Site Ready’s conduct, the town claims, “constitutes a threat to public health, safety, and the general welfare of the citizens of the Town of Tiverton.”
The lawsuit seeks a preliminary and permanent injunction that will stop certain activities, and also a declaration by the court (a declaratory judgment) that those activities are prohibited by town ordinances.
The town asks the court to impose penalties against Site Ready of up to $500 per day for each violation the company is accused of having committed.
The town claims that Site Ready is engaging in trash recycling and transfer, and the composting of yard waste, both of which it obtains from the City of Fall River.
Composting and recycling activities require a special use permit, says the town, which Site Ready does not have and has never sought.
The town notes that Site Ready is asking the planning board to approve an expansion of recycling activities that Site Ready is already conducting, without the permit the town says it needs.
The town says Site Ready is also blasting, quarrying or mining for sand, gravel, rock, or minerals, activities which it says are prohibited by town ordinances.
The lawsuit notes that these various prohibited activities also take place within the Stafford Pond watershed, and that Stafford Pond “is the sole source of potable water for many of the Town’s residents.”
Asked for comment, Eric Brainsky, Site Ready’s lawyer, said he had not received papers regarding the lawsuit, and could not comment.
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