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DEM gives TLA Pond View deadline for city compliance

posted Aug 18, 2011 5:29 AM by BHR Civic Group   [ updated Aug 18, 2011 5:30 AM ]

EAST PROVIDENCE - In a certified letter addressed July 26, the Rhode Island Department of Environmental Management put TLA Pond View Regional Vice President Jack Walsh on notice of new legislation that specifically applies to his business at 1 Dexter Road. The letter is signed by Laurie A. Grandchamp, a supervising engineer at the office of waste management who oversaw a well-attended public comment period regarding the facility held at the Weaver Library last year.

The letter says the facility cannot operate unless it has received a letter of compliance from the city stating that all applicable zoning requirements and local ordinances of the host municipality have been met. This proof of compliance must be issued from city manager with city council approval.

“In accordance with the above, please submit a letter of compliance from the City of East Providence verifying that all applicable zoning requirements and local ordinances have been complied with.” (That letter must be submitted to the DEM Office of Waste Management by Oct. 31.)

Given that the city’s zoning office recently slapped TLA Pond View with a cease and desist order, it is unlikely a letter of compliance is in the works (see sidebar). When asked Tuesday morning if he had received a letter regarding compliance from the city, Mr. Walsh said he was unhappy with a recent letter published in The Post that was critical of him and his business and that he had no comment.

Letter of non-compliance

In July, the East Providence City Council debated issuing a letter of non-compliance to TLA Pond View. They voted 3 to 2 to have Acting City Manager Orlando Andreoni draw up and evaluate the letter. Assistant Mayor Thomas Rose Jr. and Mayor Bruce Rogers voted against this, saying the issue was premature given the cease and desist order issued against the facility from the zoning office.

Mr. Andreoni has been unavailable for comment due to health issues, according to Mayor Rogers. Mayor Rogers said he instructed Assistant City Solicitor Robert Craven to go forward with the letter. On Tuesday, Mr. Craven said it was the opinion of Robin Main – special legal counsel for the city’s TLA Pond View dealings – and Assistant Solicitor Gina DiCenso that the letter not be sent.

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“There are valid legal reasons that I agree with. It would be to the benefit of the city and its pursuit of compliance in remedying this nuisance issue,” Mr. Craven said.

Mr. Craven said he believes the letter will be placed back on the city council’s agenda after TLA Pond View’s zoning board hearing is complete.

TLA Pond View appeal to be heard Sept. 15

An appeal of a cease and desist order issued against TLA Pond View by city zoning enforcement officer Edward Pimentel will be heard on Thursday night, Sept. 15.

Mr. Pimentel said an appeal was filed after his order was issued in late May. The order called on TLA Pond View to stop any “operational activity” and “open storage” located outside its pad-site, cease from the acceptance of unapproved – non-wood – materials such as miscellaneous metals, rock concrete, cinder/concrete block, stone brick, aggregate and mortar, street sweepings and cease from any further expansion beyond the 150 ton per day limit granted to the facility under its initial 1998 variance, among other orders.

Mr. Pimentel said the appeal with be heard by the city’s zoning board, who will sit that night as an appellate board.

The meeting will be held from the city council chamber at city hall beginning at 7 p.m.

http://www.eastbayri.com/detail/145428.html