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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > February 2010 Summary

 
February 2010 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 2010. 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 addressed to Leanne DeCosta at 401-222-4700 ext. 7218, fax 401-222-3810.

Formal Enforcement Actions Issued:

February 2, 2010 - Air File No. 10-06 re: City of East Providence for a facility known as East Providence High School located at 2000 Pawtucket Avenue in the city of East Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of three (3) Hurst boilers with a heat input capacity of 10,500,000 BTU per hour without applying for or receiving a Minor Source Permit from RIDEM. The boilers have the capacity to burn #2 and #4 fuel oil and natural gas. The heat input of the boilers exceeds the 1,000,000 BTU per hour permitting threshold set forth in APC Regulation No. 9. On May 4, 2009 the Respondent submitted a permit application and associated fee to RIDEM for the boilers. The application stated that the boilers were installed on May 31, 2009. In the NOV, OC&I assessed an administrative penalty of $1,246.00.

February 16, 2010 - Solid Waste File No. 10-05 re: AKG, Inc. for property located at 102 Rose Hill Road in the town of South Kingstown. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act. The violation pertains to the unauthorized disposal of solid waste without a license or approval from RIDEM. On August 6, 2009 RIDEM inspected the property and observed approximately thirty one (31) cubic yards of solid waste deposited on the ground and partially buried, which consisted of leaves, plastic waste, tree waste, brush, tree stumps, chipped wood, landscape timbers and other mixed solid waste. RIDEM had issued an informal notice to the Respondent on December 13, 2007 for the unauthorized disposal of solid waste on the property. The Respondent submitted a letter to DEM on February 28, 2008 stating that all solid waste was removed and properly disposed. In the NOV, OC&I ordered the Respondent to remove and properly dispose of the waste. OC&I assessed an administrative penalty of $4,375.00.

February 17, 2010 - Air File No. 10-08 re: Home & Hospice Care of Rhode Island for a facility located at 1085 North Main Street in the city of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of a 191 HP oil fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The horsepower of the generator exceeds the 50 HP permitting threshold set forth in APC Regulation No. 9. On January 26, 2010 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. The application stated that the generator was installed on November 3, 2009. In the NOV, OC&I assessed an administrative penalty of $1,000.00.

February 17, 2010 - Air File No. 10-03 re: Level 3 Communications, LLC for facilities located at 275 Promenade Street and 375 Promenade Street in the city of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of fuel burning emergency generators at the facilities without applying for or receiving a Minor Source Permit from RIDEM. On December 3, 2008 the Respondent submitted a letter to DEM. The letter stated that an emergency generator was installed at 275 Promenade Street in calendar year 1998 with a maximum heat input of 8,200,000 BTU per hour and that an emergency generator was installed at 375 Promenade Street in calendar year 2000 with a maximum heat input of 8,000,000 BTU per hour. The heat input of the generators exceeds the 350,000 BTU per hour permitting threshold set forth in APC Regulation No. 9. As of the date of issuance of the NOV, the Respondent has failed to submit to DEM permit applications for the emergency generators. In the NOV, OC&I ordered the Respondent to submit applications for the generators (along with the associated fees). OC&I assessed an administrative penalty of $4,308.00.

Feburary 26, 2010 - Freshwater Wetland File No. C05-0235 re: Derek Keniston for property located approximately 50 feet west of North Woody Hill Road, 200 feet south of its intersection with Church Street, Utility Pole No. 2, Assessor's Plat 33, Lot 99 in town of Westerly. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of at least sand, gravel, and boulders), grading, and creating soil disturbance within a Forested Wetland. This activity resulted in the unauthorized alteration of about 3,400 square feet of freshwater wetland. The violation was first observed during an inspection of the property on November 2, 2005. DEM issued numerous written notices to the Respondent requiring him to restore the freshwater wetlands. The Respondent submitted a letter to DEM on June 23, 2006 stating that he was attempting to get the machinery to complete the restoration. To date, the freshwater wetlands have not been restored. In the NOV, OC&I ordered the Respondent to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $2,000.00.

