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

 
July 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 July 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:

July 10, 2007 - OC&I/Solid Waste File No. 07-004 re: Roy P. Watmough, Jr. for property located at 591 Snake Hill Road, Assessor's Plat 18, Lot 6 and at the northerly end of Watmough Way, Assessor's Plat 18, Lot 1 in the Town of Glocester. The Respondent operates a camp ground at the Snake Hill Road property. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act. The violation pertains to Respondent's disposal of approximately 1,463 cubic yards of mixed solid waste at the Watmough Way property consisting of furniture, plastic, scrap metal, construction and demolition debris, white goods, household refuse, deteriorated pallets, propane cylinders, damaged and discarded wood picnic tables, abandoned trailers, a damaged boat and tree waste. The OC&I had previously investigated the Snake Hill Road property in response to a complaint and discovered 14 cubic yards of solid waste on that property. The waste consisted of a damaged camper, construction and demolition debris, propane tanks, a discarded trailer and other mixed solid waste. On August 29, 2006 the OC&I issued a Letter of Noncompliance to the Respondent for the Snake Hill Road property, and the Respondent subsequently removed the solid waste identified in the LNC. During the initial investigation, the Respondent did not bring the waste deposited on the Watmough Way property to the attention to the OC&I investigator. The solid waste on the Watmough Way property was uncovered during a complaint investigation on February 12, 2007. In the NOV, the OC&I ordered the Respondent to remove all solid waste to a licensed solid waste management facility and assessed a penalty in the amount of $7,500.00 for Respondent's noncompliance. The Respondent has filed an appeal of the NOV with the AAD.

July 10, 2007 - OC&I/AIR File No. 07 - 06 re: T. Miozzi, Inc. for property located at 75 Airport Road in the Town of Coventry. The Respondent operates an asphalt plant on the property that is subject to RIDEM's Air Pollution Control ("APC") Regulations. The OC&I alleges that the Respondent is in violation of APC Regulation No. 9 entitled "Air Pollution Control Permits". The violation pertains to Respondent's failure to obtain a permit from RIDEM's Office of Air Resources ("OAR") prior to Respondent's installation of an Astec baghouse at the asphalt plant. The Respondent was in possession of a permit from the OAR that authorized the use of different type and size baghouse; however, the Respondent installed the new baghouse without obtaining prior authorization from the OAR. On November 28, 2006 the OAR issued a Notice of Alleged Violation to the Respondent for its failure to obtain the necessary permit. The Respondent obtained the required permit on April 12, 2007. In the NOV, the OC&I assessed a penalty in the amount of $1,060.00 for Respondent's noncompliance.

July 10, 2007 - OC&I/AIR File No. 07 - 07 re: Coventry Asphalt, LLC for property located at 75 Airport Road in the Town of Coventry. The Respondent operates an asphalt plant on the property that is subject to RIDEM's Air Pollution Control ("APC") Regulations. The OC&I alleges that the Respondent is in violation of APC Regulation No. 9 entitled "Air Pollution Control Permits". The violation pertains to Respondent's failure to obtain a permit from RIDEM's Office of Air Resources ("OAR") prior to Respondent's installation of an Astec baghouse at the asphalt plant. The Respondent was in possession of a permit from the OAR that authorized the use of different type and size baghouse; however, the Respondent installed the new baghouse without obtaining prior authorization from the OAR. On January 4, 2007 the OAR issued a Notice of Alleged Violation to the Respondent for its failure to obtain the necessary permit. The Respondent obtained the required permit on April 12, 2007. In the NOV, the OC&I assessed a penalty in the amount of $1,150.00 for Respondent's noncompliance.

