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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > October 2012 Summary

 
October 2012 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 2012. 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:

October 2, 2012 - Freshwater Wetlands File No. C12-079 re: John and Lisa Reis for property located at 90 Zachariah Place, Assessor's Plat 328, Lot 475 in the city of Warwick. The Respondents own the property. The OC&I alleges that the Respondents violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of at least beach sand, patio furniture and assorted accessories), the construction of a patio, and shed installation within the Perimeter Wetland of Warwick Pond. This activity resulted in the unauthorized alteration of approximately 1,000 square feet of freshwater wetland. On June 14, 2012, the OC&I inspected the property and documented the violation. 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.

October 2, 2012 - Freshwater Wetlands File No. C12-45 re: Alfred Detri, Jr. and Lucille Detri for property located at 66 Colwell Road, Assessor's Plat 47, Lot 218 in the town of Smithfield. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetland Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and maintaining a lawn within Perimeter Wetland. This activity has resulted in the unauthorized alteration of approximately 7,250 square feet of freshwater wetland. On April 6, 2012, the OC&I inspected the property and documented the violation. The OC&I had previously issued a Notice of Violation to the Respondents on June 28, 2006 for altering this same wetland. The Respondents restored the wetlands and signed an agreement with the RIDEM that required them to allow the wetlands to revert to a natural wild condition. The Respondents failed to comply with the agreement. 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. OC&I assessed an administrative penalty in the amount of $4,000.00.

October 5, 2012 - Air File No. 12-09 re: Rhode Island Hospital for a facility located at 593 Eddy Street in the city of Providence. On March 11, 2009, the RIDEM issued an operating permit to the Respondent to emit air pollutants from three air pollution control devices. The permit requires the Respondent to maintain the outlet temperature of each control device at or above 280 degrees Fahrenheit whenever ethylene oxide is being discharged to the device. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulations. The violation pertains to the Respondent's failure to comply with its permit. On January 30 and 31, 2012, the RIDEM inspected the facility. The inspections and review of the weekly circular temperature charts revealed that the Respondent failed to maintain the outlet temperature for 2 of the control devices at or above 280 degrees Fahrenheit during the entire duration that ethylene oxide was discharging to the devices. The charts showed that the noncompliance spanned 4 ¼ years from the last quarter of 2007 through 2011, during which the outlet temperature was maintained at or above 280 degrees Fahrenheit for only 3-4 hours of the 12-15 hours that ethylene oxide was discharging to the devices. The Respondent took corrective action to prevent a recurrence of the violation. In the NOV, OC&I assessed an administrative penalty of $8,500.00.

October 9, 2012 - OWTS File No. 12-102 and CI 12-81 and OWTS Installers License No. L1554 re: Lucas D'Allesandro. The Respondent holds an OWTS license issued by the RIDEM to install, construct, alter and repair OWTSs in Rhode Island. The OC&I alleges that the Respondent is in violation of 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 pertains 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.

October 9, 2012 - Freshwater Wetlands File No. C06-0252 re: Glenn and Kimberly Teolis for property located at 55 Falcon Lane, Assessor's Plat 35, Lot 325 in the city of Cranston. The Respondents own the property. 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 soil material), clearing, grading and creating soil disturbance within Swamp and Perimeter Wetland. These activities have resulted in the unauthorized alteration of approximately 9,185 square feet of freshwater wetland. On December 18, 2006, January 24, 2007, May 15, 2007, March 13, 2008, April 6, 2011, June 7, 2011, October 28, 2011, February 12, 2012 and May 9, 2012, the OC&I inspected the property and documented the violation. On April 20, 2007, the OC&I issued an informal written notice to the Respondents for the violation. The notice required specific actions to correct the violations. The OC&I had numerous discussions and field meetings with the Respondents regarding the violation; however, the Respondents failed to comply with the notice. 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. OC&I assessed an administrative penalty in the amount of $4,500.00.

October 16, 2012 - Air File No. 12-11 re: Electric Boat Corporation for a facility located at 165 Dillabur Avenue in the town of North Kingstown. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of two emergency generators without a permit from the RIDEM. On August 9, 2012, the RIDEM received two minor source permit applications for a 189 horsepower (HP) natural gas fired emergency generator installed in May 2010 and a 530 HP natural gas fired emergency generator installed in May 2012. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $2,000.00.

