June 2003 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 June 2003. 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:

June 3, 2003 - OC&I/RCRA File No. 02-082 re: Ira Green, Inc. and B And B Land Corporation for property located at 177 Georgia Avenue, Assessor's Plat 101, Lot 0420 in the City of Providence. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations entitled "Protection of the Environment" pertaining to hazardous waste management. The violations pertain to the Respondents' failure to store satellite containers of hazardous waste near or at the point of generation, keep all containers of hazardous waste closed except when adding or removing waste, properly label all containers holding hazardous waste and mark containers with the accumulation start date, maintain an adequate supply of spill control equipment, maintain adequate aisle space, develop a hazardous waste personnel training program, provide training to company employees that handle hazardous waste, amend the hazardous waste contingency plan following significant changes, properly prepare a manifest for transportation of hazardous waste and submit a list of agents authorized to sign the uniform hazardous waste manifest. The OC&I ordered the Respondents to comply with the regulations and assessed an administrative penalty of $17,200.00.

June 3, 2003 - OC&I/UST File No. 03-02721 re: The City of Warwick for the Warwick School Department regarding property located at 150 Draper Avenue, Assessor's Plat 354 Lot 49. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to the Respondent's failure to install an approved automatic tank gauging system ("ATG") for its single walled UST and the utilization of an ATG to perform monthly leak testing; failure to meet precision testing requirements for UST systems, submit test records and maintain such records; failure to meet tightness testing requirements for UST piping systems and maintain test records; failure to install overfill protection and submit written verification; and failing to maintain inventory control records. Several of the violations are alleged to have taken place over a period of years. On 12 May 2003, OC&I issued a Notice of Intent to Enforce to the Respondent. The NOIE informed the Respondent of the non-compliance and advised the Respondent that additional enforcement action would follow. In the NOV OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $26,436.00.

June 4, 2003 - OC&I/UST File No. 03-03237 re: James H. Dobson and Sandra J. Dobson d/b/a Wickford Service for property located at 590 Boston Neck Road, Assessor's Plat 26, Lot 43 in the Town of North Kingstown. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to the Respondents' abandonment of their UST system since 1998. The Respondents' failed to permanently close their UST system removed from service for more than 180 days and failed to pay late fees associated with a late payment of UST registration fees. In the NOV OC&I ordered the Respondent to submit a permanent closure application and comply with closure requirements including the submission of a closure assessment report. OC&I assessed a penalty in the amount of $7,992.00.

June 18, 2003 - OC&I/Septic System File No. CI01-138 re: Anthony & Phyllis Decesare for property located at 23 Peppermint Lane, Assessor's Plat 43, Lot 357 in the Town of Johnston. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violation pertains to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On or about July 17, 2001 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents. The NOI required the Respondents to take immediate action to pump the septic system as necessary to prevent the overflow of sewage to the ground, inspect the system to determine the cause of the system failure, and repair the failed septic system, if necessary. The Respondents pumped the septic system; however, the Respondents did not have the system inspected to determine the cause of the failure. To date, the Respondents have failed to adequately comply with the terms of the NOI. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $2,000.00.

June 18, 2003 - OC&I/Septic System File No. CI99-253 re: Ann Marie Brule for property located at 19 School House Road, Assessor's Plat 21, Lot 280 in the Town of Warren. The property includes a single-family dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On or about December 13, 1999 and April 10, 2000, OC&I issued a NOI to the Respondent. The NOI required the Respondent to take immediate action to pump the septic system as necessary to prevent the overflow of sewage to the ground, inspect the septic system to determine the cause of the system failure, and repair the septic system, if necessary. To date, the Respondent has failed to adequately comply with the terms of the NOI's. In the NOV OC&I ordered the Respondent to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $4,000.00.

