June 2006 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 2006. 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 5, 2006 - OC&I/Septic System File No. CI 02 - 66 and Freshwater Wetlands File No. C02-0212 re: Harold E. Beaudoin, Jr. for property located at 195 Ayoho Road, Assessor's Plat 630, Lot 7 in the Town of Coventry. The property includes a single family home. OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"), the Freshwater Wetland Act, and the RIDEM Freshwater Wetland Regulations. The ISDS violation pertains to the demolition of an existing house and construction of a new house without first submitting an Application for a System Suitability Determination ("SSD Application") to RIDEM to determine whether the existing septic system was adequate for the new house. The Freshwater Wetland violations pertain to filling, grading, creating soil disturbance and constructing a new patio and stairs within the 50 foot Perimeter Wetland associated with the Flat River Reservoir (Johnson's Pond) and filling, grading, creating soil disturbance and constructing a new stone wall within Johnson's Pond. This activity has resulted in the unauthorized alteration of 3,000 square feet of Perimeter Wetland and 220 square feet of the Pond. On June 11, 2002 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent for the Freshwater Wetland violations. The NOI required the Respondent to restore the altered wetlands. On November 13, 2002 OC&I issued a NOI to the Respondent for the ISDS violations. The NOI required the Respondent to submit an SSD Application to RIDEM. On May 24, 2004 OC&I issued a follow up letter to the Respondent outlining the actions necessary to comply with the NOIs issued on June 11, 2002 and November 13, 2002. To date, the Respondent has failed to comply with requirements stated in the NOIs or the May 24, 2004 letter. In the NOV the Respondent was ordered to restore the altered wetlands and to submit an SSD Application to RIDEM. OC&I assessed an administrative penalty in the amount of $1,400.00.

June 26, 2006 - OC&I/Septic System File No. CI 04 - 31 re: Steven E. & Martina P. Marasco for property located at 17 A/B Rhode Island Avenue, Assessor's Plat T, Lot 9 in the Town of Narragansett. The property includes a two family rental dwelling. OC&I alleges that the Respondents are in violation of the RIDEM's ISDS Regulations. The violation pertains to the discharge of sewage from the septic system on the property to the surface of the ground. On April 20, 2005 OC&I issued a field citation to the Respondents for a sewage overflow that was observed on that day. The Respondents were required to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the failed system if needed. A follow up inspection on December 5, 2005 revealed that sewage was again discharging to the surface of the ground. To date, the Respondents have failed to comply with the field citation issued by OC&I. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $1,200.00.

June 26, 2006 - OC&I/Solid Waste File No. 06 - 003 re: Dennis F. Conte for property located at 108 Old Pocasset Road, Assessor's Map 44, Lot 4 in the Town of Johnston. Respondent operates a business known as Chumlee's Trash and Demo at the Property. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act. The violations pertain to the disposal of approximately 447 cubic yards of solid waste on the property consisting of scrap metal, white goods, construction & demolition debris and other mixed solid waste. Some of the solid waste has been land filled on the property. The Respondent does not have a license to operate a solid waste management facility on the property. In the NOV, the OC&I is ordering the Respondent to cease accepting and disposing of solid waste on the property and to cease operating a solid waste management facility. The Respondent has been ordered to remove the waste within sixty days. A penalty in the amount of $25,000.00 has been assessed for the Respondent's noncompliance with the Refuse Disposal Act.

