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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > March 2009 Summary

 
March 2009 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 March 2009. 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:

March 13, 2009 - OC&I/ Water Pollution File No. 2008 2525 WP and WP 08-099 re: City of Newport. The City of Newport is the owner and operator of the Lawton Valley Water Treatment Facility (the Facility) located in the Town of Portsmouth. OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, the RIDEM Water Quality Regulations and the RIDEM Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of waste solids associated with the treatment of water to Lawton Brook that was not authorized in the Respondent's RIPDES discharge permit. The permit authorizes the Respondent to discharge only treated filter backwash to Lawton Brook in accordance with interim limits. RIDEM issued an NOV to the Respondent on May 20, 2005 (the 2005 NOV) for the unauthorized discharge of waste solids from the sedimentation basins and coagulation basins to Lawton Brook. On February 16, 2007 RIDEM and the Respondent executed a Consent Agreement to resolve the 2005 NOV. The Respondent agreed to construct a conveyance system to store and transport solids from the basins to the sanitary sewerage system. The Respondent completed construction of the conveyance system, and the system began operation on January 29, 2008. In June 2008 RIDEM investigated a complaint that raw sewage was flowing out of Lawton Brook into Narragansett Bay. RIDEM determined that the Respondent had discharged solids from the sedimentation basins to Lawton Brook. In the NOV OC&I assessed a penalty in the amount of $25,000.00.

March 26, 2009 - OC&I/Septic System File No. 2007 558 IS and CI 07-80 re: Jonathan and Sabrina Harlan for property located at 42 Beausoleil Street, Assessor's Plat 51, Lot 63 in the City of Woonsocket. The property includes a three-bedroom family dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems and the RIDEM Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the failure of the septic system. On August 30, 2007, OC&I conducted an inspection of the property and found that the level of sewage in the septic system was above the inlet pipe. The OC&I inspector handed a copy of the "Field Inspection Report" and "Required Actions Summary Sheet" (collectively, a Notice of Intent to Enforce or NOI) to Sabrina Harlan. The NOI required the Respondents to reduce the discharge of sewage to the septic system through the use of water conservation devices, arrange to have the system pumped by a licensed septage hauler as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. OC&I received a response to the NOI on September 18, 2007 from Jonathan Harlan agreeing to comply with the NOI. A follow up inspection by OC&I on November 26, 2008 found that the level of sewage in the septic system was above the inlet pipe. The OC&I inspector handed another NOI to Jonathan Harlan that required the same actions as the NOI issued on August 30, 2007. To date, the Respondents have not complied with the NOIs. In the NOV, OC&I ordered the Respondents to reduce the discharge of sewage to the septic system, pump the system as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. In the NOV, OC&I assessed an administrative penalty of $1,200.00.

March 27, 2009 - OC&I/Air File No. 08-09 re: City of Cranston. The City of Cranston is the owner of the Cranston Water Pollution Control Facility (the Facility). The Facility is operated by Veolia Water North America Operating Services, LLC (Veolia). The Facility is a stationary source of air pollutants and was issued a permit by the RIDEM Office of Air Resources (OAR) on June 7, 2004 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits". The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 29. The violation pertains to the failure to submit an Annual Certification of Compliance for calendar year 2007 and a semi-annual monitoring report for the reporting period ending December 31, 2007 as required by the permit. On April 7, 2008 OAR issued a Notice of Alleged Violations (NOAV) to Veolia requiring the submission of the required reports. On or about April 21, 2008 Veolia submitted to OAR the reports on behalf of the Respondent. In the NOV, OC&I assessed a penalty of $2,000.00.

March 2009 UST 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 the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) on or before June 30, 2007 for the underground storage tanks at the facility. The tanks are used for storage of petroleum products and are registered with RIDEM. In each case OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent(s). The NIE 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 NIE. In the NOV, OC&I ordered the Respondent(s) to submit the completed Compliance Certification Forms, if said Forms had not been submitted to RIDEM. The NOV also included an administrative penalty of $1,500.00 for the late submission of the Forms or an administrative penalty of $3,000.00 for no submission of the Forms.

OC&I assessed the following administrative penalties against each named Respondent(s): Elio's Real Estate, LLC and Tony's Cumberland Market, Inc. ($1,500.00); Pasco and Susan Raimondo ($3,000.00); S & H Realty, Inc. ($1,500.00); John J. Gregory, Jr. and J.J. Gregory & Son, Inc. ($3,000.00); B & B Enterprises, Inc. ($3,000.00); Robert and Catherine Joly and NB Gas, Inc ($3,000.00); and BJ Enterprises, LLC and Bassam Naiefeh ($1,500.00).