June 18, 2003 - OC&I/Septic System File No. CI 01-72 re: Thomas A. Masterson for property located at 89 Penquin Avenue, Assessor's Plat 210, Lot 52 in the City of Warwick. The property includes a single-family dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On or about May 15, 2001 and September 24, 2001, OC&I issued a NOI to the Respondent. The NOI required the Respondent to take immediate action to pump the septic system as necessary to prevent the overflow of sewage to the ground, inspect the septic system to determine the cause of the system failure, and repair the septic system, if necessary. To date, the Respondent has failed to adequately comply with the terms of the NOI's. In the NOV OC&I ordered the Respondent to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $3,000.00.

June 18, 2003 - OC&I/Septic System File No. CI 01-253 re: R.A. Savarese Custom Builders, Inc. for property located at 24 Olde Mill Lane, Assessor's Plat 153, Lot 19 in the Town of North Kingstown. The property includes a single-family dwelling and is owned by Joan and John Libera (the "Owners"). OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the failure to comply with the conditions of 2 permits that were issued to the Respondent by RIDEM for the installation of 2 septic systems at the property. The Respondent is engaged in contracting and constructing. The Respondent received approval from RIDEM to install 2 separate septic systems to serve a 3-bedroom dwelling at the property. The Respondent installed the septic systems, however, a four-bedroom dwelling was constructed by the Respondent. On November 26, 2001, OC&I issued a NOI to the Respondent. The NOI required the Respondent to submit an Application for System Suitability Determination (SSD) for each septic system and complete all work required by RIDEM as part of the approved SSD. To date, the Respondent has failed to adequately comply with the terms of the NOI. In the NOV the Respondent was ordered to submit an SSD application for each system and complete all work required by RIDEM as part of the approved SSD. OC&I assessed a penalty in the amount of $1,200.00.

June 30, 2003 - OC&I/Solid Waste File No. 03-012 re: James H. Russell, Jr. and Robert Russell for property located at 1 Reservoir Road, Assessor's Plat 48, Lot 34 in the Town of Smithfield. Victory Enterprises, Inc ("Victory") formerly owned the property. In 1993, RIDEM issued a NOV to Victory c/o James H. Russell, President. In the NOV, RIDEM alleged that Victory disposed of solid waste on the property. RIDEM ordered removal of the waste and assessed a penalty in the amount of $12,000.00. In 1994, Victory executed a Consent Agreement with the RIDEM and agreed to remove the solid waste cited in the 1993 NOV. Despite execution of the Consent Agreement, Victory failed to remove the waste. In January 2003, OC&I obtained an administrative inspection warrant to inspect the property. Following inspection of the property, OC&I issued this NOV and alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and RIDEM's UST Regulations. The solid waste violations pertain to maintaining approximately 300 cubic yards of mixed solid waste on the property consisting of used vehicle tires, auto rims, processed wood waste, scrap metal, box trailers, 55-gallon drums, truck bodies, wood pallets and other mixed solid waste. As a result of the inspection, OC&I found evidence of a UST system in place and alleges in the NOV that one or more USTs have been abandoned on the property in violation of the UST Regulations. In addition, OC&I discovered an electric transformer on the property that may contain hazardous waste. In the NOV, the OC&I ordered the Respondents to remove all solid waste from the property and to submit a permanent closure application for the USTs including a closure assessment report. The Respondents were also ordered to determine whether the transformer contains hazardous waste and, if it does contain hazardous waste, properly manage the waste pursuant to the Rules and Regulations for Hazardous Waste Management. A penalty in the amount of $27,500.00 was assessed in the NOV.