June 27, 2006 - OC&I/Septic System File No. CI 02 - 202 re: Richard Paquin for property located at 651 Main Road, Assessor's Plat 163, Lot 61 in the Town of Tiverton. The property includes a commercial building and a separate garage. The basement of the commercial building was renovated by the Respondent in October 1995 for use by the Little Flowers Preschool day care facility. OC&I alleges that the Respondent is in violation of the RIDEM's ISDS Regulations. The violations pertain to the failure of the septic system at the property and the overflow of sewage from the septic system to the basement of the building that was being used by the day care facility. The failed system was observed on October 3, 2002, and the overflows were observed by OC&I and the Department of Health on November 6, 2002 and June 15, 2003, respectively. The violations also pertain to the renovation of the basement of the building to include the day care facility and construction of the garage without first submitting an Application for a System Suitability Determination ("SSD Application") to RIDEM to determine whether the existing septic system was adequate for the building renovation and garage. On November 13, 2002 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent for the ISDS violations involving the building renovation and garage. The Respondent was required to submit an SSD Application to RIDEM. On November 29, 2002 an SSD Application was submitted to RIDEM. RIDEM informed the Respondent that additional information was necessary, including an engineering analysis of the septic system. The Respondent failed to submit a revised SSD Application. The day care facility vacated the building in October 2003. To date, the Respondent has failed to comply with the NOI. In the NOV the Respondent was ordered to cease use of the septic system to dispose of wastewater from the garage, reduce the flow of wastewater to the septic system, retain a licensed designer to evaluate the cause of the septic system failure, and either repair the septic system (if the evaluation determines that the system has failed) or submit an SSD Application to demonstrate that the system is adequate for the wastewater flows from the garage and/or building renovation. OC&I assessed an administrative penalty in the amount of $4,000. 00.

June 27, 2006 - OC&I/Septic System File No. CI 93 - 16 re: Rocco C. & Lorraine M. Parrillo for property located at 175 Bourne Avenue, Assessor's Plat 21A, Lot 724 in the Town of North Providence. The property includes a single family dwelling. OC&I alleges that the Respondents are in violation of the RIDEM's ISDS Regulations. The violation pertains to the discharge of sewage from the septic system on the property to the surface of the ground. On May 5, 2001 OC&I observed a sewage overflow at the property. On May 15, 2001 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondents for the ISDS violation. The Respondents were required to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, connect to the town sewerage system (if available) or retain a licensed designer to evaluate the cause of the ISDS failure, and repair the failed system if needed. A follow up inspection on March 22, 2005 revealed that sewage was again discharging to the surface of the ground. To date, the Respondents have failed to comply with the NOI. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface and connect the sewerage system for the property to the town sewerage system. OC&I assessed an administrative penalty in the amount of $2,000.00.

June 28, 2006 - OC&I/Freshwater Wetlands File No. C05-0077 re: Mapleville Highland Development, Inc., Angelo Calcagni, Alfred Detri, Jr. and Lucille Detri for property located approximately 400 feet northwest of Colwell Road, at utility pole numbers 89 and 90, to the west/northwest of house number 66 Colwell Road, approximately 400 feet northeast of the intersection of Colwell Road and the subdivision road (Road A) for the Mapleville Highlands Estates, Assessor's Plat 47, Lot 218 in the Town of Smithfield. An insignificant alteration permit was issued to Mapleville Highland Development, Inc. and Angelo Calcagni by RIDEM on June 24, 2003 for a 22 lot subdivision. The property cited is one of the lots of the subdivision. Alfred and Lucille Detri own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violations pertain to clearing, grading, filling and creating soil disturbance within a wetland complex; clearing, grading, filling, and excavating a trench within a 50 foot Perimeter Wetland; and failure to place erosion and sedimentation controls resulting in sedimentation of the adjacent freshwater wetlands. This activity has resulted in the unauthorized alteration of 300 square feet of the wetland complex and 7,250 square feet of the Perimeter Wetland. On July 19, 2005 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondents. The Respondents were required to restore the altered wetlands. Inspections of the property by OC&I on January 19, 2006 and March 31, 2006 revealed that the Respondents had completed restoration of some of the altered wetlands, but they failed to restore all the altered wetlands as required by the NOI. In the NOV the Respondents were ordered to complete the restoration of the remaining altered wetlands. OC&I assessed an administrative penalty in the amount of $9,750.00.

June 29, 2006 - OC&I/UST File No. 06-03081 re: Amerada Hess Corporation for property located at 2400 West Shore Road, Assessor's Plat 361, Lot 216 in the City of Warwick. 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 Respondent is the owner/operator of three 8,000-gallon gasoline USTs at the facility. In October 2004, the Respondent notified RIDEM that it intended to modify and upgrade portions of its UST facility. RIDEM responded to the Respondent and approved the requested modifications. At the time of response, RIDEM specifically noted what modifications were not approved. The Respondent proceeded to conduct the modifications and in April 2005 provided post construction documentation including test results for installation of equipment that was not authorized by RIDEM. RIDEM requested follow up information and was provided information in April 2006 revealing that the product piping for the USTs was replaced as part of the UST facility upgrade. RIDEM inspected the UST facility in April 2006 and confirmed that the product piping was replaced without specific written approval of the RIDEM. In the NOV, the OC&I ordered the Respondent to provide all post installation documentation necessary for RIDEM to review and approve the installation. A penalty in the amount of $5,000.00 was assessed in the NOV.

