HomeMy WebLinkAboutCease & Desist Order 300 Rye Street ^ SOWN Sf4
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March 17, 2015.
CEASE AND DESIST
CERTIFIED/FIRST CLASS MAIL
Alta Realty Company, LLC
P.O. Box 419
Ridgefield, CT 06877
LOCATION: 300 Rye Street, South Windsor
Please be advised that the following zoning violation has been witnessed on the
above referenced property.
TYPE OF VIOLATION: Storage of multiple piles of containers and processed
material outside, on the pavement and uncovered in violation of the approved
site plan, causing nuisance odors to be discharged both on and off-site and
potentially contaminating storm water discharge.
CORRECTIVE ACTION REQUIRED: Remove all of the material stored outside
at 300 Rye Street by March 30, 2015.
Your immediate attention to this matter is hereby required and directed. If you
fail to comply, you may be subject to further enforcement proceedings and
penalties in accordance with Connecticut General Statutes 8-12.
You have the right to appeal this action to the South Windsor Zoning Board of
Appeals within 30 days after service of this order on you, in accordance with
Connecticut General Statutes 8-12.
" If you have any questions regarding this matter, feel free to contact me at 860-
644-2511, ext. 251. Failure to comply with the terms of this notice immediately
will result in the violation being entered onto the land records and referral to the
Town Attorney for legal action.
Sincerely,
Pamela A. Oliva
Zoning Enforcement Officer
cc: Director of Planning
Town Attorney
Environmental Health Officer
CTDEEP Bureau of Materials Management & Compliance Assurance
CT.DEEP Bureau of Air Management
CTDEEP Bureau of Water Protection & Land Reuse
Mr. Steven Bowles; The Reflective Companies
Plant Manager; Nutmeg Recycling
Mr. Peter DeMallie; Design Professionals Inc.
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1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
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March 23, 2015
Mr. Steven Bowles
Reflective Recycling of New England LLC
300 Rye Street
South Windsor, CT 06074
Re: Plans to address concerns at 300 Rye Street
Dear Mr. Bowles:
Thank you for meeting with Michele Lipe and myself on Friday, March 20, 2015
regarding the cease & desist order sent to you. Your immediate attention to the
concerns identified is most appreciated.
At the meeting, you presented us with a plan to remove the stockpiled material
as well as the odors associated with those materials. According to the plan, you
have reduced the incoming shipments of material, allowing you to focus on
processing and removing the product currently on-site. You indicated that you
expect the piles to be completely gone in 10-12 weeks, following an aggressive
processing schedule.
Your plan identified a product, Ecosorb, made by OMI Industries that you would
be investigating to neutralize the nuisance odors emanating from the outside
piles. That product sounds very interesting, and hopefully will be successful in
neutralizing the odors.
We will be looking for the modified site plan to be submitted sometime within the
next 2 months. The new site plan should address all changes in operations, and
reflect any modifications to the site that will be required to accommodate the
proposed operational changes.
We look forward to working with you to bring your facility into compliance with a
site plan. If you have any questions or concerns during this process, you can call
me at (860) 644-2511, extension 251. Thank you again for your prompt
response.
Sincerely,
Q,J"'
Pamela A. Oliva
Zoning Enforcement Officer
cc: Director of Planning
Town Attorney
Environmental Health Officer
Alta Realty Company, LLC
CTDEEP Bureau of Materials Management & Compliance Assurance
CTDEEP Bureau of Air Management
CTDEEP Bureau of Water Protection & Land Reuse
Mr. Peter DeMallie; Design Professionals Inc.
y� Connecticut Department of
ENERGY &
�r ENVIRONMENTAL
PROTECTION
79 Elm Street• Hartford,CT 06106-5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer
Steven B.Bowles April 9, 2015
Reflective Recycling of New England LLC
300 Rye Street
South Windsor,CT 06074
RE: Nutmeg Recycling,LLC General Permit for Limited Processing Recycling Facility
Dear Mr. Bowles:
The Department of Energy and Environmental Protection,Bureau of Materials Management and
Compliance Assurance,Waste Engineering&Enforcement Division("the Department")was informed by
the Town of South Windsor of a zoning violation that occurred at Nutmeg Recycling located at 300 Rye
Street, South Windsor. Specifically,the violation was for storage of multiple piles of uncovered
containers and processed material outside on the pavement that was causing odors on and off-site. On
March 17,2015,the Town issued a Cease and Desist("C&D")to Alta Realty Company,LL,property
owner,to remove all of the material stored outside by March 30,2015.
Documentation and pictures from the Town of the site indicate that Nutmeg Recycling is not in
compliance with the General Permit Registration for Limited Processing Recycling Facility(No.
13201184-GP, Section(2)(B-K), including but not limited to the required storage limits of the permit.