Feburary 26, 2010 - Freshwater Wetland File No. C07-0058 re: Thayden and Linda Waltonen for property located approximately 400 feet northeast of Mishnock Road at Utility Pole No. 38.5/7, approximately 1,000 feet southeast of the intersection of Mishnock Road and Nooseneck Hill Road, Assessor's Plat 6, Lot 13-1 in town of West Greenwich. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of at least gravel), constructing portions of a building (storage unit), excavating to create a detention basin, and placing storage containers within 50 Foot Perimeter Wetland; clearing, filling (in the form of at least gravel and asphalt) and storing vehicles within a separate portion of 50 Foot Perimeter Wetland; clearing and filling (in the form of at least soil material and wood chips) within 100 Foot Riverbank Wetland, and discharging storm water into a Swamp via the unauthorized detention basin noted above. This activity resulted in the unauthorized alteration of about 29,300 square feet of freshwater wetlands. The violation was first observed during an inspection of the property on May 22, 2007. DEM issued a written notice to the Respondents on July 15, 2008 requiring them to restore the freshwater wetlands. To date, the freshwater wetlands have not been restored. In the NOV, OC&I ordered the Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $2,400.00.

Feburary 26, 2010 - Water Pollution File No. 10-010 re: Rhode Island Mall LLC, Boston KDM LLC and Brian J Kelly, III for a mall known as Rhode Island Mall located at 650 Bald Hill Road in the city of Warwick. Rhode Island Mall LLC is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001546. The permit authorizes the discharge of cooling tower blow down water associated with an air conditioning system for the mall to the Pawtuxet River. Rhode Island Mall LLC is also the holder of RIPDES Permit No. RI0023299. The permit authorizes the discharge of storm water from the parking lot for the mall to the Pawtuxet River. The Rhode Island Secretary of State's corporation's database lists the Rhode Island Mall LLC as an inactive corporation. The date of the Revocation Certificate was October 10, 2006. The record lists Boston KDM LLC as the manager of the corporation. The Rhode Island Secretary of State's corporation's database lists Boston KDM LLC as an inactive corporation. The date of the Revocation Certificate was October 10, 2006. The record lists Brian J Kelly III as the manager of the corporation. The permits require Rhode Island Mall LLC to monitor the discharges, summarize monitoring results obtained during the previous quarterly period and report the results to DEM in a Discharge Monitoring Report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. OC&I alleges that the Respondents are in violation of the permits, Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and RIPDES Regulations. The violation pertains to the failure to submit DMRs associated with the permit for the cooling tower blow down water for the following seven quarterly periods: October 1, 2006-December 31, 2006; July 1, 2007-September 30, 2007; July 1, 2008-September 30, 2008; October 1, 2008-December 31, 2008; January 1, 2009-March 31, 2009; April 1, 2009-June 30, 2009; and July 1, 2009-September 30, 2009. The violation also pertains to the failure to submit DMRs associated with the storm water permit for the following eight quarterly periods: October 1, 2006-December 31, 2006; January 1, 2007-March 31, 2007; April 1, 2007-June 30, 2007; October 1, 2007-December 31, 2007; April 1, 2008-June 30, 2008; January 1, 2009-March 31, 2009; April 1, 2009-June 30, 2009; and July 1, 2009-September 30, 2009. As of the date of the NOV, the Respondents have failed to submit the DMRs. In the NOV the Respondents were ordered to submit the DMRs. OC&I assessed an administrative penalty of $18,750.00.

