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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > October 2003 Summary

 
October 2003 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 October 2003. 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 Technical and Customer 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 Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

October 06, 2003 - OC&I/AIR File No. 03-03 re: Brookwood Laminating, Inc. for property located at 1425 Kingstown Road in the Town of South Kingstown. The OC&I alleges that the Respondent is in violation of the Rhode Island Clean Air Act (R.I.G.L. 23-23-1 et seq.) and RIDEM's Air Pollution Control Regulations ("APC Regulations"). The violations pertain to the Respondent's modified operation of a gas frame related to a new coating containing a volatile organic compound ("VOC") (isopropyl alcohol). The use of the new coating resulted in the emission of fifty-one (51) tons of VOC without first receiving a construction permit issued pursuant to APC Regulation 9 by the Office of Air Resources that would have authorized the operation of the equipment consistent with the Clean Air Act. The Respondent also operated the equipment without meeting specific capture efficiency and destruction efficiency requirements for air pollution control equipment and without obtaining VOC emission offset credits beforehand. The OC&I alleges that the Respondent is also in violation of APC Regulation No. 17 entitled "Odors" by allowing the emission of an air contaminant or combination of air contaminants which creates an objectionable odor beyond the property line of the facility. In the NOV, the OC&I ordered the Respondent to meet compliance with applicable APC Regulations within 60 days and assessed a penalty in the amount of $379,477.00. The Respondent has filed an appeal of the NOV with the AAD.

October 07, 2003 - OC&I/UST File No. 03-00851 re: General Oil Co., Inc. and The Tyree Organization, Ltd. for property located at 208 Gansett Avenue, Assessor's Plat 6, Lot 2410 in the City of Cranston. 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 the Respondents' substantial modification of their registered UST facility without prior written notification to and approval by the Director and their failure to submit a Certificate of Installation or Modification of UST form and other documentation pertaining to facility modifications and maintenance of the documentation. In the NOV, the OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed a penalty in the amount of $7,500.00. The Respondents have filed an appeal of the NOV with the AAD.

October 07, 2003 - OC&I/UST File No. 03-03066 re: A&W Artesian Well Co. for property located at 706 St. Paul Street, Assessor's Plat 5, Lot 221 in the Town of North Smithfield. The OC&I alleges that the Respondent is in violation of the UST Regulations. The violations pertain to the failure to conduct monthly and annual testing of the UST continuous monitoring systems ("CMS"), to maintain the required test records and for the failure to meet inventory record keeping requirements for UST systems. The OC&I ordered the Respondent to submit all missing monthly and annual test records for its CMS and to submit applicable product inventory records. The OC&I assessed a penalty in the amount of $10,972.00. The Respondent has filed an appeal of the NOV with the AAD.

October 07, 2003 - OC&I/UST File No. 03-02841 re: Vincent Iozzi, Angelina Iozzi and C&S of Providence, Inc. for property located at 306 Broadway, Assessor's Plat 28, Lot 118 in the City of Providence. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to corrosion protection requirements for UST systems, performance of 0.2 gallon per hour leak tests, line tightness testing requirements for UST systems, annual testing of line leak detectors, deactivation of the UST CMS and failing to repair any malfunction within 15 days, failing to conduct monthly and annual testing of the CMS for USTs, failing to meet inventory record keeping requirements and failing to maintain test records. The OC&I ordered the Respondents to meet the requirements of the applicable UST Regulations and assessed a penalty in the amount of $38,990.00. The Respondents have filed an appeal of the NOV with the AAD.

October 16, 2003 - OC&I/RCRA File No. 03-017 re: Detroit Collision Center, Inc. for property located at 1189 Douglas Avenue, Assessor's Plat 6, Lot 110 in the Town of North Providence. The OC&I alleges that the Respondent is in violation of Rhode Island's Hazardous Waste Management Act (R.I.G.L. 23-19.1 et seq.), the Rules and Regulations for Hazardous Waste Management, and Title 40 of the Code of Federal Regulations related to hazardous waste management enforced by the State of Rhode Island. The violations pertain to the Respondent's failure to meet requirements for labeling of stored containers of hazardous waste, secondary containment for containers of liquid hazardous waste, documentation of weekly inspection of hazardous waste storage areas, storage of ignitable hazardous waste within 50 feet of a property line, failing to submit a biennial report, failing to properly document authorized manifest signers, failing to maintain a contingency plan and requirements for the proper training of employees involved in hazardous waste management. The OC&I ordered the Respondent to meet all requirements of the applicable regulations and assessed a penalty in the amount of $15,600.00. The Respondent has filed an appeal of the NOV with the AAD.

