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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > March 2013 Summary

 
March 2013 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 2013. 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 Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

March 4, 2013 - Freshwater Wetlands File No. C05-0161 re: Walter F. Barnes, Jr. and Barbara Barnes for property located approximately 700 feet west of Tower Hill Road (Route 1) adjacent to number 2845 Tower Hill Road, approximately 850 feet southwest of the intersection of Tower Hill Road and Vineyard Road, Assessor's Plat 5, Lot 20 in the town of North Kingstown. The Respondents own the property. The Respondents acquired the property on January 20, 2011. Walter F. Barnes III formerly owned the property. Mr. Barnes died on February 6, 2010 and his estate was closed on February 16, 2011. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to filling (in the form of at least soil material) and installing culverts within Swamp, Perimeter Wetland, Streams, Rivers, and Riverbank Wetland. These activities have resulted in the unauthorized alteration of approximately 35,600 square feet of freshwater wetland. On May 5, 2005, March 27, 2009 and May 13, 2009 the OC&I inspected the property and documented the violation. On August 4, 2010 the OC&I received correspondence from the attorney representing Mr. Barnes indicating that the violation would be brought to conclusion without the necessity of the issuance of a NOV. In 2011, the OC&I met with Mr. Barnes' brother to try to resolve the violation. On September 19, 2012 the OC&I sent a letter to the attorney representing Mr. Barnes' estate, advising him that the violation remained unresolved and had to be completed by the fall of 2012 to avoid issuance of a NOV. The OC&I did not receive a response to the letter. In the NOV, the OC&I ordered the Respondents to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I did not assess an administrative penalty.

March 8, 2013 - Dam File No. 313 (Hughesdale Upper Pond Dam) re: Fontaine Living Trust for property located southeast of the intersection of Earl Drive and Central Avenue and northwest of the northern end of Parrillo Circle in the town of Johnston. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on December 9, 2011 and March 4, 2013. The inspection revealed an inoperable low level gate and that the crest of the embankment right of the spillway was about 2 feet lower than the crest to the left of the spillway and appeared to be periodically overtopped. In the NOV, the OC&I ordered the Respondent to retain a professional engineer to inspect the embankment crest to the right of the spillway and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The Respondent was also ordered to repair the low level gate. The OC&I did not assess an administrative penalty.

March 8, 2013 - OWTS File No. 12-120 and CI 12-92 re: June E. Rowan for property located at 905 Joslin Road, Assessor's Plat 79, Lot 37 in the town of Burrillville. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On August 29, 2012, the OC&I inspected the property and documented the violation. On August 30, 2012, the OC&I issued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00.

March 29, 2013 - Hazardous Waste File No. OCI-HW-12-93 re: Kevin Villeneuve for a property located at 1452 Park Avenue in the city of Cranston. The Respondent owns the property. The property includes a business for automobile body repair (facility). Auto Restorations Unlimited, Inc. d/b/a Maaco Auto Painting & Body Works (Maaco) operates the facility. Rhode Island's Secretary of State's database lists Auto Restorations Unlimited, Inc. as an inactive corporation. The record lists the Respondent as the president of the corporation. Maaco is registered with RIDEM as a small quantity hazardous waste generator at the facility. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations pertain to Respondent's failure to: label and keep closed one 55 gallon container holding paint thinner; label, mark with accumulation start dates and store in a containment system three 55 gallon and three 5 gallon containers holding paint thinner; conduct weekly inspections of the containers; provide annual training to employees; develop a contingency plan that had all the key elements; and submit to the RIDEM a list of agents authorized to sign hazardous waste manifests. The OC&I inspected the facility on August 23, 2012 and documented the violations. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $35,551.00.

March 29, 2013 - OWTS File No. 12-53 and CI 12-42 re: KSL-SK, Inc. for property located at 3033 & 3045 Tower Hill Road, Assessor's Plat 18-2, Lots 11 & 12 and Plat 18-3, Lots 13 & 14 in the town of South Kingstown. The property includes a commercial development and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On March 20, 2012, the OC&I inspected the property and documented the violation. On April 2, 2012, the OC&I issued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. On August 3, 2012, in response to the notice, the Respondent submitted an application to RIDEM to repair the OWTS. On August 23, 2012 the RIDEM returned the application as unacceptable. The RIDEM cited specific deficiencies in the application that the Respondent was required to correct. Thus far, the Respondent has failed to resubmit the application to the RIDEM. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, resubmit the application that corrects the deficiencies RIDEM identified, and repair the OWTS in accordance with an approval issued by the RIDEM. The OC&I assessed an administrative penalty of $5,800.00.

