaving this position in 2011 to be Providence’s first Sustainability Director. Her legislative accomplishments range from an electronics take-back program to diesel emissions reductions. In addition to these advancements in public health protections, Sheila has worked tirelessly to bring together environmental advocates to develop collaborative and innovative solutions through groups such as the Environmental Council of Rhode Island, Coalitions for Water Security and the Coalition for Transportation Choices.

Joe Neild, as the Director of Public Works for the City of Central Falls, has been a leader on the Rhode Island Product Stewardship Council, which consists of municipal officials working to address Rhode Island’s solid waste problems through extended producer responsibility programs. He has testified before the House Environment and Natural Resources and the Senate Environment and Agriculture committees to emphasize to legislators the strain that our current solid waste management plan places on municipalities and the need for reform.

Bari George, Founder of Bike Newport, has changed the face of biking in Newport. Establishing Bike Newport in 2011, Bari has not only grown the organization, but has engaged the City on Newport in improving bike friendliness, safety, access, courtesy, health, fitness, enterprise and planning. The mission of Bike Newport is to improve, encourage and facilitate bicycling in Newport for the health and well-being of our youth and families and as a viable and enjoyable method of transportation for residents and visitors.

The breakfast is from 8:30 to 10 at the Aspray Boathouse in Pawtuxet Village. It is being catered by The Dinner Dame and Bob Walsh, of NEARI, will emcee the events. Suggested donations of $50 are requested or $20 for students or low income people.

CRMC To Consider 2nd SK Plan for Matunuck Erosion


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After its first application was struck down earlier this week, South Kingstown will present a second one to the Coastal Resources Management Council on April 24 to request shoreline reclassification of  a section of Matunuck headlands. This one has broad-reaching implications, with the reclassification of benefit to private property owners.

It requests a change in shoreline classification for eleven properties along the Matunuck shoreline east and west of the Ocean Mist.

The application, if approved would change the present coastal designation of “Coastal Headlands, Bluffs and Cliffs” to “Manmade Shoreline” for the portion of shoreline in question. The change in designation would allow business and residential property owners more flexibility in choice of protective vehicles.

The public hearing will be held on April 24, 2012 at 6pm in the South Kingstown High School auditorium.

Amid a standing room-only auditorium earlier this week, CRMC members, town officials, residents and an army of attorneys came out to voice concerns over the continued erosion of a 202 ft. expanse of beach. Cradled between man made structures and at the heart of a decades’ long battle of surf and citizenry, the short stint of shoreline is the hub of much community activity.

After hours of testimony, CRMC ended the meeting denying a special exception needed for the project and subsequently voting the application down.

The project presented by Steve Alfred, Town Manager and Public Safety Director, was submitted through application to CRMC in September 2011. Calling for construction of a sheet pile wall with riprap stone armaments, the steel and concrete construction was limited to a critical 202 ft. span of road threatened by the ocean to the south.

Matunuck Beach Road houses the community water line and provides the only road access in and out of the area.

“Failure of the road is a critical public health and safety concern,” said Alfred. People east of the section in question would be without water, fire and emergency services access should the road and underlying line fail.

The rip-rap structure is generally frowned upon by coastal environmentalists as a beach erosion solution and an invasive means of providing for the needs of property owners.

Representatives of several environmental and coastal agencies came forward to voice opposition to the project. Jane Austin, Special Coalitions Liaison for Save the Bay urged CRMC to deny the application as posed. Speaking to CRMC’s Red Book and shoreline protection laws, Austin called upon the Council to advocate for the coastline.

“CRMC should exercise leadership through its handling of the Matunuck issue. Hardening shorelines results in loss of the natural and dynamic boundary between the land and sea, a boundary important for habitat and marine productivity.” While all parties were in agreement that the need for action had passed, each stood its ground in the ever-present tug of war of personal priorities.

Paul Lemont, CRMC member commending the work of the organization, asked Austin to provide a possible remedy. “Every time we get together, all we hear are the negatives,” said Lemont. “Something needs to be done.”

A measured assault on the Town’s plans came from all sides. At every turn came the phrase “the wall will exacerbate the problem.” The wall as proposed would not provide protection from storm surge and flooding. Floodwaters caught roadside, behind the wall would have to dissipate naturally with no vehicle of return built into the project.