March 4, 2009 - OC&I/UST File No. 09-00764 re: Elio's Real Estate, LLC and Tony's Cumberland Market, Inc. for property located at 290 Broad Street, Assessor's Plat 3, Lot 106 in the Town of Cumberland. The property includes a convenience store and gas station.

March 4, 2009 - OC&I/UST File No. 09-02081 re: Pasco and Susan Raimondo for property located at 94 West Warwick Avenue, Assessor's Plat 7, Lot 399 in the Town of West Warwick. The property includes a gasoline station.

March 4, 2009 - OC&I/UST File No. 09-00701 re: S & H Realty, Inc. for property located at 905 Cranston Street, Assessor's Plat 7/2, Lot 2943 in the City of Cranston. The property includes a convenience store and a service station.

March 5, 2009 - OC&I/UST File No. 09-01760 re: John J. Gregory, Jr. and J.J. Gregory & Son Inc. for property located at 77 Highland Avenue, Assessor's Map 608, Block 2, Parcel 2 in the City of East Providence. The property includes a commercial facility.

March 5, 2009 - OC&I/UST File No. 09-00339 re: B & B Enterprises, Inc. for property located at 605 Douglas Turnpike, Assessor's Plat 131, Lot 41 in the Town of Burrillville. The property includes a convenience store and gasoline station.

March 5, 2009 - OC&I/UST File No. 09-03036 re: Robert and Catherine Joly and NB Gas, Inc. for property located at 1400 Diamond Hill Road, Assessor's Plat 16, Lot 570 in the Town of Cumberland. The property includes a gasoline station.

March 5, 2009 - OC&I/UST File No. 08-03016 re: BJ Enterprises, LLC and Bassam Naiefeh for property located at 717 Park Avenue, Assessor's Plat 6/1, Lot 2162 in the City of Cranston. The property includes a convenience store and gasoline station.

Formal Enforcement Cases Settled or Resolved:

March 9, 2009 - OC&I/Septic System File No. CI 03-0035 re: Kenneth J. Adams for property located at 3 Montauk Avenue, Assessor's Plat 165, Lots 213 and 140 and Atlantic Avenue, Assessor's Plat 165, Lot 214 (collectively, the properties) in the Town of Westerly. Lot 213 includes a residential one story dwelling (cottage) that is connected to a cesspool (cottage cesspool). Lot 214 includes two separate structures. The first structure is an eight unit motel that includes four motel units, four efficiency units, an office, and a storage area that are connected to an individual sewage disposal system (ISDS) for the motel (motel ISDS). The second structure is a two unit motel that is connected to the cottage cesspool. The properties are owned by the Respondent. On May 21, 2007 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to the following: for the eight unit motel, the construction of four efficiency units and connection of the plumbing from the efficiency units to the motel ISDS (that was not designed to accommodate the additional flow from the efficiency units); for the 2 unit motel, connecting the plumbing to the cottage cesspool without approval by RIDEM and installing an outside cold/hot water shower that discharges waste to the surface of the ground; and for the cottage, the construction of the cottage cesspool without approval by RIDEM. In the NOV, OC&I ordered the Respondent to immediately cease further use of the cottage cesspool, the outside shower, and the efficiency units, permanently cap all plumbing fixtures, and have the cottage cesspool pumped by a licensed septage hauler and filled with clean gravel. OC&I assessed an administrative penalty of $3,800.00. The Respondent filed an appeal of the NOV with AAD. The Respondent demonstrated to OC&I that the two unit motel is actually a partially finished storage area with cold and hot water piping and an outside shower. The Respondent removed all hot water supply piping from the partially finished storage area and the Respondent demonstrated to the satisfaction of OC&I that the cottage cesspool existed prior to the regulations and is allowed to be used until it fails. 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 remove all plumbing fixtures, water supply piping, and wastewater drain piping that do not actively serve the four motel units, four efficiency units, and the office and submit an affidavit that all prior uses of the structure at Lot 214 including the luncheonette, the arcade, and the ice cream shop have been abandoned and submit a floor sketch of the structure with the uses of all areas labeled. The Respondent also agreed to pay an administrative penalty of $1,700.00 in two installments. The first installment of $500.00 was paid upon execution of the Agreement and the second installment of $1,200.00 is to be paid on or before July 30, 2009.