Formal Enforcement Cases Settled or Resolved:

March 1, 2013 - Hazardous Waste File No. 2010-77 HW re: WAL, Inc. for a facility located at 438 West Fountain Street in the city of Providence. The facility manufactures and sells custom auto body paints. On April 1, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertained to Respondent's failure to: obtain a permit from RIDEM for the storage of hazardous waste (in the form of waste auto body paints and paint thinners); obtain an Environmental Protection Agency (EPA) identification number from RIDEM as a hazardous waste generator; properly label all containers holding hazardous waste, excluding satellite containers, with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark containers holding hazardous waste with the date upon which the waste first began to accumulate; provide a containment system for all drums and containers holding liquid hazardous waste in storage onsite; maintain adequate aisle space to allow for the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment; conduct weekly inspections of container storage areas and maintain documentation of each inspection; prepare and maintain a contingency plan; provide training for all employees who manage hazardous waste; test and maintain all fire protection equipment; and submit to RIDEM a list of agents authorized to sign uniform hazardous waste manifests for shipments of hazardous waste. The OC&I inspected the facility on July 15, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $49,988.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $16,250.00 in cash and perform one Supplemental Environmental Project (SEP). A cash payment of $5,450 was paid upon signing the Agreement, and the remaining penalty will be paid in two installments of $5,400.00 each within 60 days and 120 days, respectively. The SEP involves sponsoring a Rhode Island State House Recycling Awards event that is organized by the Rhode Island Schools Recycling Club. The Respondent agreed to make a payment of $5,000.00 to fund this event.

March 5, 2013 - Dam File No. 121 (Sprague Lower Reservoir Dam) re: Charles and Pauline Bates for property located west of Arrowhead Trail and northwest of the intersection of Arrowhead Trail and Indian Run Trail in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. On November 20, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondents' failure to maintain the dam in a safe condition and the failure to register the dam. The dam was inspected on November 23, 2009. The inspection revealed the following conditions: thick leaf cover on the upstream and downstream embankments that did not allow a proper inspection to be performed; heavy brush cover of the left training wall of the primary spillway that did not allow a proper inspection to be performed; and an unknown operability of the low level outlet. The OC&I considers the dam unsafe because of the thick leaf cover and heavy brush cover that inhibits a proper inspection and the unknown operability of the low level outlet. On April 2, 2012, the OC&I issued a certified letter to the Respondents that included a registration form for the dam. The Respondents were required to complete and return the form to the OC&I by July 21, 2012. The Respondents failed to provide the registration form to the OC&I. In the NOV, the OC&I ordered the Respondents to submit the registration form, remove the heavy leaf cover from the upstream and downstream embankments, cut and remove the heavy brush cover from the left training wall of the primary spillway, retain a professional engineer to inspect the dam (that must include an evaluation of the operability of the low level outlet), and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition, and a schedule to complete the work. The OC&I did not assess an administrative penalty. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the RIDEM's legal counsel completed additional research on ownership of the dam in response to information provided by the Respondents and determined that the Respondents are not the owners of the dam. As such, the OC&I rescinded the NOV.

March 8, 2013 - OWTS File No. 12-102 and CI 12-81 and OWTS Installers License No. L1554 re: Lucas D'Allesandro. The Respondent holds an onsite wastewater treatment system (OWTS) license issued by the RIDEM to install, construct, alter and repair OWTSs in Rhode Island. On October 9, 2012 the OC&I issued an NOV and Suspension of License to the Respondent alleging that the Respondent violated Rhode Island's OWTS Installer's Act and the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the Respondent's unauthorized repair to an OWTS located at 699 Danielson Pike in the town of Scituate. On June 26, 2012, the OC&I inspected the property. The inspection revealed that the OWTS was being repaired by the Respondent. The Respondent did not have approval from the RIDEM to repair the OWTS at the property. The Respondent immediately ceased the OWTS repair upon the OC&I's inspection and subsequently submitted a repair application to the RIDEM. On July 17, 2012, the OC&I issued the Respondent a Notice of Intent to Suspend or Revoke OWTS Installer's License (NIE). The NIE offered the Respondent the opportunity to show cause why his license should not be suspended or revoked. On September 7, 2012, the RIDEM met with the Respondent, and he admitted that he had repaired the OWTS at the property without first receiving approval from the RIDEM. On September 13, 2012, the Respondent submitted a letter to the RIDEM explaining that he had installed 3 flow diffusers to repair the OWTS; however, the letter did not show cause why the RIDEM should not suspend or revoke his license. In the NOV, OC&I ordered the Respondent's license suspended for six months. OC&I assessed an administrative penalty of $1,000.00. The Respondent failed to file an appeal of the NOV and Suspension of License with AAD. The Respondent fully complied with the NOV and his license has been reactivated.