Feburary 26, 2010 - Hazardous Waste File No. 2009-24 HW re: Marcel A. Payeur, Inc. and David Glazier for property located at 500 Wood Street in the town of Bristol. David Glazier operated an abrasive blasting and industrial coatings business under the d/b/a of "Steel Maintenance Company" on the property. Mr. Glazier identified himself as the project manager for Marcel A. Payeur, Inc. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertain to the unauthorized storage and disposal of hazardous waste. On February 11, 2009 DEM inspected the property and observed approximately thirty-three five gallon containers stored under a blue tarp on a loading dock. Several containers had product labels marked "flammable liquids" and had a strong solvent odor emanating from the containers. On March 5, 2009 the DEM inspector met Mr. Glazier at the property. The DEM inspector advised Mr. Glazier that the waste may meet the definition of a hazardous waste and, therefore, could not be disposed of as solid waste. Samples collected by the DEM inspector on March 5, 2009 confirmed that the waste met the definition of a hazardous waste. On March 19, 2009 DEM responded to a complaint received from the Rhode Island Resource Recovery Corporation alleging that a roll off container holding hazardous waste was shipped to the Central Landfill. The roll off container had five gallon and fifty-five gallon containers holding paint and lacquer waste mixed in with the solid waste. The driver of the truck that dumped the waste identified the source as the "Steel Maintenance Corporation" located at 500 Wood Street in the town of Bristol. Samples collected by DEM confirmed that the waste met the definition of hazardous waste. In the NOV, OC&I assessed a penalty in the amount of $28,046.56.

February 26, 2010 - Hazardous Waste File No. 2009-12 HW re: Tedor Pharma, Inc. for its facility located at 400 Highland Corporate Drive in the town of Cumberland. The facility is used for pharmaceutical manufacturing and product development. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertain to Respondent's failure to: determine if the waste generated onsite meets the definition of hazardous waste; label all satellite accumulation containers with the words "Hazardous Waste" and other words to describe the contents of the container; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; maintain adequate aisle space to allow for the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment; separate containers holding hazardous waste that are not compatible with other wastes and/or materials by means of a physical barrier or by location; store hazardous waste onsite for a period of time that does not exceed ninety days; complete and submit a Small Quantity Generator Report when required by DEM; submit to DEM a list of agents authorized by the company to sign uniform hazardous waste manifests for offsite shipments of hazardous waste; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; and provide training for all employees who manage hazardous waste. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations and assessed a penalty in the amount of $41,420.00.

February 26, 2010 - Hazardous Waste File No. 2009-23 HW re: Unique Plating Company for its facility located at 66 Mill Street in the town of Johnston. The facility is used for plating jewelry and other related items. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertain to Respondent's failure to: label each container, excluding satellite accumulation containers, holding hazardous waste with the words "Hazardous Waste", the name and address of the generating facility, the USDOT shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; conduct weekly inspections of container storage areas to look for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection of each hazardous waste storage area; keep containers holding hazardous waste closed except when adding or removing waste; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; and provide training for all employees who manage hazardous waste. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations and assessed a penalty in the amount of $30,398.00.

Formal Enforcement Cases Settled or Resolved:

February 5, 2010 - Water Pollution File No. WP09-099 re: A.B.C. Realty Company for property located at 39 Manton Avenue in the city of Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0023019. The permit authorizes the Respondent to discharge boiler blow down water and condensed steam from oil heaters to the Woonasquatucket River. The permit requires the Respondent to submit to RIDEM a quarterly Discharge Monitoring Report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. The Respondent is also required to submit to RIDEM an annual fee of $400.00 by July 15th of each year. On December 4, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Water Quality Regulations, RIDEM's RIPDES Regulations, and RIDEM's Rules and Regulations Governing the Establishment of Various Fees. The violation pertained to the late submittal of four DMRs for the periods of January 1, 2008-March 31, 2008; July 1, 2008-September 30, 2008; October 1, 2008-December 31, 2008; and January 1, 2009-March 31, 2009, and the failure to submit a DMR report for the period of April 1, 2009-June 30, 2009. The four DMR reports were submitted on August 26, 2008 (due April 15, 2008), February 17, 2009 (due October 15, 2008), February 17, 2009 (due January 15, 2009), and July 21, 2009 (due April 15, 2009), respectively. The violation also pertained to the failure to submit the $400.00 annual fee to RIDEM. In the NOV, OC&I ordered the Respondent to submit the DMR report for the period of April 1, 2009-June 30, 2009, a statement identifying the cause(s) of the reporting violations and steps taken to ensure future compliance and payment of the $400.00 annual fee. OC&I assessed an administrative penalty of $5,500.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent complied with the order portion of the NOV. In lieu of proceeding to Superior Court to enforce the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $3,000.00 in two installments of $1,500.00. The first installment was paid upon execution of the Agreement.

