March 2007 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of March 2007. 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:

March 1, 2007 - OC&I/Freshwater Wetlands File No. C06-0015 re: the Rhode Island Department of Transportation and Cardi Corporation for parcels of land associated with the Route 403 state highway construction project in the towns of East Greenwich and North Kingstown. RIDEM Office of Water Resources, Freshwater Wetland Permitting Program ("FWWP") issued numerous permits to the Rhode Island Department of Transportation ("RIDOT") for the Route 403 state highway project. RIDOT contracted with Cardi Corporation to complete the project. The OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertain to the failure to comply with specific conditions of the permits associated with installation and maintenance of erosion and sedimentation controls, clearing vegetation within the Riverbank Wetland of the Hunt River, clearing vegetation within Swamp and Perimeter Wetland, and filling (in the form of sediment) into a Shrub Wetland, Swamp, and the Hunt River. The activities resulted in the unauthorized alteration of approximately 10,360 square feet of Riverbank Wetland, 2,880 square feet of Perimeter Wetland, 120 square feet of Shrub Wetland, and 645 square feet of Swamp. The Respondents did not receive an approval from RIDEM to alter freshwater wetlands beyond the limits of disturbance in the permits. In the NOV the Respondents were ordered to restore all freshwater wetlands. OC&I assessed an administrative penalty of $35,000.00.



March 5, 2007 - OC&I/Septic System File No. CI 01 - 84 re: Homecomings Financial Network, Inc., Homecomings Financial, LLC and Marc J. Schillace for property located at 4 Benson Avenue, Assessor's Plat 303, Lot 56 in the City of Warwick. A 3-bedroom single family dwelling exists on the property and is owned by Homecomings Financial Network Inc., Home Comings Financial, LLC, and/or Marc J. Schillace. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). On May 7, 2001 an OC&I inspector performed an inspection of the property and found that sanitary sewage was and/or had been discharged to the surface of the ground from the individual sewage disposal system ("ISDS"). On May 25, 2001, OC&I issued a Notice of Intent to Enforce ("NOI") to Homecomings Financial Network, Inc., the owner of record in the City of Warwick land evidence records. Homecomings Financial Network, Inc. advised OC&I that it had not yet acquired the property from Marc J. Shillace because a foreclosure was stopped by bankruptcy proceedings initiated by Mr. Shillace. On July 17, 2001 OC&I attempted to issue an NOI to Marc J. Schillace. The NOI was returned undeliverable and was hand delivered by RIDEM on July 28, 2001 to the tenant who resided at the dwelling. The NOI required the Respondents to pump the ISDS as necessary to prevent overflows, retain a licensed designer to determine the cause of the overflow, and repair the ISDS if necessary. Follow up inspections performed by OC&I in February 2004 and January 2007 revealed that sanitary sewage continued to overflow to the surface of the ground. For each inspection an NOI was issued to either Homecomings Financial Network Inc or the tenant who resides at the dwelling. On October 10, 2006 Homecomings Financial Network, Inc. withdrew from conducting business in Rhode Island, and Homecomings Financial LLC registered to do business in Rhode Island. To date, the Respondents have failed to comply with the NOIs. In the NOV the Respondents were ordered to pump the ISDS to prevent overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure, and if it needs repairconnect all of the plumbing within the dwelling to the public sanitary sewer. OC&I assessed an administrative penalty of $3,000.00.



March 5, 2007 - OC&I/Septic System File No. CI 03 - 280 re: Barry G. Dearlove for property located at 311 Capron Farm Drive, Assessor's Plat 369, Lot 10 in the City of Warwick. A 3-bedroom single family dwelling exists on the property and is owned by the Respondent. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). On October 6, 2003, an OC&I inspector conducted an inspection of the property and found that sanitary sewage was and/or had been discharged to the surface of the ground from the individual sewage disposal system ("ISDS"). On October 15, 2003, OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent. The NOI required the Respondent to pump the ISDS as necessary to prevent overflows, retain a licensed designer to determine the cause of the overflow, and repair the ISDS if necessary. The Respondent advised OC&I that the ISDS was pumped and that the Respondent would implement water conservation measures and retain a licensed designer to evaluate the ISDS. Follow up inspections in October 2004 and April 2005 by an OC&I inspector revealed that sanitary sewage continued to overflow to the surface of the ground. An inspection performed by an OC&I inspector in October 2006 did not reveal any violations. To date, the Respondent has failed to fully comply with the NOIs. In the NOV the Respondent was ordered to pump the ISDS to prevent overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure and repair the ISDS, if necessary. OC&I assessed an administrative penalty of $1,800.00.



