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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > January 2007 Summary

 
January 2007 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 January 2007. 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:

January 5, 2007 - OC&I/Septic System File No. CI 02-69 re: Equivest, LLC for property located at 338 Post Road, Assessor's Plat 293, Lot 183 in the City of Warwick. A 2-bedroom single family dwelling exists on the property and is owned by the Respondent. The Respondent acquired the property on December 16, 2005. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). On April 1, 2002 an inspector from OC&I conducted an inspection of the property and found that sewage was evident on the ground surface from the individual sewage disposal system (ISDS) for the dwelling. On April 1, 2002, OC&I issued a Notice of Intent to Enforce (NOI) to Walter E. Reineke and Iola E. Reineke, the previous owners of the property. The previous owners failed to comply with the NOI. On August 22, 2006, an inspector from OC&I attempted to inspect the property. No one was home to allow for an inspection, and the inspector noted that the property was for sale. On September 25, 2006 the OC&I inspector spoke with the realtor selling the property on behalf of Respondent. The realtor advised the inspector that the Respondent was aware of the NOI and was going to have a new ISDS installed prior to closing on the property. To date, the Respondent has not complied with the NOI. In the NOV OC&I ordered the Respondent to have the ISDS evaluated by a licensed designer to determine the cause of the failure and repair the ISDS, if necessary. Since the Respondent in this matter did not cause the violation, no penalty was assessed.

January 8, 2007 - OC&I/Septic System File No. CI 98-91 re: Patricia A. Correia and Margaret A. Thiel for property located at 50 Vanderbilt Road, Assessor's Plat 322, Lot 16 in the City of Warwick. A single family dwelling exists on the property and is owned by the Respondents. OC&I alleges that the Respondents are in violation of RIDEM's ISDS Regulations. On May 13, 1998 OC&I inspected the property and found that sewage was evident on the ground surface from the individual sewage disposal system (ISDS) for the dwelling. On July 13, 1998 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondents. The Respondents failed to comply with the NOI. On March 15, 2006 OC&I issued a second NOI to the Respondents. The Respondents failed to comply with the second NOI. In the NOV OC&I ordered the Respondents to have the ISDS evaluated by a licensed designer to determine the cause of the failure and connect to the public sewers if the designer determines that the ISDS requires repair. OC&I assessed an administrative penalty of $600.00.

January 8, 2007 - OC&I/Septic System File No. CI 90-43 re: Regina Johnson for property located at 20/22 Highland Avenue, Assessor's Plat 104, Lot 77 in the Town of Coventry. The property contains a 6-bedroom single family dwelling and is owned by the Respondent. OC&I alleges that the Respondent is in violation of the RIDEM's ISDS Regulations. On June 8, 2004, OC&I inspected the property and found that the individual sewage disposal system (ISDS) for the dwelling was failed (based on the observation that the inlet pipe of the ISDS was submerged) and that laundry waste was evident on the ground surface. On June 8, 2004 OC&I issued a Field Notice of Intent to Enforce (Field NOI) to a tenant at the dwelling. In response to the Field NOI the Respondent submitted a letter to OC&I on June 21, 2004 stating that the ISDS was pumped and the laundry discharge was disconnected. OC&I advised the Respondent in a letter dated 27 August 2004 that the Respondent had to retain a licensed designer to evaluate the ISDS to determine the cause of the ISDS failure and repair the ISDS, if necessary. The Respondent failed to comply with the letter. On September 20, 2006 OC&I inspected the property and found that the ISDS was again failed. A second Field NOI was issued to the Respondent. To date, the Respondent has failed to comply with the second Field NOI. In the NOV OC&I ordered the Respondent to have the ISDS evaluated by a licensed designer to determine the cause of the failure, determine what action will be necessary to address the laundry discharge, and repair the ISDS, if necessary. OC&I assessed an administrative penalty of $1,200.00.