July 10, 2007 - OC&I/AIR File No. 07 - 02 re: Teknicote, Inc. for its facility located at 2 Titus Street in the Town of Cumberland. The Respondent operated/operates an organic solvent cleaning machine using trichloroethylene ("TCE") at the facility. TCE is a listed air contaminant in RIDEM's Air Pollution Control ("APC") Regulation No. 22 entitled, "Air Toxics". EPA has listed TCE as a hazardous air pollutant ("HAP") pursuant to the Federal Clean Air Act (42 U.S.C. 7412, Section 112(b)). Pursuant to the Emergency Planning and Community Right-To-Know Act (40 CFR Part 372), also called the Toxics Release Inventory (TRI), Respondent's emissions, transfers and waste management data for TCE must be reported annually to RIDEM and the EPA. Respondent's facility is a stationary source of air pollutants subject to the APC Regulations. Respondent's organic solvent cleaning machine is subject to APC Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". On or about November 1, 1993 RIDEM's Office of Air Resources ("OAR") issued a permit to the Respondent pertaining to Respondent's TCE solvent cleaning machine and solvent recovery system to control emissions. The OC&I alleges that Respondent violated APC Regulation No. 36 and APC Regulation No. 9 entitled "Air Pollution Control Permits". The violations pertain to Respondent's failure to maintain compliance with its 275 pound per month TCE emission limitation on a 12-month rolling average (i.e., not to exceed 3,300 pounds per year) as a result of Respondent's having reported annual TCE air emissions of 17,054 to 19,200 pounds in 2000; 11,309 to 11,880 pounds in 2001; 6,102 to 6,700 pounds in 2002; 5,773 to 8,580 pounds in 2003; 9,240 pounds in 2004 and 7,925 pounds in 2005; failure to comply with multiple record keeping and reporting requirements; and failure to demonstrate that the vapor degreaser's carbon adsorber was compliant with requirements set forth in APC Regulation No. 36. In the NOV, the OC&I ordered the Respondent to demonstrate compliance with the applicable APC Regulations or permanently shut down Respondent's degreaser. A penalty in the amount of $63,489.00 was assessed for Respondent's noncompliance. The Respondent has filed an appeal of the NOV with the AAD.

July 17, 2007- OC&I/Water Pollution File No. 07- 09 re: Town of Middletown. The Town of Middletown is the owner and operator of a wastewater collection system that includes but is not limited to the Wave Avenue Pumping Station. The Wave Avenue Pumping Station is located near the intersection of Wave Avenue and Memorial Boulevard in Middletown. It conveys wastewater from the Wave Avenue Pumping Station through a pressurized pipe located beneath Bellevue Avenue to a gravity pipe located beneath the intersection of Bellevue Avenue and Memorial Boulevard in the City of Newport. The OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertains to the discharge of untreated or partially treated wastewater to the waters of the State from the rupture of the pressurized pipe. Middletown submitted written reports to OC&I documenting that the pressurized pipe had ruptured on three occasions over a period of fourteen months (May 22, 2005; December 13 and 14, 2005; and July 11 and 12, 2006) that resulted in the discharge of partially treated wastewater to Easton's Bay. On July 11 and July 12, 2006 the discharge resulted in the closure of a public beach (Easton's Beach) for three days, the closure of a private beach (Atlantic Beach Club) for at least three days, and the closure of approximately three hundred acres of Easton's Bay to shellfishing for four and one half days. On August 2, 2006 the OC&I issued an Immediate Compliance Order ("ICO") to Middletown due to the significant threat to human health and the environment posed by continued potential discharge from the pressurized pipe. In the ICO Middletown was ordered to complete the installation of a temporary above ground pipe. Middletown agreed to replace the entire pressurized pipe and was granted a deadline of May 31, 2007 to complete the work. The replacement of the pressurized pipe was completed on or about May 1, 2007. In the NOV, OC&I assessed an administrative penalty of $50,000.00.

July 30, 2007- OC&I/Water Pollution File No. 06-147 re: Kent County Water Authority and LEC Corporation. The Kent County Water Authority ("KCWA") is the owner and operator of a public water distribution system that includes a potable water storage tank located at the intersection of Elton and Mead Streets in the Town of Coventry. KCWA awarded a contract to LEC Corporation to clean and inspect the potable water storage tank. The OC&I alleges that the Respondents are in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertains to the discharge of pollutants (in the form of rust colored sediment) to the waters of the State. On August 21, 2006, OC&I conducted an inspection of Tiogue Lake. The inspection revealed that rust colored sediment was discharged to the lake as a result of the cleaning of the potable water storage tank. The discharge caused visible reddish discoloration and turbidity in the lake over an area of approximately 100 yards long by 60 yards wide. The OC&I inspector advised the workers for LEC Corporation to cease further release of material from the cleaning of the portable water storage tank until approval from DEM was obtained. In the NOV, OC&I assessed an administrative penalty of $6,250.00.