March 11, 2013 - Air File No. 12-10 re: Key Container Corporation for a facility located at 21 Campbell Street in the city of Pawtucket. On December 5, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 6 - Continuous Emission Monitors. The violation pertained to the failure to maintain an opacity monitor at the facility. On August 23, 2012 the OC&I inspected the facility. The inspection revealed two boilers in operation, and the gases from the boilers connected to an exhaust stack that discharges to the atmosphere. A nonfunctioning opacity monitor was observed hanging from its position on the exhaust stack. Review of inventory records showed that the facility uses its boilers on a year-round basis, with number 6 oil as the primary liquid fuel. The boilers are rated at 8.375 million British Thermal Units (BTUs) per hour. The RIDEM's APC Regulation No. 6 requires an opacity monitor and audio alarm for any fossil fuel fired steam or hot water generating unit having a heat input capacity of 5.0 million BTUs or more per hour burning liquid fuel. In the NOV, the OC&I ordered the Respondent to equip the boilers with a properly functioning opacity monitor and audio alarm. The OC&I assessed an administrative penalty of $12,465.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent converted one of the boilers to be fueled by natural gas, and the OC&I and the Respondent executed a consent agreement to resolve the NOV. The Respondent agreed to pay $2,465 in cash and perform a Supplemental Environmental Project (SEP). The SEP involves replacement of the second boiler with a new boiler fueled by natural gas. The cost to replace the boiler is estimated at $384,050. The OC&I agreed to provide a SEP credit of $10,000.00 for the second boiler. The Respondent paid the cash penalty upon signing the Agreement.

March 12, 2013 - Dam File Nos. 168 (Oak Swamp), 169 (Almy), 170 (Simmons Upper) and 171 (Simmons Lower) re: Town of Johnston for dams in the town of Johnston. Dam 168 is located west of Reservoir Avenue, south of Hartford Avenue and north of Shore Drive. Dam 169 is located north of Central Avenue, west of route I-295 and east of Reservoir Avenue. Dam 170 is located east of Taylor Road, north of Plainfield Pike and west of route I-295. Dam 171 is located north of Plainfield Pike, east of Taylor Road and west of route I-295. The Town owns the dams. The dams are classified by RIDEM as High Hazard. On October 21, 2010 the OC&I issued an NOV to the Town alleging that the Town violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Town's failure to maintain the dams in a safe condition and the Town's failure to properly register each dam. The OC&I issued a letter to the Town on September 18, 2008 that included registration forms for each dam that the Town was required to complete and return to the OC&I. The Town failed to provide the registration forms to the OC&I. On June 4, 2010 Dam 168 was inspected. The inspection revealed that the low level gate was inoperable and that there was severe erosion in three areas on the embankment crest. On July 28, 2010 Dam 169 was inspected. The inspection revealed the following: dense vegetation on the embankment and downstream toe that did not allow a proper inspection to be performed; severe erosion on the embankment upstream slope and crest near the low level gate; and an inoperable low level gate. On September 9, 2010 Dam 170 was inspected. The inspection revealed dense vegetation on much of the embankment and downstream toe that did not allow a proper inspection to be performed and an inoperable low level gate. On September 9, 2010 Dam 171 was inspected. The inspection revealed dense vegetation on much of the embankment and downstream toe that did not allow a proper inspection to be performed; about half of the length of the spillway filled with sediment and vegetation and the adjacent embankment severely eroded; and an inoperable low level gate. In the NOV the Town was ordered to submit the registration forms for the dams, cut or remove the improper vegetation, retain a licensed engineer to inspect the dams and submit a report of his/her findings to the OC&I, and repair the dams in the areas noted in the inspections. The OC&I did not assess an administrative penalty. The Town filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Town submitted the registration forms to the OC&I and executed a Consent Agreement with the OC&I to resolve the NOV. By May 1, 2013 the Town agreed to submit an escrow agreement to the RIDEM that will describe the disbursement of funds associated with compliance with the Agreement. The Town will deposit into the escrow account sufficient funds to complete the repairs over the next five years. By January 1, 2014 the Town will retain a registered professional engineer with experience in dam inspection, design, construction and repair to oversee the work, with all repairs completed in accordance with the Order section of the NOV by June 30, 2018.

