NORTH KINGSTOWN, R.I. (WPRI) — Three North Kingstown residents are suing a nearby asphalt plant in connection with an overpowering odor that’s been emanating from the facility into their neighborhood.

The class-action lawsuit, filed last week by Vanessa Mascaro, Russell Botvin and Josh Oleson, accuses Bitumar of failing to control the “noxious emissions” coming from its asphalt plant on Compass Circle.

The Canada-based company began operations at its asphalt processing facility in the Davisville section of Quonset Business Park last year.

The lawsuit states Bitumar’s plant “receives, heats, processes, transfers and distributes solid and liquid asphalt.” Bitumar also has a natural gas-powered boiler and asphalt heater, which melts down hardened asphalt into a liquid and pumps it into mobile trucks to be transported for paving projects across the state, according to the lawsuit.

“Paving material produced and processed at [Bitumar’s] facility consists of liquid asphalt which has petroleum or petroleum-like material containing sulfides and/or hydrocarbons that are known to produce odors which have a characteristic smell,” the lawsuit explains.

RELATED: North Kingstown asphalt company fined $8K+ for persistent odor

The lawsuit notes that asphalt paving operations “may generate volatile organic compounds as as result of evaporation of or diluents used to liquify the asphalt, and may also generate pollutants such as nitrogen oxides and sulfur dioxide through its asphalt heating operations.”

Bitumar’s operations require storing and handling substantial amounts of asphalt and other “highly odiferous materials,” per the lawsuit. The lawsuit emphasizes that Bitumar is responsible for mitigating, preventing, capturing and destroying odors produced within the facility by using the proper equipment, handling procedures and storage.

“[Bitumar] failed to install and maintain adequate technology to properly control its emissions of noxious odors, including but not limited to the operation of various equipment to receive, heat, and transfer liquid asphalt without proper odor control equipment,” the lawsuit continues.

The lawsuit also accuses Bitumar of not following proper industrial practices to prevent offsite noxious odors “from invading the homes and property” of the residents who live nearby, which includes Mascaro, Botvin and Oleson.

In a statement to 12 News, the DEM said it has received 185 odor complaints involving Bitumar’s asphalt plant since July 1. The lawsuit also notes 164 odor complaints pertaining to “strong asphalt fumes” coming from Bitumar’s facility dating back to March 26.

“I had my windows open to get some fresh air but instead I smell a strong smell of asphalt,” one resident told the DEM on April 10.

“I smelled the odor when I went out back to plant some flowers,” another resident reported in a complaint on May 21. “The odor was too strong and I had to come back inside.”

In another complaint from June 17, a resident expressed frustration about the odors permeating the house.

“I was trying to go to sleep, however, the horrible smell of Bitumar was so bad I could not get to sleep,” the resident’s complaint reads. “This has to got to stop.”

MORE: Residents blame North Kingstown asphalt plant for persistent odor

In total, the lawsuit states 54 households that live near the asphalt plant have reached out to Bitumar’s legal counsel regarding the odors.

Mascaro and Botvin have specifically told Bitumar’s legal counsel that they have to keep their windows closed and are unable to enjoy using their yards, per the lawsuit.

Meanwhile, Oleson reported submitting more than 70 odor complaints to the DEM and other entities regarding the “horrible chemical and asphalt smell from the Bitumar facility.”

“I am a disabled veteran and my wife is a cancer patient and we have no idea what the effects of these odors have on u,” Oleson told Bitumar’s legal counsel. “We are unable to enjoy our home, open the windows, or do any outdoor activities due to the constant smell. Our home is less than a half mile from the Bitumar facility and the dozens of asphalt chemical train cars. It is unfair to all of the established residents.”

This comes three months after the Rhode Island Department of Environmental Management fined Bitumar more than $8,000 for not controlling the persistent odors. The DEM also gave Bitumar 60 days to come up with an odor mitigation plan.

Despite the DEM’s order, the lawsuit notes that Bitumar is still emitting “noxious odors that are detectable outside the bounds of its property.”

The residents are suing Bitumar for negligence, as well as for being a public and private nuisance. The lawsuit seeks compensatory damages for more than the 2,000 impacted homeowners and renters who live near the asphalt plant.

In a statement to 12 News, Botvin explained that residents have felt unheard and have faced continued pushback from Bitumar’s legal counsel regarding their complaints.

“This class action gives us an opportunity to seek accountability, address serious health concerns and the impact on our neighborhood, and pursue a meaningful solution,” Botvin said, adding that this lawsuit gives residents “a voice.”

North Kingstown Town Manager Ralph Mollis told 12 News the asphalt plant was originally supposed to be constructed deeper into Quonset Business Park. Mollis acknowledged that the change in location “seems to have had a lot of impacts on residents.”

Mollis said the town has met with Bitumar several times. He added that Bitumar has communicated that changes will be made by the end of the month to keep the odors at bay.

“[Bitumar has] been getting back to us, letting us know exactly what equipment is being ordered, how it’s going to mitigate the odor and when it’s being installed,” Mollis explained.

Though he expects Bitumar to keep its promise, Mollis said the town plans to take legal action against the asphalt company if it doesn’t follow through.

12 News reached out to Bitumar regarding the lawsuit but has not yet heard back. But the lawsuit includes a letter Bitumar sent to the North Kingstown Town Council regarding residents’ concerns, which confirms it is aware of the ongoing odor issue and is working to address it.

“We have undertaken a review of the concerns raised and have engaged qualified environmental professionals with experience in odor assessment and industrial operations to assist in reviewing available information,” Bitumar wrote. “The review includes observation and evaluation activities conducted at different times and under varying conditions.”

“This process is ongoing and is intended to gather and review relevant information over time to better understand the circumstances associated with the concerns that have been raised,” the letter continues. “In the meantime, we have implemented certain operational measures to minimize odor which we have discussed with the DEM.”

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