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

 
June 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 June 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:

June 14, 2007 - OC&I/Solid Waste File No. 06 - 009 re: Lincoln A. and Lorraine Lawrence for property located at 98 Burchard Avenue, Assessor's Plat 27, Lot 10 - 1 in the Town of Little Compton. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act pertaining to the disposal of solid waste at other than a licensed solid waste management facility. The violation consists of the illegal disposal of approximately 246 cubic yards of solid waste on the property consisting of discarded and abandoned lawn tractors, tractor parts and attachments, used tires, sinks, a snowmobile and snowmobile parts, rototillers, axles, scrap metal, small engines, discarded electronic equipment, scrap generators, deteriorated motorcycles, trailer frames, a dump truck frame and bed and other mixed solid waste. The Respondents were previously cited by the OC&I in a Letter of Noncompliance issued on April 19, 2004 informing the Respondents of the alleged violation and the requirement to cease accepting solid waste on the property and to remove all solid waste. Despite multiple subsequent inspections and a follow up letter issued on October 10, 2006, the Respondents did not fully remediate the property of all solid waste. In the NOV, the OC&I ordered the Respondents to cease the disposal of solid waste on the property and to remove all solid waste to a licensed solid waste management facility. A penalty in the amount of $6,250.00 was assessed for Respondents' noncompliance.

June 14, 2007 - OC&I/Medical Waste File No. 06-008 re: Stericycle, Inc. for Respondent's licensed regulated medical waste treatment and destruction facility located at 369 Park East Drive in the City of Woonsocket. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island as well as Conditions 1 and 2 of Respondent's license issued by RIDEM. The violation pertains to Respondent's failure to completely treat and destroy regulated medical waste in compliance with approved plans and procedures before disposal. The medical waste observed consisted of two hypodermic needles, a glass medicine bottle and several cut up white plastic drums. The violation was observed during a compliance inspection of the facility. The Respondent corrected the violation when representatives of the RIDEM brought the violation to the attention of the Respondent. In the NOV the OC&I assessed an administrative penalty in the amount of $1,500.00.

June 15, 2007 - OC&I/Water Pollution File No. 07 - 07 re: Narragansett Bay Commission and Veolia Water North America Operating Systems, LLC. The Narragansett Bay Commission ("NBC") owns the Bucklin Point Water Pollution Control Facility (the "Facility") located at 102 Campbell Avenue in the City of East Providence. NBC is the holder of Rhode Island Pollutant Discharge Elimination System Permit No. RI0100072. The permit authorizes NBC to discharge treated domestic and industrial wastewater from the Facility to the Seekonk River in accordance with effluent limitations, monitoring requirements and certain other conditions. Veolia Water North America Operating Services, LLC ("Veolia Water") operated the Facility for NBC at the time of the alleged violation. The OC&I alleges that the Respondents are in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rhode Island Pollutant Discharge Elimination System Regulations. The violation pertains to the unauthorized discharge of 1.55 million gallons of untreated wastewater from the Facility to the Seekonk River on June 25, 2005. The unauthorized discharge resulted in the closure of a portion of the Narragansett Bay (Conditional Area A) to shellfishing by RIDEM for 7 days. The unauthorized discharge further degraded the impaired water bodies of the Seekonk and Providence Rivers and the upper Narragansett Bay. Veolia Water submitted documents to RIDEM stating that the unauthorized discharge was caused by the failure of an emergency generator to start during a power outage. The failure of the emergency generator was caused by inadequate stored energy in the batteries that provide power to the generators. Veolia Water advised RIDEM that inspections of the generators were performed monthly; however, the inspection procedure did not involve isolation of the generators and batteries from the utility power source to simulate a real power outage. In the NOV, OC&I ordered NBC to submit documents relating to proper operation and maintenance of the generators. OC&I assessed an administrative penalty of $12,500.00.

June 18, 2007- OC&I/Freshwater Wetlands File No. C07 - 0017 re: Kevin and Kathy Brand for property located approximately 450 feet northeast of the terminus of Dano Road, approximately 950 feet northeast of the intersection of Dano Road and Mount Pleasant Road, Assessor's Plat 46, Lot 26 in the Town of Burrillville. OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, grading and filling (in the form of at least soil material) for the purpose of constructing a driveway within Swamp and clearing, grading and filling (in the form of at least soil material) for the purpose of constructing a driveway within 50-Foot Perimeter Wetland. This activity has resulted in the unauthorized alteration of approximately 2,000 square feet of Swamp and 1,300 square feet of Perimeter Wetland. In the NOV, OC&I ordered the Respondents to cease and desist from any further unauthorized alteration and to restore all freshwater wetlands areas. OC&I assessed an administrative penalty of $1,750.00.

