June 2002 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Formal Enforcement Actions Resolved in Prior Months

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 May 2002. 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:

June 11, 2002 - OC&I/Septic System File No. CI02-5 re: Jo-Ann Langlois for property located at 9 Traverse Street, Assessor's Plat 41, Lot 30, in the Town of Johnston. RIDEM alleges the Respondent is in violation of DEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violation pertains to the discharge of laundry waste to the surface of the ground and into the street. On or about January 30, 2002 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondent for the discharge of laundry waste to the ground. Follow up inspections revealed continuing laundry discharges. The Respondent has failed to adequately comply with the terms of the NOI. RIDEM ordered the Respondent to cease the discharge of laundry waste and to submit a plan for the permanent solution to the violation. RIDEM assessed a penalty of $1,200.

June 19, 2002 - OC&I/Wetlands File No. C01-0070 re: Rheuben Smith Jr., for property located immediately southeast of the intersection of South County Trail and Yawgoo Valley Road, north of house no. 670, Map 76, Assessor Plat 5, Lot 1, in the Town of Exeter. RIDEM 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. The violations pertain to clearing, filling, and excavating of approximately 3,500 square feet of Wetland Complex and 15,000 square feet of Perimeter Wetland. RIDEM issued two (2) Cease and Desist Orders to the Respondent; however, the Respondent continued to alter the freshwater wetlands. RIDEM ordered the restoration of the unauthorized altered wetlands by September 30, 2002 and assessed a penalty of $2,000.

June 20, 2002 - OC&I/Septic System File No. CI00-240 re: Roger & Jeanne Lapierre for property located at 117 Sayles Hill Road, Assessor's Plat 17, Lot 1, in the Town of North Smithfield. RIDEM alleges the Respondents are in violation of the ISDS Regulations. The violation pertains to the discharge of sanitary sewage to the surface of the ground. On or about September 28, 2000 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondents for the discharge of sanitary sewage to the ground. Follow up inspections revealed continuing sewage discharges. The Respondents submitted an application on May 30, 2001 to repair the septic system. The application was approved on June 8, 2001; however, the septic system was not installed and the permit has expired. RIDEM ordered the Respondents to cease the discharge of sanitary sewage and to submit a plan for the permanent solution to the violation. RIDEM assessed a penalty of $3,000.

June 21, 2002 - OC&I/Wetlands File No. C02-0057 re: Pulte Home Corporation of New England for property located approximately 810 feet east/northeast of the intersection of Point Judith Road and Schooner Cove Lane, approximately 530 feet north/northeast of the intersection of Schooner Cove Lane and Starboard Terrace, approximately 190 feet east of the terminus of Starboard Terrace, Assessor's Plat L, Lot 224-5, in the Town of Narragansett. RIDEM 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. The violations pertain to clearing, filling, and excavating of approximately 200 square feet of Perimeter Wetland. This property is part of a 41-lot subdivision that is subject to a permit from RIDEM. The Respondent failed to transfer the permit and failed to comply with the limits of disturbance as specified in the permit. This is only one of approximately 25 additional acts of noncompliance within this 41- lot subdivision. RIDEM ordered the restoration of the unauthorized altered wetlands by September 30, 2002. RIDEM assessed a penalty of $1,000.

June 21, 2002 - OC&I/Wetlands File No. C02-0058 re: Pulte Home Corporation of New England for property located approximately 240 feet north/northeast of the intersection of Admiral's Way and Schooner Cove Lane, approximately 150 feet west of Schooner Cove Lane, Assessor's Plat L, Lot 224-14, in the Town of Narragansett. RIDEM 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. The violations pertain to clearing, filling, and excavating of approximately 584 square feet of Perimeter Wetland and Swamp. This property is part of a 41-lot subdivision that is subject to a permit from RIDEM. The Respondent failed to transfer the permit and failed to comply with the limits of disturbance in the permit. This is only one of approximately 25 additional acts of noncompliance within this 41- lot subdivision. RIDEM ordered the restoration of the unauthorized altered wetlands by September 30, 2002. RIDEM assessed a penalty of $1,000.

