NEW: DEM Files Complaint Against East Providence Company
Thursday, January 05, 2012
Earlier today, the Department of Environmental Management filed a Verified Complaint for Injunctive and Declaratory Relief in Providence Superior Court against the TLA-Providence, LLC “Pond View” construction and demolition debris processing facility. The Complaint seeks to enjoin the facility from operating until such time that the facility can produce a letter of compliance from the City of East Providence as required under the recently enacted amendments to the Refuse Disposal Act. The facility is located at One Dexter Road in East Providence, Rhode Island.
The relief is being sought pursuant to the Refuse Disposal Act under RI General Laws § 23-18.9-8. The Act was amended on July 1, 2011 and stipulates that “[n]o construction and demolition debris processing facility shall be issued a license or be able to operate unless it has (1) [r]eceived a letter of compliance from the host municipality that all applicable zoning requirements and local ordinances of the host municipality have been complied with.” DEM issued a letter to TLA on July 26, 2011, indicating that the recently-enacted statutory provisions applied to facilities such as the one owned by TLA and requesting that TLA provide the Department with the requisite “letter of compliance” no later than October 31, 2011. A Notice of Intent to Suspend the License was issued on December 14, 2011. To date, TLA has failed to provide the requisite letter.
In addition, Section 2 of the amended statute provides that the Act shall apply “to any and all solid waste management facilities or construction and demolition debris facility licenses not yet granted or under appeal at the time of passage.” The license issued to TLA-Providence, LLC was under appeal at DEM’s Administrative Adjudication Division at the time of the statute’s enactment, and therefore the newly-enacted amendment applies to TLA.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTIf the DEM’s request for injunctive and declaratory relief is granted by the Superior Court, TLA’s license to operate the Pond View facility would be immediately suspended. TLA would also be required to immediately cease the acceptance of all construction and demolition debris at the facility and to remove all construction and demolition debris from the facility within
14 days for disposal at a licensed solid waste management disposal facility or processing at a licensed construction and demolition debris processing facility. Lastly, if TLA fails to obtain a letter of compliance prior to the expiration of its current license, it will be forced to comply with the DEM-approved Closure Plan upon the expiration of the license.
A hearing on the Complaint has been scheduled on the Formal and Special Cause Calendar for Monday, January 23 in Providence Superior Court.
