July 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 July 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 emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

July 10, 2012 - Freshwater Wetland File No. FW C12-0024 re: Raymond F. Acciardo and Marie E. Acciardo for property located approximately 250 feet north of Hartford Avenue, approximately 300 feet north/northeast of (and opposite) the intersection of Hartford Avenue and Dix Avenue and City View Parkway, Assessor's Plat 21, Lots 493, 494, 496, 498, 500, 502, 504, 506, 508, 510, 512, 514, and 515 in the town of Johnston. The Respondents own Lots 498, 500, 502, 504, 506, 508, 510, 512, 514, and 515. Raymond Acciardo owns Lots 493, 494, and 496. The OC&I alleges that the Respondents are in violation of 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 violations pertain to clearing, filling (in the form of soil material, boulders, rocks and stones, construction materials, and stored equipment/vehicles), grading and creating soil disturbance within Swamp, Perimeter Wetland and Riverbank Wetland. This activity resulted in the unauthorized alteration of approximately 3 acres of freshwater wetland. On October 10, 2002, December 13, 2003, September 16, 2004, May 18, 2005, April 29, 2008, December 5, 2008 and May 20, 2011, the OC&I inspected the property and documented the violations. DEM issued a NOV to Raymond Acciardo on April 8, 1987 (the 1987 NOV) for altering wetlands on many of the lots that are the subject of this NOV. Mr. Acciardo did not file an appeal to contest the 1987 NOV. Efforts to resolve the 1987 NOV, including numerous meetings and mediation sessions held in 1997, 2002, and 2004 were unsuccessful. In this 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 assessed an administrative penalty of $20,000.00.



July 12, 2012 - Multi Media/Water Pollution, Freshwater Wetlands and Solid Waste/File Nos. WP-12-47 and WP 12-037, FW C12-0019 and FW-12-17, and SW-12-33 re: Westerly Granite Co., Inc., Sacco Enterprises, Inc. and Copar Quarries of Westerly, LLC for property located approximately 700 feet west-northwest of the intersection of Church Street (Route 216) and Buckeye Brook Road, approximately 360 feet southwest of the intersection of Church Street and Buckeye Brook Road and approximately 1270 feet to 1750 feet west-southwest of the intersection of Church Street and Buckeye Brook Road, on parcels 45/21/4, 55/21/5 and 55/1 in the town of Westerly. Westerly Granite Co., Inc. (Westerly Granite) owns parcel 55/1. The New Castle Realty Company owns parcels 45/21/4 and 5/21/5. Copar Quarries of Westerly, LLC (Copar) is currently engaged in mineral mining and processing on parcel 55/1. Copar began processing on or about October 2010. Sacco Enterprises, Inc. (Sacco) formerly engaged in mineral mining and processing on parcel 55/1. Sacco was processing from at least April 2008 through November 2008. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act, Water Pollution Control Act, and Refuse Disposal Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act, Water Quality Regulations, and Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertain to the discharge of stormwater into three quarry ponds on parcel 55/1 (Quarry Ponds) without a permit from the RIDEM; the alteration of numerous wetlands (Stream, Swamp, Riverbank Wetland, Perimeter Wetland, Forested Wetland, and the Quarry Ponds) on parcels 55/21/5, 45/21/4 and 55/1 (in total affecting approximately 1� acres of wetlands); and the disposal of approximately 21 cubic yards of solid waste (in the form of glass bottles and canning jars, metal cans, plywood, vinyl siding, asphalt shingles, and other mixed solid waste) deposited on the ground and partially buried on parcel 55/1. On February 21, 2012, the RIDEM issued a verbal order to Copar to cease altering freshwater wetlands. On April 3, 2012, RIDEM issued an informal written notice to Westerly Granite and Copar for the unauthorized discharge of stormwater. In response to the notice, Copar retained a consulting engineer to prepare stormwater permit applications and a stormwater pollution prevention plan (SWPPP). As of the date of issuance of the NOV, the discharges of stormwater were continuing and no applications were submitted to the RIDEM to obtain approval to do so. In the NOV, the OC&I ordered Westerly Granite and Copar to cease any further alteration of freshwater wetlands, cease the discharge of stormwater to the waters of the State and restore the altered wetlands by October 1, 2012. The OC&I also ordered Westerly Granite to remove and properly dispose of all solid waste on the property within 60 days. The OC&I assessed the following administrative penalties: $2,750.00 against Sacco and Westerly Granite; $6,500.00 against Sacco, Westerly Granite, and Copar; $3,000.00 against Copar and Westerly Granite; and $2,500.00 against Westerly Granite.



