April 2012 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of April 2012. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

April 3, 2012 - Air File No. WP 12-04 re: Covalence Specialty Adhesives LLC for a facility located at 51 Ballou Boulevard in the town of Bristol. On May 12, 2009 the RIDEM issued a permit to the Respondent authorizing the emission of air pollutants from the facility. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the Respondent's failure to comply with its permit. The permit requires the Respondent to: ensure that volatile organic compound (VOC) emissions generated from the pressure sensitive tape and surface coating line be reduced by 96% or greater; ensure that the destruction efficiency of the thermal oxidizer for VOC be at least 96%; and shut down the coating line if a malfunction of the emission capture systems and/or thermal oxidizer results, or could result, in emissions in excess of the permit and continue to keep the coating line shut down until the malfunction has been corrected. On August 2, 2011 and October 24, 2011 the RIDEM received the results of stack testing conducted at the facility on June 8, 2011 and September 8, 2011, respectively. The results revealed that the thermal oxidizer achieved an average VOC destruction efficiency of 93.5% on June 8, 2011 and an average VOC destruction efficiency of 98.0% on September 8, 2011. The Respondent failed to shut down the coating line from June 8, 2011 through September 8, 2011. In the NOV, the OC&I assessed an administrative penalty of $7,500.00.

April 3, 2012 - Septic System File OWTS 12-33 and CI 10-132 re: Christine Adams for property located at 930 Mendon Road, Assessor's Plat 34, Lot 117 in the town of Cumberland. The property includes a residential dwelling and is owned by Future Properties, Inc. Future Properties, Inc. is listed as an inactive corporation in Rhode Island's Secretary of State's corporations database. The record lists Christine Adams as the president of the corporation. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On February 24, 2012 the OC&I inspected the property and documented the violation. On December 13, 2010 the OC&I issued an informal written notice to the former owner of the property for the violation. The notice required that specific actions be taken to correct the violation. The Respondent was copied on the notice as the real estate agent acting on behalf of the former owner. The Respondent subsequently took ownership of the property and continued to rent the property without taking action to comply with the notice. On March 12, 2012 the Respondent submitted an application to the RIDEM to repair the failed OWTS. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, correct any deficiencies in the repair application upon written notification of such by the RIDEM, and repair the OWTS in accordance with the approval issued by the RIDEM. The OC&I assessed an administrative penalty of $800.00.

April 3, 2012 - Septic System File OWTS 12-47 and CI 11-122 re: Lisa A. Grecer and Cole T. Grecer for property located at 1329 Diamond Hill Road, Assessor's Plat 18, Lot 697 in the town of Cumberland. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On September 21, 2011 the OC&I inspected the property and documented the violation. On December 15, 2011 the OC&I issued an informal written notice to the Respondents for the violation. The notice required that specific actions be taken to correct the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,000.00.

April 3, 2012 - Dam File No. 710 (Slocum Road Upper Dam) re: Maurice N. Klein and Kimberly Perry Klein for property located east of Slocum Road, east of the intersection of Slocum Road and Gladys Kenyon Road and southeast of the intersection of Slocum Road and Glen Hill Drive in the town of North Kingstown. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondents own the dam. The OC&I alleges that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on May 7, 2010. The inspection revealed the following conditions: vegetation on the upstream side, crest and downstream side of the embankment of the dam that did not allow a proper inspection to be performed; leaves and other debris on the top of the spillway culvert that did not allow a proper inspection to be performed; and an unknown operability of the spillway stop logs. The OC&I considers the dam unsafe because of the excessive vegetation, leaves and other debris that inhibits a proper inspection of the embankment and spillway culvert and the unknown operability of the spillway stop logs. In the NOV, the OC&I ordered the Respondents to clear the embankment and spillway culvert of vegetation, leaves and other debris, retain a professional engineer to inspect the dam (that must include an evaluation of the operability of the spillway stop logs), and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

April 6, 2012 - Septic System File OWTS 12-48 and CI 11-138 re: Bruce A. Coon and Joan L. Coon for property located at 14 North Main Street (also referred to as 14� and 14A North Main Street), Assessor's Plat 23, Lot 36 in the town of Westerly. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On October 21, 2011 the OC&I inspected the property and documented the violation. On October 24, 2011 the OC&I issued an informal written notice to the Respondents for the violation. The notice required that specific actions be taken to correct the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00.

April 6, 2012 - Septic System File OWTS 12-46 and CI 11-114 re: Mary E. Lafreniere for property located at 312 Ten Rod Road, Assessor's Plat 94, Lot 4 in the town of North Kingstown. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On September 2, 2011 the OC&I inspected the property and documented the violation. On September 7, 2011 the OC&I issued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00.