June 30, 2003 - OC&I/RCRA File No. 03-021 re: The City of Newport Public Works Garage located at 80 Halsey Street, Assessor's Plat 9, Lot 317 in the City of Newport. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and RIDEM's UST Regulations. The violations pertain to the Respondent's failure to properly ship and dispose of hazardous waste and to properly manage and dispose of contaminated soil during a UST closure. The hazardous waste consisted of approximately 15 cubic yards of lead contaminated soil that was excavated from a UST removal project at the City's Public Works Garage. The Respondent was obligated under the UST Regulations to submit a closure assessment report to RIDEM advising RIDEM of its actions to remediate the site. The closure assessment report was to be submitted to RIDEM in 1999. Following notification to the Respondent that its closure assessment report was late and that formal enforcement including the assessment of penalties may result for its failure to comply, the Respondent advised RIDEM that it discovered the hazardous material on site. The Respondent further advised that following proper removal of the hazardous material, the closure assessment report would be completed and submitted to RIDEM. The Respondent did not submit the closure assessment report until December 2002. In the report the Respondent informed RIDEM that a contractor was hired to remove the contaminated material but upon arriving at the property the contractor found that the soil was no longer present and had disappeared from the property. A penalty in the amount of $12,000.00 was assessed in the NOV for Respondent's failure to properly manage, ship and dispose of the hazardous waste.

Formal Enforcement Cases Settled or Resolved:

June 2, 2003 - OC&I/LUST File No. 00-1407 re: The Town of Hopkinton Highway Department and Police Facility for property located at 395 Woodville Road, Assessor's Plat 7, lot 45 in the Town of Hopkinton. On 1 December 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of Rhode Island's Water Pollution Law, RIDEM's Groundwater Quality Regulations, Oil Pollution Control Regulations and RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (" the UST Regulations"). The violations pertained to the discharge of pollutants/oil/petroleum to the waters of the State including groundwater and failing to timely implement a Corrective Action Plan in accordance with the DEM's Order of Approval. The OC&I ordered the Respondent to submit quarterly status reports of all investigatory, gauging, sampling and remedial activities; continue operation of all remediation procedures specified in the Corrective Action Plan; and reimburse the DEM for all funds that it has expended in the investigation and/or remediation of the contamination located at the facility. The OC&I assessed a penalty in the amount of $20,000.00. 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 complied with the order portion of the NOV by conducting remedial measures outlined in the Corrective Action Plan approved by the RIDEM and by submitting required status reports. The parties agreed to a penalty in the amount of $15,000.00. The Respondent has paid the penalty in full.

June 2, 2003 - OC&I/RCRA File No. 02-041 re: the American Shipyard Co., LLC d/b/a Newport Shipyard, LLC for property located at One Washington Street, Assessor's Plat 16, Lot 235 in the City of Newport. On 28 February 2003, the OC&I issued a NOV alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertained to the Respondent's failure to determine if its wastes met the definition of hazardous waste, properly label and mark satellite containers of hazardous waste, properly label 90-day accumulation containers holding hazardous waste, storage of ignitable hazardous waste within 50 feet of a property line, failing to conduct weekly inspections of containers of hazardous waste, failing to provide secondary containment of containers holding liquid hazardous waste, failing to meet contingency plan and training requirements, failing to properly complete hazardous waste manifests and failing to document authorized manifest signers. The OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $23,000.00. 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 NOV. OC&I confirmed as part of the settlement process that the Respondent, following receipt of the NOV, met compliance with the order section of the NOV. The Respondent agreed to a penalty in the amount of $16,750.00. The Respondent paid $1,750.00 upon execution of the Consent Agreement and has agreed to pay the remaining $15,000.00 in 12 equal and consecutive monthly installments of $1,250.00.