October 16, 2003 - OC&I/UST File No. 03-01322 re: Anthony Corrado, Inc. and Anthony Corrado Realty, Inc. for property located at 125 Higginson Avenue, Assessor's Plat 1, lot 151 in the Town of Lincoln. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to the Respondents' failure to meet UST tightness testing requirements, installation of overfill protection requirements, maintenance of inventory control records and maintaining applicable testing records. The OC&I ordered the Respondents to submit all applicable records and assessed a penalty in the amount of $9,462.00. The Respondents have filed an appeal of the NOV with the AAD.

October 16, 2003 - OC&I/RCRA File No. 03-011 re: Cooley, Inc. for property located at 50 Esten Avenue, Assessor's Plat 62, lots 325, 326, 333, and Lot 324 on Moshassuck Street in the City of Pawtucket. The OC&I alleges that the Respondent is in violation of the Rules and Regulations for Hazardous Waste Management, and Title 40 of the Code of Federal Regulations related to hazardous waste management enforced by the State of Rhode Island. The violations pertain to the Respondent's failure to label containers of hazardous waste, properly complete labels on containers holding hazardous waste, failing to affix an accumulation start date to containers of hazardous waste, failing to inspect hazardous waste containers on a weekly basis, failing to provide secondary containment for containers of liquid hazardous waste and failing to determine the identity of a hazardous waste. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $16,000.00. The Respondent has filed an appeal of the NOV with the AAD.

October 16, 2003 - OC&I/Wetlands File No. C03-0099 re: Franklin Grove Corp. for property located north/northeast of Nate Whipple Highway at utility pole numbers 36 & 37, east/northeast of the intersection with Staples Road, Assessor's Plat 44, Lot 11 in the Town of Cumberland. The OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The violations pertain to the unauthorized alteration of approximately 7,600 square feet of forested freshwater wetland without first obtaining a permit from the Director. The alterations are associated with filling and construction activity for a dwelling and a garage. A prior permit consisting of an approved plan and letter of terms and conditions was issued for the property on March 11, 1997 and was recorded in the land evidence records of the Town of Cumberland on April 8, 1997. The Respondent purchased the property on January 11, 2002. The work that has occurred on the property was not conducted in conformance with the permit issued on March 11, 1997. The OC&I ordered the Respondent to restore the subject wetland and assessed a penalty in the amount of $1,000.00. This penalty represents the maximum penalty authorized by the statute. The Respondent has filed an appeal of the NOV with the AAD.

October 24, 2003 - OC&I/Septic System File No. CI92-20 re: Ralph and Phyllis Davis for property located at 334-340 Tiogue Avenue, Assessor's Plat 39, Lot 4 in the Town of Coventry. The property includes a multi-family (4-unit) dwelling. OC&I alleges that the Respondents are in violation of the Rules and Regulations Establishing Minimum Standards Relating to the Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violations pertain to the discharge of sewage to the surface of the ground and onto Tiogue Avenue from the septic system for the dwelling and failing to maintain a septic system in good working order. On February 3, 1995 RIDEM issued a Notice of Intent to Enforce (NOIE) to the Respondents for the violations. The Respondents failed to adequately comply with the terms of the NOIE. In the NOV the Respondents were ordered to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system was repaired, immediately take steps to reduce the discharge of sewage to the system, and repair the system or connect the dwelling to the sewerage system on Tiogue Avenue. OC&I assessed a penalty in the amount of $3,400.