March 17, 2009 - OC&I/Septic System File No. 2007 887 IS and CI 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. On July 16, 2007 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage from the individual sewage disposal system that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, have the system evaluated to determine the cause of the failure, and repair the system, if necessary. OC&I 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, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to connect the plumbing for the commercial business to the public sewerage system or repair the system. The Respondent also agreed to pay an administrative penalty of $2,500.00, which was paid upon execution of the Agreement.

March 24, 2009 - OC&I/Water Pollution/File No. 2008 1937 and WP 08-40 re: Capitol Cove, LLC, Capital Properties, Inc. and Fleet Construction Co., Inc. for property located at 80 Smith Street in the City of Providence, otherwise identified as Assessor's Plat 4, Lots 261, 262, and 263. Capitol Cove, LLC is the owner of the property. Upon information and belief, Capital Properties Inc. entered into a 99-year lease agreement with Capitol Cove, LLC to use the property and is presently engaged in developing the property for residential use. Fleet Construction Co., Inc. (Fleet) was contracted to perform site work associated with the development of the property. In January 2005, the Coastal Resources Management Council issued an Assent to Capital Properties to construct residential/apartment buildings on the property, and in February 2005 RIDEM issued a Water Quality Certificate to Capital Properties for the project. The Assent and Water Quality Certificate prohibited the discharge of waste of any kind into waters of the State, and the Water Quality Certificate prohibited any dewatering activities. On September 24, 2008 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rhode Island Water Pollution Act and the RIDEM Water Quality Regulations. The violation pertained to the discharge of water containing soil to the Moshassuck River from a construction hole on the property. In the NOV, OC&I assessed an administrative penalty of $25,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent Fleet executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $12,000.00, which was paid upon execution of the Agreement. The NOV is still under appeal at AAD for the other Respondents.

March 26, 2009 - OC&I/Water Pollution/File No. 2007 1064 WP and WP07-100 re: Richard and Grace Pariseault and Anthony Lombardi for property located at 40 Fresno Road in the City of Warwick, otherwise identified as Assessor's Plat 323, Lot 361. The property is owned by Grace Pariseault. Richard Pariseault is deceased. The property includes a commercial building with one automotive business known as Airport Autobody. Anthony Lombardi is the owner of Airport Autobody. On September 12, 2008, OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM Underground Injection Control Program Rules and Regulations. The violation pertained to the unauthorized discharge of fluids associated with the automotive business into a floor drain. OC&I determined that the floor drain (the UIC system) did not discharge to the City of Warwick's sewerage or storm systems. In the NOV, OC&I ordered the Respondents to immediately cease the discharge of fluids to the UIC system and either obtain a permit for the UIC system or close the UIC system. OC&I assessed an administrative penalty of $2,500.00. Respondent Grace Pariseault filed an appeal of the NOV with AAD. 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 either have Anthony Lombardi comply with the ordered actions in the NOV or comply with the ordered actions herself upon obtaining possession of the property after eviction of Mr. Lombardi. The Respondent also agreed to pay an administrative penalty of $2,000.00 in four quarterly installments of $500.00. The first installment of $500.00 was paid upon execution of the Agreement.