June 5, 2003 - OC&I/LUST File No. 02-3312 re: John W. Shelton/R&L Service Station for property located at 2160 Main Road, Assessor's Block 89, Lot 32A in the Town of Tiverton. On 11 February 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Control Law, Oil Pollution Control Regulations, Rules and Regulations for Groundwater Quality and the Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the discharge of pollutants/oil/petroleum to waters of the State and failure to submit a site investigation report ("SIR") in accordance with the UST Regulations. The OC&I ordered compliance with the UST Regulations consistent with necessary remediation of the release and assessed a penalty in the amount of $52,500.00. Following issuance, OC&I discovered that the Respondent did not receive the original NOV. On 20 March 2002, the OC&I issued an Amended NOV to the Respondent. The Amended NOV cited similar violations but noted that a SIR had been submitted to RIDEM. The Respondent was ordered to comply with the Regulations by addressing site clean up as required by the Regulations. An amended penalty in the amount of $40,000 was assessed in the Amended NOV. The Respondent filed an appeal of the Amended NOV with the AAD. Prior to hearing the OC&I and the Respondent executed a Consent Agreement to resolve the Amended NOV. In the Consent Agreement, the OC&I recognized that the Respondent satisfactorily complied with the order portion of the Amended NOV. OC&I further analyzed the Respondent's ability to pay the assessed penalty and determined that the Respondent could not pay the penalty as assessed. The penalty was reduced to $1,000.00. The Respondent agreed to pay $100.00 upon execution of the Consent Agreement and agreed to pay the remaining $900.00 in 9 equal and consecutive monthly installments.

June 5, 2003 - OC&I/UST File N0. 02-D'Attilio re: William R. D'Attilio, Viola M. D'Attilio and Thomas E. D'Attilio for property located at 255 Pocasset Avenue, Assessor's Plat 109, Lot 49 in the City of Providence. On 14 May 2003, the OC&I issued a NOV to the Respondents alleging that the Respondents violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations pertained to the abandonment of three underground storage tanks on the property and failing to permanently close the abandoned tanks in compliance with the UST Regulations. The RIDEM notified the Respondents in writing of the non-compliance in December 2000 and afforded the Respondents an opportunity to voluntarily resolve the non-compliance without formal enforcement. Despite the notification, Respondents failed to resolve the violations. OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $20,190.00. Respondent Thomas D'Attilio filed an appeal of the NOV with the AAD. Respondents William and Viola D'Attilio are both deceased. Prior to hearing the OC&I and Respondent Thomas D'Attilio executed a Consent Agreement to resolve the NOV. The USTs have been removed from the property. The Respondent agreed to submit a closure assessment report to RIDEM and to conduct a Site Investigation Report and Corrective Action Plan if necessary to address any release that may be present on the property. OC&I agreed to reduce the penalty to $6,000.00 with $500.00 to be paid upon execution of the Consent Agreement and the remaining $5,500.00 to be paid within 60 days.

June 5, 2003 - OC&I/Septic System File No. IS91-4 re: Charles D. Crowe for property located at 85 Philip Avenue, Assessor's Plat 18, Lot 374, in the Town of Cumberland. The property includes a single-family dwelling. On January 9, 1991, RIDEM issued a NOV alleging that the Respondent violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground. In the NOV RIDEM ordered the Respondent to cease the discharge of sewage and repair the failed septic system. RIDEM did not assess a penalty. The Respondent failed to request an administrative hearing on the NOV. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I referred the case to mediation. Following mediation of the case, the OC&I determined that the NOV was for the discharge of laundry waste from the property. The Respondent had resolved the violation by connecting the laundry waste to the existing septic system in January 1993. OC&I released the NOV and closed the file on this matter.

June 18, 2003 - OC&I/UST File No. 02-02128 re: Salem's Gas and Market, Inc./Salem Silveira Land Company LLC for property located at 943 Main Street, Assessor's Plat 15 C, Lot 14 in the Town of Warren. On 4 November 2002, the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to annual testing of leak monitoring equipment, maintenance of testing records, monthly testing of continuous monitoring equipment by the owner and maintenance of daily written inventory and monthly reconciliation records. On 12 June 2001, OC&I issued a Letter of Non-Compliance ("LNC") to the Respondents. The LNC informed the Respondents of the alleged violations and provided a compliance schedule to be met. Despite a follow up letter to the Respondents on 10 September 2001, the Respondents failed to bring the facility into compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondents to submit all daily, monthly and annual records required by the UST Regulations and assessed a penalty in the amount of $6,735.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show that they are in compliance with the UST Regulations post issuance of the NOV and were able to show mitigating circumstances for not complying with the UST Regulations prior to issuance of the NOV. OC&I agreed to reduce Respondent's total penalty to $4,000.00 and to allow Respondent to pay $500.00 upon execution of the Consent Agreement and the remaining $3,500.00 in 14 equal and consecutive monthly installments of $250.00.