June 18, 2007 - OC&I/Freshwater Wetlands File No. C92-0187 re: Peter J. St. Lawrence III for property located approximately 70 feet north of Starr Street, approximately 180 feet east of the intersection of Starr Street and Venice Avenue, Assessor's Plat 5, Lots 230, 232, and 238 in the Town of Johnston. OC&I alleges that the Respondent is in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to the failure of the Respondent to comply with an approval issued by OC&I on January 31, 2000 to restore a freshwater wetland that was altered by the Respondent and was causing flooding of an adjacent upstream property on Venice Street. On June 29, 2001, OC&I issued a letter to the Respondent. The letter advised the Respondent that he was in noncompliance with the approval and requested an update on the status of the work and a schedule for completion. The Respondent failed to respond to the letter. In response to citizen complaints, OC&I inspected the property on November 21, 2005. The inspection revealed that the Respondent had failed to comply with the approval and that flooding of an adjacent upstream property on Venice Street was evident. On January 27, 2006 OC&I issued a letter to the Respondent requiring the completion of all work. Follow up inspections on February 7, 2006 and March 9, 2006 revealed that no further work had been accomplished and that the neighboring property continued to be flooded. In the NOV, OC&I ordered the Respondent to complete all work required in the approval and submit to OC&I a written certification from a registered professional engineer that the storm water drainage system including any and all basins, piping systems, catch basins, culverts, swales and other storm water management control features have been constructed in accordance with the approval. OC&I assessed an administrative penalty of $10,000.00.

June 19, 2007 - OC&I/Water Pollution File No. WP 07-06 re: Veolia Water North America Operating Services, LLC and the City of Woonsocket. The City of Woonsocket ("Woonsocket") owns the Woonsocket Wastewater Treatment Facility ("Facility") in the City of Woonsocket. Veolia Water North America Operating Services, LLC ("Veolia Water") operates the Facility for Woonsocket. Woonsocket is the holder of Rhode Island Pollutant Discharge Elimination System Permit No. RI0100111. The permit authorizes Woonsocket to discharge treated wastewater from the Facility to the Blackstone River. OC&I alleges that the Respondents are in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rhode Island Pollutant Discharge Elimination System Regulations. The violations pertain to Respondents' failure to comply with the permit for the following parameters and time periods: Total Ammonia (April 2005, August 2005, September 2005); Total Phosphorous (April 2005, June 2005, July 2005, September 2005, October 2005); Total Cyanide (July 2005, August 2005); Total Suspended Solids (April 2005, October 2005); Total Nitrogen (April 2005, September 2005); Fecal Coliform Bacteria (April 2005); Carbonaceous Biological Oxygen Demand (October 2005); and Total Residual Chlorine (October 2005). RIDEM issued Notice of Significant Noncompliance ("SNC") letters to Woonsocket on October 11, 2005 and January 10, 2006 for the violations. Veolia Water submitted documents to RIDEM in response to the SNC letters that attributed the violations to several causes including the hydraulic overloading of the Facility due to heavy rains in April; the inability to precisely monitor and adjust chemical addition for phosphorous removal; and excessive amounts of grit and ash removed from the grit chamber. Veolia Water stated that new procedures were implemented to ensure the Facility complies with the Permit during heavy rains and the cleaning of the grit chamber. From November 1, 2005 through November 30, 2006, Woonsocket s complied with the permit for nearly all parameters, with the exception of the permit limits for Total Ammonia and Carbonaceous Biological Oxygen Demand in June 2006. In the NOV OC&I assessed an administrative penalty of $175,000.00.

June 26, 2007 - OC&I/Water Pollution File No. 07 - 08 re: Kenyon Industries, Inc. Kenyon Industries is the owner and operator of a Wastewater Treatment Facility located on the Pawcatuck River in the village of Kenyon in the Towns of Charlestown and Richmond. Kenyon is the holder of Rhode Island Pollutant Discharge Elimination System Permit No. RI0100191. The permit authorizes Kenyon to discharge treated wastewater from the Facility to the Pawcatuck River. The OC&I alleges that the Respondent is in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rhode Island Pollutant Discharge Elimination System Regulations. The violations pertain to Respondent's failure to comply with the permit for the following parameters and time periods: Total Silver (August 2005, November 2005); Chemical Oxygen Demand (February 2005, May 2005, December 2005, March 2006, April 2006); Biological Oxygen Demand (July 2004, October 2004, November 2004, January 2005, October 2005, November 2005, December 2005, June 2006, October 2006, November 2006); and Total Phenols (February 2005, May 2005, June 2005, July 2005, August 2005). In the NOV OC&I ordered Kenyon to comply with all conditions of the permit. OC&I assessed an administrative penalty of $78,750.00.