February 9, 2010 - Septic System License No. D3051 re: Kamal Hingorany. The Respondent is currently licensed by RIDEM as a Class III onsite wastewater treatment system (OWTS) designer. On November 21, 2007 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to errors and omissions on plans submitted to RIDEM on three (3) OWTS designs. On September 26, 2000, the Respondent submitted to RIDEM three OWTS applications and plans for alterations to OWTSs located on Neck Road and Main Road in the Town of Tiverton. The applications were returned unacceptable due to lack of information. The Respondent resubmitted the applications which were approved by RIDEM in November and December 2000. The OWTSs were not installed and the approvals expired in November and December 2005. On June 19, 2006, the Respondent resubmitted the alteration applications. The plans for each application did not show any public wells. RIDEM approved one of the applications in July 2006. Following additional review on the remaining applications, RIDEM questioned the lack of information regarding public wells and returned the applications. On January 5, 2007, the Respondent resubmitted all three applications to RIDEM. The plans now showed three public wells on nearby lots that included commercial businesses identified as Four Corners Grill, Provender, and Gray's Ice Cream. The previous plans submitted to RIDEM showed the existing well for Provender; however, the well was identified as a private well. The plans showed that the public wells for Provender and Four Corners Grill were within 400 feet of the proposed OWTS and the Respondent requested a variance from the requirement in the OWTS Regulations for a 400 foot setback from a public well for any component of an OWTS. RIDEM received documents from the RI Department of Health that showed that the public wells for Provender, Gray's Ice Cream, and Four Corners Grill have been active since 1982, 1985, and 1997, respectively. The findings of the RIDEM review of the OWTS applications were presented to the OWTS Designer Licensing Review Panel. The Panel is appointed by the Director and recommended to RIDEM that the Respondent's license be suspended for six (6) months. On June 22, 2007 OC&I issued to the Respondent a Notice of Intent to Suspend or Revoke Respondent's License #D3051. On September 5, 2007 a preliminary hearing was held by the OC&I. The OC&I determined that the Respondent failed to show cause why RIDEM should not suspend Respondent's license. In the NOV, OC&I ordered that the Respondent's license be suspended for a period of six (6) months and assessed an administrative penalty of $3,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent's license will be suspended beginning February 10, 2010 and shall remain suspended for a period of one (1) month until March 10, 2010. The Respondent also agreed to pay an administrative penalty of $5,000.00, which was paid upon execution of the Agreement, and agreed to place an advertisement in the Business Section of the Providence Sunday Journal within thirty (30) days that includes specific language as to the settlement.