March 26, 2009 - OC&I/Multi Media (Freshwater Wetlands/Solid Waste) File No. C05-0218 re: David M. & Ann M. Sousa and Lawncare, Inc. for property located north of Plainfield Pike approximately 1,450 feet west of the intersection of Peck Hill Road, at Assessor's Plat 33, Lot 14 and Assessor's Plat 33, Lot 85 in the Town of Johnston. Assessor's Plat 33, Lot 14 was purchased by Respondents David M. Sousa and Ann M. Sousa on August 17, 2001. Assessor's Plat 33, Lot 85 is owned by Leonora C. Corona. Respondent Lawncare, Inc. operates a landscaping business at the property. Respondent David Sousa is the President of Lawncare, Inc. On February 22, 2008, OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rhode Island Freshwater Wetlands Act, the RIDEM Freshwater Wetlands Regulations, the Rhode Island Refuse Disposal Act, and the RIDEM Solid Waste Regulations. The violation pertained to clearing, filling (in the form of at least soil material, bricks, rocks, boulders and concrete pieces), excavating, and/or creating soil disturbance within Swamp, Forested Wetland, Perimeter Wetland, and Riverbank Wetland. The violation resulted in the unauthorized alteration of approximately 2.3 acres of Swamp and/or Forested Wetland and approximately 8,800 square feet of Perimeter Wetland and/or Riverbank Wetland. The violation also pertained to the unauthorized disposal of approximately 2,775 cubic yards of solid waste (in the form of at least yard debris, wood chips, and household refuse) in the Swamp. In the NOV, OC&I ordered the Respondents to cease and desist from any further alterations to freshwater wetlands, cease disposal of solid waste, remove all solid waste from the property and restore all freshwater wetlands. OC&I assessed an administrative penalty of $8,000.00. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to apply for a permit within ninety (90) days to seek approval for a portion of the altered wetland currently used for the commercial business and restore the remaining wetlands on or before March 15, 2011. The Respondents also agreed to remove all solid waste from the property within ninety (90) days. The Respondents agreed that if a permit is not obtained by October 15, 2010 the Respondents would restore the altered wetlands within one hundred twenty (120) days of receipt of written notice from RIDEM. The Respondents also agreed to pay an administrative penalty of $5,000.00 in five installments. The first installment of $2,500.00 was paid upon execution of the Agreement. The remaining installments will be paid in five monthly payments of $500.00 each.

March 26, 2009 - OC&I/RI State Dam ID #295 re: The Town of Lincoln - Limerock Reservoir Dam. The Town of Lincoln is the owner of property located at Assessor's Plat 27, Lot 2 in the Town of Lincoln. The property includes a water body identified as Limerock Reservoir and a dam and associated spillway identified as Limerock Reservoir Dam No. 295 (the Dam). RIDEM classifies the Dam as High Hazard, which means that a failure or mis-operation of the Dam could result in a probable loss of human life. On July 9, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations for Dam Safety. The violation pertained to the failure to maintain the Dam in a safe condition. On October 4, 2005, OC&I received a report prepared by Respondent's engineering consultant. The report stated that the Dam was inaccessible, provided no benefit to Lincoln, exceeded its original design life and was nearing the practical design life for a corrugated metal pipe spillway, was deteriorated to a point where it was in poor condition and that it posed a risk to the downstream area. The report identified specific short term actions to decrease the potential for a failure of the Dam and recommended removal of the Dam as the best alternative for long term action. In the NOV, OC&I ordered the Respondent to install scour protection along the toe of the dam identified in the short term actions of the report and submit an application to the OC&I for repair of the Dam. OC&I assessed an administrative penalty totaling $1,000.00 (maximum authorized by law) and a continuing penalty of $1,000 per day for every day the Respondent failed to comply with the ordered actions. The Respondent filed an appeal of the NOV to AAD. The Respondent submitted to OC&I a proposal dated January 27, 2009 to repair the Dam (the Proposal). 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 submit an application to repair the Dam in accordance with the Proposal and agreed to commence work on the Dam in accordance with the approval on or after June 1, 2010 and complete all work on or before October 31, 2010. The Respondent also agreed to pay an administrative penalty of $500.00, which was paid upon execution of the Agreement.