June 26, 2007 - OC&I/UST File No. 07 - 00580 re: Reliable Fleet Service, Inc. and William Vincent for property located at 1148 Eddie Dowling highway, Assessor's Plat 17, Lot 110 in the Town of North Smithfield. Three 8,000-gallon underground storage tanks registered for the storage of gasoline exist on the property. 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 maintain the USTs in compliance with applicable national codes of practice listed in Appendix B of the UST Regulations; failure to meet inventory control record keeping requirements; failing to conduct annual testing of line leak detectors; failing to conduct annual testing of shear valves; failing to investigate release detection signals; failing to conduct monthly testing of the UST continuous monitoring system ("CMS"); failing to conduct an annual certification/test of the CMS; failing to maintain spill containment basins and sumps; failing to meet tank field observation and groundwater monitoring well construction standards; and failing to meet annual groundwater evaluation requirements. In the NOV the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $17,720.00.

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

The OC&I alleges that the Respondents 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 Respondents. The NOI required the Respondents to take specific corrective actions to resolve the violation. In each case the Respondents failed to comply with the requirements of the NOI. In the NOV, OC&I ordered the Respondents 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: The Jason C. Whitford Irrevocable Trust -1989 ($2,200.00); Thornton O. Simmons, Jr., Ethan F. Simmons and Mary Miska ($2,800.00); Michael Russo ($800.00); Jennifer Drape ($600.00); Simon J. Aubrey and Dale Ann Aubrey ($600.00); Dorothy J. Scotti ($2,000.00); and Pauline M. Braden ($800.00).

June 26, 2007 - OC&I/Septic System File No. CI04-0233 re: The Jason C. Whitford Irrevocable Trust - 1989 for property located at 30B Tripps Corner Road, Assessor's Plat 35, Lot 2-3 in the Town of Exeter. The property includes a 2-bedroom single family dwelling.

June 27, 2007 - OC&I/Septic System File No. CI92-0224 re: Thornton O. Simmons, Jr., Ethan F. Simmons and Mary Miska for property located at 41 East Main Road, Assessor's Plat 27, Lot 72, in the Town of Little Compton. The property includes a 4-bedroom structure (a 3-bedroom dwelling and a 1-bedroom apartment) and a separate garage.

June 27, 2007 -OC&I/Septic System File No. CI94-0178 re: Michael Russo for property located at 23 Shore Road Drive, Assessor's Plat 62, Lot 6 in the Town of Johnston. The property includes a single family 4-bedroom dwelling.

June 27, 2007 -OC&I/Septic System File No. CI06-0109 re: Jennifer Drape for property located at 230 Robert Gray Avenue, Assessor's Plat 164, Lot 74 in the Town of Tiverton. The property includes a 3-bedroom single family dwelling.

June 27, 2007 -OC&I/Septic System File No. CI04-0193 re: Simon J. Aubrey and Dale Ann Aubrey for property located at 8 Emery Road, Assessor's Plat 16, Lot 222 in the Town of Warren. The property includes a single family 3 bedroom dwelling.

June 29, 2007 -OC&I/Septic System File No. 2007 749 IS re: Dorothy J. Scotti for property located at 6 Shippen Avenue, Assessor's Plat 307, Lot 140, in the City of Warwick. The property includes a single family 3 bedroom dwelling.

June 29, 2007 -OC&I/Septic System File No. 2007 831 IS re: Pauline M. Braden for property located at 87 Read Avenue, Assessor's Plat 64, Lot 50 in the Town of Coventry. The property includes a 4-bedroom single family dwelling.

Formal Enforcement Cases Settled or Resolved:

June 7, 2007- OC&I/ISDS File No. CI00-0124 re: River Front Associates, LLC and Sterling Resort Group, LLC for property located at 8 Crandall Road, Assessor's Plat 164, Lot 185 in the Town of Westerly. The property includes a 27 unit time share condominium complex identified as Ocean Club at Atlantic Beach. On October 31, 2006 OC&I issued a NOV to River Front Associates, LLC alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violation pertained to Respondent's failure to submit an Application for System Suitability Determination ("SSD Application") to RIDEM to determine whether the individual sewage disposal system ("ISDS") was adequate for the current use. In the NOV River Front Associates was ordered to submit an SSD Application to RIDEM, correct any deficiencies identified as part of the RIDEM review, and upgrade the ISDS, if necessary. OC&I assessed an administrative penalty of $400.00. River Front Associates filed an appeal of the NOV with AAD. River Front Associates provided documents to RIDEM to show that Sterling Resort Group, LLC acquired ownership of the property on July 21, 2006. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the enforcement action. Sterling Resort Group, LLC agreed to submit an SSD Application to RIDEM within 30 days and upgrade the ISDS, if necessary and River Front Associates, LLC agreed to pay the administrative penalty of $400.00. River Front Associates paid the penalty upon execution of the Agreement.