July 20, 2012 - Air File No. 12-07 re: Roger Williams University for its campus located at 1 Old Ferry Road in the town of Bristol. 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 violations pertain to the installation and operation of emergency generators on the campus without a permit from the RIDEM. On April 18, 2012, the RIDEM received five minor source permit applications. The applications included the following information: a 75 horsepower (HP) diesel-fired emergency generator was installed on November 28, 2007 at the guard house/main gate; a 85 HP natural gas fired emergency generator was installed in May 2009 at the north campus sewerage pumping station; a 375 HP diesel-fired emergency generator was installed in May 2009 at the main library; a 360 HP natural gas fired emergency generator was installed on June 5, 2009 at the Global Heritage Hall; and a 375 HP diesel-fired emergency generator was installed on June 16, 2009 at the North Residence Hall. 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 and an initial start up date on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $5,163.00.



July 24, 2012 - Septic System File OWTS-12-62 and CI 12-46 re: Elizabeth A. Dibiasio for property located at 1260 Wallum Lake Road, Assessor's Plat 119, Lot 11 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 (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On April 13, 2012, the OC&I inspected the property and documented the violation. On April 19, 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 $1,000.00.



July 30, 2012 - Dam File No. 187 (Middle Pond Dam) re: Michael E. Soucy and Roberta Soucy for property located north of Dawn Lane, east of Knotty Oak Road (Route 116) and west of Benoit Street in the town of Coventry. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondents own the dam. The OC&I alleges that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondents' failure to maintain the dam in a safe condition and the failure to register the dam. The dam was inspected on May 24, 2010. The inspection revealed the following conditions: vegetation on the upstream side and crest of the dam that did not allow a proper inspection to be performed; a sloughed and failed section of the crest and downstream side of the embankment; an improperly maintained primary spillway, specifically, compressed culver pipes, no headwalls, undermining of pipes, erosion and the outlet end of the pipes, and subject to clogging with debris; and an improperly maintained auxiliary spillway, specifically trees and brush with deadfall that could obstruct flow. The OC&I considers the dam unsafe because of the excessive vegetation, the sloughed embankment, and the improperly maintained spillways. On May 23, 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 June 13, 2012. Thus far, the Respondents have not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondents to submit the registration form, clear the embankment and spillway of vegetation, retain a professional engineer to inspect the dam (that must include an evaluation of the primary spillway and sloughed section of the embankment), 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.



July 30, 2012 - Dam File No. 371 (Pearce Pond Dam) re: Nine Howard Development LLC for property located immediately southwest of Howard Avenue, southeast of its intersection with Cedar Street and northwest of its intersection with Mumford Street in the town of Coventry. 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 violated RIDEM's Rules and Regulations for Dam Safety. The violation pertains 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 June 7, 2010. The inspection revealed the following conditions: vegetation on the crest to the left of the spillway and on the downstream side left of the spillway that did not allow a proper inspection to be performed; tree and brush growth on the right side of the spillway that may reduce discharge capacity; and an inoperable low level outlet. The OC&I considers the dam unsafe because of the excessive vegetation and the inoperable low level outlet. On May 22, 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 8, 2012. Thus far, the Respondent has not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form, clear the embankment and spillway of vegetation, retain a professional engineer to inspect the dam 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; and repair the inoperable low level outlet The OC&I did not assess an administrative penalty.

Formal Enforcement Cases Settled or Resolved:

July 9, 2012 - Air File No. 12-05 re: New Cingular Wireless PCS, LLC for its facilities located at 15 Wickham Road in the city of Newport, 541 Cooper Road in the town of Glocester, 8150-8166 Post Road in the town of North Kingstown, and 121 Shannock Hill Road in the town of Richmond. On May 21, 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 emergency generators at the facilities without a permit from the RIDEM. On April 13, 2012, the RIDEM received minor source permit applications for a 79 horsepower (HP) diesel-fired emergency generator that was installed at each of the facilities. The generator at the Wickham Road facility was installed on October 29, 2008. The generators at the Post Road facility and Shannock Hill Road facility were installed on April 7, 2011. The generator at the Cooper Road facility was installed on April 22, 2011. 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 and an initial start up date on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $4,000.00. The Respondent paid the penalty in full to resolve the NOV.