“The waters would exit to the east and west and flow under the Ocean Mist property,” explained Robert Fairbanks, an engineer who designed the bulkhead for the Town. “The return is the Ocean Mist. That is how it is happening today.”

Stephen Reid, Jr., representing the owners of the Ocean Mist and Tara’s Pub, both properties sitting on 675 feet of unprotected shoreline extending east to a man-made abutment, questioned the viability of the Town’s plan and apparent lack of interest in finding suitable alternatives. “They have blinders on – sheet pile blinders. They are going to drive the pile along that 202 feet of Matunuck Beach Road.”

Reid hammered home the absence of plan protection for the private property owners, firing questions at Fairbanks. Affirming the project’s primary purpose in protecting the road, Fairbanks shored up Reid’s arguments. The 200 feet of sheet pile wall would not prevent further beach erosion, provide protection for the adjacent property or prevent flooding of the road. In fact, the wall construction would exacerbate the existing beach erosion problem seaward.

“If there is further erosion, the Ocean Mist and all of those properties are going to have a huge problem,” cautioned Fairbanks.

Reid reminded Council members that any riprap structure in support of the sheet pile wall would have to be placed on property not currently owned by the town. “The property owner where the riprap would have to go is Mary Carpenter. My client is in negotiations to purchase that property from Mary Carpenter. The Town has no place to put the riprap,” said Reid.

A right of first refusal to the parcel where the riprap would be extended is currently held by Kevin Finnegan, owner of the Ocean Mist property. The Town also considered purchasing the two parcels directly west of the Ocean Mist as a means of furthering the project. The question of the Town’s ability to provide for the riprap support brought rebuttal from the Town Manager.

“If the right of first refusal is exercised, [we] are prepared to take it through eminent domain. It is not accurate to say that it could not be accomplished,” noted Alfred.

Anthony Affigne, appointed to CRMC last fall, questioned the project’s merits. “I’ve been down there a lot. It’s clear that something needs to be done. I just don’t think this is the answer. I plan to vote no on the request for special exception.”

The Council in roll call agreed, bringing only two votes in favor of the special exception and application.

More than six months have passed since the Town’s application was filed. During that time, Rhode Island coasted through a mild winter with Matunuck property owners being spared the wrath of significant winter storms. The sheet pile wall project set aside lends no answers for the beach community of Matunuck.

CWA Supports Product Stewardship for CFLs


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The House Environment and Natural Resources Committee heard testimony last week on several pieces of legislation aimed at involving producers in the end-of-life management of their products.

This concept, known as Extended Producer Responsibility (EPR), creates financial incentives for manufacturers to design products that are less toxic, more durable, and more easily recycled. Rhode Island already has three EPR laws on the books. The collection of electronic waste, mercury auto switches, and mercury thermostats are managed through programs that are created and funded by manufacturers.

House Bill 7443 takes the next step in keeping mercury out of our waste stream, requiring manufacturers of florescent light bulbs either to develop a voluntary program to address the disposal of their bulbs or allow the Department of Environmental Management (DEM) to convene a stakeholder group charged with the creation of a mandatory program.

Sponsor of this bill and Committee Vice Chairperson, Rep. Donna Walsh (D-Charlestown) opened the hearing to a packed room by stating, “Producer responsibility is here to stay.” She also emphasized the flexibility of the bill. “There is a voluntary program in this. There are options.”

“I am excited about the NEMA’s (National Electrical Manufacturers Association) new position on producer responsibility,” said Jamie Rhodes, Rhode Island Director for Clean Water Action. “There was near universal agreement on the need for further action to prevent any additional mercury from being disposed of inappropriately. It is always a positive experience when we can work with manufacturers to develop a plan that works just as well for them as it does for all Rhode Islanders.”

Janet Coit, Director of Rhode Island DEM stated, “It looks like we’re moving towards the same thing.” The driving force behind DEM’s support for fluorescent lamp product stewardship is the hazard of improper disposal of mercury. Coit continued, “Mercury is a powerful neurotoxin and we do want to deal with that.” Liz Stone, spokeswoman for DEM, added, “What it comes down to, is that there are very few places in the state to take your bulbs.  So many people throw them in the trash because they don’t know what to do with them.”
In recognizing the positive steps that industry has taken voluntarily, staff attorney Jerry Elmer of the Conservation Law Foundations added, “Despite the fact that 90% of the mercury in light bulbs has been removed and that we’ve moving away from CFLs, there’s still a lot of mercury in the waste stream that needs to be addressed.” Rhode Island Resource Recovery Corporation estimated that they spend around $6,000 to dispose of the 8,000 – 12,000 fluorescent bulbs which they collect.