July 30, 2007 - OC&I/UST File No. 07 - 00185 re: Marieville Towing and Service, Inc. and David L. Pesce d/b/a Pari's Auto Service on property located at 900 Charles Street, Assessor's Plat 1, Lot 279 in the Town of North Providence. Respondent David L. Pesce is the owner of the property. Respondents were the operators of a UST facility on the property from at least 1986 until December 2006. Three underground storage tanks ("USTs") exist on the property consisting of a 10,000-gallon gasoline UST, a 8,000-gallon gasoline UST and a 2,000-gallon diesel fuel 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 OC&I notified Respondents of certain alleged violations of the UST Regulations by Letter of Noncompliance ("LNC") dated January 11, 2006 and Notice of Intent to Enforce ("NOIE") dated October 13, 2006. The Respondents addressed certain violations but not all. The violations pertain to Respondents' failure to maintain inventory control records for the three USTs from January 2003 through January 2006; failure to perform annual testing of the line leak detectors for the USTs in years 2000, 2001, 2002 and 2004; failure to test the shear valves during the year 2004; and failure to perform annual certification/testing of the continuous leak monitoring system during the years 2000, 2001, 2002 and 2004. In the NOV, the OC&I assessed a penalty in the amount of $9,180.00 for Respondents' past noncompliance.

July 30, 2007 - OC&I/AIR File No. 07 - 11 re: American Power Conversion, Inc. The Respondent operates a manufacturing plant for power protection equipment at 132 Fairgrounds Road in the Town of South Kingstown. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulations and Rhode Island's Clean Air Act (R.I.G.L. 23-23-5 paragraph 19). The violations pertain to Respondent's installation and operation of four (4) diesel generators with a heat input capacity greater than 5 MMBtu/hour without first obtaining a permit to install the equipment in accordance with APC Regulation No. 9 entitled "Air Pollution Control Permits". Following an information request letter issued by RIDEM's Office of Air Resources ("OAR") on July 26, 2006, the Respondent provided information showing that Respondent had installed one Onan Cummins 1,490 HP generator that was started up in October 1994 and three Caterpillar 2,885 HP generator sets installed and started up in November 2005. On September 20, 2006 the OAR issued a Notice of Alleged Violations ("NOAV") to the Respondent for its failure to obtain a permit for three 20.221 MMBtu/hr Caterpillar generator sets and one 9.306 MMBtu/hr Onan Cummins emergency generator. The NOAV required the Respondent to file an application with the OAR to obtain approval to install the generators. On February 20, 2007 the OAR issued a permit to the Respondent for its Onan Cummins emergency generator. To date, the OAR has not issued a permit for the three Caterpillar generators. In the NOV, the OC&I ordered the Respondent not to operate any generators or engines with a heat input capacity greater than 5 MMBtu/hr or with potential emissions of NOx that would require a construction permit without first obtaining a permit from the OAR. A penalty in the amount of $24,414.00 was assessed for Respondent's noncompliance.

July 2007 Septic System Notices of Violation issued by the OC&I:

The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violations pertain to the overflow of sewage from the individual sewage disposal system ("ISDS") that is located on the property to the surface of the ground, the failure of the ISDS, and/or the discharge of laundry waste from the dwelling to the surface of the ground. In each case OC&I issued at least one Notice of Intent to Enforce ("NOI") to the Respondent(s). The NOI required the Respondent(s) to take specific corrective actions to resolve the violation. In each case the Respondent(s) failed to comply with the requirements of the NOI. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage and/or laundry waste to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS.

OC&I assessed the following administrative penalties against each named Respondent: Tabbooma Inc. ($3,000.00); James W. Cherenzia ($600.00); Michael and Karen Westcott ($2,000.00); Donald and Dorothy Desper ($800.00); Kathleen Seltzer ($2,000.00); James and Jennifer Kelshaw ($1,800.00); Robert and Kimberly McGovern ($800.00); Brian and Lynn Jackson ($1,200.00); and Jean Jordan ($1,600.00).

July 16 2007 - OC&I/Septic System File No. 2007 887 IS x-ref 04-90 re: Tabbooma, Inc. for property located at 125 Douglas Pike, Assessor's Plat 42, Lot 32 in the Town of Smithfield. The property includes a commercial business identified as Douglas Lumber.

