UPDATED: RI Lawmakers Pass Legislation to Restrict Construction, Demolition Operations Near Residential Neighborhoods

State lawmakers have passed legislation sought by many Rumford residents that would require the operators of construction and debris demolition facilities located near residential neighborhoods around Rhode Island to get clearance from the municipalities where they operate.

The legislation, which was sponsored by Rep. Helio Melo, Rep. John A. Savage, Rep. Christopher R. Blazejewski, Rep. Roberto DaSilva and Rep. Mary Messier, also says the facilities would not be able to process more than 150 tons of waste per day if residents within a 1,000-foot radius object. 

The measure passed the House Wednesday.

A companion bill sponsored by state Sen. Daniel DaPonte, Sen, Frank A. DeVall Jr., Sen. Frank A. Ciccone III, Sen. Joshua Miller and Sen. V. Susan Sosnowski, . Gov. Lincoln Chafee would have to sign off on the legislation as well.

The measures were intended in part to help address concerns that some Rumford residents have long had about the operations of TLA/Pond View. East Providence and the company have been tied up in legal battles for more than a decade. 

"It's a landmark piece of legislation for protecting citizens throughout the state," said East Providence Councilman William Conley, who has worked on citizens' behalf on the issue. "It doesn't close the facility, but it limits it to 150 tons per day."

He said it's not uncommon in New England for residential neighborhoods to border industrial areas. 

Over the objections of some neighbors, operators of the construction and debris demolition facility got a variance in 1998 to operate near a residential neighborhood. Residents have long complained about how dust they believe comes from the facility could be impacting their health and about odors and truck traffic from the Dexter Road facility. 

TLA/Pond View representatives have said that the neighbors do not have scientific proof that the company is causing health problems and argue that the company does not have violations. 

In May, the Rhode Island Department of Environmental Management . That's ten times what the company was originally approved for. 

But RI DEM also noted in a news release that "many of the quality of life concerns raised by the residents, such as zoning, hours of operation, trucks, traffic hazards and noise are the City's responsibility to address through local ordinances, and are outside of DEM's legal authority."

After RI DEM's decision, an attorney for TLA/Pond View , Edward Pimental, stating that he could find himself subject personally to a federal civil rights lawsuit if he issued the company a cease-and-desist order. Pimental .  

Jack Walsh, a regional vice president for Transload America, did not respond to an email seeking a response to the passage of the legislation. 

The new legislation mandates that no construction and demolition debris facility can operate without receiving a letter from its host municipality that the company has complied with the city's zoning law. The company also has to receive approval from the municipality's mayor or city or town manager. 

The legislation also says that any construction and debris processing facility within 1,000 feet of a residential zone will not be allowed to accept more than 150 tons of waste per day if property owners in that radius file an objection.

Later changes to the legislation also added the ability for the company to appeal.  

Conley thanked DaPonte, Melo and the other members of the East Providence delegation who supported the legislation. He said he thought the legislation struck the proper balance between business and community interests.  

He anticipated that the city would continue with the enforcement of the zoning law and with other appeals related to the issue.

Provided the governor signs the legislation, the residents would "have some work to do" in terms of determining who lives within the 1,000-foot radius, Conley said. That information would then probably be filed with both RIDEM and the city, he said.