June 20, 2003 - OC&I/AIR File No. 02-09 re: Cardi Corporation for property located at or near the area of Devils Foot Road (Route 403) in the Town of North Kingstown. On 19 September 2002 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 5 regarding Fugitive Dust. The activity conducted by the Respondent was associated with new road construction. On two separate occasions, the Respondent failed to take precautions to prevent particulate matter from becoming airborne and traveling beyond the property line of the emission source at Respondent's work-site. The Respondent was advised of its obligation to comply with APC Regulation No. 5 in Letters of Noncompliance issued to the Respondent on 30 July 2001 for a work-site in the City of Cranston and again on 7 September 2001 for another North Kingstown work-site. In the NOV, the OC&I ordered the Respondent to comply with the regulation and assessed a penalty in the amount of $5,000.00. The Respondent filed a 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 agreed to pay a penalty in the amount of $2,750.00 upon execution of the Consent Agreement. The reduced penalty has been paid in full.

June 24, 2003 - OC&I/Septic System File No. IS 90-64 re: Rose Michael for property located at 1819 Boston Neck Road, Assessor's Plat 40, Lot 14 in the Town of North Kingstown. The property includes three (3) separate dwellings. On January 14, 1991 RIDEM issued a NOV to Benedetto Cerilli, Carmine D'Elena, and Kenneth Silvestri (d/b/a N.K. Association) (the "Former Owners") alleging violations of the ISDS Regulations. The violations pertained to the discharge of sewage to the surface of the ground from the sewage disposal systems for two of the dwellings on the property. In the NOV RIDEM ordered the Respondents to cease the discharge of sewage and repair the failed septic systems. RIDEM did not assess a penalty. The Former Owners failed to request a hearing on the NOV and failed to comply with the ordered actions in the NOV. The property was transferred to Rose Michael (the "Current Owner") after the issuance of the NOV. As such, the ordered actions in the NOV became the responsibility of the Current Owner. The Current Owner received approval from DEM to repair the failed septic systems on February 14, 2000. The two dwellings are currently vacant and have been since the Current Owner purchased the property. The Current Owner and OC&I executed a Consent Agreement to resolve the enforcement action. The Current Owner agreed to keep the two dwellings vacant until such time as the septic systems are installed, or the buildings are torn down or converted to permanent storage use only.

June 25, 2003 - OC&I/Septic System File No. CI 93-267 re: Alfredo and Maria Pavao for property located at 23 Hurst Lane, Assessor's Plat 100, Lot 5 in the Town of Tiverton. The property includes a single-family dwelling. On August 1, 1994 RIDEM issued a NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwelling. In the NOV RIDEM ordered the Respondent to cease the discharge of sewage and repair the septic system. DEM assessed a penalty of $3,000. The Respondent failed to request a hearing on the NOV. The Respondent submitted a repair application on February 28, 1994, which was approved by the RIDEM. The system was installed and conformed on September 11, 1995. RIDEM did not release the NOV because the penalty was unpaid. OC&I retained a private collection agency to collect the unpaid penalty. A reduced penalty of $1,200 was paid on December 17, 2002.

