The same day last week (Wednesday, May 2) that the Tiverton Zoning Board invalidated on zoning grounds a proposed (and allegedly noisy) motocross track at 691 Brayton Road, the Rhode Island Department of Environmental Management (DEM), and the interim Tiverton town building/zoning official, were inspecting composting activities on an abutting site immediately to the north.

Neighbors had been complaining that foul odors were coming from the site.

As a result of the inspection, “DEM ordered immediate measures to mitigate the smell, and [Friday, May 4] issued a noncompliance letter that orders the composting operators not to bring any additional loads to the site,” said Jan Reitsma, Tiverton town administrator.

“The operation is known as DeMello Home and Site, operated by Mark DeMello, and is located at 509 Brayton Road,” said DEM spokesman Mike Healey. “The registration indicates the land is owned by the Rosemary Halstead Estate, Ron Almeida, Trustee.”

“Both DEM, which licensed the operation late last year, and the town official inspecting the site, observed violations” last week, Mr. Reitsma said. 

“Some of the deficiencies we found in our inspection,” said Mr. Healey, “include odors (obviously), surface water issues, dust control, waste water / leachate management, aeration of piles, and standing water between windrows.”

“The Town will be issuing a cease and desist order,” Mr. Reitsma said, “citing the operators for violations of the zoning and other ordinances, and telling the operators that the ‘odor control plan’ they submitted to DEM is inadequate.”

The composting business takes place in a residential zoning district.

“The fact of the matter is that this is a prohibited use in the zoning district,” Mr. Reitsma said. “My preference is to issue a Notice of Violation — to let people know you can’t do this without getting proper local approvals in addition to state approvals.”

“There’s a complicating factor,” Mr. Reitsma said. “The person hauling into the site and doing the composting claims he was given approval by a town official.” No further information about this possible complication is known at this time.

“One of the conditions of the operator’s DEM registration is that they must comply with all local regulatory requirements,” Mr. Healey said.

Source of bad smells?
The smelly activity is called “putrescible waste composting,” said chief DEM spokesman Mike Healy. DEM had issued a permit for “large-scale putrescible waste composting” at the site last November, 2017, he said.
“Putrescibles are solid wastes that contain organic matter capable of being decomposed by microorganisms. Basically, it’s garbage that can include food waste that decomposes, and stinks,” said Mr. Healey.

Think cabbage, potatoes, lettuces, broccoli, squash, tomatoes, brussels sprouts, and so forth. It's not supposed to include meats, deli foods, cheeses, dairy products, etc..

The composting out on Brayton Road “is not being done properly,” said Mr. Reitsma. Among other things, he said, the process is not being done in “windrows" (a long line of heaped up material), but “rather in piles.”

“In addition to the obvious odor problem, our inspector noticed ponding of leachate at the site,” said Mr. Healey. “If this problem is not addressed, it could affect water quality. As our investigation proceeds, we may identify other problems.”

It is not known at this time whether there are any toxic hazards. 

“Given the immediate nature of the problem, however, for the time being, DEM will focus our actions on issues related to air and water protection, most acutely the odor issue,” Mr. Healey said.

“Our action will in no way preclude the Town from enforcing zoning ordinances. In the longer term, we will work with the Town to make sure the operator is complying with local ordinances.”

“DEM ordered immediate measures to mitigate the smell and Friday, May 4, issued a noncompliance letter that orders the operators not to bring any additional loads to the site,” Mr. Reitsma said.

On Tuesday, the town issued its own notice of violation, and operations seem to be changing at the site. According to Mr. Reitsma, “We have been told that the operators of the site have stopped bringing the waste material to the site. Trucks may still be going there, but supposedly only to bring material needed as part of the odor mitigation.”

“There is also a part of the operation that was not included in the original application, involving ‘unpackaging’ and screening of partially ‘digested’ food waste brought to the site before it gets covered, which contributes to the smell intermittently and, I assume, attracts those seagulls [said to have been observed],” Mr. Reitsma said.

The stuff being composted comes from nearby supermarkets, said Mr. Reitsma, and arrives at the Brayton Road site already partially “digested” — a term of art in the composting world suggesting the
stuff is already partially decomposed.

Neighborhood complaints
The fuss all seems to have begun on Monday, April 30, Mr. Healey said, when “our office of waste management received a complaint by phone about odors at the site. On Wednesday [May 2] we received a separate complaint from Jan Reitsma, [Tiverton] Town Administrator, about odors at the facility. Robert Schmidt from our office inspected the site on Wednesday afternoon in coordination with town officials. He verified an odor problem as well as other concerns relative to the management of waste material at the site.”

“There’s nothing wrong with food waste composting,” said Tiverton Town Administrator Jan Reitsma. “DEM is trying to encourage it, to prolong the life of the landfill. But any kind of composting has to be done right, so it doesn't attract rodents and create odors.”

Mr. Reitsma should know. Before coming to Tiverton, he held environmental policy positions in the public and private sector (and was also engaged in the private practice of law), and was director of DEM from 1999 to 2003.

What might be the types of violations the operators face, Mr. Healey was asked on Friday.

"Because we just inspected the site two days ago, it’s a bit early to talk about possible violations," Mr. Healey said. "The owner is required to abide by the conditions of the registration that we issued in the fall, including the condition not to create objectionable odors outside of the property boundary. Violations could result in administrative penalties, required remedial measures, or termination of onsite operations."

"We have communicated with both the operator of the site and the Town that the situation is not acceptable and we will be taking action shortly to address it," Mr. Healey said. "A focus of this action, first and foremost, will be to order the operator to stop accepting any waste until the situation is brought under control. In addition to the obvious odor problem, our inspector noticed ponding of the leachate at the site. If this problem is not addressed, it could affect water quality. As our investigation proceeds, we may identify other problems."

“The fact that DEM came out so promptly in response to this complain is much appreciated,” Mr. Reitsma said.