March 5, 2007 - OC&I/Water Pollution File No. 07 - 05 re: Warwick Sewer Authority and D'Ambra Construction Company, Inc. The Warwick Sewer Authority ("WSA") is the owner and operator of the sewerage system in the City of Warwick. WSA awarded contracts to D'Ambra Construction Company, Inc. ("D'Ambra") to construct sewers in the sections of the City of Warwick identified as Conimicut West and Old Warwick Sewer System. The contracts specify that D'Ambra must provide adequate safeguards to all existing drainage structures to prevent siltation of downstream areas in any manner whatsoever and that any water that is pumped from excavation areas must be filtered such that the water discharged is of equal quality to the quality of the receiving water. The OC&I alleges that the Respondents are in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violations pertain to the discharge of pollutants (in the form of soil, silt, or sediment) into waters of the State without an approval by RIDEM. On November 30, 2005 RIDEM performed an inspection of Buckeye Brook during a rainstorm. The inspection revealed that brownish, turbid water was flowing into Buckeye Brook from a section of roadway where D'Ambra was working. The inspector did not observe any hay bales or other erosion and sedimentation controls in the construction project area. The inspector advised the D'Ambra workers to protect the storm drainage system in the roadway with erosion and sedimentation controls. On June 19, 2006 an OC&I inspector observed brownish, turbid water in Lockwood Brook. The inspector determined that the brownish, turbid water was caused by D'Ambra workers who were pumping water from an excavation area into a nearby storm water drainage system. D'Ambra workers had constructed a filtration basin to filter soil particles from the excavation area prior to discharge into the storm water drainage system; however, the basin was inadequate. The inspector advised the D'Ambra workers that improved controls had to be installed prior to continuing any further pumping. The D'Ambra workers restarted the pumps without installing adequate erosion and sedimentation controls while the OC&I inspector was on site. In the NOV OC&I assessed an administrative penalty of $25,000.00.



March 6, 2007 - OC&I/Septic System File No. CI 92 - 525 re: Bayside Associates for property located at 60 Sandy Lane, Assessor's Plat 353, Lot 84 in the City of Warwick. The property includes four (4) separate buildings identified as buildings 7 through 10. Building 7 is a 23 unit apartment, building 8 is a 23 unit apartment, building 9 is a 24 unit apartment, and building 10 is a 24 unit apartment. The property is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). On November 30, 2006, an OC&I inspector performed an inspection of the individual sewage disposal system ("ISDS" or "systems") for building 9 and building 10. The inspection revealed that both systems were failed and improperly maintained. At the time of the inspection, the OC&I inspector left a copy of a Field Inspection Report and Required Action Summary Sheet (collectively, a "Notice of Intent to Enforce" or "NOI") with the Respondent's property manager. The NOI required the Respondent to pump the systems to prevent overflows, retain a licensed designer to evaluate the systems to determine the cause of the failure, and repair the systems, if necessary. On January 10, 2007, an OC&I inspector performed an inspection of the ISDS for each building on the property. The inspections revealed that each ISDS was failed and improperly maintained. The OC&I inspector left a NOI with the Respondent's leasing consultant. To date, the Respondent has not complied with the NOIs. In the NOV the Respondent was ordered to pump each ISDS to prevent sewage overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure and connect the plumbing from the building to the public sewers if a repair to the ISDS is necessary. OC&I assessed an administrative penalty of $4,000.00.



March 6, 2007 - OC&I/Septic System File No. CI 07 - 41 re: Picerne Investment Pool, LLC for property located at 400 Warner Brook Drive, Assessor's Plat 353, Lot 85 in the City of Warwick. The property includes five (5) separate buildings identified as buildings 1 through 3, building 5, and building 6. Buildings 2 and 6 are each a 23 unit apartment. Building 5 is a 36 unit apartment. Upon information and belief, buildings 1 and 3 are multi-unit apartments. The property is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). On January 10, 2007 an OC&I inspector performed an inspection of the individual sewage disposal system ("ISDS" or "systems") for each building on the property. The inspection revealed that the systems for building 1 and building 2 were failed and improperly maintained, the ISDS for building 3 was improperly maintained, the ISDS for the laundry room for building 5 was failed and improperly maintained, and the ISDS for building 6 was failed and that sewage was/and or had been discharged to the surface of the ground from the ISDS for building 6. On January 10, 2007 the OC&I inspector left a copy of a Field Inspection Report and Required Action Summary Sheet (collectively, a "Notice of Intent to Enforce" or "NOI") with the Respondent's leasing consultant. The NOI required the Respondent to pump each ISDS to prevent overflows, retain a licensed designer to evaluate the ISDS to determine the cause of the failure, and repair the ISDS, if necessary. To date, the Respondent has not complied with the NOI. In the NOV the Respondent was ordered to pump each ISDS to prevent overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure and connect the plumbing for the buildings to the public sewers if a repair to the ISDS is necessary. OC&I assessed an administrative penalty of $4,000.00.



