DEM Files Violation Against TLA/Pond View With Superior Court

The Department of Environmental Management (DEM) filed a complaint for "injunctive and declaratory relief" against TLA/Pond View with Providence Superior Court on Thursday.

Under the Refuse Disposal Act, officials ask that the Dexter Road facility be shut down until city officials approve a letter of compliance. According to Zoning Officer Edward Pimental, the recycling facility has been in violation of a city zoning variance that restricts the facility's processing capacity to 150 tons per day. (See the attached .pdf for the most recent resolution made by the city council regarding TLA/Pond View.)

If the DEM’s request is granted in Superior Court, TLA/Pond View's license to operate 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, according to DEM.

But Jack Walsh, regional vice present of TLA/Pond View, is confident his business with a roster of 50 will come out on top. 

"We have the right zoning for what we do," he said.

Moreover, the city could be on the hook for thousands of dollars in legal fees if their case is upheld in court, he said. In 2005, he said, TLA/Pond View was victorious in court. He thinks city councilors and the zoning officer are unjust; their decisions are swayed by a small but vocal populace.

"This city has far greater problems than they have with us," Walsh said, noting the business has never been convicted of environmental or health violations. "We pay our taxes on time, employ a bunch of people that work at our site... The only outstanding issue is the notice of violation."

A hearing has been scheduled for Monday, Jan. 23, in Providence Superior Court.