June 21, 2002 - OC&I/Wetlands File No. C02-0059 re: Pulte Home Corporation of New England for property located approximately 280 feet north/northeast of the intersection of Admiral's Way and Schooner Cove Lane, approximately 120 feet west of Schooner Cove Lane, Assessor's Plat L, Lot 224-15, in the Town of Narragansett. RIDEM 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. The violations pertain to clearing, filling, and excavating of approximately 584 square feet of Perimeter Wetland and Swamp. This property is part of a 41-lot subdivision that is subject to a permit from RIDEM. The Respondent failed to transfer the permit and failed to comply with the limits of disturbance in the permit. This is only one of approximately 25 additional acts of non-compliance within this 41- lot subdivision. RIDEM ordered the restoration of the unauthorized altered wetlands by September 30, 2002. RIDEM assessed a penalty of $1,000.

June 21, 2002 - OC&I/Wetlands File No. C02-0060 re: Pulte Home Corporation of New England for property located approximately 570 feet northeast of Admirals Way and Schooner Cove Lane, approximately 120 feet west of Schooner Cove Lane, Assessor's Plat L, Lot 224-20, in the Town of Narragansett. RIDEM 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. The violations pertain to clearing, filling, and excavating of approximately 1,125 square feet of Perimeter Wetland. This property is part of a 41-lot subdivision that is subject to a permit from RIDEM. The Respondent failed to transfer the permit and failed to comply with the limits of disturbance in the permit. This is only one of approximately 25 additional acts of noncompliance within this 41- lot subdivision. RIDEM ordered the restoration of the unauthorized altered wetlands by September 30, 2002. RIDEM assessed a penalty of $1,000.

June 24, 2002 - OC&I/Wetlands File No. C01-0192 re: Cranston Common, LLC, for subject properties located within and adjacent to the Cranston Commons Residential Subdivision. The area adjacent to Cranston Commons begins approximately 200 feet north of the intersection of Hummingbird Lane and Alpine Estates Drive and extends northeasterly and easterly on abutting properties, Assessor's Plat 35, Lots 7, 17, 203, and 204. The area within Cranston Commons is located on Assessor's Plat 35, Lot 350, approximately 130 feet north of the intersection of Hummingbird Lane and Alpine Estates Drive and also approximately 2,100 feet southwest of the intersection of Alpine Estates Drive and 2,000 feet southwest of the intersection of Alpine Estates Drive and Hummingbird Lane, Assessor's Plat 33, Lot 78. All lots are within the City of Cranston. RIDEM 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. RIDEM issued a permit to the prior owner in May 1990 for construction of a subdivision. The permit expired in April 1999; however, the Respondent continued to construct the subdivision even though no valid permit was in place. The violations pertain to filling in the form of inorganic sands and sediment from storm water runoff into a Stream, an Area Subject to Storm Flowage ("ASSF"), Riverbank Wetland, and Forested Wetland and filling, clearing, and grading within Perimeter Wetland to construct a stormwater detention pond. These activities have resulted in the unauthorized alteration of at least 2,000 square feet of a Stream, 7,500 square feet of ASSF, 5,000 square feet of Forested Wetland, and 675 square feet of Perimeter Wetland. RIDEM ordered the restoration of the unauthorized altered wetlands by October 31, 2002. RIDEM assessed a penalty of $4,000.

Formal Enforcement Cases Settled or Resolved:

June 3, 2002 - OC&I/Septic System File No. CI94-194 re: Joaquim and Diane Saraiva for property located at 39 Kerri Lynn Road, Assessor's Plat 363, Lot 806 in the City of Warwick. On March 19, 2002 RIDEM issued a NOV to the Respondents alleging certain violations of RIDEM's ISDS Regulations. The violations pertained to the discharge of laundry waste and a failed septic system at the property. RIDEM ordered the Respondents to cease the discharge of laundry waste and repair the septic system or connect the system to the city sewerage system. RIDEM assessed a penalty of $2,000. The Respondents requested an administrative hearing to contest the NOV. The Respondents corrected the violation by connecting the property to the city sewerage system. Prior to a hearing on the NOV, RIDEM and the Respondents executed a Consent Agreement wherein the Respondents paid the sum of $1,500 in administrative penalties.

