A Northern Kentucky state legislator has introduced two house bills that would affect recycling facilities in the state—including River Metals Recycling in Newport.
House Bill 197 would require a notice of violation to be sent to the local governing body where the facility is located. House Bill 91 would require the Kentucky Energy and Environment Cabinet to promote administrative regulations to implement a program to control explosions and combustion events at metal recycling facilities.
Both bills were introduced by Representative Rachel Roberts (D-Newport.) Neither bill has yet to be assigned to a committee.
“I live in Newport and have been aware of citizen concerns around a local recycling facility for several years,” Roberts told LINK nky. “Many stakeholders have been working on various solutions, and the provisions in these bills are a direct result of constituent and local government requests.”
HB 197 has received co-sponsorship from Representative Chad Aull (D-Lexington), Representative Kim Moser (R-Taylor Mill) and Representative Stephanie Dietz (R-Edgewood.)
HB 91 has yet to receive a co-sponsor.
“The bill that seems to have gained some support is HB 197,” Roberts said. “This bill requires that within seven days of issuing a notice of violation to a recycling facility for a violation, the cabinet shall send a copy of the notice of the violation to the chief executive officer of the local government where the facility is located.”
Currently, a violation can occur, and local governments may not be made aware. This way, localities will be alerted and can stay better updated on any infractions or concerns.”
The bills have received local support from Newport residents, Newport government officials and the Northern Kentucky Sierra Club, which promotes public awareness of environmental issues in an area.
“It shows movement in the right direction towards a Kentucky that will be more environmentally sensitive, I’m hoping, and it shows that potentially the state legislators are beginning to focus on the regulatory processes that should be happening, I believe when it comes to environmental issues,” Newport Commissioner Ken Rechtin said.
Rechtin and other Newport residents, mainly those involved in the Clifton Neighborhood Association, have been engaged in Campbell County District Court hearings that have been ongoing since January 2021 involving River Metals Recycling, known locally as RMR. Those court dates regard noise complaints, but those involved have also begun air quality and soil testing due to environmental concerns from the recycling facility.
Newport resident and Chair of the RMR Citizen’s Group Annette Kitchen wrote to representatives Moser, Dietz and Mike Clines (R-Fort Thomas), asking them to support HB 197 and HB 91.
“What occurs is River Metals Recycling neglects to remove inflammables (this can be propane canisters, gas tanks, or even flammable fluid residue on scrap metal) prior to intake into the hammermill shredder,” Kitchen said in her email of support.
Kitchen continued in her email that the explosions are so severe that homes “physically shake, resulting in items falling off walls being destroyed, ground movement felt when walking, walls cracked, windows broken, fireballs escaping, residents startled and scared (many awoke from sleep with RMR operating in wee hours) in fear their home is collapsing, particulate matter escaping into the environment, obnoxious smells, colored clouds of matter cascading throughout NKY region post explosions with prevailing winds, etc.”
Kitchen said the President of Skypoint Luxury Condominium Association (located on Main Street in Newport) sent emails to legislators on behalf of their 45 residents, the President of Clifton Neighborhood Association sent emails on behalf of the Clifton Neighborhood, and she was individually copied on and informed of other Newport residents’ emails of support.
She said they also received support from the Kentucky Conservation Committee in helping residents with language in their email blasts.
“The Northern Kentucky group of the Sierra Club does support these two bills, and we’re asking the Kentucky chapter to do so as well,” NKY Sierra Club Chair John Robbins said.
Robbins said the Kentucky Conservation Committee advises Sierra Club’s Kentucky chapter on which bills to support or oppose.
Relating to HB 197, Rechtin said one of the things that they found out early in the process was that the state institutions had no responsibility and no requirement to notify local jurisdictions when a local polluter violated a pollution permit. He said he believed it was appropriate for the city to be informed to take the necessary actions to protect its citizens.
Rechtin said that had a major impact on him.
He contacted the Kentucky League of Cities, which provides cities, leaders, and employees with legislative advocacy, legal services, community consulting, training and online training, policy development and research.
Kentucky League of Cities unanimously voted to put the item on its legislative agenda.
Before the Kentucky League of Cities involvement, Rechtin said he had been writing to other Kentucky legislators about the issues with RMR.
“I had conversations with Rachel (Rep. Roberts) about it as well, so we were all very excited to see her effort,” he said.