While House Bill 7443 gives DEM the ability to promulgate rules to address fluorescent lamps, it contains a specific provision to allow a voluntary program to be created by the industry and submitted to the DEM for approval. In support of a potential NEMA voluntary program, Stone added, “This law allows for a voluntary program and we at DEM prefer that. Laws have generally been passed because the industry needs that nudging.”

Matt Prindiville, Associate Director of the Product Policy Institute, described the success of similar programs in other states. “We have over 200 collection locations in Maine, many of them at retail locations. It’s easy for consumers to find these sites.”

RI municipalities have also supported the concept of EPR. “Fourteen of Rhode Island’s cities and towns, representing 56% of the state’s population, have already passed resolutions in support of producer responsibility,” affirmed Amy Vitale of Clean Water Action during the hearing. “This is an extension of existing Rhode Island laws aimed at reducing human exposure to mercury. Though the industry assures us that fluorescent lamps containing mercury are being phased out, their long lifespan ensures that they will be part of our waste stream for at least the next decade.”

Clean Water Action (CWA) is a national organization with over 40,000 members in Rhode Island, working to protect our environment, health, economic well-being and community quality of life. CWA organizes strong grassroots groups and coalitions, and campaigns to elect environmental candidates and solve environmental and community problems.

Many organizations were on hand to support this proposal, including RI Resource Recovery Corporation, Conservation Law Foundation, Clean Water Action, the RI Product Stewardship Council, Sierra Club, the RI DEM, Environment RI, and the Environment Council of RI.

Prospects Brighten for Transit Financing Fix


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Over the last 31 years, the Rhode Island Public Transit Authority (RIPTA) has come to the public 28 times to tell us of the need to either cut service or raise fares, sometimes both. Last summer RIPTA proposed a 10% service reduction in the face of a 4.6 million dollar deficit. While RIPTA has been able to forestall such drastic cuts by finding internal efficiencies, negotiating with the Amalgamated Transit Union, and carrying forward a deficit of 1.7 million dollars into next year, nothing has yet been done to fix the source of RIPTA’s financing problems.

In fact, the projected deficit for 2013 is 8 million dollars, a significant deterioration in the authority’s finances.

The problem is that RIPTA derives the majority of its operating budget from proceeds of the gas tax, and the yield per penny of the gas tax continues to be in perennial decline as fuel prices increase and people drive less or buy more fuel-efficient vehicles. Of course, the sky rocketing fuel prices also put upward pressure on the operating budget, so RIPTA gets squeezed on both ends just as demand for public transit is highest.

Unsurprisingly, public transit advocates have long been trying to push legislative reform to either supplement the gas tax or switch to a different financing mechanism so that RIPTA can preserve and even expand service to meet growing demand. These efforts have not been rewarded, but there are reasons to believe 2012 will be the year that public transportation finally gets the support it needs. What makes this year different?

Three things:

1. With leadership from new board chairperson Warwick Mayor Scott Avedisian, RIPTA management and labor have put aside their differences and are putting forth a united effort to secure more funding.  The Board of Directors unanimously endorsed the Public Transit Investment Act at their last meeting, and Avedisian, RIPTA CEO Charles Odimgbe, and ATU local 618 President Paul “Fuzzy” Harrington have all been on message at the Statehouse. These circumstances stand in stark contrast to last year when RIPTA was noticeably absent on Smith Hill until the very end of the legislative session, and even then seemed unsure of what it was asking for.

2. For the first time, Rhode Island’s public transit riders have organized to advocate on their own behalf. RIPTA Riders, a grassroots group of more than 600 members that largely coalesced last summer during the service cut public hearing process, has brought an astounding amount of pressure to bear on state policy makers. The Save RIPTA petition that the group started now has more than 5000 names on it, including 28 members of the House. You can see and hear more about the RIPTA Riders story here.

3. Urgency. Staring at a minimum of a 9.7 million dollar deficit, the problem can no longer be avoided. If public transit does not get additional funding this session, there will be service cuts of at least 20% in the fall. Such cuts would be a serious blow to the fragile economy of the state, particularly with gas prices as high as they are. More than ever, Rhode Islanders need affordable and convenient access to transportation.