October 24, 2003 - OC&I/Septic System File No. CI98-100 re: Wayne and Margaret Reynolds for property located at 25 Parker Street, Assessor's Plat 45, Lot 63 in the Town of Coventry. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violations pertain to the discharge of sewage to the surface of the ground and onto Parker Street from the septic system for the dwelling and failing to maintain a septic system in good working order. On June 12, 1998 OC&I issued a NOIE to the Respondents for the violations. The Respondents failed to adequately comply with the terms of the NOIE. In the NOV OC&I ordered the Respondents to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system was repaired, immediately take steps to reduce the discharge of sewage to the system, and have the system evaluated and repaired if necessary. OC&I assessed a penalty in the amount of $2,000.

October 27, 2003 - OC&I/Wetlands File No. C03-0150 re: Vincent Coccoli for property located approximately 70 feet northwest of East Wallum Lake Road, by utility pole no. 104, approximately 2,500 feet north-northwest of the intersection of Stone Barn Road and East Wallum Lake Road, Assessors Plat 52, Lot 7 in the Town of Burrillville. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The violations pertain to clearing, excavating, and filling in multiple areas of freshwater wetlands on the property. This activity has resulted in unauthorized alteration of 6,100 square feet of Swamp and 9,200 square feet of Perimeter Wetland and Riverbank Wetland. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondent on July 22, 2003 requiring the restoration of the freshwater wetlands. The Respondent failed to comply with the NOIE. In the NOV the Respondent was ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $2,300.00.

October 28, 2003 - OC&I/Septic System File No. CI01-04 re: Iliasi and Vasilicki Zarokostas for property located at 615 Putnam Pike, Assessor's Plat 17, Lot 9 in the Town of Glocester. The property includes a restaurant. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violations pertain to the discharge of sewage to the surface of the ground from the septic system for the restaurant. On April 25, 2002, OC&I issued a NOIE to the Respondents for the violations. The Respondents failed to adequately comply with the terms of the NOIE. In the NOV OC&I ordered the Respondents to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system was repaired, immediately take steps to reduce the discharge of sewage to the system, and have the system evaluated and repaired if necessary. OC&I assessed a penalty in the amount of $2,000.

October 28, 2003 - OC&I/Septic System File No. CI94-360 re: June St. Peter for property located at 17/19 Adams Street, Assessor's Plat 293, Lot 705 in the City of Warwick. The property includes a multi-family (2-unit) dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violations pertain to the discharge of sewage to the surface of the ground and onto Adams Street from the septic system for the dwelling. On or about July 17, 1995 RIDEM advised the Respondent of the violation. The Respondent failed to take appropriate action to resolve the violation. In the NOV OC&I ordered the Respondent to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system was repaired;, immediately take steps to reduce the discharge of sewage to the system, and connect to the public sewerage system. OC&I assessed a penalty in the amount of $2,000.

October 28, 2003 - OC&I/Septic System File No. CI98-212 re: Richard and Cynthia Sylvia for property located at 2 Jambray Avenue, Assessor's Plat 262, Lot 273 in the City of Warwick. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the septic system for the dwelling. On October 7, 1998, OC&I issued a NOIE to the Respondents for the violations. The Respondents failed to adequately comply with the terms of the NOIE. In the NOV OC&I ordered the Respondents to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system was repaired, immediately take steps to reduce the discharge of sewage to the system, and have the system evaluated and repaired if necessary. OC&I assessed a penalty in the amount of $2,000.

October 30, 2003 - OC&I/Water Pollution File No. WP 03-05 and Freshwater Wetland File No. C02-0001 re: Town of Coventry for property located approximately 400 feet south of the terminus of Industrial Drive and Flat River Road (Rt. 117), Assessor's Plat 29, Lots 138 and 177 in the Town of Coventry. The Audubon Society of Rhode Island owns the property. OC&I alleges that the Respondent is in violation of the Water Pollution Act and the Water Quality Regulations and the Freshwater Wetlands Act and Freshwater Wetland Regulations. The violations pertain to the creation of a drainage ditch within a Perimeter Wetland and the discharge of sediment-laden water into a Marsh and Riverbank Wetland adjacent to the Pawtuxet River. This activity has resulted in the unauthorized alteration of 300 square feet of Perimeter Wetland and 5,000 square feet of Marsh and Riverbank Wetland. In the NOV the Respondent was ordered to cease and desist immediately from any other further alteration of freshwater wetlands and restore the altered freshwater wetlands. OC&I assessed a penalty in the amount of $13,200.00.