June 7, 2002 - OC&I/Septic System File No. CI96-173 re: Thomas A. Pingitore, for property located at 61 Cherry Hill Road, Assessor's Plat 34, Lot 453 in the Town of Johnston. On January 11, 2001, RIDEM issued a NOV to the Respondent alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground. RIDEM ordered the Respondent to cease the discharge of sewage, repair the septic system and assessed a penalty of $8,000. The Respondent requested an administrative hearing to contest the NOV. The Respondent corrected the violation by connecting the property to the city sewerage system. Prior to the hearing, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent agreed to pay an administrative penalty of $4,500 in installments. The total penalty has been paid and the case is closed.

June 7, 2002 - OC&I/LUST File No. 01-3565 re: Carl C. Ferrucci, Frances S. Ferrucci, and FCF Enterprises, Inc. for property located at 568 Warwick Avenue, Assessor's Plat 290, Lot 114 in the City of Warwick. On March 7, 2001, the OC&I issued a NOV to Respondents alleging that the Respondents violated Rhode Island's Water Pollution Control Law, RIDEM's Rules and Regulations for Groundwater Quality, the Oil Pollution Control Regulations and portions of RIDEM's Underground Storage Tank ("UST") Regulations. The violations pertained to the release or discharge of pollutants in the form of oil/petroleum to the waters of the state, precision testing requirements, installation of overfill protection, maintenance of inventory records at UST facilities, corrective action requirements at UST facilities and abandonment of UST systems. The OC&I ordered the Respondents to submit all records in accordance with the UST regulations and take all necessary steps to control and correct the release of the pollutants into the environment. The OC&I assessed a penalty in the amount of $57,590.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the alleged violations and assessed penalty. The Respondents provided OC&I with documentation showing partial compliance with the regulations, took steps to comply with control and correction of the release of pollutants and agreed to continue with corrective action to resolve damage to the environment. Respondents' total penalties were reduced to $34,150.00.

June 10, 2002 - OC&I/Septic System File No. IS87-72 re: Backman Brothers Ltd. for property located on Park Avenue, Assessor's Plat 21, Lot 58 in the Town of Portsmouth. On October 13, 1987 RIDEM issued a NOV to the Respondent alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to the discharge of sanitary sewage to the surface of the ground. RIDEM ordered the Respondent to cease the discharge of sewage and repair the system. No administrative penalty was assessed in the NOV. The Respondent failed to request an administrative hearing on the NOV. In lieu of proceeding to Superior Court to enforce the order, the OC&I referred the case to mediation. Following mediation of the case, the Respondent provided a report prepared by a septic system designer that demonstrated that the system was functioning properly.

June 14, 2002 - OC&I/RCRA File No. 01-035 re: Safety-Kleen Systems, Inc. for transportation of hazardous waste in and through Rhode Island. On December 18, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated multiple sections of RIDEM's Rules and Regulations for Hazardous Waste Management regarding the transportation of hazardous waste in Rhode Island. The violations were discovered during a routine inspection of hazardous waste transporters using Interstate Route 95 in the State of Rhode Island. The violations pertained to the Respondent's failure to post in the cab of its vehicle a list of roads on which the transportation of extremely hazardous waste is prohibited; failure to post emergency procedures in the event of a spill; failure to mark both sides of its transportation vehicle with the RI permit number; failure to provide protective clothing for the operator; and failure to provide necessary safety equipment for transporting hazardous waste. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $3,250.00. The Respondent requested a hearing before RIDEM's AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the alleged violations and assessed penalty. The Respondent agreed to and has paid a reduced penalty in the amount of $2,300.00.

June 19, 2002 - OC&I/WETLANDS File No. C01-0027 re: R & K Building Corporation for property located immediately north of Congress Street and immediately northwest of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 268, in the City of Woonsocket. On June 20, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations consisted of clearing, excavating, filling, grading, and constructing a wall within an Intermittent Stream and clearing, filling, grading, and constructing a rock wall within Forested Wetland. The activities resulted in the unauthorized alteration of 4,400 square feet of Wetland and were in non-conformance with a permit issued to the Respondent. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,800 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action wherein it was acknowledged that the Respondent has already restored the wetlands, submitted a revised site plan, submitted a review fee and paid a penalty of $1,450. The consent agreement requires that the Respondent ensure the survival of plantings for at least one growing season. The Respondent further agrees not to alter wetlands on the property without the written approval of RIDEM.