April 9, 2012 - Dam File No. 727 (Bowdish Lower Dam) re: Lynda Jean Marshall a/k/a Lynda J. Schmidt for property located south of Richardson Clearing Trail and north of S. Atlantic Avenue in the town of Glocester. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondents' failure to maintain the dam in a safe condition and failure to register the dam. The dam was inspected on October 19, 2009. The inspection revealed the following conditions: vegetation on the upstream side and downstream side of the embankment of the dam that did not allow a proper inspection to be performed; debris obstructing flow in the spillway; and an unknown operability of the low level gate. The OC&I considers the dam unsafe because of the excessive vegetation that inhibits a proper inspection, debris obstructing the flow in the spillway, and the unknown operability of the low level gate. On December 6, 2011 the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by December 26, 2011. Thus far, the Respondent has not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form, clear the embankment and spillway of vegetation and debris, retain a professional engineer to inspect the dam (that must include an evaluation of the operability of the low level gate), and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

April 11, 2012 - Septic System File OWTS 12-49 and CI 11-143 re: Nancy Moreno and Hector Figueroa for property located at 11 McClellan Street, Assessor's Plat 34, Lot 39 in the city of Providence. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On November 7, 2011 the OC&I inspected the property and documented the violation. On November 10, 2011 the OC&I issued an informal written notice to the Respondents for the violation. The notice required that specific actions be taken to correct the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00.

April 17, 2012 - Septic System File OWTS 12-8 and CI 11-161 re: John A. Florio Inter Vivos Trust and John A. Florio for property located at 44 Lake View Drive, Assessor's Parcel Identification No. CVB-010-000 in the town of Glocester. The property includes a residential dwelling and is owned by John A Florio Inter Vivos Trust. John A. Florio is the Trustee. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the pumping of sewage (with a portable pump) from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On December 22, 2011 the Glocester Police Department inspected the property in response to a complaint of sewage odors in the neighborhood. The officer observed a green garden hose extending from the OWTS to the surface of the ground, grayish color water flowing from the garden hose, a pump with an electrical cord connected to the garden hose, and odors associated with sewage in the area where the garden hose was discharging water to the surface of the ground. The officer observed Mr. Florio operating the pump and ordered him to stop. On February 17, 2012 the OC&I issued an informal written notice to Mr. Florio for the violation. The notice required that specific actions be taken to correct the violation. Thus far, the Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to cease pumping sewage from the OWTS to the surface of the ground, keep the OWTS pumped as often as necessary to prevent sewage overflows using a licensed septage hauler, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00.

April 17, 2012 - Underground Storage Tank File No. 2012-03818 re: Edgar Almeida for property located at 397 Dyer Avenue, Assessor's Plat 8, Lot 2647 in the city of Cranston. The property includes three underground storage tanks (USTs or tanks) used for the storage of petroleum products. New Property Solutions, LLC owns the property. New Property Solutions, LLC is listed as an inactive corporation in Rhode Island's Secretary of State's corporations database. Edgar Almeida was the sole member of the corporation. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the abandonment of the USTs and the failure to pay annual registration fees. The USTs were removed from service in or about September 2007; however, the USTs were not permanently closed in accordance with the UST Regulations. In addition, the Respondent has failed to pay the UST registration fees assessed by the RIDEM for 2009, 2010 and 2011. The RIDEM issued informal written notices to the Respondent or his agents on February 11, 2008, May 19, 2008 and September 8, 2011 for the violations. The Respondent failed to comply with the notices. On January 25, 2012 the RIDEM inspected the property. The hoses and nozzles were removed from the product dispensers and the USTs were not in use. In the NOV the OC&I ordered the Respondent to permanently close the USTs in accordance with the UST Regulations. The OC&I assessed an administrative penalty of $12,778.00, of which $5,278.00 are for the registration fees.

April 25, 2012 - Septic System File OWTS 12-50 and CI 11-148 re: Christopher Lage for property located at 15 Marigold Drive, Assessor's Plat 341, Lot 102 in the city of Warwick. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of laundry wastewater and wastewater from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On November 7, 2011 the OC&I inspected the property and documented the violations. On November 10, 2011 the OC&I issued an informal written notice to the Respondent for the violations. The notice required that specific actions be taken to correct the violations. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to permanently cease the discharge of laundry wastewater to the surface of the ground, keep the OWTS pumped as often as necessary to prevent wastewater overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $800.00.