March 30, 2009 - OC&I/Water Pollution File No. 2007 1295 WP and 07-0130 and OC&I/ISDS File No. CI 02-0225 re: CAPCO, Thomas L. Ford Trust, and Pasqua Realty Trust, Dave's Marketplace of Cumberland, Inc. and Rainha Construction Corp. for property located at 2077 Diamond Hill Road, Assessor's Plat 21, Lot 491 in the Town of Cumberland. The property is owned by CAPCO, Thomas L. Ford Trust, and Pasqua Realty Trust (collectively CFP). The property includes Dave's Marketplace, a Dunkin' Donuts Restaurant, and a commercial one- story building with multiple units. The wastewater for each building was treated by several individual sewage disposal systems located on the property. On June 12, 2008 OC&I issued an NOV to the Respondents alleging that Respondents CFP and Dave's Marketplace of Cumberland, Inc. (DMC) violated the Rhode Island Water Pollution Act and the RIDEM Water Quality Regulations, the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (January 2002), and Respondent Rainha Construction Corp. (Rainha) violated the ISDS Installers' Act, R.I.G.L. 5-56-1(a). The violations pertained to the discharge of sewage from one of the individual sewage disposal systems on the property into a storm water catch basin, the discharge of food waste and grease from Dave's Marketplace into a second storm water catch basin, and the unauthorized construction by an unlicensed person of a grease tank to accommodate waste from Dave's Marketplace that was connected to one of the individual sewage disposal systems on the property. On September 12, 2007, OC&I performed an inspection of the property that revealed that a 2,500 gallon grease tank had been installed by Rainha (on behalf of DMC) and connected to one of the septic systems on the property. The OC&I inspector spoke with John Rainha and Robert Fabiano, a representative of DMC. Mr. Rainha stated that he was not a licensed ISDS installer; however, he had worked with licensed ISDS installers in the past. Mr. Fabiano informed the inspector that, in response to complaints of odors, Rainha was hired to investigate the cause. Rainha's investigation revealed that a grease trap located in the front parking lot had an overflow pipe to one of the storm water catch basins on the property. The OC&I inspector was also informed that construction was underway to connect the plumbing for all the buildings to the town's sewerage system. In the NOV, OC&I ordered Respondent CFP to retain a registered professional engineer to submit a report that includes an as-built drawing of the sanitary sewage system, certification that all septic tanks, grease tanks, pump tanks, holding tanks, concrete chambers and/or cesspools were properly abandoned and certification that all the storm drainage pipes on the property were inspected and that no illicit connections are present. OC&I assessed an administrative penalty totaling $26,800.00 distributed as follows: CFP - $12,500.00; CFP and DMC - $12,500.00; Rainha, CFP and DMC - $800.00; and Rainha - $1,000.00. The Respondents filed an appeal of NOV to AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent DMC executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $3,000.00, which was paid upon execution of the Agreement. The NOV is still under appeal at AAD for the CFP.

March 31, 2009 - OC&I/UST File No. 09-00724 re: The Cove Haven Corporation for property located at 101 Narragansett Avenue, Assessor's Plat 13, Lot 2 in the Town of Barrington. The property includes a marina. On February 13, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertained to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) on or before June 30, 2007 for the underground storage tanks at the facility. The tanks are used for storage of petroleum products and are registered with RIDEM. In the NOV, OC&I ordered the Respondent to submit the completed Compliance Certification Forms. OC&I assessed an administrative penalty of $3,000.00. The Respondent filed an appeal of the NOV to AAD. The Respondent submitted the completed Compliance Certification Forms. 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 $1,000.00, which was paid upon execution of the Agreement.

March 31, 2009 - OC&I/Septic System File No. 2007 1481 IS and CI07-191 re: SPH LLC, Van Pavao, and Cosmo Manfredi, Jr. for property located at 3 Bluebird Lane, Assessor's Plat 4, Lot 72 in the town of Hopkinton. The property includes a 3 bedroom dwelling. The property is owned by SPH LLC. A permit was issued by the RIDEM Office of Water Resources (OWR) to construct an individual sewage disposal system (ISDS) on the property for a proposed dwelling. SPH LLC retained Daniel Cotta, a licensed ISDS designer, and Cosmo Manfredi, Jr., a licensed ISDS installer, to construct the ISDS in accordance with the permit. The ISDS was constructed and OWR issued a Certificate of Conformance to SPH LLC on December 28, 2006. SPH LLC was a Rhode Island corporation whose president was Van Pavao. The Rhode Island Office of Secretary of State issued a Revocation Certificate to SPH LLC on August 19, 2008. On January 27, 2009 OC&I issued an NOV to the Respondents alleging that Respondents SPH LLC and Van Pavao violated the RIDEM 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 use of an ISDS that does not conform to the terms of the permit and to the requirement that each dwelling has an ISDS of a type and design approved by RIDEM. The OC&I also alleged that Respondent Cosmo Manfredi violated the Rhode Island General Laws 5-56-7(1) and 5-56-7(6) and the ISDS Regulations. The violation pertained to the failure to adhere to the permit in constructing the ISDS and failure to stop construction and notify RIDEM if conditions during construction indicate that the ISDS cannot be installed in accordance with the permit. In the NOV, OC&I ordered the immediate revocation of the permit and the submission of a plan to prevent surface runoff from entering onto the neighboring property. OC&I assessed an administrative penalty of $600.00 against Respondents SPH LLC and Van Pavao and $400.00 against Respondent Cosmo Manfredi, Jr. OC&I also filed a formal complaint with OWR relative to the actions of Daniel Cotta and said complaint has initiated a separate OWR investigation. The Respondents filed an appeal of the NOV to AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent Cosmo Manfredi, Jr. executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay the administrative penalty of $400.00, which 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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