October 16, 2012 - Air File No. 12-12 re: United States Coast Guard for facilities located at 195 James P. Murphy Highway in the town of West Warwick (West Warwick facility) and 12 Old Town Road in the town of New Shoreham (New Shoreham facility). The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of two emergency generators without a permit from the RIDEM. On July 19, 2012, the RIDEM received two minor source permit applications for two 61 horsepower (HP) propane-fired emergency generators installed on or about July 24, 2009, one each at the West Warwick facility and the New Shoreham facility. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $2,000.00.

October 16, 2012 - Air File No. 12-13 re: C. R. Bard, Inc. for a facility located at 100 Crossings Boulevard in the city of Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of an emergency generator without a permit from the RIDEM. On September 21, 2012, the RIDEM received a minor source permit application for a 357 horsepower (HP) natural gas fired emergency generator installed on or about March 7, 2008 at the facility. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $1,230.00.

October 16, 2012 - Septic System File OWTS-12-86 and CI 12-69 re: Jean Marie (Cooper) Cornicelli for property located at 98 Drum Rock Avenue, Assessor's Plat 244, Lot 19 in the city of Warwick. 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 (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On June 6, 2012, the OC&I inspected the property and documented the violation. On June 7, 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 respond to or 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 $600.00.

Formal Enforcement Cases Settled or Resolved:

October 12, 2012 - Septic System File CI 11-89 re: Richard J. Lyons and Constance L. Lyons for property located at 42 Pinecrest Drive, Assessor's Parcel ID No. 38-4-3 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondents. On November 22, 2011, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the 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) to the surface of the ground. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system, and, if it's determined that a repair is needed, to connect the plumbing for the dwelling to the town's sewerage system (if sewers will be available within one year) or repair the system in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $1,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents repaired the OWTS and submitted documentation to the OC&I to show that they do not have the financial means to pay any portion of the penalty assessed in the NOV. As such, the OC&I waived the administrative penalty assessed in the NOV.

October 12, 2012 - Dam File No. 084 (Wenscott Reservoir) re: Town of North Providence for a dam located northeast of Douglas Avenue, northwest of Asylum Road and west of Less Farm Commons Drive in the town of North Providence. The Respondent owns the dam. The dam is classified by RIDEM as High Hazard. On November 15, 2010, 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 Respondent's failure to properly register the dam. The OC&I issued a letter to the Respondent on January 13, 2009 that included a registration form for the dam that the Respondent was required to complete and return to the OC&I. The Respondent has failed to provide the registration form to the OC&I. On November 24, 2009, Dam 084 was inspected. The inspection revealed that the low-level gate was inoperable. In the NOV the Respondent was ordered to submit the registration form for the dam, retain a licensed engineer to submit an application to repair the low-level gate and repair the low-level gate upon approval of the application by the OC&I. 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, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to register Dam 084 and repair the low-level gate by December 1, 2013.

October 12, 2012 - Freshwater Wetland File No. FW C08-019 re: Tuckahoe Land Company, L.P. and Benjamin Tucker Hodgson for property located approximately 1,000 feet west of Slocum Road, with a gravel driveway entrance situated at utility pole number 27/84 (Slocum Road), approximately 500 feet directly west of house 383 (Slocum Road), approximately 900 feet northwest of the intersection of Slocum Road and Glen Hill Drive, approximately 75 feet east of the Amtrak rail lines, and immediately north and south of existing turf grass fields, Assessor's Plat 78, Lot 4-12, 4-15, and 4-16 in the town of Exeter. The Respondents own the property. On June 28, 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, excavating, filling (in the form of excavated dredge material), grading, and creating soil disturbance within a Marsh/Swamp wetland complex, portions of which are also within Riverbank Wetland; clearing, excavating, filling (in the form of excavated dredge material and a surface water control structure), grading, and creating soil disturbance within a River, diverting and otherwise entirely altering the River; clearing, excavating, filling (in the form of excavated dredge material), grading, and creating soil disturbance within a Stream, diverting and otherwise altering the Stream; and clearing, filling (in the form of at soil material and excavated dredge material), grading, and creating soil disturbance within Perimeter Wetland, portions of which are also Riverbank Wetland. This activity resulted in the unauthorized alteration of approximately 7 ½ acres of freshwater wetlands. In the NOV, the OC&I ordered the Respondents to restore the freshwater wetlands. The OC&I assessed an administrative penalty of $35,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the altered wetlands by October 31, 2013 in accordance with a plan that was submitted to and approved by the OC&I on September 11, 2012. The Respondents also agreed to pay a penalty of $3,500.00 to resolve the NOV. The remaining portion of the penalty was offset through a Supplemental Environmental Project (SEP). The SEP involves restoring approximately 2 acres of the wetlands that had been altered to provide a more diverse wetland habitat than what existed prior to the alteration. The Respondents paid the penalty upon execution of the Agreement.

