February 2008 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 February 2008. 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:

February 12, 2008 - OC&I/Septic System File No. 2007 738 IS and CI 07-98 re: Gioconda L. Gordon for property located at 18/20 Urquhart Street, Assessor's Plat 2, Lot 288 in the Town of West Warwick. The property includes a two-bedroom family dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertains to the overflow of sewage to the surface of the ground. On May 22, 2007, OC&I conducted an inspection of the property and found that sanitary sewage was and/or had been discharged to the surface of the ground from the individual sewage disposal system (ISDS) for the dwelling. The OC&I inspector left a copy of the "Field Inspection Report" and "Required Actions Summary Sheet" (collectively, a "Notice of Intent to Enforce" or "NOI") with the tenant at the Property. The NOI required the Respondent to reduce the discharge of sewage to the ISDS through the use of water conservation devices, arrange to have the ISDS pumped by a licensed septage hauler as needed to prevent overflows, have the ISDS inspected by a licensed designer to determine the cause of the failure, and repair the ISDS, if necessary. OC&I received no response to the NOI. On October 29, 2007, OC&I issued a letter to the Respondent that enclosed the NOI issued on May 22, 2007 and required the same corrective actions. On November 7, 2007, the Respondent spoke with the OC&I program supervisor and stated that the property was in foreclosure and that a potential buyer received a sale price reduction to connect to the town sewerage system. Upon information and belief, the property is still owned by the Respondent and the Respondent has not submitted an evaluation of the ISDS by a licensed designer and has not connected the plumbing for the dwelling to the town sewerage system. In the NOV, OC&I ordered the Respondent to reduce the discharge of sewage to the ISDS, pump the ISDS as needed to prevent overflows and connect to the town sewerage system. In the NOV, OC&I assessed an administrative penalty of $800.00.



February 18, 2008 - OC&I/Solid Waste File No. 2007 422 re: William R. & Cynthia C. Overdeep for property located at 1621 Old Smithfield Road, Assessor's Plat 17, Lot 38 in the Town of North Smithfield. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act (R.I.G.L. § 23-18.9-5). The violation pertains to the disposal of approximately 85 cubic yards of solid waste on the property. The waste consists of construction and demolition debris, scrap metal, tree waste and other mixed solid waste. On 23 April 2007, the OC&I conducted an inspection of the property and found 46 cubic yards of waste on the property. On 30 April 2007, the OC&I issued a Letter of Noncompliance ("LNC") to the Respondents informing them of an alleged violation and requiring that all waste be removed within 30 days of receipt of the LNC. On 20 August 2007, the OC&I conducted a follow up inspection and determined that 85 cubic yards of waste existed on the property and some of the waste was being buried. In the NOV the OC&I is ordering the Respondents to dig test pits to determine the extent of waste buried on site and to remove all waste to a licensed solid waste management facility within 60 days. A penalty in the amount of $2,500.00 is being assessed for Respondents' noncompliance.



