State - Cease and Desist RES (Pondview) Operations

In a certified letter sent to RES owner Ken Foley, the Rhode Island Department of Environmental Management has said RES must "immediately cease accepting and processing construction and demolition debris..." The July 15, 2015 letter was signed by department Supervising Engineer, Laurie Grandchamp. "The Department's Administrative Adjudication Division rendered a decision dated July 9, 2015 in regards to the Notice of Revocation issued to Railside Environmental Services (RES) on February 5, 2015. In the Decision and Order, the Hearing Officer sustained and upheld the Department's letter revoking RES's registration. As a result, RES must adhere to the closure in accordance with the approved Closure Plan," said the RIDEM letter that the Reporter has been provided. Although RES has been ordered to close its outdoor operation based on a Hearing Officer's ruling, it is assumed that RES will appeal legally.

"Please be aware, any closure activity that deviates from the previously approved closure plan shall be submitted in writing, and written approval from the Department shall be obtained prior to implementation. Once the closure plan is fully implemented, the Department shall be notified so that an inspection may be conducted by Department personnel. Lastly, a professional

engineer registered in the State of Rhode Island must certify that the facility is properly closed in accordance with the approved closure plan," wrote the State engineer for the DEM. The letter was also sent to various state officials and attorneys.

In a matter which related to a February 5th, 2015 ruling by and was appealed by RES, Hearing Officer David Kerins on a Motion for Summary Judgment filed by the RIDEM, the following conclusion was reached: "The issue of the revocation of RES' s Registration is simple. The enactment of the Refuse Disposal Act eliminated the option of registration to RES as well as all other former Registration holders. The effect of the legislation is to restrict DEM's authority to issue only licenses for C & D operators and not registrations. There is no room in this analysis for consideration of the individual zoning status of former registration holders. Registration is no longer allowed for parties wishing to operate a C & D facility and DEM is entitled to the entry of a Summary Judgment as a matter of Law."