January 9, 2007 - OC&I/Septic System File No. CI 92-87 re: Suburban Cleaners, Inc. for property located at 4130 Old Post Road, Assessor's Plat 13, Lot 43 in the Town of Charlestown. The property includes a commercial building containing a laundromat and is owned by the Respondent. OC&I alleges that the Respondent is in violation of RIDEM's ISDS Regulations. On September 20, 2004, OC&I inspected the property and found that the individual sewage disposal system (ISDS) for the laundromat was not properly maintained. On September 20, 2004 OC&I issued a Field Notice of Intent to Enforce (Field NOI) to Susan Gavitt, the manager of the property. The Respondent failed to comply with the Field NOI. On March 22, 2005 OC&I inspected the property and found that sewage was evident on the ground surface and that several of the ISDS covers were broken. On March 22, 2005 OC&I issued a second Field NOI to Donna Green, an employee of the Respondent. On April 15, 2005 the Respondent submitted a letter to OC&I stating that the broken ISDS covers had been replaced and that a meeting with a licensed designer was being arranged. The Respondent failed to comply with the second Field NOI. Follow up inspections by OC&I on June 25, 2005 and June 26, 2006 found that sewage continued to be discharged to the ground surface. DEM had previously cited the Respondent for failures of the ISDS in 1992 and 2000. The ISDS was repaired in 1993, and subsequently failed again in 2000. The DEM regulations in effect since at least June 1992 prohibit use of an ISDS for all new commercial laundromats [although existing laundromats are allowed to repair a failed ISDS]. In the NOV, given the history of the property, OC&I ordered the Respondent to immediately and permanently cease the use of the laundromat at the property. The Respondent was also ordered to submit an Application for System Suitability Determination prior to the change of use of the property to other than a laundromat to determine whether the ISDS is adequate for the proposed use. OC&I assessed an administrative penalty of $3,700.00.

January 10, 2007 - OC&I/Septic System File No. CI 06-166 re: Point View Properties, LLC for property located at 379 Douglas Pike, Assessor's Plat 42, Lot 8 in the Town of Smithfield. The property includes seven separate apartment buildings identified as Buildings 1-7 and is owned by the Respondent. OC&I alleges that the Respondent is in violation of the RIDEM's ISDS Regulations. On February 16, 2006 OC&I inspected the property and found that sewage was evident on the ground surface and in an adjacent swamp from the individual sewage disposal system (ISDS) for Building 7. On February 16, 2006 OC&I left a Field Notice of Intent to Enforce (Field NOI) at the office door. On that same day the Respondent submitted a letter to OC&I stating that the ISDS was pumped and that a licensed designer was contacted to inspect the ISDS. The Respondent failed to comply with the Field NOI. Follow up inspections on February 20, 2006, March 10, 2006, September 5, 2006 and November 30, 2006 found that sewage was again evident on the ground surface. The inspection on February 16, 2006 also revealed that the ISDS for Buildings 1-6 was failed based on the observation that the distribution box for the ISDS was filled with solids. The Respondent provided receipts to OC&I showing that the ISDS for Building 7 was pumped on approximately 20 separate dates from February through December 2006; however, no action was taken to evaluate the ISDS to determine the cause of the failure or repair the ISDS, if necessary. In the NOV, OC&I ordered the Respondent to have the ISDS for Buildings 1-6 and Building 7 evaluated by a licensed designer to determine the cause of the failures and repair the ISDSs, if necessary. OC&I assessed an administrative penalty of $6,200.00.

January 11, 2007 - OC&I/UST File No. 06 - 00912 re: Motiva Enterprises, LLC and M.H.W., Inc. for property located at 200 Union Avenue, Assessor's Plat 42, Lot 47 in the City of Providence. The Respondents are owners and/or operators of five underground storage tanks ("USTs") that are located on the property consisting of three 12,000-gallon gasoline USTs, one 1,000-gallon waste oil UST and one 1,000-gallon No. 2 Heating Oil UST. The OC&I alleges that the Respondents are 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 Respondents' failure to test the line leak detectors for their gasoline USTs during each of the years 2000 and 2002, failure to maintain spill containment basins free of liquids or debris on one of the gasoline USTs and the Waste Oil UST and failure to equip three of their tank field observation wells with tamper resistant covers. The OC&I issued a Letter of Noncompliance ("LNC") to Respondents on 8 May 2006 informing Respondents of the noncompliance and requirement to correct the violations. Attempts to contact the Respondents following issuance of the LNC to resolve the violations were unsuccessful. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $3,492.00.