June 26, 2003 - OC&I/Solid Waste File No. 02-051 re: Milton L. and Florence Demers for property located at 16 Mount Avenue, Assessor's Plat 17, Lot 14 in the Town of Lincoln. On 28 August 2002 the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act. The violation pertained to the disposal of approximately 2,102 cubic yards of solid waste in the form of wood, tree and yard waste. On 30 September 1999, the OC&I issued a Letter of Noncompliance ("LNC") to the Respondents. The LNC advised the Respondents of DEM's concerns regarding the disposal of waste on the property, informed the Respondents that such disposal of waste represented a violation of law and allowed for a period of time to remove the waste from the property. The Respondents failed to remove the waste cited in the LNC and placed additional solid waste on the property. The OC&I ordered the Respondents to remove the solid waste within 90 days and assessed a penalty in the amount of $6,250.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. Post NOV subsurface investigation revealed that the majority of subsurface leaf and yard waste material deposited on the property had decomposed. No further material was being deposited and the Respondent was in agreement to remove all solid waste from the surface of the residential property. The OC&I agreed to reduce the assessed penalty to $500.00. The reduced penalty has been paid in full.

Superior Court Actions Issued:

June 11, 2003 - C.A. No. PC 03-3135 re: RIDEM, Plaintiff versus Kenneth and Susan Kaplan, Defendants for property located at 5 Red Oak Drive, Assessor's Plat 102, Lot 106 in the Town of Coventry. The property includes a single-family dwelling. OC&I alleges that the Defendants are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the failed septic system for the dwelling. On May 23, 1991 and August 9, 1995 RIDEM issued a NOI to the Defendants. The NOI required the Defendants to pump the failed septic system to prevent the overflow of sewage to the surface of the ground, inspect the system to determine the cause of the system's failure, and repair the system, if necessary. The Defendants failed to comply with the NOI's. On September 17, 2002 a NOV was issued to the Defendants. In the NOV, OC&I ordered the Defendants to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $1,000. The Defendants failed to request a hearing on the NOV. On April 18, 2003 a letter was sent by RIDEM to the Defendants offering voluntary mediation to attempt to resolve the NOV. The Defendants failed to respond to the offer of mediation. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendants to repair the failed septic system and pay the penalty assessed in the NOV. The Defendants have repaired the failed septic system. The penalty remains outstanding.

June 11, 2003 - C.A. No. PC 03-3136 re: RIDEM, Plaintiff versus James and Kathy Weaver, Defendants for property located at 17 Station Street, Assessor's Plat 45, Lot 29 in the Town of Coventry. The property includes a multi- family (6-unit) apartment. OC&I alleges the Defendants are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the failed septic system for the dwelling. The prior owners of the apartment building were issued 2 Notices of Intent to Enforce for the septic system failure. Prior to the Defendants' purchase of the property, OC&I informed Defendant Weaver of the septic system violation and the actions necessary to correct the violation. Despite this knowledge, the Defendants purchased the property but failed to repair the system and allowed sewage to continue to discharge to the surface of the ground. On August 26, 2002, a NOV was issued to the Defendants. In the NOV, OC&I ordered the Defendants to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $2,000. The Defendants failed to request a hearing on the NOV. On April 18, 2003 a letter was sent by RIDEM to the Defendants offering voluntary mediation to attempt to resolve the NOV. The Defendants failed to respond to the offer of mediation. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendants to repair the failed septic system and pay the penalty assessed in the NOV.

June 11, 2003 - C.A. No. PC 03-3134 RIDEM, Plaintiff versus John Sparin, Defendant for property located at 50 Melrose Street, Assessor's Plat 18, Lot 684 in the Town of Cumberland. The property includes a single-family dwelling. OC&I alleges the Defendant is in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the failed septic system for the dwelling. On April 25, 2002 OC&I issued a NOI to the Defendant. The NOI required the Defendant to pump the failed septic system to prevent the overflow of sewage to the surface of the ground, inspect the system to determine the cause of the system's failure, and repair the system, if necessary. The Defendant failed to comply with the NOI. On October 8, 2002 a NOV was issued to the Defendant. In the NOV, OC&I ordered the Defendant to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $1,000. The Defendant failed to request a hearing on the NOV. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendant to repair the failed septic system and pay the penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.