Formal Enforcement Cases Settled or Resolved:

June 7, 2006 - OC&I/UST File No. 05-00099 re: J&D's West Kingston Service, Inc. for property located at 3471 Kingstown Road, Assessor's Plat 22-4, Lot 46 in the Town of South Kingstown. On December 28, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violation pertained to Respondent's failure to timely submit self certification forms and return to compliance forms pursuant to UST Rule 8.03 relating to RIDEM's UST Environmental Results Program ("ERP"). In the NOV, the OC&I assessed a penalty in the amount of $1,500.00 for Respondent's late submission. The Respondent did not file an appeal of the NOV with the AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent agreed to execute a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $1,000.00. The penalty was paid upon execution of the Consent Agreement.

June 7, 2006 - OC&I/Solid Waste File No. 05-02 re: Roland G. Bowley & Marion J. Bowley for property located at 813 Main Street, Assessor's Plat 14, Lots 47, 70 and 72 in the Town of Hopkinton. On May 25, 2005 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act. The violations pertained to the disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. RIDEM had previously issued a NOV to Respondent Roland Bowley on February 1, 1990 alleging violations on the property regarding disposal of solid waste at other than a licensed solid waste management facility. On or about June 22, 1993, Respondent Roland Bowley executed a Consent Agreement with the RIDEM in which he agreed to remove all solid waste from the property within 10 months of the execution of the Consent Agreement. Compliance inspections in April 1996, October 1997, March 2001 and September 2004 revealed that solid waste remained on the property. The September 2004 inspection revealed solid waste in an estimated quantity of 689 cubic yards disposed of on the property. The solid waste consisted of unregistered vehicles, plastic wire cover insulation, furniture, truck tires, a vehicle's fuel tank, scrap metal, electronic components, damaged furnace, vehicle tires, air conditioner, electrical transformers, unregistered trailer, box trailer, light poles, an abandoned, damaged house trailer and other mixed solid waste. In the 2005 NOV, OC&I ordered the Respondents to cease accepting solid waste on the property and to immediately commence removal of the waste and complete the removal of the solid waste within 180 days of receipt of the NOV. A penalty of $15,625.00 was assessed jointly and severally against each Respondent in the NOV. 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. The Respondents agreed to remove all solid waste from the property on or before October 31, 2006 and agreed to pay a penalty in the amount of $8,000.00. The OC&I agreed to accept the penalty in payments, with $500.00 paid upon execution of the Consent Agreement and the remaining penalty to be paid in $500.00 monthly increments commencing November 30, 2006.

June 8, 2006 - OC&I/Hazardous Waste File No. 05 - 042 re: Bio Waste, L.L.C. Bio Waste, L.L.C. is licensed by RIDEM to transport hazardous waste in the State of Rhode Island. On or about January 31, 2006 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to Respondent's failure to ensure that hazardous waste manifests prepared by the generator of hazardous waste have been completed properly before the transporter accepts and ships the waste. On March 10 and March 22, 2005 RIDEM's Office of Waste Management reviewed hazardous waste manifests for shipments of waste transported by the Respondent. The Respondent accepted hazardous waste on eleven separate occasions throughout the year 2004 and transported the hazardous waste even though the required information for multiple sections of the manifests was missing, incorrect or not legible. Accurate reporting of the shipment of hazardous wastes on manifests is a major requirement of the management of hazardous waste to ensure that hazardous wastes are tracked from the generator to the licensed treatment, storage or disposal facility, and to ensure that hazardous waste is not illegally disposed of into the environment. In the NOV, the Respondent was ordered to complete all identified deficient manifests and return the manifests to the RIDEM. The OC&I assessed a penalty in the amount of $27,500.00. The Respondent failed to file an appeal of the NOV with the AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent documented compliance with the order portion of the NOV and provided documentation that the Respondent paid a penalty in the amount of $5,000.00 for similar violations in the Commonwealth of Massachusetts. The Respondent agreed to pay a penalty in the amount of $11,000.00. The Respondent paid $5,000.00 upon execution of the Consent Agreement and agreed to pay the remaining penalty of $6,000.00 in 12 monthly payments of $500.00 each.