On March 20,2015, in response to the Cease and Desist,Reflective Recycling presented a compliance
plan to the Town,which the Town approved. The compliance plan indicated that the removal of the piles
would take 10-12 weeks. The Department requests monthly progress reports provided by the 15'of each
month starting on April 15,2015,which indicate the current on-site storage quantities and how much was
brought in and sent off-site for the previous month. If at any time,Nutmeg Recycling is unable to meet
the compliance plan presented to the Town,and the terms of the General Permit,you must immediately
notify the Department and provide/take appropriate corrective action.
Please be advised that civil penalties of up to$25,000 are applicable to each of the violations under
Section 22a-226 or 22a-226a of the Connecticut General Statutes,and such penalties apply for each day
that the violations have existed and each day that they continue. For any violation,the Department may
seek penalties and may also issue an order, seek injunction or take other legal action under Chapter 439,
445,446d, and 446k of the Connecticut General Statutes.
If you have any questions or concerns please contact me at(860)424-3287.
Si cerely,
Darlene Sage
Environmental Analyst
Waste Engineering&Enforcement Division
Bureau of Materials Management&Compliance Assurance RECEIVED
Cc/Town of South Windsor,Pamela A. Oliva,Zoning Enforcement Officer APR 1 4 2015
S"WAVOSOR PLANING DEPT.
Nutmeg Recycling LLC
Reflective Recycling of New England LLC
300 Rye St
South Windsor,Connecticut 06074
Date: April 16, 2015 RECEIVED
To: Darlene Sage APR 2 0 Z015
Environmental Analyst
Waste Engineering & Enforcement Division 6OiliHWINDSORiIAAt, NGtp1
Bureau of Material Management &Compliance Assurance
RE: Nutmeg Recycling, LLC General Permit for Limited Processing Recycling Facility
In response to your request for a monthly update, we have reviewed the material that has
caused the Town of South Windsor's concern. We are happy to,report that the material stored
outside the building has been significantly reduced in volume as a result of our actions to
process this material.
Progress summary-,
8000 tons removed from outside storage and processed during the 4 week period
Remaining inventory to be processed = 22,000 tons (estimated)
We are planning to update our progress again in early May after April end of month reports are
compiled. Future reports will be sent in monthly intervals shortly after the beginning of each
new month. This report was delayed due to manual processing of data in the middle of the
month.
Sincerely, Bill Clarke
r
Director of Supply&Compliance
Reflective Recycling of New England LLC
Nutmeg Recycling LLC
CC: Town of South Windsor, Pamela A. Oliva, Zoning Enforcement Officer
Attachment: South Windsor scale Inbound &Outbound transactions
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July 10, 2015
Mr. Steven Bowles
The Reflective Companies
5407 Sundowner Ct.
Houston, TX 77041
Re: Site plan for 300 Rye Street, South Windsor, CT
Dear Mr. Bowles:
In response to a Cease & Desist letter issued on March 17, 2015 you met with
the Director of Planning, Michele Lipe and me on March 20, 2015 at the Town
Hall. At that meeting, you provided me with a letter which stated that a
modified site plan would be submitted within sixty (60) days. To date, I have
not received the modified site plan.
You have provided letters sent to the CT Department of Energy & Environmental
Protection (DEEP) documenting efforts to reduce the amount of stockpiled
processed material on site. Your letter to me indicated that you expected to
have the piles completely eliminated within ten to twelve (10-12) weeks. Recent
trips past the property show that large amounts of processed materials are still
present.
Please let me know when you expect to have the site plan submitted, and when
you anticipate clearing out all of the processed material. You can contact me at
(860) 644-2511, extension 251.
Sincerely,
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
cc: Director of Planning
Mr. Bill Clark; Nutmeg Recycling LLC
Town Attorney
Ms. Darlene Sage; CTDEEP
Mr. Peter DeMallie; Design Professionals Inc.
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• w� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
SOR•co TELEPHONE(860) 644-2511
December 9, 2015
Mr. Steven Bowles
The Reflective Companies
5407 Sundowner Ct.
Houston, TX 77041
Re: Site plan for 300 Rye Street, South Windsor, CT'
Dear Mr. Bowles:
In response to a Cease & Desist"letter issued on March 17, 2015 the
Director of Planning, Michele Lipe and I have met with you, Mr. Bill Clark
and Mr. Peter DeMallie on several occasions. At these meetings, we have
discussed the need for a modified site plan to accurately represent the
activities on this site. The original site plan was to be submitted in May
2015, and then it was promised by the end of August 2015. On August 31,
2015, Ms. Lipe and I met with Peter DeMallie regarding the site plan, but
nothing was submitted. To date, I still have not received the modified site
plan.
Please submit the modified site plan for review and approval by January
4, 2016 to avoid enforcement action by this office. If you have any
questions, you can contact me at (860) 644-2511, extension 251.
Sincerely,
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
cc: Director of Planning
Mr. Bill Clark; Nutmeg Recycling LLC
Town Attorney
Mr. Peter DeMallie; Design Professionals Inc.