January 18, 2007 - OC&I/UST File No. 06 - 03419 re: Mutual Properties 1245 Jefferson, LLC ("Mutual") and S B Automotive Enterprises, LLC ("SB") for property located at 1245 Jefferson Boulevard, Assessor's Plat 268, Lot 241 in the City of Warwick. Respondent Mutual is the owner of the property as of 28 December 2005. Respondent SB was the owner of the property from 29 April 2003 until 28 December 2005. Respondent Mutual is the owner and operator of one 3,000-gallon UST on the property. The OC&I alleges that the Respondents are in violation of the UST Regulations. The violations pertain to the abandonment of a UST and failing to permanently close a UST that was removed from service for more than 180 days. In June of 2003, a representative of Respondent SB informed the DEM that the UST on the property had been out of service since Respondent SB purchased the property. The representative of Respondent SB was informed that abandonment of USTs was prohibited by the UST regulations and that the tank must be removed from the ground and the UST site permanently closed. On 28 December 2005, the OC&I issued a NOV to Respondent SB for violating UST Rule 8.03 when Respondent SB failed to comply with the UST self certification requirements for UST facilities. Respondent SB failed to file an appeal of the NOV and failed to comply with the requirements of the 28 December 2005 NOV. On 28 December 2005, Respondent Mutual took title to the property. Respondents Mutual and SB failed to submit a Transfer of Certificate of Registration to the DEM pursuant to UST Rule 16.00. The UST on the property remains in an abandoned state since at least April 2003. In the NOV, the OC&I is ordering Respondent Mutual to permanently close the UST on the property. A penalty in the amount of $4,000.00 is being assessed against the Respondents for their noncompliance.

January 18, 2007 - OC&I/Water Pollution File No. 07 - 01 re: City of Cranston, Veolia Water North America Operating Services, LLC, Chapel Associates, LLC and Carpionato Properties, Ltd. The City of Cranston (Cranston) is the owner of the Cranston Wastewater Treatment Facility (Facility). The Facility receives wastewater through a sanitary sewer collection system (Collection System) that includes an 18 inch gravity sewer located near Sockanosset Crossroad ("18 inch gravity sewer") in Cranston. Cranston is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0100013. The permit authorizes Cranston to discharge treated sanitary wastewater from the Facility to the Pawtuxet River. The RIPDES permit does not authorize any other discharges from the Facility or the Collection System. On July 19, 1985 DEM approved a plan submitted by Cranston, entitled "Cranston Water Control Facility, Operation and Maintenance Manual". The manual requires that all problems within the Collection System must be corrected on a timely basis, including cleaning of sewer lines, repairing or replacing damaged pipe and manholes, and other work to maintain continuous and safe service to users. Veolia Water North America Operating Services, LLC (Veolia) operates the Facility and the Collection System for Cranston. Chapel Associates, LLC (Chapel) owns property located at the intersection of New London Turnpike and Sockanosset Crossroad, Assessor's Map 14, Lot 1, in Cranston (property). The property includes an easement, owned by Cranston, for a section of the Collection System. Carpionato Properties, Inc. (Carpionato) is presently engaged in developing the property for residential and commercial use. OC&I alleges that Chapel and Carpionato are in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and that Cranston and Veolia are in violation of the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's RIPDES Regulations. The violations pertain to the discharge of 205,000 gallons of wastewater from the 18 inch gravity sewer at a location near the intersection of New London Turnpike and Sockanosset Crossroad in Cranston on February 11, 2005, the discharge of 25,000 gallons of wastewater from the same 18 inch gravity sewer on February 16, 2005, and the discharge of 2,090,000 gallons of wastewater from the 18 inch gravity sewer east of Midway Road in Cranston on October 15, 2005. The wastewater on each date entered storm water catch basins located adjacent to the roadways, the Pocasset River, and an unnamed tributary to the Pawtuxet River. OC&I alleges that the February 11, 2005 and February 16, 2005 wastewater discharges were caused by a blockage of large rock debris within the 18 inch gravity sewer that entered the sewer through a manhole within the easement on the property owned by Chapel and being developed by Carpionato. Investigation by Veolia revealed that the manhole frame and cover had been removed and covered with plywood and rock debris similar to the material found in the 18 inch gravity sewer. Upon information and belief, Chapel or Carpionato failed to perform or supervise the performance of the construction activities on the property to prevent damage to the sewer and manhole and to prevent foreign materials from entering the manhole. OC&I alleges that the October 15, 2005 wastewater discharge was caused by a blockage of large rock debris with the 18 inch gravity sewer on Midland Road in Cranston and the subsequent collapse of a corroded upstream section of the gravity sewer due to pressure from the surcharged wastewater. Upon information and belief, Cranston and Veolia failed to properly inspect and clean the 18 inch gravity sewer of all rock debris after the February 2005 overflows and failed to take any steps to assess, repair or replace the corroded section of the gravity sewer that was identified as part of the investigation of the February 2005 overflows. In the NOV Cranston was ordered to assess the structural integrity of the Collection System from the section of the gravity sewer that collapsed to the Pontiac Avenue Wastewater Pump Station. OC&I assessed an administrative penalty of $25,000.00 to Chapel and Carpionato and assessed an administrative penalty of $25,000.00 to Cranston and Veolia.