June 19, 2002 - OC&I/WETLANDS File No. C01-0029 re: Alysworth Realty Corporation for property located immediately north of Congress Street and 110 feet northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 377, in the City of Woonsocket. On June 20, 2001, the OC& I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations consisted of clearing, filling, and creating soil disturbance within Riverbank Wetland. The activities resulted in the unauthorized alteration of 2,400 square feet of Wetland and were in non-conformance with a permit issued to the Respondent. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,800 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action wherein it was acknowledged that the Respondent has already restored the wetlands, submitted a revised site plan, submitted a review fee and paid a penalty of $1,450. The consent agreement requires that the Respondent ensure the survival of plantings for at least one growing season. The Respondent further agrees not to alter wetlands on the property without the written approval of RIDEM.

June 19, 2002 - OC&I/WETLANDS File No. C01-0030 re: Alysworth Realty Corporation for property located immediately north of Congress Street and 190 feet northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 378, in the City of Woonsocket. On June 20, 2001, the OC& I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations consisted of clearing, grading, and creating soil disturbance within Riverbank Wetland. The activities resulted in the unauthorized alteration of 600 square feet of Wetland and were in non-conformance with a permit issued to the Respondent. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,600 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action wherein it was acknowledged that the Respondent has already restored the wetlands, submitted a revised site plan, submitted a review fee and paid a penalty of $1,025. The consent agreement requires that the Respondent ensure the survival of plantings for at least one growing season. The Respondent further agrees not to alter wetlands on the property without the written approval of RIDEM.

June 19, 2002 - OC&I/WETLANDS File No. C01-0031 re: R & K Building Corporation for property located immediately west of Vineyard Street and approximately 115 feet north of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 76, in the City of Woonsocket. On June 20, 2001, the OC& I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations consisted of clearing, grading, and creating soil disturbance within Riverbank Wetland. The activities resulted in the unauthorized alteration of 450 square feet of Wetland and were in non-conformance with a permit issued to the Respondent. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,600 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action wherein it was acknowledged that the Respondent has already restored the wetlands, submitted a revised site plan, submitted a review fee and paid a penalty of $875. The consent agreement requires that the Respondent ensure the survival of plantings for at least one growing season. The Respondent further agrees not to alter wetlands on the property without the written approval of RIDEM.

June 19, 2002 - OC&I/WETLANDS File No. C01-0032 re: R & K Building Corporation for property located immediately east of Vineyard Street and approximately 125 feet northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 21, in the City of Woonsocket. On June 20, 2001, the OC& I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations consisted of clearing, filling, excavating, relocating a driveway, extending a culvert, creating soil disturbance, and constructing a deck within Riverbank Wetland. The activities resulted in the unauthorized alteration of 4,380 square feet of Wetland and were in non-conformance with a permit issued to the Respondent. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,900 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action wherein it was acknowledged that the Respondent has already restored the wetlands, submitted a revised site plan, submitted a review fee and paid a penalty of $1,600. The consent agreement requires that the Respondent ensure the survival of plantings for at least one growing season. The Respondent further agrees not to alter wetlands on the property without the written approval of RIDEM.

June 25, 2002 - OC&I/Water Pollution File No. CI 1131D re: C. Robert Mitchell. On April 20, 1993, RIDEM issued a NOV to the Respondent alleging certain violations of the Rhode Island Water Pollution Act and RIDEM's Water Quality Regulations. The violations pertained to the disposal of sewage sludge by the Respondent on property located at Assessor's Plat 275, Lots 43, 57, and 58 in the City of Warwick. RIDEM assessed a penalty of $75,871.50. The Respondent requested an administrative hearing to contest the NOV. This action was one of four NOV's RIDEM issued to parties who were responsible for the violations. The other parties cited were the Narragansett Bay Commission (the owner of the sewage sludge), Lakeview Farms, Inc. (the principal contractor), and Blount Communications (the owner of the property upon which the sludge was disposed). The Narragansett Bay Commission and Lakeview Farms, Inc. removed the sewage sludge from the property and properly disposed of the sludge at a licensed landfill in 1993. The administrative hearing was delayed because of criminal proceedings that were taken against the Respondent and a petition for bankruptcy that was filed by the Respondent. Prior to a hearing on the NOV, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent agreed to pay an administrative penalty of $3,000 in 12 equal installments of $250.00 that are due on the first of each month. The RIDEM reduced the penalty in this matter in large part based upon the Respondent's inability to pay the assessed penalty.