February 22, 2008 - OC&I/Multi Media (Freshwater Wetlands/Solid Waste) File No. C05-0218 re: David M. & Ann M. Sousa and Lawncare, Inc. for property located north of Plainfield Pike approximately 1,450 feet west of the intersection of Peck Hill Road, at Assessor's Plat 33, Lot 14 and Assessor's Plat 33, Lot 85 in the Town of Johnston. Assessor's Plat 33, Lot 14 was purchased by Respondents David M. Sousa and Ann M. Sousa on August 17, 2001. Assessor's Plat 33, Lot 85 is owned by Leonora C. Corona. Respondent Lawn Care, Inc. operates a landscaping business at the property. Respondent David Sousa is the President of Lawn Care, Inc. OC&I alleges that the Respondents are in violation of the Rhode Island Freshwater Wetland Act, RIDEM's Freshwater Wetland Regulations, the Rhode Island Refuse Disposal Act, and RIDEM's Solid Waste Regulations. The violation pertains to clearing, filling (in the form of at least soil material, bricks, rocks, boulders and concrete pieces), excavating, and/or creating soil disturbance within Swamp, Forested Wetland, Perimeter Wetland, and Riverbank Wetland. The alleged violation has resulted in the unauthorized alteration of approximately 2.3 acres of Swamp and/or Forested Wetland and approximately 8,800 square feet of Perimeter Wetland and/or Riverbank Wetland. The alleged violation also pertains to the unauthorized disposal of approximately 2,775 cubic yards of solid waste (in the form of at least yard debris, wood chips, and household refuse) in the Swamp. On February 17, 2006, OC&I issued a Notice of Intent to Enforce (NOIE) to Respondent Lawncare, Inc. requiring restoration of the altered freshwater wetlands and removal of the solid waste. On April 6, 2006, Respondent David Sousa, his attorney and his environmental consultant met with OC&I to discuss the NOIE. Mr. Sousa agreed to have his consultant prepare a plan to resolve the violations. The plan was submitted to OC&I on November 16, 2006. On January 31, 2007, OC&I met with Mr. Sousa, his attorney, and his environmental consultant to discuss the plan. OC&I advised the parties that because of the nature and extent of the violations and proposal by Mr. Sousa to allow some of the filled area to remain within Swamp and Forested Wetland, OC&I would be issuing a NOV (with a proposed Consent Agreement) to resolve the NOV. In the NOV, OC&I ordered the Respondents to cease and desist from any further alterations to freshwater wetlands, cease disposal of solid waste, remove all solid waste from the property and restore all freshwater wetlands. In the NOV, OC&I assessed an administrative penalty of $8,000.00. OC&I also forwarded to the Respondents a proposed Consent Agreement to resolve the NOV. The Respondents have filed an appeal of the NOV with the AAD.



February 22, 2008 - OC&I/Multi-Media (Freshwater Wetlands/Water Pollution/Site Remediation) File No. 2007 899FW and C07-76 re: Hope Mill Village Associates, LLC and Vincent R. Coccoli for property located easterly of Route 116 and Mill Street in the vicinity of the Hope Mill Complex, further identified as Assessor's Plat 5, Lots 1, 107, 114 and 117 (the "easterly property") and is located westerly of Route 116 and northerly of Hope Furnace Road in the vicinity of the Hope Mill Pond Dam, further identified as Assessor's Plat 5, Lots 58 and 69 ( the "westerly property") in the Town of Scituate. Assessor Plat 5, Lots 1, 58, 69 and 114 were purchased on March 16, 2007 and are currently owned by Hope Mill Village Associates, LLC (HMVA). Assessor Plat 5, Lot 107 was purchased on April 17, 2007 and is currently owned by Vincent R. Coccoli. Assessor Plat 5, Lot 117 was acquired on August 1, 1985 and is currently owned by the Pawtuxet River Authority. The OC&I alleges that the Respondents are in violation of the Rhode Island Freshwater Wetland Act, RIDEM's Freshwater Wetland Regulations, the Rhode Island Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Materials Releases ("the Site Remediation Regulations"). The freshwater wetland violations pertain to unauthorized alterations on the easterly property and westerly property including clearing, excavating, stumping, grubbing, grading and creating soil disturbance within Riverbank Wetland, Forested Wetland, and the Pawtuxet River. The violations resulted in the alteration of approximately 9.0 acres of Riverbank Wetland and 20,000 square feet of Forested Wetland and/or the Pawtuxet River. The violations occurred over a period of three (3) months despite the issuance by OC&I of a Notice of Intent to Enforce (NOIE) to HMVA on June 28, 2007 requiring the Respondent to cease all activities on the easterly property and the issuance of two (2) written Cease and Desist Orders on August 16, 2007 and September 7, 2007 ordering the Respondents to cease all activities on the westerly property. The water pollution violations pertain to the discharge of storm water containing soil from the easterly property and westerly property to the Pawtuxet River in a concentration that caused turbidity within the River and violated applicable water quality standards. The site remediation violations pertain to a failure to properly investigate the easterly property for the release of hazardous materials and to provide notice. As part of the investigation, HMVA submitted a Site Investigation Report ("SIR") to DEM on December 31, 2007, which is under review, but has failed to provide public notice of the site investigation activities as required by the regulations. In the NOV, OC&I ordered the Respondents to cease and desist from any further unauthorized alteration to freshwater wetlands, restore all freshwater wetlands in conjunction with the site remediation of the properties, and provide public notice to all abutting property owners of the site investigation activities. In the NOV, OC&I assessed an administrative penalty of $85,000.00. The Respondents have filed an appeal of the NOV with the AAD.