July 11, 2012 - Water Pollution File No. WP 12-5 and WP 11-089 re: SMM New England Corporation for property located at 242 Allens Avenue, Assessor's Plat 46, Lot 326 in the city of Providence. A business engaged in the recycling of metal operates at the property (the facility). SMM New England Corporation (SMM) owns the property and operates the facility. SMM acquired the property from Promet Marine Services Corporation (Promet) and began operating the facility on October 7, 2011. On May 8, 2012, the OC&I issued an NOV to SMM alleging that SMM violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertained to the discharge of storm water runoff associated with industrial activity without a permit from the RIDEM and the failure to submit accurate information on an application to RIDEM. On April 17, 2006, Promet obtained a permit from the RIDEM to discharge storm water associated with industrial activity to the Providence River. The permit required Promet to comply with its storm water pollution prevention plan (SWPPP). The SWPPP described ship repair/maintenance only. On October 25, 2011, the RIDEM met with SMM and its consultants. SMM informed the RIDEM that, at present, it wanted to continue with the ship building/repair business previously done by Promet. The RIDEM informed SMM that it needed to file a request to transfer the stormwater permit that RIDEM issued to Promet to SMM. The RIDEM advised SMM that if/when it decided to expand the activities beyond ship building/repair it would need to reapply for authorization and submit a new SWPPP that addressed the proposed activities. On December 20, 2011, the OC&I inspected the property. The inspection revealed a discharge of storm water associated with industrial activity (in the form of scrap metal recycling and ship repair/maintenance) to the Providence River. On January 12, 2012, SMM submitted to RIDEM a letter requesting the transfer of the permit from Promet to SMM. The letter was signed by Anthony Izzo, SMM's Regional President, who certified that he had read the permit and agreed to abide by all of conditions of the permit and that the production levels, products produced, rates of discharge and wastewater characteristics remained unchanged. On January 24, 2012, the RIDEM met with SMM. SMM agreed to install a concrete wall around the scrap metal recycling area. On February 12, 2012, SMM submitted to the RIDEM a Notice of Intent (NOI) and a SWPPP for authorization to discharge stormwater associated with industrial activity to the Providence River from the property (the Stormwater Industrial Activity Application). On February 15, 2012, the RIDEM inspected the property and determined that SMM had constructed the concrete wall and that stormwater runoff from the scrap metal recycling area would not enter the Providence River (the Short Term Mitigative Action). On February 23, 2012, SMM submitted to the RIDEM a NOI, a SWPPP and associated engineering plans for authorization to discharge stormwater to the Providence River associated with construction activity (the Stormwater Construction Activity Application). In the NOV, the OC&I ordered SMM to immediately cease receiving any scrap metal and cease receiving any ships for repair/maintenance. The NOV ordered that no scrap metal or ships be received until SMM obtains a storm water permit from the RIDEM and constructs the storm water controls required pursuant to the permit. The NOV also ordered the Respondent to remove all scrap metal, complete repairs/maintenance to all ships, and clean and sweep the facility yard. The OC&I assessed an administrative penalty of $25,000.00. The Respondent filed an appeal of the NOV with AAD. On May 24, 2012, the RIDEM issued a letter to SMM in response to the Stormwater Industrial Activity Application and the Stormwater Construction Activity Application (the Comment Letter). Prior to an administrative hearing on the NOV, OC&I and SMM executed a Consent Agreement to resolve the NOV. SMM agreed to submit a revised SWPPP and engineering plans that address all the issues in the Comment Letter. SMM also agreed to maintain the Short Term Mitigative Action until all work associated with said applications is complete, which must be within 6 months of RIDEM's approval, and pay the $25,000.00 penalty, which was paid upon execution of the Consent Agreement.



July 16, 2012 - Multi Media OWTS File No. CI 11-118 and Hazardous Waste File No. 2011-37 re: D&L Service, Inc., Robert Gervasio and Diane Gervasio for property located at 30 Kowal Court, Assessor's Plat 35, Lot 2 in the town of Coventry. Robert Gervasio and Diane Gervasio own the property (the Owners). D&L Service Inc. (D&L) conducts business on the property. On April 20, 2010, the RIDEM issued a septage waste transporter permit (No. RI-311) to D&L. The permit authorized D&L to transport septage in accordance with the RIDEM's Rules and Regulations for Hazardous Waste Management (Hazardous Waste Regulations). On June 30, 2011, the permit expired. On March 29, 2012, the OC&I issued an NOV to the Respondents alleging that the Owners violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations) and that D&L violated the RIDEM's Hazardous Waste Regulations. The violations pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the building located on the property to the surface of the ground, the transportation of septage without a valid permit, and the disposal of septage waste onto the surface of the ground. On August 10, 2011, the OC&I inspected the property and documented that sewage from the OWTS was discharging to the surface of the ground. On August 13, 2011 and November 21, 2011, the Coventry Police Department (CPD) inspected the property. The inspections revealed that sewage from a D&L septage truck had been discharged to the surface of the ground. Mr. Gervasio informed the CPD during the August 13 inspection that he had just cleaned out his septage hauling truck and that he normally cleans out his truck at the grass line on the side of the building. In the NOV, the OC&I ordered the Owners to keep the OWTS pumped to prevent sewage overflows, retain a licensed designer to determine the cause of the failed OWTS, and repair the OWTS, if necessary. The OC&I ordered D&L to immediately cease the transportation of septage until it obtains a RIDEM transporter permit and, upon receipt of said permit, at all times dispose of all collected septage at a properly licensed publicly owned treatment facility. The OC&I assessed an administrative penalty of $1,400.00 against the Owners and $12,500.00 against D&L. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Owners complied with the NOV as it relates to the OWTS Regulations and OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay an administrative penalty of $3,475.00 in installments. The first installment of $1,737.50 was paid upon execution of the Agreement. The remaining penalty will be paid in monthly installments of $173.75.