March 15, 2013 - OWTS File CI 10-132 re: Louis C. Macchiarola and OWTS File 12-33 and CI 10-132 re: Christine Adams for property located at 930 Mendon Road, Assessor's Plat 34, Lot 117 in the town of Cumberland. The property includes a residential dwelling. On August 1, 2011 the OC&I issued an NOV to Mr. Macchiarola as the owner of the property alleging that he violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On December 13, 2010 the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered Mr. Macchiarola to retain a licensed OWTS designer to evaluate the system and if it was determined that a repair was needed, to repair the system in accordance with the RIDEM's OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,000.00. Mr. Macchiarola failed to file an appeal of the NOV with AAD and failed to comply with the NOV. The property was later acquired by Christine Adams d/b/a Future Properties, Inc., and she continued to rent the dwelling without taking action to comply with the NOV (despite full knowledge of the NOV). On February 24, 2012 the OC&I inspected the property and documented the continued discharge of sewage from the OWTS to the surface of the ground. On March 12, 2012 Ms. Adams submitted an application to the RIDEM to repair the failed OWTS. On April 3, 2012 the OC&I issued an NOV to Ms. Adams for the discharge of sewage from the OWTS to the surface of the ground. In the NOV, the OC&I ordered Ms. Adams to keep the OWTS pumped as often as necessary to prevent sewage overflows, correct any deficiencies in the repair application upon written notification of such by the RIDEM, and repair the OWTS in accordance with the approval issued by the RIDEM. The OC&I assessed an administrative penalty of $800.00. Ms. Adams failed to file an appeal of the NOV with AAD. The OWTS was repaired to the satisfaction of the RIDEM and the full penalties assessed in the NOVs were paid, thereby resolving the NOVs.

March 18, 2013 - Freshwater Wetland File No. FW C08-136 re: Gerald Del Signore, Jr. and Deborah Del Signore for property located at 191 Pray Hill Road, Assessor's Plat 9, Lot 186 in the town of Glocester. The Respondents own the property. On May 26, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, grading and filling (in the form of soil material), creating pasture/grazing areas (in some locations), and installing a well and pump within a Swamp and Riverbank Wetland; clearing, filling (in the form of soil material, stone, and other construction materials), grading, and creating soil disturbance within a Riverbank Wetland and Perimeter Wetland; clearing, grading, and creating pasture/grazing areas within a second Riverbank Wetland and Perimeter Wetland; clearing, filling (in the form of soil material, stone and other construction materials), grading and creating soil disturbance within a Perimeter Wetland; clearing, grading, and creating pasture/grazing areas within another portion of the Perimeter Wetland; and clearing, filling (in the form of soil material and piping), grading, and creating soil disturbance within a Stream. This activity resulted in the unauthorized alteration of approximately 2.0 acres of freshwater wetland. The OC&I inspected the property on May 20, 2008, July 3, 2008 and December 5, 2008 and documented the violations. The Respondents did not receive approval from RIDEM to alter the freshwater wetlands. In the NOV, the OC&I ordered the Respondents to restore the freshwater wetlands. The OC&I assessed an administrative penalty of $3,250.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents submitted documents to RIDEM to demonstrate that they meet the definition of farmers as that term is defined in Rhode Island's Freshwater Wetlands Act, submitted a plan to restore the altered wetlands that was approved by the OC&I on October 9, 2012 (Wetland Restoration Plan) and executed a Consent Agreement with the OC&I to resolve the NOV. The Respondents agreed to restore the altered wetlands in accordance with the Wetland Restoration Plan by June 30, 2013 and pay a penalty of $1,400.00. The penalty was paid upon execution of the Agreement.

