TLA/Pond View Informs City It Could Face Legal Action--UPDATED
Councilman William Conley responded that he thought the letter was a "baseless and a rather ruthless attempt to keep a public official from meeting his obligation to protect the safety and welfare of city residents."
TLA/Pond View has sent a letter to the city's zoning official Ed Pimental indicating that he could personally face legal action along with the city for what the company's attorney describes as "this pattern of harassing and baseless actions by the city."
The letter is the latest legal development in a dispute that has gone on for more than a decade between the company on Dexter Road and Rumford residents who live across Omega Pond from the facility.
Neighbors have long complained of dust, odor and noise from the facility and opposed the expansion of the company's operations, which the Rhode Island Department of Environmental Management recently allowed to proceed, with conditions.
Attorney Kevin J. Bristow wrote in the May 25 letter that he understood that the city planned to issue the company a cease and desist order, based on the argument that the company received in 1998 is no longer intact.
But Bristow argued that TLA/Pond View has received no formal notification of the basis for the enforcement and that the company has complied with the requirements of the variance.
Bristow also argued that a lawsuit the city filed against Pond View in 2005 alleging that the company was violating the city's zoning ordinances was dismissed by a Superior Court judge.
"Finally, let this correspondence serve as notice that TLA-Pond View, a lawful, tax-paying entity with a long history of compliance with both state and local regulations, will no longer allow itself to be the victim of malicious, selective, and/or politically motivated enforcement actions," Bristow continued.
He also said that the latest lawsuit the city filed against Pond View in November 2010 had also been dismissed be a judge. He informed Pimental that if he issued a "legally frivolous" notice of violation and/or a cease and desist order, the company would hold Pimental and the city legally responsible.
He added that he had been advised by TLA/Pond View to prepare a federal civil rights lawsuit against the city and Pimental "in anticipation of the continuation of this pattern of harassing and baseless actions by the city."
Councilman William Conley, who has been a strong supporter of Rumford residents who have opposed the expansion of the company's operations, said, "I really believe that this is a baseless and a rather ruthless attempt to keep a public official from meeting his obligation to protect the safety and welfare of city residents."
Jack Walsh, regional vice president for the company, could not immediately be reached for comment, nor could Pimental.
Over objections from many Rumford residents, RI DEM recently granted the company permission to expand operations, with some conditions related to the neighbors concerns.
RIDEM also informed the city that some of the matters people complained about were not the agency's jurisdiction, and that it was up to the city to enforce its zoning laws. The city has appealed the expansion decision.
Laure
2:20 pm on Friday, May 27, 2011
So TLA/Pond View is using their lawyers to threaten people now? Are they hoping if they threaten the zoning officer then he just won't do his job? Meanwhile any other company that does not have millions to spend on legal fees would still be subject to the city's zoning laws... They have money so they think they can get around the law.
Rumford Resident
2:35 pm on Friday, May 27, 2011
Sounds more like a desperate company who knows the jig is up.
300 pages of complaints with the DEM. You can’t get people in EP to run in lock step like that unless it was true.
Thank you to Jo Ann Durfee, Ken Schneider, and Bill Conley, as well Rep Daponte and Sen Melo. You have all performed a public service, and generations will realize what a positive impact you have had on our city by not allowing this company and its minions (including the 'mayor') to threaten us into allowing their filth to continue to plague the air and water (and residential property values).
A few basic questions:
1. Why did they leave Rehoboth for EP years ago?
2. Who was on the zoning back then? Were any favors granted?
Can anyone fill in the blanks?
Ken Schneider
9:51 pm on Friday, May 27, 2011
When Foney and Walsh said how much Pond View contributes to the city, I think they left out how much they support the lawyers. Bill Miaia (the rumford attorney) made lots of money from Pond View. Now it's Bristow and his crowd making lots of money off the dump. Bristow must go to sleep at night and say a little prayer for Pond View. We are glad to have Bill Conley and Robin Main on the good side.
To answer Rumford Resident, Pond View left MA cause their laws were too strict for a dump like Pond View. East Providence has very poor zoning but it is improving with the waterfront commission. Back in 1997, Chris Morra was the chair of the Zoning Board of review. We had begged him then not to grant PV any variances. Little did we know that Morra was buddies with Foney. They both live in Rehoboth now and you gotta pity those folks !!!! Foney was soundly defeated in the last election but being a sore loser as he is he can't just go to his corner and cry. He continues to try to smear the name of the guy that beat him in the election. Typical reactions from a loser!!!