With RIPTA Riders, the traditional coalition of transit advocates, and RIPTA itself all pulling in the same direction at the right time, transit financing reform is finally getting serious attention. You can get on this bus, too. Please take a second to click on the petition link above and put your name on it, and once you’ve done that please also send your State Rep a letter asking them to support the Public Transit Investment Act.

To Burn or to Bury: Is that the Question?


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No gull can eat just one. The seagulls have left the Central Landfill... for now.

It seems the seagull problem at the Central Landfill in Johnston has been rectified, at least temporarily, but the Rhode Island Resource Recovery Corporation (RIRRC) continues to address the problem of odors emanating from the landfill and, given the fact that organic matter continues to be buried there, will probably be dealing with this issue well beyond the estimated 20-year remaining lifespan of the facility.

Meanwhile, the local environmental advocacy community and renewable energy business sector continue to fret over Rep. Jon Brien’s, D-Woonsocket, proposal to overturn Rhode Island’s ban on waste incineration and reclassifying any energy produced through the process as renewable.

The short remaining lifespan of the state landfill is of paramount concern to taxpayers. When the landfill is closed — in about 20 years, if we continue our current disposal habits — Rhode Island will most likely have to ship its waste out of state, either by land or by sea, and that added transportation cost will undoubtedly cause the cost of waste disposal to skyrocket overnight.

Waste-to-energy (WtE) incineration may seem like a solution to some, but the burning of anything — whether it be landfill gases or garbage — carries with it a host of environmental problems. And as we learned last year with the failure of the gas collection system at the landfill, even the strictest environmental controls — like all manmade things — can, and usually will, eventually fail.

It’s no secret that waste incineration, as an industry, is historically notorious for polluting our air and water. The clouds of noxious gases that emanate from improperly controlled, monitored and/or maintained incinerators have racked up many a violation of the federal Clean Air and Water acts.

WtE incinerators, however, don’t eliminate the need for landfills. Most of the ash that is produced by the industry is landfilled, but some states have issued beneficial use determinations for bottom ash, allowing it to be used for road building and, oddly enough, landfill cover.

Landfills carry their own set of ecological problems. Leachate from lined and unlined, closed and open landfills can contaminate ground and surface water. Most modern landfills have sophisticated leachate collection systems, but keep in mind that these systems can and do fail. Our own Central Landfill, according to the Environmental Protection Agency’s Enforcement & Compliance History Online database, has been out of compliance with the Clean Water Act for the past three years.

The real question for Rhode Island isn’t whether to burn or bury our waste, but how do we reduce our need for either of these options as we move forward? Producer responsibility, changing our approach from encouragement to enforcement of recycling laws in the business sector, composting food waste on a large scale and increasing our municipal recycling rates should be the focus.

Read the full article on ecoRI News.

RI Tea Party: Anti-Monsanto and Anti-Sustainable Development

The latest in ‘why the RI Tea Party confuses me:’

This extensive list was included in a blast-email today from Marina Peterson of the East Bay Patriots. In the same breath where she urges consumers to organize against Monsanto to “put them out of business or at least try,” she announces the upcoming meeting on “Agenda 21.”

Some background on Agenda 21 from this article on Tennessee tea party groups:

Chattanooga has a direct connection with Agenda 21. Dave Crockett, director of the city’s Office of Sustainability, said Friday he attended the 1992 U.N. meeting in Rio De Janeiro as a local businessman. He said the idea of Agenda 21 was simply a way for governments to look at how they could do things better and think of how things could be “greener” in the process.

Examples include putting energy-efficient light bulbs in street lamps, trying to promote consuming food grown within 100 miles and also community issues such as crime or poverty, Crockett said.

Agenda 21’s goal is to get measurable goals to make human life better.

Go figure.

Occupy PVD to protest Pfizer, ALEC today


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An Occupy Providence protester at an action against Pfizer in Groton Conn. (photo courtesy Occupy Providence)

Occupy Providence crosses state lines today for a protest at a Pfizer facility in Groton, Conn. The action is being endorsed by several Occupy groups from Connecticut and Massachusetts, and will include “protest, street theater, puppetry, teach-ins, speakers, music, food, and more,” according to a press release sent this morning.