Formal Enforcement Cases Settled or Resolved:

October 1, 2003 - PC 03-4207 re: Metro Waste, Inc. and Danya Izzo for property located at 6 Shun Pike, Assessor's Plat 31, Lot 43 in the Town of Johnston. On December 31, 2002 the OC&I issued a NOV alleging that the Respondents violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license. The violations pertained to the Respondents receiving, processing and storing construction and demolition (C&D) debris on the property. The OC&I ordered the Respondents to cease operating a solid waste management facility, cease disposal of C&D on the property and to remove all C&D material to a licensed solid waste management facility within 30 days. A penalty in the amount of $35,000.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to remove all solid waste from the property no later than 1 June 2003 and agreed to pay a penalty in the amount of $12,500.00. The penalty was to be paid over a period of time with $5,000.00 to be paid within thirty (30) calendar days of the execution of the Consent Agreement and the remaining $7,500.00 to be paid in 12 equal and consecutive monthly installments of $625.00. The OC&I inspected the subject property following the agreed upon deadline for removal of all solid waste and found solid waste remaining on the property. A complaint was filed with the Superior Court to resolve the noncompliance with the Consent Agreement executed by the Respondents. The Court executed a Consent Order. The Consent Order requires the Respondents to pay the Department within 30 days an amount of $20,000 for their noncompliance with the Consent Agreement and to remove all solid waste from the property.

October 9, 2003 - PC 98-5197 re: Elvira S. Moniz Estate Trust for property located at 313-317 Canonicus Street, Assessor's Map 9-7, Block 30, Card 6 in Town of Tiverton. The property includes both a single-family dwelling and a multi-family (4-unit) dwelling. On February 9, 1999 OC&I issued a NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwellings. In the NOV OC&I ordered the Respondent to cease the discharge of sewage and to repair the septic system. OC&I assessed a penalty of $10,700.00. The Respondent requested a hearing on the NOV. Prior to the issuance of the NOV RIDEM had filed a complaint in Superior Court requesting that the Court order the Respondent to take actions to address the imminent threat to public health caused by the failed system. Between October 1998 and April 1999 the Court issued 4 orders requiring the Respondent to take actions to cease the discharge of sewage to the surface of the ground. Prior to the hearing on the NOV, the Respondent filed for bankruptcy. As settlement of the bankruptcy proceeding, the Respondent entered into an agreement with RIDEM to pay a penalty of $9,000.00. The penalty was paid; however, the Respondent failed to comply with the Court Orders requiring the repair of the failed septic system. A Court Order issued in April 2000 resulted in the property being vacated and the appointment of a receiver. The receiver sold the property to a new owner who repaired all the systems on the property.

October 22, 2003 - PC03-3134 re: John F. Sparin for property located at 50 Melrose Street, Assessor's Plat 18, Lot 684 in the Town of Cumberland. The property includes a single-family dwelling. OC&I alleged the Defendant violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the failed septic system for the dwelling. On October 8, 2002 a NOV was issued to the Defendant. In the NOV, OC&I ordered the Defendant to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $1,000.00. The Defendant failed to request a hearing on the NOV. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendant to repair the failed septic system and pay the penalty assessed in the NOV. The Court ordered the Defendant to submit a repair application to RIDEM and pay the $1,000.00 penalty within 30 days.

October 22, 2003 - PC 03-0315 re: Kenneth and Susan U. Kaplan for property located at 5 Red Oak Drive, otherwise known as Assessor's Plat 102, Lot 106 in the Town of Coventry. The property includes a single-family dwelling. OC&I alleged the Defendants were in violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from a failed septic system for the dwelling. On September 17, 2002 an NOV was issued to the Defendants. In the NOV, OC&I ordered the Defendants to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty in the amount of $1,000. The Defendants failed to request a hearing on the NOV. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendants to repair the failed septic system and pay the penalty assessed in the NOV. Prior to the court hearing, the Defendants repaired the septic system. A Court Order was entered requiring the Defendants to pay an administrative penalty of $750 in monthly installments.