July 17, 2007 - OC&I/Septic System File No. 2007 190 IS, x-ref 06-01 re: James W. Cherenzia, Jr. for property located at 201 Chase Hill Road, Assessor's Plat 2, Lot 32 in the Town of Hopkinton. The property includes a dwelling assessed by the Town of Hopkinton as a 3-bedroom single family building.

July 17, 2007 - OC&I/Septic System File No. 2007 891 IS, x-ref 06-31 re: Michael Westcott and Karen Westcott for property located at 1374 Lonsdale Avenue, Assessor's Plat 4, Lot 99 in the Town of Lincoln. The property includes a dwelling assessed by the Town of Lincoln as a 4-bedroom single family building.

July 18, 2007 - OC&I/Septic System File No. CI06-066 re: Donald Desper, Jr. and Dorothy Desper for property located at 282 Quaker Highway, Assessor's Plat 1, Lot 356 in the Town of North Smithfield. The property includes a dwelling assessed by the Town of North Smithfield as a 4-bedroom single family building.

July 18, 2007 - OC&I/Septic System File No. CI05-0226 re: Kathleen M. Seltzer for property located at 10 Medford Street, Assessor's Plat 379, Lot 114 in the City of Warwick. The property includes a dwelling assessed by the City of Warwick as a 3-bedroom single family building.

July 31, 2007 - OC&I/Septic System File No. CI94-0522 re: James Kelshaw and Jennifer Kelshaw for property located at 45 Bates Avenue, Assessor's Plat 56, Lot 28 in the Town of Coventry. The property includes a dwelling assessed by the Town of Coventry as a 4-bedroom multi-unit building.

July 31, 2007 - OC&I/Septic System File No. CI04-0262 re: Robert McGovern and Kimberly McGovern for property located at 655 Ocean Road, Assessor's Plat T, Lot 182 in the Town of Narragansett. The property includes a rental dwelling assessed by the Town of Narragansett as a 2-bedroom single family building.

July 31, 2007 - OC&I/Septic System File No. CI03-0032 re: Brian Jackson and Lynn Jackson for property located at 47-49 Sprague Street, Assessor's Plat 29, Lot 29 in the Town of Portsmouth. The property includes a dwelling assessed by the Town of Portsmouth as a 4-bedroom residential duplex.

July 31, 2007 - OC&I/Septic System File No. CI02-0126 re: Jean Jordan for property located at 63 Pottersville Road, Assessor's Plat 38, Lot 40 in the Town of Little Compton. The property includes a dwelling assessed by the Town of Little Compton as a 2-bedroom single family mobile home.

Formal Enforcement Cases Settled or Resolved:

July 5, 2007 - OC&I/Water Pollution File No. 07-05 re: Warwick Sewer Authority and D'Ambra Construction Company, Inc. The Warwick Sewer Authority ("WSA") is the owner and operator of the sewerage system in the City of Warwick. WSA awarded contracts to D'Ambra Construction Company, Inc. ("D'Ambra") to construct sewers in the City of Warwick. The contracts specified that D'Ambra provide adequate safeguards to all existing drainage structures to prevent siltation of downstream areas in any manner whatsoever and that any water that is pumped from excavation areas must be filtered such that the water discharged is of equal quality to the quality of the receiving water. On March 5, 2007 OC&I issued an NOV alleging that the Respondents violated the Water Pollution Act and RIDEM's Water Quality Regulations. The violations pertained to the discharge of pollutants (in the form of soil, silt, or sediment) into waters of the State without an approval by RIDEM. In the NOV, OC&I assessed an administrative penalty of $25,000.00. The Respondents did not request an administrative hearing to contest the NOV. In lieu of proceeding to Superior Court to enforce the NOV, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay an administrative penalty of $12,500.00, which was paid upon execution of the Agreement.

July 12, 2007 - OC&I/Septic System File No. CI 02-207 re: Donald G. Hammond and Dorothy E. Hammond for property located at 122 Arlington Avenue, Plat 356, Lot 143 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondents. On December 4, 2006 OC&I issued an NOV alleging that the Respondents violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the discharge of sewage from an individual sewage disposal system ("ISDS") on the property to the surface of the ground. 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 $1,600.00. The Respondents filed an appeal of the NOV with AAD. The Respondents submitted an application to RIDEM to repair the ISDS, which was approved by RIDEM on May 23, 2007. Prior to an administrative hearing on the NOV, OC&I and Respondent Donald Hammond executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to monitor the ISDS and ensure that the ISDS is pumped by a licensed septage hauler as needed to prevent the discharge of sewage to the surface of the ground, complete all work to repair the ISDS by September 30, 2007, and pay an administrative penalty of $800.00. The Respondent paid the penalty upon execution of the Consent Agreement.