June 16, 2006 - OC&I/UST File No. 05-01948 re: New England Motor Freight, Inc. and Myron P. Shevell for property located at 400 Division Street, Assessor's Plat 25, Lot 288 in the City of Pawtucket. On December 28, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to submit compliance certification and return to compliance forms as required by the UST ERP section (Rule 8.03) of the UST Regulations. The forms were to be submitted no later than June 30, 2005. The RIDEM issued a Notice of Intent to Enforce to UST owners/operators 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 with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. Respondent New England Motor Freight, Inc. ("Respondent New England") filed an appeal of the NOV with the AAD. Prior to hearing, Respondent New England and the OC&I executed a Consent Agreement to resolve the enforcement action. Respondent New England was able to document that it had taken steps to meet the requirements of the UST Regulations but a contractor hired to complete the work had not met the agreed upon deadline. Respondent New England did eventually comply with the UST Regulations cited in the NOV. Respondent New England agreed to pay a penalty in the amount of $2,000.00. The penalty was paid upon execution of the Consent Agreement.

June 19, 2006 - OC&I/Freshwater Wetlands File No. C03-0218 re: David and Michele L. Lavigne for property located at 1 Carriage Cove Court, Assessor's Plat 41, Lot 1.3 in the Town of Coventry. David and Michele Lavigne own the property. On May 25, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing, grading and installing lawn within a 50-foot Perimeter Wetland associated with the Flat River Reservoir (Johnson's Pond). These activities resulted in the unauthorized alteration of approximately 15,000 square feet of freshwater wetland. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to hearing, OC&I and the Respondents executed a Consent Agreement to resolve the NOV. OC&I agreed to allow the Respondents to maintain a 6-foot wide path through the Perimeter Wetland to Johnson's Pond provided that the path was a mowed grass area only. The Respondents agreed to restore the remaining freshwater wetlands by September 30, 2006. The Respondents agreed to pay a reduced administrative penalty of $800.00, which was paid to RIDEM upon execution of the Consent Agreement.

June 21, 2006 - OC&I/Freshwater Wetlands File No. 99 - 0273 re: Marc A. McGiveney and Debra B. Harbin for property located approximately 150 feet east of Gardner Road, adjacent to house number 221, approximately 2,600 feet north of the intersection of Gardner Road and James Trail, Assessor's Plat 1-3, Lot 4, in the Town of South Kingstown. On September 20, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing, filling and creating soil disturbance within a 50 foot Perimeter Wetland. The activities resulted in the unauthorized alteration of approximately 4,500 square feet of freshwater wetland. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $2,000.00. The Respondents filed an appeal of the NOV with AAD. The Respondents subsequently restored the freshwater wetlands in accordance with the NOV. Prior to hearing, OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a reduced administrative penalty of $750.00, which was paid to RIDEM upon execution of the Consent Agreement.

June 22, 2006 - OC&I/Hazardous Waste File No. 05 - 060 re: Tusky Incorporated d/b/a Westerly Sanitation. The Respondent is a permitted septage waste transporter in the State of Rhode Island pursuant to Rhode Island General Law � 23-19.4-1 and RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Rules"). In order to obtain a permit to transport septage or industrial waste, owners/operators must certify to the RIDEM that their transportation units are in compliance with the requirements of the Hazardous Waste Rules. The Respondent filed certification forms with the RIDEM on March 21, 2005. During an inspection on June 7, 2005 representatives of RIDEM's Office of Waste Management conducted an inspection of a transportation unit owned/operated by the Respondent. The OC&I alleges in the NOV that the Respondent failed to prepare procedures for personnel to follow in case of spills of waste and to post these procedures in a conspicuous place in the transportation unit, failed to mark the transportation vehicle on both sides and the back with the name and permit number of the transporter, and failed to maintain all necessary equipment for transporting the waste on the transportation unit including absorbent material, a shovel and a fire extinguisher. The Respondent was ordered in the NOV to appear at RIDEM within thirty (30) days of receipt of the NOV with its transportation unit for an inspection to certify compliance with the Hazardous Waste Regulations. A penalty in the amount of $3,500.00 was assessed in the NOV for Respondent's noncompliance. 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 and agreed to pay a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.