June 26, 2002-OC&I/Septic System File No. CI92-190 re: Lawrence J. Faryniarz, for property located at 47 Narragansett Avenue, Assessor's Plat 24, Lot 96 in the Town of Portsmouth. On November 2, 1992, RIDEM issued a NOV to the Respondent alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to the pumping of sewage into a storm drain from the septic system at the property. RIDEM ordered the Respondent to cease the discharge of sewage and to repair the septic system. RIDEM assessed a penalty of $1,000. The Respondent did not request an administrative hearing to contest the NOV. The Respondent corrected the violation by installing a perimeter drain to carry surface water away from the septic system and provided RIDEM with an evaluation report from a licensed installer in September 1994 stating that the system was functioning properly. RIDEM and the Respondent executed a Consent Agreement to resolve the NOV wherein the Respondent agreed to pay an administrative penalty of $500. The administrative penalty has been paid and the case is closed.

June 26, 2002 - OC&I/LUST File No. 01-3949 re: Mill Woonsocket Associates, LP for property located at 96 Mill Street, Assessor's Plat 35, Lot 115 in the City of Woonsocket. On July 27, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Control Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations and sections of RIDEM's UST Regulations. The violations pertained to Respondent's abandonment of UST systems on the property, failure to submit a Transfer of Certificate of Registration to RIDEM for ownership of the USTs, failure to close abandoned USTs in a timely manner and allowing a release of petroleum into the groundwater and the nearby Peters River. The OC&I ordered continued remediation of the property, compliance with the UST Regulations regarding Closure Assessment, Site Investigation and Corrective Action and reimbursement to RIDEM for all funds expended in investigation or remediation. A penalty of $35,184.60 was assessed in the NOV. The Respondent requested a hearing before RIDEM's AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the alleged violations and assessed penalty. The Respondent agreed to continue with its Corrective Action Plan approved by RIDEM and agreed to a penalty in the amount of $27,434.60, of which $1,434.60 represented cost recovery for additional funds expended by RIDEM up to the time of the Consent Agreement.

Formal Enforcement Actions Resolved in Prior Months:

February 12, 2002 - OC&I/Wetland File No. C90-0031 re: Henry and Leda Pallazzo for property located approximately 3,000 feet west of the intersection of Natick Road and Wilbur Avenue, Assessor's Plat 22, Lot 7 in the City of Cranston. On February 16, 1990 RIDEM issued a NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the filling and clearing of Riverbank Wetland, filling and creating soil disturbance within a Pond, and draining a Pond. The violations resulted in the alteration of approximately 8,000 square feet of Riverbank Wetland and 16,300 square feet of a Pond. RIDEM ordered the Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands. RIDEM assessed a penalty of $2,500. The Respondents timely requested an administrative adjudicatory hearing on the NOV. Prior to the hearing on the NOV, RIDEM and the Respondents executed a Consent Agreement wherein the Respondents agreed to restore the freshwater wetlands no later than September 30, 1994. The Respondents also paid RIDEM the sum of $650 in administrative penalties. The Respondents failed to comply with the consent agreement to restore the freshwater wetlands. In lieu of proceeding to Superior Court to enforce the agreement, the OC&I referred the case to mediation. Following mediation of the case, the Respondents agreed to restore the freshwater wetlands and provide a restoration plan to the DEM. The restoration plan was provided to DEM and all restoration work completed. The stipulated penalties that had accrued for the Respondents' failure to comply with the Consent Agreement were waived.