February 26, 2008 - OC&I/Hazardous Waste File No. 07 - 011 re: Northland Environmental, Inc. The Respondent has a permit from RIDEM to operate a hazardous waste treatment, storage and disposal facility at 275 Allens Avenue in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations") and Condition # 34 of Respondent's Hazardous Waste facility permit. The violation pertains to Respondent's failure to store hazardous waste in containers that are in good condition. On 28 September 2006, RIDEM conducted an inspection of Respondent's facility and observed in Respondent's Lower Warehouse a spill of liquid on the concrete floor emanating from the hazardous waste (waste cyanide) container storage area and extending across two aisles. In Respondent's Upper Warehouse inspectors observed a T-pack container that was in poor condition with visible damage on the bottom as a result of corrosion and two distinct areas where leakage had occurred in the same area. The Respondent took corrective action to transfer the hazardous waste in the corroded containers into containers in good condition, transfer leaking containers into overpack containers and collected any spilled hazardous waste and placed the waste into good containers. In the NOV, the OC&I assessed an administrative penalty of $5,000.00.

 

Formal Enforcement Cases Settled or Resolved:

February 1, 2008 - OC&I/ UST File No. 05 - 01793 re: Robert Plasse, RGP I, Inc. and RGP II, Inc. for property located at 135 Putnam Pike, Assessor's Plat 40, Lot 100 in the Town of Johnston. On May 27, 2005, the OC&I issued an NOV to Respondents RGP I, Inc. and RGP II, Inc. alleging that the Respondents violated RIDEM's UST Regulations. Respondents are the owners and operators of three USTs consisting of two 10,000-gallon gasoline USTs and one 300-gallon heating oil UST. The violations pertained to Respondents' failure to compile inventory control records for the two 10,000-gallon gasoline USTs from November 2001 through November 2004, failure to perform annual functionality testing of the line leak detectors for these USTs during the years 1998 through 2003, failure to keep the piping collection sumps for these USTs free of liquids, failure to maintain the facility's continuous leak detection monitoring system ("CMS") in an active status, failure to perform monthly testing of the CMS for three years, failure to perform annual testing of the CMS for six years, failure to maintain spill containment basins for the 300-gallon UST and one 10,000-gallon UST free of liquids and solid debris, failure to label the fill port for the 300-gallon UST to identify the material stored inside the tank, failure to upgrade the tank pad observation wells to comply with applicable UST Regulations and failure to bail the water in the groundwater monitoring wells and evaluate each sample for visual and olfactory evidence of free product at least once per year from 1997 through 2003. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,048.00. On December 28, 2005, the OC&I issued an NOV to Robert Plasse and RGP I, Inc. for an additional alleged violation of the UST Regulations. The violation pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondents filed an appeal of the NOVs with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve both NOVs. The Respondents documented to OC&I that they had achieved compliance with the UST Regulations. The Respondents further agreed to replace the Continuous Monitoring System ("CMS") at the UST facility with a new upgraded system to monitor UST compliance with the UST Regulations. OC&I agreed to offset a portion ($12,600.00) of the total penalty ($19,048.00) for the costs associated with the installation of the new CMS, which cost approximately $16,000.00. Respondents agreed to pay the remaining penalty of $6,448.00 in cash with $2,008.00 paid upon execution of the Consent Agreement and the remaining $4,440.00 to be paid in 24 equal and consecutive monthly payments of $185.00.