Superior Court Actions Issued:

None filed this month.

Superior Court Actions Settled or Resolved:

October 1, 2003 - PC 03-4207 re: Metro Waste, Inc. and Danya Izzo for property located at 6 Shun Pike, Assessor's Plat 31, Lot 43 in the Town of Johnston. On December 31, 2002 the OC&I issued a NOV alleging that the Respondents violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license. The violations pertained to the Respondents receiving, processing and storing construction and demolition debris on the property. The OC&I ordered the Respondents to cease operating a solid waste management facility, cease disposal of C&D on the property and to remove all C&D material to a licensed solid waste management facility within 30 days. A penalty in the amount of $35,000.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to remove all solid waste from the property no later than 1 June 2003 and agreed to pay a penalty in the amount of $12,500.00. The penalty was to be paid over a period of time with $5,000.00 to be paid within thirty (30) calendar days of the execution of the Consent Agreement and the remaining $7,500.00 to be paid in 12 equal and consecutive monthly installments of $625.00. The OC&I inspected the subject property following the agreed upon deadline for removal of all solid waste and found solid waste remaining on the property. A complaint was filed with the Superior Court to resolve the noncompliance with the Consent Agreement executed by the Respondents. The Court executed a Consent Order. The Consent Order requires the Respondents to pay the Department within 30 days an amount of $20,000 for their noncompliance with the Consent Agreement and to remove all solid waste from the property.

October 9, 2003 - PC 98-5197 re: Elvira S. Moniz Estate Trust for property located at 313-317 Canonicus Street, Assessor's Map 9-7, Block 30, Card 6 in Town of Tiverton. The property includes a single family and multi-family (4-unit) dwelling. On February 9, 1999 OC&I issued a NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwellings. In the NOV OC&I ordered the Respondent to cease the discharge of sewage and to repair the septic system. OC&I assessed a penalty of $10,700.00. The Respondent requested a hearing on the NOV. Prior to the issuance of the NOV RIDEM had filed a complaint in Superior Court requesting that the Court order the Respondent to take actions to address the imminent threat to public health caused by the failed system. Between October 1998 and April 1999 the Court issued 4 orders requiring the Respondent to take actions to cease the discharge of sewage to the surface of the ground. Prior to the hearing on the NOV, the Respondent filed for bankruptcy. As settlement of the bankruptcy proceeding, the Respondent entered into an agreement with RIDEM to pay a penalty of $9,000.00. The penalty was paid, however, the Respondent failed to comply with the Court Orders requiring the repair of the failed septic system. A Court Order issued in April 2000 resulted in the property being vacated and the appointment of a receiver. The receiver sold the property to a new owner who repaired all the systems on the property.

October 22, 2003 - PC03-3134 re: John F. Sparin for property located at 50 Melrose Street, Assessor's Plat 18, Lot 684 in the Town of Cumberland. The property includes a single-family dwelling. OC&I alleged the Defendant violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the failed septic system for the dwelling. On October 8, 2002 a NOV was issued to the Defendant. In the NOV, OC&I ordered the Defendant to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $1,000.00. The Defendant failed to request a hearing on the NOV. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendant to repair the failed septic system and pay the penalty assessed in the NOV. The Court ordered the Defendant to submit a repair application to RIDEM and pay the $1,000.00 penalty within 30 days.

October 22, 2003 - PC 03-0315 re: Kenneth and Susan U. Kaplan for property located at 5 Red Oak Drive, otherwise known as Assessor's Plat 102, Lot 106 in the Town of Coventry. The property includes a single-family dwelling. OC&I alleged the Defendants were in violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from a failed septic system for the dwelling. On September 17, 2002 an NOV was issued to the Defendants. In the NOV, OC&I ordered the Defendants to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty in the amount of $1,000. The Defendants failed to request a hearing on the NOV. RIDEM filed a complaint in Superior Court requesting that the Court order the Defendants to repair the failed septic system and pay the penalty assessed in the NOV. Prior to the court hearing, the Defendants repaired the septic system. A Court Order was entered requiring the Defendants to pay an administrative penalty of $750 in monthly installments.

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rev. 12/1/03