01:00 AM EST on Friday, December 7, 2007

By Maria Armental

Journal Staff Writer

CHARLESTOWN — The case against a Charlestown gravel company and its owners charged with solid waste violations was postponed yesterday to Dec. 18.

Shoreline Gravel Co., and its president and vice president of record — John F. Smith, 62, of 50 Pietila Road, and his son, Jonathan L. Smith, 27, of 60 Narrow Lane — face two felony charges for allegedly operating a solid waste facility without a license between Nov. 30 and Dec. 12, 2006, and disposing of solid waste at an unlicensed facility on Nov. 30, 2006.

They have pleaded not guilty and are free on bail.

Personal recognizance bail was set at $10,000 each for the father and son.

Jonathan Smith has also signed a waiver of extradition, allowing him to travel out of state while the case is pending.

The state Department of Environmental Management received a complaint on Nov. 29, 2006 about construction demolition debris being dumped at 60A Narrow Lane, which according to town records belongs to Shoreline Gravel Co.

The complainant also said the company’s dump trucks were being used to transport the debris, according to Kurt A. Schatz, chief of the DEM’s office of criminal investigation.

“The C&D [construction and demolition debris] reportedly was the result of five houses demolished by Shoreline Gravel Co. for a planned housing development located on Carolina Back Road,” according to a policy report.

The DEM executed a search warrant at 60A Narrow Lane on Dec. 12, 2006, and found 549 cubic yards of solid waste.

Schartz said that Jonathan Smith stated the debris was being temporarily stored at the site “due to problems he and his father were having with Charlestown town officials regarding the disposal of the C&D debris.”

The rubble, Smith said, was to be taken to the state Central Landfill, in Johnston.

According to Schartz’s investigation, town Building Official John Matuza had asked the Smiths in early 2006 “to tear down 5 or 6 houses that were unoccupied and proved a potential danger at Carolina Farms.”

Charlestown Fire District Chief Donald Rathbone told Schartz that John Smith had approached him around February 2006 asking if the department would burn the buildings for training purposes.

“Chief Rathbone inspected the houses at Carolina Back Road and declined to burn them due to the amount of various wastes contained within the house,” Schartz said.

After demolishing the buildings, Smith asked the department to burn the piled debris, but the DEM said it couldn’t be done for safety reasons.

marmenta@projo.com