Rhode Island Attorney General Patrick C. Lynch and the City of East Providence have petitioned a court to withdraw the operating permit of an East Providence solid waste management company.

They filed legal action earlier this week in Superior Court against TLA Providence LLC, which runs a company near a residential neighborhood in Rumford and the state's Department of Environmental Management.

The legal action is asking a judge to order RIDEM to withdraw the TLA/Pond View's current permit because they argue it is operating without required certificates from the city and the state.

Lynch and the city are also asking a Superior Court judge to stop RIDEM's stated intention to issue another solid waste disposal permit to TLA Providence LLC.  

The company has an application pending with RIDEM to triple the amount of solid waste the company is allowed to process from 500 to 1,500 tons per day.

Lynch and the city argue that TLA did not submit these certificates with its application to RIDEM. The public comment on the application ended today.

Some neighbors and city officials also oppose the expansion.

"Councilman {Robert} Cusack and I committed to the people of Ward One that we would do everything possible to stop the expansion before we left office," said outgoing Mayor Joseph Larisa Jr. of the legal complaint, which he signed.

He said the city had been working with the Attorney General's office on the complaint since what he described as a favorable Rhode Island Supreme Court decision.

Pointing to the Supreme Court decision, the city and the Attorney General's office argue in the petition that state law requires that the company also obtain approval from the city of East Providence and the State Planning Council before it can expand the facility.

The matter will now be in the hands of the incoming council, Larisa said. William J. Conley Jr., who defeated Larisa for the council-at-large seat, could not be reached for comment Wednesday. 

Terry Tierney, an attorney from Lynch's office who has been working on the issue, declined comment today.

Gail Mastrati, a spokeswoman for RIDEM, confirmed that the office received the lawsuit Tuesday. She declined to comment on how the filing of the lawsuit could affect the timeline of DEM's consideration of TLA/Pond View's application.

Jo-Ann Durfee, whose back windows face TLA/Pond View across the Omega Pond, described the legal action as "good news for the neighborhood."

"But let's not celebrate yet, we still have a long way to go," she continued.

In a recent interview, she argued that the quality of life and health of neighbors who live near the plant is being compromised.

She pointed to photos of dust piled on the Omega Pond when it froze, which she thinks came from TLA/Pond View.

"If that's the dust you can sweep up, can you imagine what's going through the air in the summer?" Durfee asked.