“Pfizer feels it is their right to control our government with money, have their interests held above the interests of the people,” according to the press release. “Now it is our time to show them we want our cities, our state, and our country back. Plans are being made to show Pfizer we are no longer silent, and refuse to allow their horrors to continue any longer.”

The protest is part of a national day of action designed to target corporations that are involved with ALEC, the American Legislative Exchange Council. Funded by companies like Pfizer, Exxon Mobil and Koch Industries, ALEC writes and then, through local supporters, advocates for legislation at the state level.

“It is no coincidence that so many state legislatures have spent the last year taking the same destructive actions: making it harder for minorities and other groups that support Democrats to vote, obstructing health care reform, weakening environmental regulations and breaking the spines of public- and private-sector unions,” according to a New York Times editorial earlier this month. “All of these efforts are being backed — in some cases, orchestrated — by a little-known conservative organization financed by millions of corporate dollars.”

The Times wrote that ALEC “had been involved with” writing a bill in Virginia that would “require voters to show a form of identification.” A similar bill passed in Rhode Island last legislative session and its sponsor, Rep Jon Brien, D-Woonsocket, has been identified as one of two state chairmen of ALEC in Rhode Island by SourceWatch.org.

“ALEC that has modeled hideous anti-consumer protection laws, anti-democracy voter suppression laws and even disinformation programs about global warming,” according to the Occupy Providence press release. “We call on people to target corporations that are part of the American Legislative Exchange Council which is a prime example of the way corporations buy off legislators and craft legislation that serves the interests of corporations and not people.”

Clean Water Action Hires Jamie Rhodes


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I first met Jamie Rhodes while working on David Segal’s campaign for Congress and for the past year or so since he’s been with Ocean State Action.  He’s a great guy and will be a great addition for Clean Water Action as their new Director.  Congratulations Jamie!

Here’s the press release:

Clean Water Action welcomed Jamie Rhodes to the position of Rhode Island State Director on February 1, 2012. Rhodes was selected as the next director following the departure of long‐time director, Sheila Dormody, who has moved on to Providence City Hall as the city’s first Sustainability Director. Rhodes previously was Canvass Director from 2006 through 2009 before enrolling at Roger Williams University School of Law in Bristol, Rhode Island.

“We are excited to add Jamie to our leadership team,” said Cindy Luppi, New England Director. “Rhode Island has taken great strides towards being a national model for mercury pollution prevention, investment in renewable energy and creation of producer responsibility programs. Jamie has the right combination of talent, drive and experience that will add to Clean Water’s track record as a leading voice in Rhode Island’s environmental movement.”

“I am honored to re‐join Clean Water Action’s successful team here in Rhode Island,” says Rhodes. “I look forward to working with our allies in the fight for our water, our health and our communities. As working Rhode Islanders struggle, our state needs to continue its commitment to public health and environmental justice.”

In addition to Rhodes, Clean Water Action has also brought on former ACLU staff member, Amy Vitale, to promote the group’s legislative priorities on Smith Hill this year. “Amy will be a great addition to our team,” adds Rhodes, “Her years of experience working with the General Assembly will be invaluable for this year’s push to expand manufacturer‐funded recycling programs to include paint and packaging and to stop short‐sighted efforts to overturn Rhode Island’s decades‐long ban on municipal waste incineration.”

In addition to the work to promote progressive solid waste policies, Clean Water Action’s 2012 priorities include:

  • Promote sustainable funding for public transportation.
  • Establish environmental criteria for schools sited on hazardous land.
  • Elect pro-environmental candidates.

Clean Water Action is a national grassroots environmental organization with over 40,000 members in Rhode Island.

February 27: 2012 RI Compost Conference and Trade Show


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Rhode Island is in for a long period of frugality. In this spirit we remember our Yankee roots of not wasting things.  As Rhode Island looks to build new industries, compost may be a building block for something new. But while food scrap to be turned into compost is rather abundant in Rhode Island there are obstacles to collecting it, and some of those are financial.

The 2012 Rhode Island Compost Conference and Trade Show provides a time to reflect upon where the compost industry is in Rhode island, and how we might go about more fully developing it. The heart of the conference is the trade show with manufacturers, distributors, composters, and related businesses, as well as community groups focused on food security that include compost and reuse in their missions. Clearly we have a long way to go in Rhode Island with some commercial sectors leading the way, and the municipal sector a bit behind. There will be much of interest, and hopefully it will give all sectors of the industry an opportunity to broaden the networks that will allow their communities to compost when the time arrives.