June 8, 2007 - OC&I/Septic System File No. CI 95-17 re: Lloyd A.G. Rustigian for property located at 10 Shady Brook Cove Road, Assessor's Plat 59, Lot 136 in the Town of Johnston. The property includes a single family dwelling. On December 14, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violation pertained to the renovation of the single family dwelling (by increasing the size of the dwelling by at least 250% and increasing the number of bedrooms) without first submitting an Application for a System Suitability Determination ("SSD Application") to RIDEM to determine if the individual sewage disposal system ("ISDS") on the property was adequate for the building renovation. In the NOV the Respondent was ordered to submit an SSD Application to RIDEM, correct any deficiencies identified as part of the RIDEM review, and upgrade the ISDS, if necessary. OC&I assessed a penalty in the amount of $800.00. The Respondent filed an appeal of the NOV with AAD. An administrative hearing was held on October 16 and 17, 2006. The AAD hearing officer issued a decision on June 8, 2007. The hearing officer concluded that OC&I proved that the building renovation did increase the size of the structure by more than 50% (the standard in the ISDS Regulations); however, the OC&I failed to prove that one or more bedrooms were added to the structure. The AAD hearing officer issued a recommended decision that was signed by the RIDEM Director on June 8, 2007 as a Final Agency Decision and Order. The Final Agency Decision and Order requires the Respondent to submit an SSD Application to RIDEM within 30 days, correct any deficiencies identified as part of the RIDEM review, and upon approval of the application, complete all work required as part of the approval and pay a reduced administrative penalty of $400.00 within 30 days.

June 19, 2007- OC&I/ISDS File No. CI06-0056 re: Joseph and Jennie Lupino for property located at 330 Longmeadow Avenue, Assessor's Plat 355, Lot 195 in the City of Warwick. The property includes a 3-bedroom single family dwelling. On April 9, 2007 OC&I issued a NOV to the Respondents alleging a certain violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violation pertained to laundry waste on the surface of the ground and the failure of the individual sewage disposal system ("ISDS") at the property. In the NOV the Respondents were ordered to immediately and permanently cease the laundry discharge, pump the ISDS to prevent overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure and repair the ISDS, if necessary. OC&I assessed an administrative penalty 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 enforcement action. The Respondents agreed to repair the failed ISDS and to connect the washing machine into the ISDS and pay the full administrative penalty of $1,200.00 within 60 days.

June 20, 2007 - OC&I/AIR File No. 07 - 03 re: Rainbow Cleansers, Inc. for its facility located at 101 Reservoir Avenue in the City of Providence. The Respondent operates a dry cleaning machine at the property. The Respondent uses perchloroethylene in the dry cleaning machine. The facility, which is co-located with a residence, is considered a stationary source of air pollutants pursuant to RIDEM's Air Pollution Control ("APC") Regulations. On March 16, 2007 the OC&I issued an NOV to the Respondent alleging that the Respondent violated APC Regulation No. 23, entitled "Control of Perchloroethylene Emissions from Dry Cleaning Operations". The violations pertained to Respondent's failure to install a closed-loop dry-to-dry machine equipped with a refrigerated condenser, a secondary carbon adsorber and a drying sensor or install a vapor barrier as required by the regulation, failure to inspect weekly for liquid and vapor leaks, failure to record the temperature of the air vapor stream as measured by the temperature gauge at least once per week, failure to maintain a log of perchloroethylene purchases, dates of purchase and purchase receipts and failure to maintain a record of the number of loads dry cleaned each calendar month. On June 16, 2004 an inspector from RIDEM's Office of Air Resources ("OAR") inspected the facility and found that the Respondent was in noncompliance with multiple requirements of APC Regulation No. 23. On July 7, 2004 the OAR issued a letter to the Respondent informing the Respondent of the noncompliance and the requirement to achieve compliance with the APC Regulations. On July 14, 2005, a representative of the OAR re-inspected the facility and found continuing noncompliance. The OAR issued a Letter of Noncompliance to the Respondent on August 3, 2005 once again informing the Respondent of the noncompliance and requiring that the Respondent achieve compliance with the APC Regulations. On March 29, 2006 the OAR re-inspected the facility and again confirmed noncompliance. On or about May 2, 2006 the Respondent informed the OAR that the Respondent's noncompliant dry cleaning machine had been replaced with a new fourth generation dry cleaning machine. The OAR confirmed the installation of the new compliant equipment on May 16, 2006. The OAR referred this case to the OC&I to address the Respondent's past noncompliance. In the NOV, the OC&I ordered the Respondent to maintain compliance with the APC Regulations and assessed a penalty in the amount of $8,500.00 for Respondent's past noncompliance. 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. The Respondent agreed to pay a penalty in the amount of $6,500.00. The OC&I allowed the Respondent to pay $1,500.00 upon execution of the Consent Agreement and to pay the remaining penalty amount in monthly payments.