June 22, 2006 - OC&I/ Water Pollution File 04-12 x-ref. RIPDES Permit No. RI01000404 re: RI Economic Development Corporation. The RI Economic Development Corporation (RIEDC) is the owner and operator of the Quonset Wastewater Treatment Facility (Facility) in North Kingstown and is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI01000404. On January 28, 2005 OC&I issued an NOV to RIEDC alleging that RIEDC violated the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's RIPDES Regulations. The violations pertained to the late submission of Discharge Monitoring Report (DMR) Forms to RIDEM and the failure to properly implement the Facility's Pretreatment Program.

The RIPDES Permit authorizes RIEDC to discharge treated wastewater from the Facility to Narragansett Bay and requires RIEDC to summarize and report monitoring results obtained during the previous month on DMR Forms that must be submitted to RIDEM no later than the 15th day of the month following the completed reporting period. RIEDC submitted DMR Forms past the deadline specified in the RIPDES Permit for each month beginning in June 2000 through March 2002.

The RIPDES Permit also requires RIEDC to fully and effectively exercise its authority as defined in the Sewer Use Ordinance and implement the Approved Pretreatment Program consistent with the Rhode Island Pretreatment Regulations and Federal General Pretreatment Regulations 40 CFR 403. RIEDC's Pretreatment Program was approved by RIDEM on September 24, 1986. RIEDC submitted to RIDEM on June 28, 2001 a Request for Industrial Pretreatment Program Modification. RIDEM approved the modification on July 24, 2001 and required RIEDC to implement its modified Sewer User Regulations by August 25, 2001. RIDEM approved a request from RIEDC to extend the deadline to March 1, 2002. The Sewer Use Regulations were not adopted until July 25, 2002, almost five (5) months past the deadline extension date of March 1, 2002.

The RIPDES Permit requires RIEDC to submit an Annual Pretreatment Report to RIDEM by August 15 of each year. RIDEM notified RIEDC on November 18, 2003 that RIEDC had failed to submit the report for 2003. RIEDC submitted the report for 2003 on December 8, 2003, almost four (4) months past the deadline. RIEDC submitted the Annual Pretreatment Report for 2004 to RIDEM on September 10, 2004, almost one (1) month past the deadline.

On May 11, 2004, RIDEM conducted a Pretreatment Compliance Inspection (PCI) of the Facility. The PCI revealed that RIEDC was in significant noncompliance with the RIPDES Permit for failing to reissue permits to each Significant Industrial User (SIU) and perform required inspections and sampling of SIUs on an annual basis. The inspection also revealed that RIEDC was in noncompliance with the RIPDES Permit for failing to modify Industrial Wastewater Permits; clearly identify and apply pretreatment standards to all SIUs; have a certificate of analysis specifically indicate that approved methods were followed; ensure that all SIU self-monitoring documents were completed and reviewed; ensure that all Categorical Industrial User (CIU) self monitoring, reporting, and certification was complete; ensure that all non-categorical SIU self monitoring, reporting, and certification was complete, and review all self monitoring reports. RIDEM notified RIEDC on June 29, 2004 that RIEDC was in significant noncompliance with its approved Industrial Pretreatment Program. RIEDC submitted a response to RIDEM on July 20, 2004 acknowledging that, at the time of the PCI, all inspections and sampling of SIUs were not complete and all permits were not current. RIEDC stated that all these deficiencies were corrected as of June 30, 2004. In the NOV OC&I assessed a penalty of $75,750.00.