March 25, 2013 - Dam File No. 126 (Georgiaville Pond Dam) re: Deborah A. Bliss for a dam identified as Georgiaville Pond Dam, located north and west of Stillwater Road and east of Farnum Pike in the town of Smithfield. The Respondent owns a portion of the dam. The dam is classified by RIDEM as High Hazard. On August 8, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondent's failure to maintain the dam in a safe condition and the failure to register the dam. The dam was inspected on May 20, 2010. The inspection revealed that the crest of the embankment was lowered by 6 feet. The OC&I considered the dam unsafe because of the lowered embankment crest. On April 25, 2012, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by June 22, 2012. The Respondent did not provide the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form and retain a professional engineer to either submit an application to the OC&I to repair the embankment and complete the repair in accordance with the approval issued by OC&I or submit a report to the OC&I that demonstrates that there is no need to repair the embankment to maintain the dam in a safe condition. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, and as a follow up to discussions with the Respondent, the OC&I did further investigation on the condition of the embankment relative to the other portions of the dam. The OC&I determined that although the portion of the dam that the Respondent owns has been lowered, the top elevation is similar to that of the Town beach/parking lot portion of the dam. These sections of the dam are about 3 to 5 feet lower than the remainder of the dam. The OC&I may reevaluate this issue in the future, but for now the OC&I is not considering the dam unsafe. As such, the OC&I rescinded the NOV.

Superior Court Actions Issued:

March 22, 2013 - Dam File No. 742 (Creamer Dam) and Superior Court File No. PC 13-1362 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Manuel Laureanno and Laureanno Development Corporation for property located on the east of Main Road, south of West Ridge Road and north of the northern end of Mallard Lane, in the town of Tiverton. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondents own the dam. On August 3, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violations pertained to the Respondents' failure to maintain the dam in a safe condition and the failure to register the dam. On September 15, 2010 the OC&I issued a certified letter to the Respondents that included a registration form for Dam 742. The Respondents were required to complete and return the registration form to the OC&I by October 11, 2010. The Respondents failed to submit the registration form. On September 29, 2010 RIDEM inspected the dam. The inspection revealed excessive vegetation on the upstream and downstream slopes of the dam embankment and the crest of the dam (from about 400 feet from the left end of the dam to the right end of the dam) that did not allow a proper inspection to be performed. In the NOV, the OC&I ordered the Respondents to take the following actions: complete and submit the registration form to the OC&I; remove the excess vegetation from the dam embankment; retain a professional engineer with experience in dam inspections to inspect the dam; submit a report of the findings of the inspection to the OC&I (Inspection Report); and submit an application to the OC&I along with a schedule to repair any components of the dam that the Inspection Report concludes require repair. The OC&I did not assess an administrative penalty. The Respondents failed to file an appeal of the NOV with AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Respondents to comply with the NOV.

Superior Court Actions Settled or Resolved:

March 28, 2013 - Site Remediation File No. SR 95-023 and Superior Court File No. PC 13-0235 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant John F. Cunningham, Sr. for property located at 7 or 17 Oak Street, Assessor's Map Plat 25, Lot 66B in the town of Smithfield. The Defendant is the former owner of the property. On November 7, 1995 the RIDEM issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Hazardous Waste Management Act and the RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertained to the disposal of hazardous waste on the property. In the NOV the OC&I ordered the Defendant to remove all hazardous waste found on the property and arrange for its disposal at a licensed facility in accordance with State law and the RIDEM's regulations. The RIDEM assessed an administrative penalty of $2,000.00. The Defendant filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Defendant executed a Consent Agreement on December 13, 2001 to resolve the NOV. The Respondent agreed to remove all solid waste and hazardous waste found on the property within 180 days and dispose of the waste in accordance with all State laws and RIDEM's regulations and pay the $2,000.00 penalty. The Defendant paid the penalty, but failed to properly remediate the property. On October 19, 2004 the RIDEM conducted an inspection of the property. The inspection revealed that contaminants in the soil at the property had migrated into the groundwater underlying said property. On August 29, 2012 the RIDEM sent notice to the Defendant that he must comply with the Consent Agreement. The Defendant did not comply. On January 9, 2013, the OC&I filed a complaint in Superior Court against the Defendant. In the complaint, the OC&I asked the Court to order the Defendant to comply with the Consent Agreement. The Court issued an order entering judgment against the Defendant in the amount of $287,500.00, which the Plaintiff deemed sufficient to cover all costs related to the remediation of the property.

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