I hope you will join us at the RI Compost Conference and Trade Show February 27 at Hope Artiste Village in Pawtucket

Rhode Island Compost Conference & Trade Show

Register Now!

The 2012 RI Compost Conference and Trade Show is being organized by the Environment Council of Rhode Island’s Compost Initiative with the generous support of Waste Management, Renewable Now, Full Circle Recycling, Newport Biodiesel, Johnson & Wales University, ECORI, and New Harvest Coffee Roasters

Event program

8:30 Registration Begins, Trade Show opens, Coffee and pastries.

9:00 Welcome.

9:45 Morning Speakers: The big picture

Michel Virga Executive Director United States Compost Council
The compost industry in the US in 2012.

10:05 Josh Nelson Agrilab Technologies
Heat Capture & Transfer from Aerobic Composting- A cost effective, renewable incentive for farms and communities.

10:25 Phil Holloway Director of Sustainability Services Environmental Products and Services of Vermont
Large scale commercial foodwaste collection

10:45 Questions to the morning speakers

11:30 Lunch and Trade Show
12:10 10 minute table talks session 1
12:30 10 minute table talks session 2

1:00 Afternoon speakers : Rhode Island

Nancy Warner The Worm Ladies of Charlestown
Worms- A cost effective solution to eliminating 67% of waste going too the landfill.

1:20 Robert Ross Johnson and Wales University
Preparing JWU for composting

1:40 Michael Bradlee Earth Appliance
Innovating

2:00 Greg Gerritt Coordinator RI Compost Initiative
What’s Going On

2:20 Questions and discussion with the panelists

2:45 Trade Show continues.

Restore Roger Williams Park Ponds

Pleasure Lake in Roger Williams ParkOne of the first things I did in Providence, even before the boxes were unpacked, was fish Roger Williams Park. People are sometimes surprised to hear how many fish there are in the ponds… largemouth bass, bluegill, crappy, white perch, and carp (considered invasive but real fun to catch). The ponds are truly a treasure for the urban angler but have long been plagued by poor water quality. That’s why I was so excited to learn of the plan for a multiphase project to improve the ponds’ water quality, habitat, and biodiversity (lot’s of additional info here). Unfortunately, I learned of it just after the initial meeting last fall. In any case, I don’t plan to miss the next one:

2nd Public Meeting to Restore Roger Williams Park Ponds
Where:        Roger Williams Park Casino
When:        Tuesday, February 7th, at 7PM

 

The plan itself is comprised of the following phases:

Phase 1: “Best Management Practices,” Community Engagement and Restoration Design.
Included in this phase, shoreline planting, wetland construction and waterfowl control to reduce water pollution in the Park, as well as development of a plan and cost estimates for restoration of the entire ponds system.

Phase 2:  Full-scale Restoration
Included in this phase, further reductions of on-site pollution and reduction of off-site impacts, continued restoration of biodiversity including control of invasive fish (sorry carp anglers). Of particular importance in this phase will be the planning of ways to address upstream sources of pollution, the watersheds surrounding Mashapaug and Spectacle Ponds.

Phase 3:  Migratory Fish Restoration
Included in this phase, restoration of the stream continuity and migratory fish passage along Belafonte Brook (*love it*).

If you can’t make the meeting, volunteers can get involved by contacting the Narragansett Bay Estuary Program (NBEP).

Fighting for Rhode Island


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The last few years have been tough for our great Ocean State. Across Rhode Island, I’ve organized community dinners, main street tours, and coffee hours where I’ve heard firsthand from so many people struggling to find work, seniors worried about their Social Security and Medicare, families being crushed by unfair credit card rates, and students scared they are going to have to leave college because they can’t afford tuition. People are hurting and they are frustrated, but they aren’t giving up, and neither am I. I’ve listened and I’ve brought these stories with me to Washington, and it is my promise to you as your U.S. Senator that I will keep fighting to create jobs, protect essential benefits like Social Security and Medicare, and provide our kids with a brighter future.

OUR VOICE IN WASHINGTON                                        

Rhode Islanders sent Sheldon to the Senate to fight for us and against the big special interests – and that’s just what he has done. We know that we can count on Sheldon to support our priorities – creating jobs, protecting families, and ending special deals for billionaires and big corporations. Sheldon has led the fight against moves to severely cut Social Security, Medicare benefits, and Pell Grants because he knows how much we in Rhode Island count on these programs.  And he has opposed giving more tax breaks to billionaires and multinational corporations while middle class families continue to suffer.