The Respondent filed an appeal of the NOV with AAD. In settlement discussions, RIEDC provided additional information to OC&I concerning the violations alleged in the NOV. Based on this additional information, OC&I reduced the administrative penalty to $45,000.00. Prior to hearing, OC&I and RIEDC executed a Consent Agreement to resolve the NOV. RIEDC agreed to pay an administrative penalty of $11,250 and perform a Supplemental Environmental Project (SEP) at a total cost of $90,000. The SEP involves the installation of equipment at the Facility by December 31, 2006 to reduce the total nitrogen that is discharged from the Facility to Narragansett Bay by 8%-10% below current levels. RIEDC is required to provide a report to RIDEM by January 31, 2008 demonstrating that the projected nitrogen reduction was achieved. On the other hand, if the projected nitrogen reduction is not achieved, RIEDC agreed to pay RIDEM the SEP credit for the project ($33,750.00). The Respondent paid the administrative penalty of $11,250.00 to RIDEM upon execution of the Consent Agreement. June 26, 2006 - OC&I/AIR File No. 04-03 re: FPLE Rhode Island State Energy, L.P. for property located at 24 Shun Pike in the Town of Johnston. On June 15, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control ("APC") Regulation No. 9, entitled "Air Pollution Control Permits". The violations pertained to Respondent's failure to comply with permit limitations set forth in Air Permit RI-PSD-6. Specifically, the facility exceeded cooling water/effluent permit limits for total suspended solids (5 mg/l limitation) on 97 occasions and fecal coliform bacteria (0 limitation) on 24 occasions. Additionally, the facility failed to notify DEM of its utilization of noncompliant effluent in their cooling towers 106 times. The facility continued to operate with the knowledge that they were not meeting their permit limitations and requirements. The DEM initially became aware of the violations during an April 2003 meeting between representatives of RIDEM's Office of Air Resources ("OAR") and the facility. RIDEM informed the Health Department of the noncompliance, and the facility shut down pending corrective measures that were subsequently instituted. There was one violation of the limit for fecal coliform after the facility informed OAR of the problem. Other violations were uncovered as a result of OC&I's review of written responses by the representatives of the facility to OAR's requests for further information. The NOV addressed a past period of noncompliance (from November 2002 until April 2003 with one additional violation in May 2003). The OC&I assessed an administrative penalty in the amount of $383,700.00. 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 enforcement action. As part of the settlement of this enforcement action, the parties agreed that the penalty assessed in the NOV would be reduced to $271,000.00 with $96,000.00 being submitted to the RIDEM in the form of a penalty payment and $175,000.00 being provided as an offset in accordance with Section 11 (c) of the RIDEM Rules and Regulations for the Assessment of Administrative Penalties. The offset is in the form of a grant to the Rhode Island Economic Development Corporation's wind energy feasibility study known as the Ocean State WINDS project. In addition, as part of the settlement, RIDEM agreed, based upon terms set forth in the Consent Agreement, to modify a portion of Respondent's major source permit, RI-PSD-6, within 30 days of execution of the Consent Agreement.

June 28, 2006 - OC&I/Freshwater Wetlands File No. C03-0267 re: David R. and Anne B. Ringland for property located immediately northeast of Stillwater Road, at utility pole 43, approximately 600 feet northwest of the intersection of Stillwater Road and Meadow View Drive, Assessor's Plat 46, Lot 101, in the Town of Smithfield. David and Anne Ringland own the property. On September 20, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to clearing, filling and constructing a garage and driveway within a 200 foot Riverbank Wetland associated with Harris Brook. The activities resulted in the unauthorized alteration of approximately 11,000 square feet of freshwater wetland. OC&I had previously issued a Notice of Intent to Enforce (NOI) to the Respondents on December 2, 2003 requiring restoration of the altered wetlands on the property. The Respondents failed to comply with requirements stated in the NOI. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $750.00. 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. The Respondents complied with the order portion of the NOV by replanting altered wetlands. The Respondents agreed to ensure the survival of all plantings within the restoration area, to allow the restored areas to revert to a natural wild condition, to seek written approval for any new alterations in wetlands not exempt under the Regulations, and to provide a plan to the OC&I that shows all alterations in regulated wetlands on the property. The Respondents agreed to pay an application review fee of $150.00 and to pay a penalty in the amount of $375.00. The fee and the penalty have been paid.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.