April 3, 2002 - OC&I/Wetland File No. C533 re: Joseph Ferraro, for property located east of High Street, formerly identified as Assessor's Plat 25, Block 48, Lot OL5 and presently identified as Assessor's Plat 3, Block 48, Lot 150 in the Town of South Kingstown. On July 25, 1978 RIDEM issued a NOV to the Respondent alleging a certain violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to filling within Riverbank Wetland. RIDEM ordered the Respondent to cease further alterations of freshwater wetlands and restore the freshwater wetlands. The Respondent failed to request an administrative adjudicatory hearing on the NOV. The property was transferred to a new owner in 2002, who contacted RIDEM to discuss restoration of the freshwater wetlands. RIDEM and the new owner agreed to a restoration plan, and the new owner completed the restoration of the wetland.

May 2, 2002 - OC&I/Wetland File No. C91-0110 re: Dennis and Donna Frisone, for property located approximately 2,800 feet northwest of the intersection of Cooper Road and Gazza Road, Assessor's Plat 13, Lot 59 in the Town of Glocester. On June 10, 1991 RIDEM issued a NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the filling, culverting, and flooding of a River, filling with sediment an area subject to storm flowage (ASSF), and filling, grading, and clearing of Swamp, Perimeter Wetland, and Riverbank Wetland. The violations resulted in the alteration of approximately 250 linear feet of River, 360 linear feet of ASSF, and 79,100 square feet of Swamp, Perimeter Wetland, and Riverbank Wetland. RIDEM ordered the Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands. RIDEM assessed a penalty of $4,500. The Respondents timely requested an administrative adjudicatory hearing on the NOV. Prior to the hearing on the NOV, RIDEM and the Respondents executed a Consent Agreement wherein the Respondents agreed to restore the freshwater wetlands. The Respondents also paid RIDEM the sum of $2,250 in administrative penalties. The Respondents failed to comply with the consent agreement to restore the freshwater wetlands. In lieu of proceeding to Superior Court to enforce the agreement, the OC&I referred the case to mediation. Following mediation of the case, the Respondents agreed to restore the freshwater wetlands and provide a restoration plan to the DEM. The restoration plan was provided to DEM and all restoration work completed. The stipulated penalties that had accrued for the Respondents' failure to comply with the Consent Agreement were waived.

Superior Court Actions Issued:

June 1, 2002 - C.A. No. PC 02-2837 re: RIDEM, Plaintiff versus Mary Law, Defendant for property located at 10 Knight Street, Assessor's Plat 63, Lot 127 in the Town of Coventry. On July 12, 2001 RIDEM issued a NOV to the Defendant alleging certain violations of RIDEM's ISDS Regulations. The violations pertain to the discharge of laundry waste to the surface of the ground. RIDEM ordered the Respondent to cease the discharge of laundry waste and permanently correct the violation. RIDEM assessed a penalty of $2,400. The Defendant failed to request a hearing on the NOV, failed to comply with the NOV, and continued to allow laundry waste to discharge to the surface of the ground. RIDEM filed a complaint in Superior Court to enforce the orders set forth in the NOV.

Superior Court Actions Settled or Resolved:

June 26, 2002 - C.A. No. PCWC-01-0554 re: RIDEM (Plaintiff) vs. Irving Crandall and Arlene Crandall (Defendants) for property located at 78 Ross Hill Road, Assessor's Map 14, Lot 14 in the Town of Charlestown. On May 12, 1993, RIDEM issued a NOV to the Defendants alleging that Defendants violated Rhode Island's Refuse Disposal Act by disposing of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. On February 25, 1994 Plaintiff and Defendants executed a Consent Agreement to resolve the enforcement action wherein the Defendants agreed to a schedule of removal of all solid waste from the property. An assessed penalty of $6,250.00 was held in abeyance for a period of 1 year and would be waived provided Defendants completed the removal of all waste. On or about October 23, 2001, Plaintiff filed a Complaint for Injunctive Relief in Superior Court for Defendants' failure to abide by the Consent Agreement. The complaint requested the court to order the Defendants to comply with the Consent Agreement and order the Defendants to pay the penalty of $6,250.00. On June 26, 2002 a Consent Order was entered by the court outlining a schedule and milestones for removal of all waste from the property. No waste is to remain on the property after one year from the entrance of the Consent Order. The Defendants were ordered to pay the penalty of $6,250.00 within 60 days of the order. Plaintiff is periodically monitoring the removal of waste from the property and assuring its proper disposal at a licensed Facility.