June 29, 2007- OC&I/ISDS File No. CI04-0152 re: Phillip J. Martin and Rhonda M. Martin for property located at 85 Burgess Drive, Assessor's Plat 343, Lot 425 in the City of Warwick. The property includes a single family dwelling. On December 4, 2006 OC&I issued a NOV to the Respondents alleging certain violations 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 pertained to the discharge of sewage from the individual sewage disposal system ("ISDS") on the property to the surface of the ground and the discharge of laundry waste 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, immediately and permanently cease the laundry discharge, 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 installed low flow water fixtures to reduce the flow of water to the ISDS and have discontinued the use of the washing machine at the dwelling. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to connect the plumbing for the dwelling to the municipal sewer within 30 days of notification of the availability of sewers and to pay an administrative penalty in the sum of $800.00 in monthly installments of $100.00 each. The Respondents paid the first installment of $100.00 upon execution of the Agreement.

June 29, 2007- OC&I/ISDS File No. CI03-0280 re: Barry G. Dearlove for property located at 311 Capron Farm Drive, Assessor's Plat 369, Lot 10 in the City of Warwick. The property includes a 3-bedroom single family dwelling. On March 5, 2007 OC&I issued a NOV to the Respondent alleging a certain violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violation pertained to the discharge of sewage from the individual sewage disposal system ("ISDS") on the property to the surface of the ground. In the NOV the Respondent was ordered to pump the ISDS to prevent overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure and repair the ISDS, if necessary. OC&I assessed an administrative penalty of $1,800.00. The Respondent filed an appeal of the NOV with AAD. The Respondent provided a letter to OC&I from the Warwick Sewer Authority informing the Respondent that construction of sewers on Capron Farm Drive will begin in the Spring, 2007. 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 connect the plumbing for the dwelling to the municipal sewer within 30 days of notification of the availability of sewers and to pay an administrative penalty in the sum of $900.00 in monthly installments of $150.00. The Respondent paid the first installment of $150.00 upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

June 4, 2007 - Superior Court Case File C.A. No. 06 - 1088 and OC&I/Septic System File No. CI95-017 re: Betty Ann King-Smith ("Defendant") vs. W. Michael Sullivan in his capacity as Director, Rhode Island Department of Environmental Management ("Plaintiff") for property located 6 Monson Street, Assessor's Plat 8, Lot 165 in the Town of Johnston. The property includes a single-family dwelling. On October 4, 2004 OC&I issued an NOV to the Defendant alleging that the Defendant violated the ISDS Regulations by allowing the discharge of sewage to the surface of the ground from the individual sewage disposal system ("ISDS") for the dwelling. In the NOV the Respondent was ordered to cease the discharge of sewage to the surface of the ground and to repair the failed ISDS. OC&I assessed a penalty in the amount of $3,000.00. The Defendant failed to file an appeal of the NOV and failed to comply with the orders in the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the complaint filed with the Superior Court, RIDEM petitioned the Superior Court to require the Defendant to immediately take all necessary actions to comply with the NOV and such other relief that the Court deems just and equitable. Prior to a court hearing on the complaint, the Defendant and the Plaintiff entered into a Consent Order to resolve the complaint. The Defendant agreed to pump the ISDS as often as necessary to prevent overflows, discontinue all use of the washing machine at the property until the ISDS is repaired, install low flow water fixtures and a low flow toilet, limit the occupancy of the dwelling to 3 persons until the ISDS is repaired, vacate the dwelling and have the dwelling remain unoccupied until the ISDS is repaired if OC&I determines through an inspection that sewage is overflowing to the surface of the ground and the Defendant has failed to repair the ISDS. The Defendant also agreed that when the property is sold or transferred, the new owner shall not occupy the dwelling until the ISDS is repaired and the Defendant shall pay the full administrative penalty of $3,000.00.

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