SHELDON’S PLAN

Putting Rhode Islanders Back to WorkSheldon has fought hard for legislation to create jobs, support small businesses, and revitalize our manufacturing sector.

  • Sheldon introduced legislation that would meet President Obama’s call in his State of the Union speech to eliminate the tax loopholes that reward companies who ship US jobs overseas.
  • Sheldon helped pass a Senate bill to crack down on China’s currency manipulation that costs American jobs by making it more expensive for us to sell goods to China, and cheaper for China to sell things here.
  • Sheldon is supporting legislation that could fund significant transportation improvements, such as repairing the I-95 viaduct in Providence, and provide new construction jobs in Rhode Island.
  • Sheldon has proposed a measure to provide tax credits to small businesses who hire unemployed workers to make it easier for a business to add new jobs.

Protecting Medicare and Social Security for Rhode Island Seniors. Sheldon will always be committed to preserving Social Security and Medicare benefits, and will continue fighting to reduce the cost of prescription drugs for seniors.

  • When Republicans in the House passed dangerous legislation to end Medicare as we know it, Sheldon helped lead the fight against that bill in the Senate.
  • Sheldon helped ensure that the health care reform bill closed the “doughnut hole” for prescription drugs covered under Medicare. More than 10,000 Rhode Island seniors benefited from this discount in 2011, saving $5.5 million dollars.
  • When budget negotiators threatened to pass new cuts to Social Security to reduce the deficit, Sheldon stepped up to protect that vital program and helped form the Senate’s Defend Social Security Caucus.

Getting a Straight Deal for Middle Class FamiliesSheldon has heard from so many Rhode Islanders who are frustrated with the special deals enjoyed by big corporations and billionaires.  He shares that frustration and is working to restore the “straight deal” that middle class Americans expect and deserve – ending tax giveaways to Big Oil, combating unfair credit card interest rates, making sure millionaires and billionaires pay their fair share in taxes, and putting a stop to unlimited and anonymous spending by big corporations in our elections.

Supporting Education Providing our children with a good education is the most important thing we can do to give them the opportunity to get the best jobs in the future.

  • Sheldon is fighting to protect Pell Grants to make it easier for students to afford college. In 2009-2010, 19,937 Rhode Islanders received $69,567,944 in Pell Grants for an average of $3,489 per student.
  • Sheldon has been working to extend the Elementary and Secondary Education Act to improve our nation’s middle schools by establishing a grant program to help fund reforms in struggling school systems.

Protecting our Environment and Coastal Economy.  In Rhode Island, the strength of our economy is strongly tied to the health of our environment.  Sheldon recognizes this, and is leading several bipartisan efforts to better protect our oceans and coasts – and the jobs they support.  He’s working with Senator Snowe (R-ME) to establish a National Endowment for the Oceans, collaborating with Senator Vitter (R-LA) to re-authorize the National Estuary Program, and is co-chairing the Senate Oceans Caucus with Senator Murkowski (R-AK).  Sheldon will continue fighting to advance these priorities in 2012.

Stay in Touch: whitehouse.senate.gov, facebook.com/SenatorWhitehouse, twitter.com/SenWhitehouse

Roger Williams Park Zoo Cuteness Index Up 20%

New England Cottontail RabbitGood news for local bunnies:

The Roger Williams Park Zoo has teamed up with biologists from around the state to help save the New England Cottontail Rabbit.

Back in September [WPRI] reported that the bunny was bordering on extinction . Researchers could only find one in the entire state.

Here’s the problem.

Why would a rabbit, the epitome of prolific breeding, be considered for protection under the Endangered Species Act? The New England cottontail is in just this predicament. Its population numbers are declining. As recently as 1960, New England cottontails were found east of the Hudson River in New York, across all of Connecticut, Rhode Island and Massachusetts, north to southern Vermont and New Hampshire, and into southern Maine. Today, this rabbit’s range has shrunk by about 86 percent. Its numbers are so greatly diminished that it can no longer be found in Vermont and has been reduced to only five smaller populations throughout its historic range.

The zoo plans to release the rabbits to the wild this spring. Here’s hoping they, uh, breed like rabbits.