February 4, 2008 - OC&I/Septic System File No. 2007 356 IS and CI00-52 re: Ralph and Bernadette Groves for property located at 32 Boston Street, Assessors Plat 63, Lot 7 in the Town of Coventry. The property includes a rental dwelling assessed by the Town of Coventry as a 2-family 6 bedroom building and is owned by the Respondents. On August 21, 2007, the OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the discharge of sewage to the surface of the ground from a failed individual sewage disposal system at the property. In the NOV, OC&I ordered the Respondents to cease the discharge of sewage, pump the ISDS as needed to prevent overflows and/or to repair the ISDS and assessed an administrative penalty of $2,000.00. The Respondents filed an appeal of the NOV with AAD. The Respondents installed low flow water fixtures to reduce the flow of water to the ISDS. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to connect the plumbing for the dwelling to the town sewerage system when the ongoing sewer construction project is complete and pay an administrative penalty of $400.00. The penalty was paid upon execution of the Consent Agreement.



February 18, 2008 - OC&I/Solid Waste File No. 07 - 004 re: Roy P. Watmough, Jr. for property located at 591 Snake Hill Road, Assessor's Plat 18, Lot 6 and at the northerly end of Watmough Way, Assessor's Plat 18, Lot 1 in the Town of Glocester. The Respondent operates a camp ground at the Snake Hill Road property. On July 10, 2007, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violation pertained to Respondent's disposal of approximately 1,463 cubic yards of mixed solid waste at the Watmough Way property consisting of furniture, plastic, scrap metal, construction and demolition debris, white goods, household refuse, deteriorated pallets, propane cylinders, damaged and discarded wood picnic tables, abandoned trailers, a damaged boat and tree waste. The OC&I had previously investigated the Snake Hill Road property in response to a complaint and discovered 14 cubic yards of solid waste on that property. The waste consisted of a damaged camper, construction and demolition debris, propane tanks, a discarded trailer and other mixed solid waste. On August 29, 2006, the OC&I issued a Letter of Noncompliance to the Respondent for the Snake Hill Road property, and the Respondent subsequently removed the solid waste identified in the LNC. During the initial investigation, the Respondent did not bring the waste deposited on the Watmough Way property to the attention to the OC&I investigator. The solid waste on the Watmough Way property was uncovered during a complaint investigation on February 12, 2007. In the NOV, the OC&I ordered the Respondent to remove all solid waste to a licensed solid waste management facility and assessed a penalty in the amount of $7,500.00 for Respondent's noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent promptly removed and properly disposed of all solid waste from the Watmough Way property. The OC&I agreed, after taking into consideration Respondent's ability to pay the penalty assessed in the NOV, to reduce the penalty to $3,500.00. The OC&I further agreed to allow the Respondent to pay $2,000.00 on or before July 1, 2008 after the initial seasonal start up of Respondent's campground and to pay the remaining penalty amount of $1,500.00 on or before October 1, 2008.



February 21, 2008 - OC&I/Air File No. 07 - 12 re: Kearflex Engineering Company for Respondent's facility located at 66 Cypress Street in the City of Warwick. On 4 December 2007, the OC&I issued an NOV alleging that the Respondent violated RIDEM's Air Pollution Control ("APC") Regulation No. 36, entitled "Control of Emissions from Organic Solvent Cleaning" . The Respondent operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene ("TCE") at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air pollution control regulations. An inspection of the facility by an inspector of the Office of Air Resources ("OAR") on 4 November 2005 revealed that the Respondent failed to comply with multiple sections of APC Regulation No. 36 pertaining to equipment, operation, control, monitoring, recordkeeping and reporting requirements for Respondent's degreaser. On or about 9 November 2005, the OAR issued a Notice of Alleged Violations ("NOAV") to the Respondent citing the violations and requiring that the Respondent achieve compliance. The Respondent informed the OAR on or about 2 March 2006 that it planned to purchase and install a compliant vapor degreaser. On 10 August 2007, the OAR inspected Respondent's facility again and determined that the Respondent remained in noncompliance with multiple sections of APC Regulation No. 36. The OAR issued another NOAV on or about 11 September 2007 to the Respondent identifying all violations that were required to be corrected. Thereafter the OAR referred the case to the OC&I. In the NOV, the OC&I ordered the Respondent to achieve compliance with APC Regulation No. 36 and assessed a penalty in the amount of $15,500.00 for Respondent's noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to permanently shut down or render non-operational its vapor degreaser within 45 days of the execution of the Consent Agreement or cease any and all usage of any solvent containing trichloroethylene, perchloroethylene, 1,1,1-trichloroethane, methylene chloride, chloroform or carbon tetrachloride in Respondent's degreaser. The Respondent agreed to pay a penalty in the amount of $9,000.00. The OC&I allowed Respondent to pay $5,000.00 upon execution of the Consent Agreement (which has been paid) and the remaining $4,000.00 to be paid in four equal and consecutive monthly installments of $1,000.00 each.