October 22, 2012 - Air File No. 12-09 re: Rhode Island Hospital for a facility located at 593 Eddy Street in the city of Providence. On March 11, 2009, the RIDEM issued an operating permit to the Respondent to emit air pollutants from three air pollution control devices. The permit requires the Respondent to maintain the outlet temperature of each control device at or above 280 degrees Fahrenheit whenever ethylene oxide is being discharged to the device. On October 5, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulations. The violation pertained to the Respondent's failure to comply with its permit. On January 30 and 31, 2012, the RIDEM inspected the facility. The inspections and review of the weekly circular temperature charts revealed that the Respondent failed to maintain the outlet temperature for 2 of the control devices at or above 280 degrees Fahrenheit during the entire duration that ethylene oxide was discharging to the devices. The charts showed that the noncompliance spanned 4 ¼ years from the last quarter of 2007 through 2011, during which the outlet temperature was maintained at or above 280 degrees Fahrenheit for only 3-4 hours of the 12-15 hours that ethylene oxide was discharging to the devices. The Respondent took corrective action to prevent a recurrence of the violation. In the NOV, OC&I assessed an administrative penalty of $8,500.00. The Respondent paid the penalty in full to resolve the NOV.

October 24, 2012 - Air File No. 11-23 re: South County Hospital Healthcare System for its hospital located at 100 Kenyon Avenue in the town of South Kingstown. On March 20, 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. 9 - Air Pollution Control Permits. The violations pertained to the installation and operation of two boilers at the hospital without a permit from the RIDEM. On June 8, 2011, the RIDEM inspected the hospital. The inspection revealed that two boilers capable of burning #2 fuel oil and natural gas were in operation. On October 24, 2011, the Respondent submitted a letter to the RIDEM in response to the inspection. The letter stated that the boilers have a maximum heat input capacity of 8.369 million British thermal units (BTUs) per hour and that the boilers were placed in operation on March 15, 2010 and November 16, 2011. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5 million BTUs or more per hour. On or about December 30, 2011, the Respondent submitted permit applications for the boilers to the RIDEM. In the NOV, the OC&I assessed an administrative penalty of $5,132.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid a reduced penalty of $4,132.00, which the OC&I agreed to accept as full settlement of the NOV.

October 31, 2012 - Septic System File CI 11-32 re: Michael A. Tucciarone and Annette R. Sousa for property located at 1708 Flat River Road, Assessor's Plat 58, Lot 4 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondents. On September 14, 2011, the OC&I issued an NOV to the Respondents alleging that the Respondents 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 to the surface of the ground from the onsite wastewater treatment system (OWTS) that treats the wastewater from the toilets, showers and sinks for the dwelling and the discharge of laundry wastewater from the OWTS that treats laundry wastewater from the dwelling. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the systems, and, if it's determined that a repair is needed, to repair the systems in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $1,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents submitted documentation to the OC&I to show that they do not have the financial means to repair the OWTSs or pay any portion of the penalty assessed in the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pump the system that treats the wastewater from the toilets, showers and sinks for the dwelling as often as necessary to prevent any and all overflows, discontinue all use of the washing machine at the dwelling until the system is repaired, limit occupancy of the dwelling to no more than 4 persons until their system is repaired, install low-flow water fixtures on the sinks and shower and a low-flow toilet, and repair the system (including connecting the plumbing from the washing machine into the repaired system) when the property is sold or transferred to a new owner.. The OC&I waived the administrative penalty assessed in the NOV.