Save the Bay: “Grave Concerns” Over Polluting Waterfront Junkyard


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EcoRI reported while we were gone that Save The Bay has delivered a letter to the Department of Environmental Management (DEM) and the Coastal Resources Management Council (CRMC) about “persistent violations of the federal Clean Water Act by Rhode Island Recycled Metals.”

“The scrap metals recycling industry is growing rapidly along the Providence waterfront — and with it a serious and ongoing threat to the Providence River,” [Save The Bay director Jonathon] Stone wrote in the letter. A lack of enforcement and regulation “sets bad precedent and sends a message to other businesses on the water that’s [sic] it’s OK to illegally discharge in Rhode Island.”

Some of you will remember the earlier promises of a green industrial future for Providence’s hospital adjacent waterfront… wind turbines, short-sea shipping, frolicking puppies (OK, not the puppies). Those promises were used by lobbyists to torpedo zoning changes that would have allowed for non-industrial uses to be mixed in with the few existing businesses. With higher density uses no longer in consideration, what we’ve seen instead is the proliferation of waterfront junkyards, to date the only new businesses to relocate to that section of the waterfront and a far cry from the green-washed promises of the polluting special interests.

Of particular concern for residents is the continued lack of action from the city and state.

“In the 18 months since the first violation was reported nothing has been done to fix the problems, [Stone] said. “I think one of the interesting questions is why DEM and CRMC haven’t enforced their own permits? I don’t have an answer to that”…

Save The Bay is calling for construction of a drainage system, a concrete pad for heavy equipment, and a fully enclosed plastic cover to control dust and keep rain off the scrap piles. The environmental group also expressed concern about the lack of public information about a temporary dredging permit for dismantling the aforementioned submarine that has “mushroomed” into other uses. [my emphasis]

Recall that the Mayor Taveras championed his role in bringing in these industrial uses, calling one earlier this year “a very welcome addition to Providence’s working waterfront” (note – working waterfront is the lobbyist preferred term for the polluting special interests). But with this news and with the exposed “Mt. Taveras” scrap pile at Sims Metal Management growing every day, one has to wonder why these environmental questions and the health of local residents weren’t first and foremost among the city’s concerns.

Public Risk for Private Profit

PBN reports this week on the high cost to the city of the recent sale of Promet Marine Services to the newest member of Providence’s polluting waterfront, Sims Metal Management. Six years before it was part of a $16.8 million sale to an international metal recycler, the Promet Marine Services pier on Allens Avenue was nearly sold to the city of Providence for a more modest price of just over $1 million.

But that deal was struck down by the R.I. Supreme Court in a decision that supporters of waterfront development point to with dismay as a key reversal that helped stymie proposals to rezone the area and open it up for nonindustrial uses.

“The city got screwed,” said Providence Ward 10 City Councilor Luis Aponte, the most vocal advocate for waterfront rezoning on the council… “I think now it is clear why the Cohens fought any changes down on Allens Avenue,” Aponte said about the amount Sims paid for the property. At issue for the court was this section of the purchase agreement with Promet: Not withstanding anything contained herein to the contrary, this Contract is conditional upon the City of Providence waiving its right to purchase this property under the same terms and conditions contained herein in accordance with R.I. General Laws Section 37-7-3. Said required notice to City was made by certified mail on May 18, 2005. If the City of Providence chooses to exercise its rights as provided in R.I. General Laws Section 37-7-3, then this contract will terminate and be deemed null and void.Sounds reasonable enough. After all, state taxpayers had maintained the property since the site was condemned in 1911 and quite obviously had an interest in ensuring the next use of that property be in the best interests of the people of the City of Providence. Again from the PBN:In Superior Court, the sale to the city was upheld, but after the Cohens appealed, the state Supreme Court in 2008 struck down the sale on the grounds that the Providence Redevelopment Authority was only authorized to buy “blighted” land, which the pier was not.I guess blight is in the eye of the beholder. Promet was never exactly an environmental poster child, but that’s not the standard applied. What the ruling says to me is that with enough money and the right attorneys, corporations can void whatever sections they no longer like of contracts signed with the people of the state. The result? You guessed it, a nice payout for the corporate interests and their attorneys and even more environmental harm for residents.

There is some good news. The next time the city has a chance to buy the property, the case for declaring the property blighted will be a lot easier.


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