July 18, 2012 - Septic System File No. CI04-253 re: Russell E. Dansereau for property located at 3 Seneca Street, Assessor's Plat 39, Lot 13 in the town of Coventry. The property includes a dwelling that is owned by the Respondent. On March 4, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the overflow of sewage from the sewage disposal system to the surface of the ground. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system. The OC&I assessed an administrative penalty of $1,400.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent repaired the failed septic system and submitted financial records that demonstrated that he had no ability to pay any portion of the administrative penalty. As such, the penalty was waived.



July 24, 2012 - Septic System File CI 93-516 re: Glen J. MacDonald and Helen A. MacDonald for property located at 226 Chandler Avenue, Assessor's Plat 49, Lot 739 in the city of Pawtucket. 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) for the dwelling 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 repair the system 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 connected the plumbing for the dwelling to the city sewers and submitted financial records that demonstrated that they had no ability to pay any portion of the administrative penalty. As such, the penalty was waived.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

July 16, 2012 - Freshwater Wetland File CI 05-218 and Superior Court File No. PC 11-4100 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants David M. Sousa, Ann M. Sousa, and Lawncare, Inc. for property located north of Plainfield Pike, approximately 1450 feet west of the intersection of Peck Hill Road and Plainfield Pike, Assessor's Plat 33, Lots 14 and 85 in the town of Johnston. David M. Sousa and Ann M. Sousa own Plat 33, Lot 14. Lawncare, Inc. operates a landscaping business on the property. On February 22, 2008, the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Freshwater Wetlands Act and Refuse Disposal Act and the RIDEM's Freshwater Wetlands Regulations and Solid Waste Regulations. The violations pertained to clearing, filling (in the form of at least soil material, bricks, rocks, boulders and concrete pieces), excavating, or creating soil disturbance within Swamp, Forested Wetland, Perimeter Wetland, and Riverbank Wetland. The violations resulted in the unauthorized alteration of approximately 2.3 acres of Swamp or Forested Wetland and approximately 8,800 square feet of Perimeter Wetland or Riverbank Wetland. The violations also pertained to the unauthorized disposal of approximately 2,775 cubic yards of solid waste (in the form of at least yard debris, wood chips, and household refuse) in the Swamp. In the NOV, the OC&I ordered the Defendants to cease and desist from any further alterations to freshwater wetlands, cease disposal of solid waste, remove all solid waste from the property and restore all freshwater wetlands. The OC&I assessed an administrative penalty of $8,000.00. The Defendants filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Defendants executed a Consent Agreement on March 26, 2009 to resolve the NOV. The Defendants agreed to apply for a permit within ninety days to seek approval for a portion of the altered wetland currently used for the commercial business and restore the remaining wetlands on or before March 15, 2011. The Defendants also agreed to remove all solid waste from the property within ninety days. The Defendants agreed that, if a permit was not obtained by October 15, 2010, the Defendants would restore the altered wetlands within one hundred twenty days of receipt of written notice from the RIDEM. The Defendants also agreed to pay an administrative penalty of $5,000.00, which was paid, and pay an additional $500 per month for each month the Defendants are in noncompliance with the Consent Agreement. The Defendants failed to comply with the remaining conditions of the Consent Agreement. On July 6, 2011, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to come into compliance with the Consent Agreement and pay $11,500.00 in noncompliance penalties. Prior to a hearing on the complaint, the RIDEM and the Defendants entered a Consent Order with the Court to resolve the complaint. The Defendants agreed to restore the wetlands in 3 phases. Phase 1 must be completed by September 15, 2012, phase 2 must be completed by February 15, 2013, and phase 3 must be completed by June 30, 2013, unless the Defendants obtain a permit from the RIDEM allowing the alterations to remain.