February 19, 2010 - Solid Waste File No. 06-006 re: Patriot Hauling Company, Inc. and Joseph L. & Nina Vinagro for property located at 114 Shun Pike, Assessor's Plat 32, Lots 11, 12, and 17 in the town of Johnston. On May 23, 2008 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act and RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities (Solid Waste Regulations). The violations pertained to Respondents' disposal of solid waste at other than a solid waste management facility licensed by the RIDEM including land filling of waste, operating an unlicensed solid waste management facility including processing of construction and demolition debris, operating a facility that accepts or stores co-mingled recyclable materials including wood waste and construction and demolition debris without obtaining a license, registration or approval from the RIDEM, accepting or storing co-mingled recyclable materials and operating outside the confines of a closed structure without obtaining a license, registration or approval from the RIDEM and operating a facility that processes more than 50 tons of construction and demolition debris per day without first registering with the RIDEM and complying with the Solid Waste Regulations. In the NOV, the OC&I ordered Respondents to cease accepting solid waste at the facility and remove all solid waste to a licensed solid waste management facility. A penalty in the amount of $300,000.00 was assessed for Respondents' noncompliance. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to file an application with RIDEM to operate a construction and demolition debris processing facility and/or transfer station at the property. OC&I agreed to allow the Respondents to operate on an interim basis in accordance with an Interim Operating Plan as amended in the Consent Agreement during the period that the license application is pending and during the pendency of any appeals relating to the application. The Interim Operating Plan has the following restrictions: the Respondents are not authorized to accept municipal solid waste other than construction and demolition debris at the property; all municipal solid waste that is collected by the Respondents shall be delivered directly to a facility that is licensed for the acceptance of such waste; all unrecognizable waste or solid waste mixed with construction and demolition debris delivered to the facility shall be segregated, loaded into containers, and delivered to a facility that is licensed for the acceptance and management of that waste; Respondents shall not grind, shred, or crush any construction and demolition debris or other solid waste, except for (1) source segregated wood or tree waste or (2) construction and demolition debris that is crushed through the normal separating process; the Respondents shall not employ any technique that renders individual waste components of the construction and demolition debris unrecognizable; the Respondents shall not landfill any construction and demolition debris or other solid waste on the property; and the Respondents shall not supply end users with any adulterated wood (including painted, treated, or coated wood products, or chips from the shredding of such materials) to avoid the presence of adulterated wood products in customer grade mulch, but this restriction shall not be deemed to prohibit the Respondents from supplying adulterated wood products to facilities, including out-of-state power plants that are allowed to accept such material. The Respondents also agreed to pay an administrative penalty of $75,000.00 and perform a Supplemental Environmental Project (SEP) valued at $75,000.00 as full settlement of the penalty. The administrative penalty is to be paid in three installments of $25,000.000. The first installment was paid upon execution of the Agreement. The SEP involves financial and in-kind support for various Earth Day clean up projects undertaken by independent third party organizations throughout Rhode Island in calendar years 2010 and 2011. Maximum funding for any single project is limited to $2,000.00. Projects shall be solicited and selected for funding by a panel consisting of one person from RIDEM, one person selected by the Respondents, and one person from an independent organization selected jointly by RIDEM and the Respondents.

Februaru 23, 2010 - Site Remediation File No. 2009-1 SR re: 645 Realty Associates, LLC for property located at 645 Narragansett Park Drive, Assessor's Plat 41, Lot 341 in the city of Pawtucket. The property is owned by 645 Realty Associates, LLC. The property was previously owned by RIBCO Mfg, Inc. and was transferred to 645 Realty Associates, LLC on November 17, 2004. On October 27, 2004 RIDEM's Office of Waste Management (OWM) received a copy of an Environmental Land Use Restriction (ELUR) executed on October 27, 2004 by RIBCO Mfg, Inc. and recorded in the land evidence records. The ELUR includes terms and provisions to prevent exposure to or migration of hazardous substances in the soil on the property and to abate hazards to human health and/or the environment. On October 28, 2004 OWM issued a Remedial Approval Letter and Letter of Compliance to RIBCO Mfg. Inc. approving the remedial actions described in the ELUR. The ELUR requires the Respondent to conduct annual inspections of the property and submit an evaluation report detailing the findings of the inspection to OWM. On August 17, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The violation pertained to the failure to submit annual evaluation reports for 2005, 2006, 2007 and 2008. In the NOV, OC&I ordered the Respondent to take actions to bring the property into compliance with the ELUR and assessed an administrative penalty of $6,473.00. The Respondent filed an appeal of the NOV with AAD. On January 25, 2010 the Respondent submitted a report to RIDEM to comply with the NOV. The report included a corrective action plan to bring the property into compliance with the ELUR. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to complete the corrective action work within sixty days and pay an administrative penalty of $2,336.00. The penalty was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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