Harley
7:38 am on Saturday, May 28, 2011
TLA was in the city of Pawtucket at one time...does anyone know why they were thrown out of the city of Pawtucket?
lets take a vote
9:55 pm on Friday, May 27, 2011
All the documented evidence over the years the residents have captured on video and film that dem and the city have blaighently ignored will be tolerated by the three hundred + tax paying citizens that have complained about this ongoing neucence FOR YEARS!
If this company was not good enough for rehoboth and the people there did not want them how the heck were they allowed here?
The only awnser to that question is politics. There is no other awnser. 95 percent of the people in 1998 opposed the city letting them open their wood chipping business that has evolved into transfer station, concrete grinding facility, and most recently a demolition site for mobile homes. Mobile homes contain hazzardous materials and should not be pulverised in our back yards.
Residents are also complaining of decreased property values for good reason. To sell a house in proximity to pond view it must be disclosed in the listing. Who will compensate the seller for the devaluation? The city? Pond view? I dont think so. The residents were not warned about this.
Pond view is breaking city law period end of story. Why wont our city enforce its own laws?
Are they scared of pond views threats? Whats next will they be taking our municipal trash contract?
Move on
7:03 am on Saturday, May 28, 2011
I could not care less how much Pond View's lawyers are making, I only care about how much Robin Main (who works for the most expensive law firm in the state) is making from the City. We already have three solicitors on our payroll -- let's add more! I was behind the residents of Rumford until I learned some basic facts. DEM has found no violations of this facility in 62 separate spot checks. You think they are being pressured? Nonsense. Two Superior Court judges threw out lawsuits brought by the City and has ruled no zoning probs. I suppose they are being influenced too. I followed the Pond View updates on the City's website. The City has sent cops out to enforce traffic issues against PV and cops indicated they have been cooperative and compliant. Maybe the cops are being pressured too. I've come to realize that the only ones being pressured here are the City officials by Rumford contingent. Guess what -- the City has other residents too and we'd like what's left of our resources to go to our schools, roads and city services.
Rumford Resident
9:04 am on Saturday, May 28, 2011
Hundreds of pages of testimony of people who can't open their windows, sit outside, have a cook out. They are all making this stuff up?
DEM didn't find proof? The same government that allowed restaurants to serve sushi with mouse droppings is the same government that runs DEM.
Sorry 'Move on', but the truth is, Pondview is a nuisance and has no business doing what they are doing in a RESIDENTIAL area.
If they want to build a big warehouse and do this in doors, or move to Quonset, then no one would have a problem with the company.
If they want to continue to polute the air and water near a neighborhood, school, and playground, then it is this city's job to hire a lawyer and manage them for the citizens of Rumford.
Nice try at defending the company. But it won't convince the ones who are living it every day.
Harley
7:26 am on Saturday, May 28, 2011
One would have to take a closer look at the letter hand delivered to Mr. Pimental by Kevin J. Bristow office.
Take note that Bristow states" that TLA can manage solid waste." After reading their application and the license they applied for at DEM it stated they were a C&D facility based on that DEM granted them a new license. They did not grant them a license for solid waste. So should DEM pull their license???
While our senator and representatives are working hard to pass bills limiting the amount of tonage, I do believe a representative who is co-sponsoring one of the bills that has not passed yet is NOT in favor of this bill. He stated to a resident recently" that he knows of no breach of code violations at TLA."
Can anyone guess who this representative is in our ward?? I will give you a hint he considers himself good looking and is totally in love with himself!
Arthur Dolloff
11:16 am on Saturday, May 28, 2011
Well the battle continues.
More comments and no facts, just baseless accusations by disgruntled residents.
Let’s stop the waste or financial resources and get some evidence that will be validated. If any exists.
As a point of fact (drive through the area and see for yourself) there are several business in the industrial area in question that can emit some pretty noxious odors, a heating oil storage facility (venting odors when filling tanks), a portable waste unit facility (sanitary toilets), self explanatory, a propane transfer station (again venting issues), a fuel transfer station (tank truck filling) again a venting issue. And also a couple of plastics manufacturing factories.
There may be valid issues the residents have, however blaming one company that seems to be within its rights seems to be a huge waste of time and resources.