I'm a target, says recycler; Unfairness by DEP alleged.

Byline: Gerard F. Russell

CHARLTON - A longtime hazardous waste recycler is facing costly fines from the state Department of Environmental Protection, but the company owner charges the state agency is unfairly targeting him for criticizing the agency.

The state DEP is fining American Reclamation Corp., of 130 Sturbridge Road, more than $175,000 for alleged violations of state law. A DEP order dated May 4, and received by the company this week, said its investigators found numerous violations at its operation in November 2005 and March 2006.

AMREC owner, Vincent P. Iuliano, yesterday complained that the DEP is "out of control" and attempting to put him out of business because he has been a thorn in the DEP's side, in pushing the agency to close Recycle Technology LLC, RecTec, a neighboring competitor.

RecTec was shut down recently by a cease and desist order from the Town of Charlton. It is alleged RecTec violated local zoning laws and state DEP regulations. Mr. Iuliano waged a long battle with Charlton and the DEP over RecTec.

The amount of the fine being levied has been a moving target, he said.

More than a year ago, Mr. Iuliano said the DEP said it wanted him to pay a $350,000 fine for alleged violations. Late last year in a conversation, a DEP official asked Mr. Iuliano to pay $185,000. A week ago, DEP officials contacted him and asked if he would pay a $95,000 fine, Mr. Iuliano said.

"I am not going to pay," he said adding, "I'd rather close down."

He said, "They want to close me down."

The violations cited by DEP are:

Allowing a concrete truck to deposit residual washout material on the ground;

Allowing storm water to come into contact with material at the crushing operation;

Allowing storm water from an oil-water separator to be discharged to the ground;

Operating a solid waste processing facility without a permit;

Manufacturing landfill cover that contained less than 1 percent to 2 percent asphalt emulsion;

Failing to mark a hazardous waste accumulation area;

Breaching a berm that resulted in fill discharging to a wetland;

Accepting catch basin cleanings without a solid waste facility permit, and

Failing to store petroleum-contaminated soil properly.

None of the alleged violations threatens human health, he noted.

The most egregious allegation, Mr. Iuliano said, involves the process AMREC uses to manufacture landfill cover, using recycled asphalt.

AMREC, an asphalt recycler, uses a combination of "virgin" asphalt emulsion and recycled asphalt, such as crushed asphalt shingles. The end product is used as a landfill cover.

But Mr. Iuliano said that the DEP, in an Aug. 19, 2004, inspection report, acknowledged the process AMREC used and approved it. The same report acknowledged AMREC's asphalt, brick and concrete operation and found no violations.

In response to the other charges, Mr. Iuliano said cement trucks are routinely allowed to wash their tanks on a concrete slab, not the ground. He denies allowing storm water from an oil-water separator to discharge.

In addition, he said he has a permit from the DEP for processing asphalt, concrete and brick. He said his operation was in business before that permit was required and the DEP did not notify him. DEP officials told him it was not up to them to notify him of the new requirement.

As for failure to mark a hazardous waste area, Mr. Iuliano was incredulous.

"A $1,000 fine for having a faded yellow line in front of a 275-gallon waste oil tank. It was there."

The berm breach occurred after heavy flooding in October 2005. The damage has since been repaired.

Mr. Iuliano acknowledged an error in accepting catch basin cleanings.

"It was my fault," he said.

He blamed convoluted DEP regulation language as a contributing factor in the violation.

The allegation that AMREC failed to store petroleum-contaminated soil properly resulted after one of the trucks that was dumping soil into bins accidentally fell on the ground, he said.

"We were working on it. The truck dumped into the bins and we pushed it in. Most of the truck load went into the bins, but some fell on the ground," he said.

Mr. Iuliano is the former owner and operator of a Maryland recycling company, Clean Rock Industries of Hagerstown. He owned that company from 1991 to 1999. He purchased AMREC in 2001.

"I never had a violation before. I did $50 million (business) in Maryland without a single violation for the way my facility was run. We processed over a million tons of material," he said.

A DEP spokesman recently said the agency does not comment on negotiations regarding fines it levies.

ART: PHOTO

CUTLINE: Mr. Iuliano