February 21, 2008 - OC&I/Hazardous Waste File No. 06-074 re: Handy & Harman, Inc. for property located at 231 Ferris Avenue, Assessor's Plat 502, Lot 05/032/00 in the City of East Providence. The Respondent is a large quantity generator of hazardous waste in Rhode Island and is registered with the EPA and RIDEM. On September 18, 2007, 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 ("the Hazardous Waste Regulations") and the Code of Federal Regulations pertaining to the management of hazardous waste for which RIDEM has been delegated federal authority to enforce. The violations pertained to Respondent's failure to determine if wastes generated at its facility met the definition of hazardous waste; failure to mark satellite containers of hazardous waste with the words "hazardous waste"; failure to complete hazardous waste labels on containers of hazardous waste; storing hazardous waste in excess of 90 days without obtaining an extension of time from the RIDEM; failure to keep all containers of hazardous waste closed except when waste is being added or removed; failing to maintain a complete and updated emergency contingency plan; failing to have an adequate training plan in place; failing to test and maintain emergency equipment; failure to store universal waste in a manner that prevents releases by keeping all universal waste containers closed and failing to properly label containers of universal waste. In the NOV the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $14,100.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent achieved full compliance with the Hazardous Waste Regulations and agreed to pay a penalty in the amount of $11,280.00. The penalty was paid upon execution of the Consent Agreement.



February 26, 2008 - OC&I/LUST File No. 06 - 3960 re: 168 Florence Drive, LLC, Thomas Tracy, Jr. & Edward Guerin, Jr. for property located at 168 Florence Drive, Assessor's Plat 27, Lot 63 in the City of Woonsocket. The Property is the site of the former Florence Dye and Textile, Inc. There were 2 23,500-gallon heating oil USTs on the property that had been abandoned for several years and were removed on or about June 9, 2005. On October 25, 2006, the OC&I issued an NOV to Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act, Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations, Groundwater Quality Regulations and UST Regulations. The violations pertained to the subsurface petroleum contamination of both soil and groundwater discovered within the tank graves on the property, Respondents' failure to comply with temporary storage and removal requirements for oil spill cleanup debris, failure to properly and permanently close USTs that have been abandoned for longer than 180 days, failing to submit a Site Investigation Report ("SIR") as required, and failure to submit a transfer of certificate of registration to DEM prior to transferring ownership of the facility. In the NOV the Respondents were ordered to remove and properly dispose of contaminated soil excavated from the property during the tank closure and to complete a SIR for the property including a Corrective Action Plan if required by findings in the SIR. OC&I assessed a penalty in the amount of $40,502.00. Respondent 168 Florence Drive, LLC and Edward Guerin, Jr. filed a request for a hearing before the AAD. Respondent Thomas Tracy, Jr. did not file a request for a hearing. Prior to an administrative hearing with Respondent 168 Florence Drive, LLC or proceeding to Superior Court to enforce the NOV against Thomas Tracy, Jr. Respondent 168 Florence Drive, LLC and Thomas Tracy, Jr. and the OC&I executed a Consent Agreement. The Consent Agreement does not resolve any allegations made in the NOV against co-Respondent Edward Guerin, Jr. Respondents agreed to conduct a Site Investigation and complete a Site Investigation Report prior to May 1, 2008 consistent with RIDEM's UST Regulations requirements. The Respondents further agreed to develop a Corrective Action Plan if necessary to resolve release and clean up issues at the property and to comply with an Order of Approval issued by RIDEM for clean up and removal of contamination. The Respondents agreed to pay a penalty in the amount of $17,500.00, record the Consent Agreement in the land evidence records to be binding upon future successors, heirs or assigns of the property and agreed to pay stipulated penalties of $500.00 per week should Respondents fail to comply with the performance conditions set forth in the Consent Agreement. The penalty of $17,500.00 was paid upon execution of the Consent Agreement.