January 23, 2007 - OC&I/Water Pollution File No. 07 - 03 re: Nicholas E. Cambio, Catapult Realty LLC, Commerce Park Associates LLC, Commerce Park Associates 1 LLC, Commerce Park Associates 2 LLC, Commerce Park Associates 4 LLC, Commerce Park Associates 6 LLC, Commerce Park Associates 8 LLC, Commerce Park Associates 9 LLC, Commerce Park Associates 16 LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, Commerce Park Realty LLC, Grandeville at Greenwich Limited Partnership, Universal Properties Group Inc., Universal Trucking and Equipment Leasing Inc. for an approximately 480 acre parcel of land located north of Interstate 95 in the Town of West Greenwich, west of Arnold Road and New London Turnpike in the Town of Coventry, east of Hopkins Hill Road in the Town of Coventry and south of King Street in the Town of Coventry (also known as "the Centre of New England"). The Respondents are owners of property within the Centre of New England or developers of property within the Centre of New England or both. OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, the DEM Water Quality Regulations, the Freshwater Wetlands Act, and the DEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the discharge of storm water containing soil to waters of the State identified as Tiogue Lake, Little Tiogue Lake, Lake George, Rope Walk Pond, the stream tributary to Rope Walk Pond, Rope Walk Brook, and the stream tributary to Lake George in a concentration that caused turbidity to the State waters in violation of the State water quality standards and the deposition of sediment within the State waters. The violations were observed on the following dates: March 28, 2000, May 24, 2000, November 10, 2000, March 21, 2001, March 22, 2001, March 30, 2001, April 2, 2001, April 3, 2001, December 18, 2003, November 16, 2004, December 7, 2004, March 29, 2005, September 14, 2005, October 15, 2005, October 17, 2005, October 18, 2005, October 20, 2005, January 19, 2006, January 20, 2006, February 3, 2006, May 15, 2006, August 18, 2006, October 28, 2006, and October 30, 2006. As a result of the violations that OC&I documented from March 21, 2001 through April 3, 2001 DEM filed a complaint in Superior Court against Commerce Park Commons LLC, Catapult Realty LLC, Commerce Park Properties LLC, and Commerce Park Realty LLC. The Respondents performed extensive work on the parcels to install temporary erosion/sediment controls that was completed as of November 2001. The Respondents filed an application with the RIDEM for a Rhode Island Pollutant Discharge Elimination System ("RIPDES") permit for the Centre of New England. On May 5, 2003 RIDEM issued a RIPDES permit to Commerce Park Associates. The RIPDES permit authorized Commerce Park Associates to discharge storm water from the Centre of New England to the waters of the State in accordance with the conditions of the RIPDES permit. The RIPDES permit prohibited the discharge of storm water in concentrations that violated the State water quality standards. On September 7, 2004 RIDEM issued a freshwater wetland permit to Commerce Park Realty LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, and Commerce Park Associates 4 LLC to construct a mixed use commercial development along Centre of New England Boulevard within the Centre of New England. On November 30, 2004 RIDEM issued a freshwater wetland permit to Commerce Park Realty LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, and Commerce Park Associates 8 LLC to construct a 311 unit condominium community within the Centre of New England. The freshwater wetland permits required the proper installation of erosion/sediment controls to control erosion and prevent soil transport into freshwater wetlands not subject to disturbance under the permits. The inspections performed by OC&I from December 18, 2003 through October 30, 2006 found that the Respondents failed to comply with the RIPDES permit and the freshwater wetland permits. In the NOV the Respondents were ordered to comply with the RIPDES permit and freshwater wetland permits, assess the impacts of sedimentation to the State waters, and restore the affected water bodies if required to do so by OC&I. OC&I assessed an administrative penalty in the amount of $430,000.00.