Formal Enforcement Cases Settled or Resolved:

April 4, 2012 - Solid Waste File No. 09-038 re: Timpson Excavating, Inc. for property located at 94 Rose Hill Road in the town of South Kingstown. On January 11, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulation No.1, entitled "General Requirements". The violation pertained to the unauthorized disposal of solid waste and the unauthorized operation of a solid waste management facility without a license or approval from RIDEM. In the NOV, OC&I ordered the Respondent to remove and properly dispose of the waste. OC&I assessed an administrative penalty of $12,500.00. The Respondent filed an appeal of the NOV with AAD. A hearing was held on October 3, 2011. The Decision and Order issued by the AAD hearing officer vacated and dismissed the NOV. The hearing officer ruled that the OC&I had not proven that the Respondent had committed or was responsible for the violations alleged in the NOV. The hearing officer stated in his decision that the OC&I relied on a print out from the town of South Kingstown's tax assessor's database to determine that the Respondent was the owner of the property and that such a print-out is hearsay and is not admissible as it is not an official public document. The OC&I has filed an appeal of the ruling to Superior Court.

April 9, 2012 - Underground Storage Tank File Nos. 93-00721, 93-00720, 03-00720, 05-00720, 09-00720, and 10-00720 re: The Estate of Marjorie G. McGinnes, Clifford R. McGinnes, Sr., Clifford R. McGinnes, Jr., M & C Associates, LLC, Ballard's Service Center, Inc., and Marjorie G. McGinnes for properties located at 596 Corn Neck Road, Assessor's Plat 5, Lot 9 and Ocean Avenue, Assessor's Plat 6, Lot 35, both in the town of New Shoreham. The Ocean Avenue property included a former gasoline service station and the Corn Neck Road property includes a current gasoline service station (the facilities). The Estate of Marjorie McGinnes owns the properties. M & C Associates, LLC, Clifford R. McGinnes d/b/a Ballards Service Center, and Clifford R. McGinnes, Sr. are the current or former operators of the facilities. In June 1999 the gasoline service station at the Ocean Avenue property was permanently closed and the USTs were removed. On September 22, 1993, December 5, 2003, December 28, 2005, February 19, 2009 and February 18, 2011 the RIDEM issued a NOV (the 1993 NOV, the 2003 NOV, the 2005 NOV, the 2009 NOV and the 2011 NOV, respectively) to one or more of the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The 1993 NOV involved violations at both facilities. The 2003 NOV, the 2005 NOV, the 2009 NOV and the 2011 NOV involved violations at the Corn Neck Road facility. The violations pertained to, among other things, cathodic protection testing, testing and maintenance of leak detection equipment, inventory recordkeeping, continuous monitoring system (CMS) testing, proper maintenance of spill basins, proper labeling of fill ports, inspection of groundwater monitoring wells, and failure to submit self certification forms. In each NOV the RIDEM ordered the Respondents to comply with the UST Regulations and assessed an administrative penalty (collectively, the NOVs). The total penalties assessed in the NOVs were $74,229.00. The Respondents named in the 1993 NOV, the 2003 NOV, the 2005 NOV and the 2009 NOV failed to file an appeal of the NOV with AAD. The Respondents named in the 2011 NOV filed an appeal of the NOV with AAD. Prior to an administrative hearing on the 2011 NOV, the Respondents complied with the Order section of the 2011 NOV and completed a Supplemental Environmental Project (SEP) valued at $29,125.00. The SEP involved an upgrade to the tank instrumentation at the Corn Neck Road facility that is above and beyond what is required by law or the RIDEM's regulations. The OC&I and the Respondents executed a Consent Agreement to resolve the NOVs. The Respondents agreed to pay $10,000.00, which was paid upon execution of the Agreement.

April 9, 2012 - Air File No. 12-05 re: Blue Cross & Blue Shield of Rhode Island for its facility located at 500 Exchange Street in the city of Providence. On March 16, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violations pertained to the installation and operation of emergency generators at the facility without a permit from the RIDEM. On January 30, 2012, the RIDEM received minor source permit applications for one diesel-fired emergency generator and two natural gas-fired emergency generators at the facility. The diesel-fired generator has a 546 horsepower (HP) engine and the natural gas fired generators each have an 814 HP engine. The generators were installed on or about July 13, 2009. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $3,000.00. The Respondent paid the penalty in full, thereby resolving the NOV.

April 19, 2012 - Hazardous Waste File No. HW 2011-70 re: Fine Line Graphics, Inc. for a facility located at 90 Douglas Pike in the town of Smithfield. The facility is used for the manufacture of offset printing plates for sale and the operation of a photoengraving business fabrication. The Respondent is registered with RIDEM as a large quantity hazardous waste generator at the facility. On December 14, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violation pertained to the Respondent's shipment of hazardous waste to a facility that is not designated to accept such waste and the Respondent's failure to complete a hazardous waste manifest for each shipment prior to sending the hazardous waste offsite. In the NOV, the OC&I ordered the Respondent to cease the shipment of hazardous waste to facilities not authorized to received hazardous waste and begin completing hazardous waste manifests for all off site shipments of hazardous waste. The Respondent was also ordered to submit copies of completed hazardous waste manifests for all off site shipments of hazardous waste that have occurred since June 8, 2011. The OC&I assessed an administrative penalty of $18,850.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and agreed to pay $8,750.00, which was paid to the OC&I, thereby resolving the NOV.