February 26, 2008 - OC&I/Septic System File No. CI06-066 re: Donald Desper, Jr. and Dorothy Desper for property located at 282 Quaker Highway, Assessor's Plat 1, Lot 356 in the Town of North Smithfield. The property includes a dwelling assessed by the Town of North Smithfield as a 4-bedroom single family building. On July 18, 2007, the OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the discharge of sewage to the surface of the ground from a failed individual sewage disposal system at the property. In the NOV OC&I ordered the Respondents to cease the discharge of sewage, pump the ISDS as needed to prevent overflows and/or to repair the ISDS and assessed an administrative penalty of $800.00. The Respondents filed an appeal of the NOV with AAD. On February 4, 2008, the Respondents connected the plumbing for the dwelling to the town of North Smithfield sanitary sewerage system. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay an administrative penalty of $400.00, which was paid upon execution of the Consent Agreement.



February 26, 2008 - OC&I/Septic System File No. 2007 345 IS and CI 07-30 re: Domenic Bitto, Jr. for property located at 151 Heritage Drive, Assessor's Plat 12A, Lot 146 in the Town of Portsmouth. The property is a single family 4 bedroom dwelling and is owned by the Respondent. On August 21, 2007, the OC&I issued a NOV to the Respondent alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to a failed individual sewage disposal system at the property. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage, pump the ISDS as needed to prevent overflows and/or to repair the ISDS and assessed an administrative penalty of $400.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed have the ISDS evaluated by a licensed designer by May 31, 2008 and repair the ISDS, if necessary, and pay an administrative penalty of $200.00, which was paid upon execution of the Consent Agreement.



February 28, 2008 - OC&I/Freshwater Wetlands File No. C03-276 re: William and Cynthia Hundertmark for property located immediately west of Kyle Street, behind house number 4, approximately 250 feet southwest of the intersection of Kyle Street and Peck Lane, Assessor's Plat 15, Lot 31, in the Town of Barrington. The property is owned by the Respondents. On October 19, 2007, OC&I issued a NOV to the Respondents alleging certain violations of the Rhode Island Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing and maintaining a lawn within a 100-Foot Riverbank Wetland that resulted in the alteration of approximately 5,000 square feet of freshwater wetland. In the NOV, ordered the Respondents to restore the freshwater wetland and assessed an administrative penalty of $1,000.00. The Respondents filed an appeal of the NOV with AAD. The Respondents have restored the freshwater wetlands as required in the NOV. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay an administrative penalty of $500.00, which was paid upon execution of the Consent Agreement.

 

Superior Court Actions Issued:

February 20, 2008 - OC&I/Freshwater Wetlands File No. C92-0187 re: Peter J. St. Lawrence III - Superior Court File C.A. No. 08 - 929 for property located approximately 70 feet north of Starr Street, approximately 180 feet east of the intersection of Starr Street and Venice Avenue, Assessor's Plat 5, Lots 230, 232, and 238 in the Town of Johnston. On June 18, 2007, OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rhode Island Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to the failure of the Respondent to comply with an approval issued by OC&I on January 31, 2000 to restore a freshwater wetland that was altered by the Respondent and to correct a drainage system that were causing flooding of an adjacent upstream property on Venice Street. In the NOV, OC&I ordered the Respondent to complete all work required in the approval and submit to OC&I a written certification from a registered professional engineer that the storm water drainage system including any and all basins, piping systems, catch basins, culverts, swales and other storm water management control features have been constructed in accordance with the approval. OC&I assessed an administrative penalty of $10,000.00. The Respondent did not file an appeal of the NOV with AAD. OC&I performed an inspection of the property on February 5, 2008. The inspection revealed that the Respondent had taken some steps to address the violation; however, the actions taken did not comply with the approval and flooding of the adjacent upstream property was still occurring. DEM filed a complaint in Superior Court requesting that the court order the Defendant to comply with the NOV and pay the $10,000 administrative penalty.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.