Neronha Failed to Disclose His Office’s Investigation Into Blackstone Pollution - While Blaming DEM
Tuesday, March 14, 2023
In less than a year, the Blackstone River has been closed twice to swimming, boating, and fishing. The State has said that the cause of the closure was the improper treatment of discharges from the Woonsocket Wastewater Treatment Facility.
No enforcement action has been taken and the blame game has begun. The Blackstone has been under a "no contact advisory" for two weeks.
On Friday, Rhode Island Attorney General Peter Neronha told GoLocal that his office could not take any potential enforcement action against those responsible for discharging improperly treated sewage.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST“The fact is that clean water act cases are based on in-the-field investigations by environmental enforcement agencies, that is, DEM and EPA, and administrative actions by those agencies, including the issuance of notices of violation in the first instance. The Office cannot take action until those investigations are complete. We continue to encourage those agencies to take the necessary and appropriate investigatory steps. You should direct questions about the progress of those steps to those agencies or the Office of the Governor, to whom DEM reports,” said Neronha's communications director, Brian Hodge, in one of the emails sent to GoLocal on Friday.
But the statement from Neronha’s office failed to disclose that the office had initiated its own investigation months earlier — directly after the first series of discharges forcing the closure in June of 2022. Neronha sent a 10-page letter to Woonsocket officials in July of 2022.
In the past two weeks, DEM announced that improperly discharged sewage was being released again.
Neronha did not disclose that his office sent the Civil Investigative Demand (CID) letter. GoLocal was provided a copy of the letter on Monday by a party directly involved who requested anonymity.
Neronha’s office refused to respond to questions about his office's investigation.
And last week, Save the Bay criticized the state for the lack of enforcement action.
In the letter to the City of Woonsocket, Neronha’s office asserts that under the state’s “Environmental Advocate Statute” he, in fact, has the authority to conduct an investigation.
Neronha Cites Clean Water Act Violations - But After 9 Months, No Action
The letter issued by Neronha to Woonsocket in July of 2022 stated the following:
The State of Rhode Island, by and through Attorney General Peter F. Neronha, directs the subject of this investigation, the City of Woonsocket, Rhode Island (hereinafter "Woonsocket" or "Subject") to the provisions of this Civil Investigative Demand ("CID"), served upon them pursuant to R.I. Gen. Laws § 10-20-3(d)(3)-(5), and referred to as the "Environmental Advocate Statute."
The Rhode Island Office of the Attorney General ("OAG") has the jurisdiction and authority to issue this CID pursuant to R.I. Gen. Laws 10-20-3(d)(3) because Woonsocket owns the Woonsocket Wastewater Treatment Facility ("WWTF") in the State of Rhode Island. Based upon information and belief, the Subject was, or is currently, in violation of the Rhode Island Clean Water Act, R.I.G.L. 46-12-1, et seq.; the State Freshwater Wetlands Act, R.I.G.L. §§ 2-1-18.
Neronha’s letter goes on, “The [Office of Attorney General] has determined that it would be in the public interest to further investigate this issue. To that end, this [Civil Investigative Demand] is being served upon you pursuant to R.I. Gen. Laws 10-20-3(d)(3).”
The environmental; advocates office has sweeping powers, according to the statute, the advocate, among its many powers, can take legal action "To take all possible action, including but not limited to programs of public education, legislative advocacy, and formal legal action, to secure and insure compliance with the provisions of this chapter and any promulgated environmental quality standards."
Neronha's investigation in July of 2022 sought documents going back to previous unauthorized discharges.
Neronha's letter to the city of Woonsocket demanded a response by August 8, 2022.
According to multiple Woonsocket officials, the City responded to Neronha's investigation letter.
Neronha's office has taken no action eight months after the first discharges into the Blackstone.
The use of the River continues to be under a "no contact advisory," and he is now refusing to respond to questions.
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