Superior Court Actions Issued:

April 11, 2012 - Septic System File No. CI 09-005 and Superior Court File No. PC 12-1915 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Wale Akinsulire for property located at 191 Shannock Village Road, Assessor's Plat 10D, Lot 22 in the town of Richmond. The property includes a three-bedroom dwelling and is owned by the Defendant. On November 10, 2009 the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the use of a failed septic system for the dwelling. On February 2, 2009 OC&I received records from a licensed septage hauler showing that the septic system was pumped on five (5) separate days from September 2008 through January 2009. The regulations define a failed septic system as one that is required to be pumped more than two times per year. In the NOV, the OC&I ordered the Defendant to reduce the discharge of sewage to the septic system, pump the system as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. The OC&I assessed an administrative penalty of $600.00. The Defendant failed to file an appeal of the NOV at AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the Court to order the Defendant to come into compliance with the OWTS Regulations and pay the administrative penalty of $600.00.

April 27, 2012 - Water Pollution File No. 07- 03 and Superior Court File No. PC 12-2185 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Commerce Park Associates 4, LLC for an approximately 480 acre parcel of land located north of Interstate 95 in the town of West Greenwich, west of Arnold Road and New London Turnpike in the town of Coventry, east of Hopkins Hill Road in the town of Coventry and south of King Street in the town of Coventry (also known as The Centre of New England). On January 23, 2007 the OC&I issued an NOV to the Defendant et. al alleging that the Defendant violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, Rhode Island's Freshwater Wetlands Act, and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the discharge of storm water containing soil to waters of the State identified as Tiogue Lake, Little Tiogue Lake, Lake George, Rope Walk Pond, the stream tributary to Rope Walk Pond, Rope Walk Brook, and the stream tributary to Lake George in a concentration that caused turbidity to the State waters in violation of the State water quality standards and the deposition of sediment within the State waters. In the NOV the Defendant was ordered to, among other things, restore the affected water bodies. The OC&I assessed an administrative penalty in the amount of $430,000.00. The Defendant filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Defendant executed a Consent Agreement to resolve the NOV. The Defendant agreed to, among other things, restore the portion of Tiogue Lake known as Harrington Cove by March 2011 (which involves the excavation and removal of sediment deposits attributed to The Centre of New England development). The Defendant also agreed to perform a Supplemental Environmental Project (SEP) at a total cost of $225,000.00. The SEP involved the removal of sediment deposits in Lake George, Little Tiogue Lake, and the stream tributary to Lake George by March 2010. The Defendant has failed to restore Harrington Cove or any of the waterbodies required pursuant to the SEP. In the Superior Court complaint, the RIDEM is asking the Court to order the Defendant to restore Harrington Cove, pay the $225,000.00 to the RIDEM in lieu of completing the SEP, and pay stipulated penalties for failing to comply with the deadline to restore Harrington Cove.

Superior Court Actions Settled or Resolved:

April 19, 2012 - Septic System File CI 10-082 and Superior Court File No. PC 11-2718 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Lucy Conti for property located at 16 McClellan Street, Assessor's Plat 34, Lots 65 and 66, in the city of Providence. The property includes a residential dwelling and is owned by the Defendant. On October 25, 2010 the OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the overflow of sewage from the sewage disposal system for the dwelling to the surface of the ground. In the NOV, OC&I ordered the Defendant to pump the system as needed to prevent overflows, retain a licensed septic system designer to determine the cause of the failure, and repair the system, if necessary. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Defendant failed to file an appeal of the NOV at AAD and failed to comply with the NOV. On May 11, 2011 the RIDEM filed a complaint in the Superior Court, asking the court to order the Defendant to come into compliance with the OWTS Regulations and pay the administrative penalty of $1,000.00. Prior to a hearing on the complaint, the RIDEM and the Defendant entered an agreement with the Court to resolve the complaint. The Defendant agreed to file an application with the city of Providence within 15 days to connect the plumbing at the dwelling to the city sewerage system and complete all work within 60 days of the receipt of the required permit OR file an application with the RIDEM within 15 days to repair the failed OWTS and complete all work associated with the repair within 90 days of receipt of the required permit. The Defendant also agreed to keep the OWTS pumped as often as necessary to prevent the overflow of sewage to the surface of the ground and limit the occupancy of the dwelling to no more than 4 persons until such time as the above work is completed. The Court Order specifies that if the work is not completed the dwelling shall be vacated and shall remain vacant until such time as the work is completed. Lastly, the Defendant agreed to pay an administrative penalty of $500, which was paid to the OC&I.