October 31, 2012 - Water Pollution File No. WP 12-6 X-ref UIC 001438 re: 167 Putnam Avenue LLC for property located at 167 Putnam Avenue, Assessor's Plat 40, Lot 227 in the town of Johnston. The Respondent owns the property. On May 1, 2012, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Underground Injection Control Program Rules and Regulations. The violation pertained to the construction of an underground injection control (UIC) system without a permit from the RIDEM and the injection of fluid into the UIC without approval from the RIDEM. On January 22, 2010, the RIDEM received an application from the Respondent to install a UIC system to treat storm water at the property (the Stormwater UIC). On December 15, 2010, the RIDEM received an application (the UIC Closure Application) from the Respondent to close two drywells that were used to discharge fluid to the subsurface from three floor drains located in a former automotive garage at the property. On March 10, 2011, the RIDEM approved the UIC Closure Application (the UIC Closure Approval). On December 16, 2011, the RIDEM inspected the property. The inspection revealed that the Stormwater UIC was installed. The Respondent had not received approval from the RIDEM to install the Stormwater UIC. As of the date of the NOV, the Respondent had not submitted documents to the RIDEM showing that work required under the UIC Closure Approval was completed. In the NOV, the OC&I ordered the Respondent to cease use of the Stormwater UIC. No use of the Stormwater UIC is allowed until an approval to construct the system is obtained from the RIDEM and the system is constructed in accordance with said approval. The Respondent was also ordered to complete the work under the UIC Closure Approval and remove the Stormwater UIC within 90 days unless approval for the system is obtained from the RIDEM prior to that deadline. The OC&I assessed an administrative penalty of $5,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent complied with the Order portion of the NOV and agreed to pay a reduced penalty of $1,500.00, which OC&I agreed to accept as full settlement of the NOV. The Respondent paid the penalty to the OC&I.

Superior Court Actions Issued:

October 25, 2012 - Freshwater Wetlands File No. 2007 428 FW and Superior Court File No. PC 12-5550 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant OBF, LLC for property located approximately 200 feet north of Simmons Road, at utility pole No. 20, approximately 800 feet west of the intersection with East Main Road, Assessor's Plat 29, Lot 18, in the town of Little Compton. The property is owned by OBF, LLC (Craig S. Hibbad, Manager). RIDEM's Division of Agriculture (DAG) advised the OC&I that Mr. Hibbad was a farmer. On September 18, 2007, the OC&I issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to filling (in the form of at least sand, gravel and rocks), excavating and installing a house foundation with associated building materials within a Swamp-Marsh Wetland Complex, filling (in the form of at least sand, gravel, and rocks) within a Perimeter Wetland, and filling (in the form of eroded sediments) within an Area Subject to Storm Flowage (ASSF). These activities resulted in the unauthorized alteration of approximately 14,300 square feet of freshwater wetlands. In the NOV, the OC&I ordered the Defendant to restore the altered wetlands except for alterations allowed for normal farming activity. The OC&I assessed an administrative penalty of $5,500.00. The Defendant filed an appeal of the NOV with AAD. On November 9, 2007, the OC&I inspected the property, which revealed that the Defendant had performed additional filling (in the form of construction debris and other solid waste materials) in the Perimeter Wetland. On February 6, 2008, the DAG advised the OC&I that Mr. Hibbad does not meet the definition of a farmer pursuant to R.I. Gen. Laws Sections 2-1-22(i)(1) and (j). In consideration of this information, the OC&I determined that additional violations involving the installation of fencing and clearing within the Swamp-Marsh Wetland Complex and Perimeter Wetland that had been previously documented by the OC&I also represented unauthorized alterations to freshwater wetlands. These violations resulted in the unauthorized alteration of approximately 1.4 acres of the freshwater wetlands. On March 25, 2008, the OC&I issued an Amended NOV to the Defendant that ordered the Defendant to restore all freshwater wetlands. On October 20, 2008, October 21, 2008 and November 5, 2008, an administrative hearing was held at AAD. On April 2, 2009, the AAD hearing officer issued a Decision and Order that was signed by RIDEM's Director that partly upheld the Amended NOV. The Defendant was ordered to restore all the freshwater wetlands as ordered in the Amended NOV except for the fencing, fence posts and other changes made to accommodate normal farming activities, as these activities were done at the direction and under the authorization of the DAG. The Defendant was ordered to pay the administrative penalty of $5,500.00. On March 7, 2011, the OC&I issued a letter to the Defendant with a 6-month deadline to comply with the Decision and Order. On September 24, 2012, the OC&I inspected the property. The inspection revealed that the Defendant failed to comply with the Decision and Order and undertook new, unauthorized alterations to freshwater wetlands in the form of a house top and horse trailer near the rear of the property. On October 25, 2012, the OC&I filed a complaint in Superior Court against the Defendant. In the complaint, the OC&I is asking the Court to order the Defendant to comply with the Decision and Order, including restoring the wetlands that were altered in the rear of the property.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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