July 13, 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 is owned by the Respondent and includes seven separate apartment buildings identified as Buildings 1-7. . On January 10, 2007 OC&I issued an NOV 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 violation pertained to the discharge of sewage to the ground surface and into an adjacent swamp from the individual sewage disposal system ("ISDS") for Building 7 and a failure of the ISDS for Buildings 1-6 based on the observation that the distribution box for the ISDS was filled with solids. 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. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to perform daily inspections of the ISDS for Buildings 1-6 and Building 7, retain a licensed septage hauler to pump the ISDS for Buildings 1-6 and Building 7 as frequently as needed to prevent the discharge of sewage to the ground surface, connect the plumbing for all the buildings to the public sewerage system by December 31, 2007, and pay an administrative penalty of $3,000.00. The Respondent paid the administrative penalty upon execution of the Consent Agreement.

July 19, 2007 - 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. On June 27, 2006 OC&I issued an NOV 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 RIDEM's. The violations pertained to the failure of the individual sewage disposal system ("ISDS") at the property, the overflow of sewage from the ISDS to the basement of the building that was being used by the day care facility, and the connection of plumbing from the garage to the ISDS without prior RIDEM approval. In the NOV, the Respondent was ordered to cease use of the ISDS to dispose of wastewater from the garage, reduce the flow of wastewater to the ISDS, retain a licensed designer to evaluate the cause of the ISDS failure, and either repair the ISDS (if the evaluation determined that the system had failed) or submit a System Suitability Determination ("SSD") Application to RIDEM to demonstrate that the ISDS 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. The Respondent filed an appeal of the NOV with AAD. The Respondent submitted an application to DEM to repair the ISDS, which was installed and conformed by RIDEM on July 2, 2007. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $2,100.00, which was paid upon execution of the Consent Agreement.

July 20, 2007 - OC&I/AIR File No. 07 - 06 re: T. Miozzi, Inc. for property located at 75 Airport Road in the Town of Coventry. The Respondent operates an asphalt plant on the property that is subject to RIDEM's Air Pollution Control ("APC") Regulations. On July 10, 2007 the OC&I issued a NOV alleging that the Respondent violated APC Regulation No. 9 entitled "Air Pollution Control Permits". The violation pertained to Respondent's failure to obtain a permit from RIDEM's Office of Air Resources ("OAR") prior to Respondent's installation of an Astec baghouse at the asphalt plant. The Respondent was in possession of a permit from the OAR that authorized the use of different type and size baghouse; however, the Respondent installed the new baghouse without obtaining prior authorization from the OAR. On November 28, 2006 the OAR issued a Notice of Alleged Violation to the Respondent for its failure to obtain the necessary permit. The Respondent obtained the required permit on April 12, 2007. In the NOV, the OC&I assessed a penalty in the amount of $1,060.00 for Respondent's noncompliance. On July 20, 2007 the Respondent paid the penalty in full and the enforcement case is considered closed.

July 25, 2007 - OC&I/Septic System File No. CI 92-76 re: 6946 Post Road, LLC for property located at 6946 Post Road, Assessor's Plat 146, Lot 66 in the Town of North Kingstown. The property includes a two-story commercial building and is owned by the Respondent. On March 13, 2007 OC&I issued an NOV 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 violation pertained to the discharge of sewage to the surface of the ground from the individual sewage disposal system ("ISDS"). In the NOV, the Respondent was ordered to pump the ISDS to prevent overflows and repair the ISDS in accordance with the plans approved by RIDEM on March 7, 2007. The OC&I assessed an administrative penalty of $1,200.00. The Respondent did not request an administrative hearing to contest the NOV. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to monitor the ISDS, ensure that the ISDS is pumped by a licensed septage hauler as needed to prevent the discharge of sewage to the surface of the ground, complete all work on the repair by October 31, 2007, and pay an administrative penalty of $900.00. The Respondent paid the administrative penalty upon execution of the Consent 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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