January 31, 2007 - OC&I/Water Pollution File No. 07 - 02 re: Louise J. Cardi for property located on Arnold Road, Assessor's Plat 14, Lot 1 in the Town of Coventry. The property is a former gravel area and the Respondent is the former owner of the property. The Respondent owned the property from February 24, 1995 to March 28, 2003. The Respondent granted an easement or license to Commerce Park Properties LLC (CPP) on or about August 20, 1999 to grade, cut, move, and otherwise disturb the property in preparation for development. OC&I alleges that the Respondent is in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, the Freshwater Wetlands Act, and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the discharge of storm water containing soil to waters of the State identified as Rope Walk Brook and Tiogue Lake in a concentration that caused turbidity to the State waters in violation of the State water quality standards and the deposition of sediment within the State waters on the following dates: January 28, 1997, February 5, 1997, August 21, 1997, March 19, 1998, March 28, 2000, May 24, 2000, November 10, 2000, March 21, 2001, March 22, 2001, and March 30, 2001. On October 26, 2001 a receiver was appointed by the bankruptcy court for the Respondent. On March 31, 2003 the receiver filed a report with the bankruptcy court on the resolution of the bankruptcy case. The receiver stated that the property was sold to CPP and the Respondent received Four Hundred Thousand Dollars ($400,000.00) from CPP. In the NOV the Respondent was ordered to assess the impacts of sedimentation to Tiogue Lake and Rope Walk Brook downstream of Arnold Road and restore the affected water bodies if required to do so by OC&I. OC&I assessed an administrative penalty in the amount of $143,750.00.

Formal Enforcement Cases Settled or Resolved:

January 04, 2007 - OC&I/Septic System File No. CI 04 - 257 re: Ralph J. Marasco, Jr. and Maria A. Marasco for property located at 21 Rhode Island Avenue, Assessor's Plat T, Lot 15 in the Town of Narragansett. The property includes a single family dwelling and is owned by the Respondents. On August 24, 2006 OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to a failed individual sewage disposal system (ISDS) for the dwelling and the discharge of sewage to the ground surface. 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 to repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $1,200.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to repair the failed ISDS and pay an administrative penalty of $600.00. The penalty was paid upon the execution of the Consent Agreement.

January 05, 2007 - OC&I/Water Pollution File No. 05 - 12 re: Scituate Leasing Corporation. The Respondent is a registered business in the State of Rhode Island that provides equipment rental and leasing services. On December 7, 2005, OC&I issued a NOV to the Respondent alleging certain violations of the Water Pollution Act, the Oil Pollution Control Act, RIDEM's Water Quality Regulations, and RIDEM's Oil Pollution Control Regulations. The violations pertained to the release or discharge of petroleum onto or beneath the land surface and into the waters of the State and the failure to undertake remedial requirements following a release of oil. On May 13, 2005 OC&I emergency response staff responded to a report of a diesel fuel spill from a traffic accident located at the intersection of Gleaner Chapel Road and Hartford Avenue in the Town of Scituate. A total of approximately 120 gallons of diesel fuel spilled from the punctured fuel tanks of the trucks and mixed with approximately 6,000 gallons of water spilled from the punctured water tank trailer, mixed with the diesel fuel and entered into a nearby storm drainage system and two unnamed ponds on property identified as the Polseno Farm. OC&I offered the Respondent the opportunity to pay for the remediation and clean up of the spill. The Respondent refused to take responsibility resulting in OC&I hiring clean up contractors to prevent further damage and to clean up the spill. OC&I ordered the Respondent to reimburse RIDEM for the funds expended in the investigation and remediation of the diesel contamination (in the amount of $34,578.37) and assessed a penalty in the amount of $8,750.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent reimbursed RIDEM $34,328.37 for the cost incurred by the State in hiring an environmental contractor to cleanup the diesel fuel released to the land and waters of the State. The Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a pay an administrative penalty of $4,000.00 in monthly installments of $500.00. The first payment of $500.00 was paid upon the execution of the Agreement.

January 18, 2007 - OC&I/Septic System File No. CI 92-86 re: Karen E. Binder and Frederick L. Orwiler for property located at 126 Quaker Avenue, Assessor's Plat 6-6, Block 64, Card 1 in the Town of Tiverton. The property includes a 3-bedroom single family dwelling and is owned by the Respondents. On August 31, 2006 OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage from the individual sewage disposal system (ISDS) for the dwelling to the ground surface. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflow 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 $2,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to repair the failed ISDS and pay an administrative penalty of $1,600.00 in 2 installments of $800.00 each. The Respondents paid the first installment upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None resolved this month.

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rev. 1/18/07