March 6, 2007 - OC&I/Multi Media - OC&I/Water Pollution File No. 07-04 and OC&I/Air File No. 06-04 re: City of Cranston and Veolia Water North America Operating Services, LLC. The City of Cranston ("Cranston") is the owner of the Cranston Wastewater Treatment Facility located at 140 Pettaconsett Avenue in Cranston. Veolia Water North America Operating Services, LLC ("Veolia") operates the Facility for Cranston. The Facility receives and treats raw wastewater from the municipalities of Johnston and Cranston prior to the discharge of treated effluent to the Pawtuxet River and generates sludge as a waste byproduct. The sludge is burned in two sludge incinerators at the Facility. The RIDEM Office of Air Resources issued a permit to Cranston on November 10, 2004 that had specific emission limitations for particulate matter, arsenic, and cadmium for the incinerators. OC&I alleges that the Respondents are in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Rhode Island Pollutant Discharge Elimination System ("RIPDES") Regulations, RIDEM's Regulations for Operation and Maintenance of Wastewater Treatment Facilities, RIDEM's Regulations for Treatment, Disposal, Utilization, and Transportation of Sewage Sludge, and RIDEM's Air Pollution Control Regulations. The violations pertain to the following activities at the Facility: improper management of sludge, improper maintenance of equipment, failure to comply with the emission limitations for the sludge incinerators, and objectionable odors. Veolia notified RIDEM in May 2005 that 1 of the 2 incinerators would be shut down for repairs. In the interim Veolia proposed to operate the 2nd incinerator and dewater and dispose of the remaining sludge off-site. RIDEM received numerous complaints of sewage odors from various neighbors around the Facility between June and August 2005. A RIDEM inspection of the Facility on June 22, 2005 revealed that sludge was being stockpiled on the floor of the sludge building, sludge was on the ground outside the sludge building (and appeared to have been spread around by the wheels of a front end loader), and sludge was evident in the sump of a nearby storm drain. The RIDEM inspection of the surrounding neighborhood revealed objectionable odors that the inspector determined were emanating from the Facility. A RIDEM inspection of the Facility on July 22, 2005 revealed that one of the secondary clarifiers at the Facility was off line and that sludge within the secondary clarifier was generating odors. Veolia staff advised the RIDEM inspector that the secondary clarifier became inoperable because of a torque limitation and Veolia was having difficulty putting the remaining 2 off line clarifiers into operation because 3 of the 5 sludge pumps were also currently inoperable. Objectionable odors were also detected by a RIDEM inspector on February 7, 2006 and February 9, 2006 that the inspector determined were emanating from the Facility. In addition, Cranston submitted to RIDEM the results of emission tests that were performed on the Facility's incinerators in March 2006 and June 2006. The results showed that the Facility failed to comply with the emission limitations for particulate matter, arsenic, and cadmium. Cranston submitted to RIDEM the results of emission tests that were performed in November 2006. The results showed that the Facility was in compliance with the emission limitations. In the NOV the Respondents were ordered to submit a revised Facility O&M Manual and Solids O&M Manual that includes a comprehensive alternate and emergency sludge handling and disposal plan and submit reports specified in the permit for the sludge incinerators. OC&I assessed an administrative penalty of $46,750.00.



March 12, 2007 - OC&I/Hazardous Waste File No. 06 - 063 re: Herman S. Cabral d/b/a Universal Auto Body for property located at 216 Swan Street, Assessor's Map-Block-Lot 90032228 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations") as well as certain Code of Federal Regulations pertaining to the management of hazardous waste that are enforceable by the RIDEM. In addition, the OC&I alleges that the Respondent is in violation of RIDEM's Oil Pollution Control Regulations. The hazardous waste violations pertain to Respondent's failure to notify EPA of Respondent's regulated hazardous waste activity, failure to characterize waste as hazardous or not, failure to label all satellite containers of hazardous waste, failure to mark each container of hazardous waste with the date that hazardous waste started to accumulate, failure to provide secondary containment for containers holding liquid hazardous waste, failure to keep containers of hazardous waste closed except when adding or removing waste, failure to maintain an adequate supply of spill control equipment, failure to inspect containers of hazardous waste on a weekly basis to determine if there are corrosion or leaks, failure to submit a list of the names of individuals authorized to sign hazardous waste manifests, failure to maintain a contingency plan to address emergencies, failure to develop a hazardous waste training program for employees, and storing hazardous waste in excess of 90 days without obtaining a permit. The violations pertaining to the Oil Pollution Control Regulations pertain to Respondent's release of petroleum or oil to the ground adjacent to Respondent's facility/operation, failure to immediately clean up the release of petroleum and failure to report the release of oil to the RIDEM within 10 days of the release. The Respondent commenced removal and clean up of the petroleum released adjacent to the facility in response to OC&I's investigation. In the NOV, the OC&I is ordering the Respondent to achieve compliance with RIDEM's Hazardous Waste Regulations. A penalty in the amount of $30,961.00 was assessed for Respondent's noncompliance.



March 12, 2007 - OC&I/UST File No. 06 - 02998 re: Citizens Bank of Rhode Island for property located at 115 Tripps Land (a/k/a One Citizens Drive), Assessor's Map 409, Block 9, Parcel 21 in the City of East Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondent maintains two 15,000-gallon USTs on the property that are used to store diesel fuel. The violations pertain to Respondent's failure to conduct monthly testing of the UST continuous monitoring leak system, failure to conduct annual testing to certify the continuous monitoring leak system is operating properly, failure to maintain spill containment basins, failure to equip the USTs with submerged fill tubes, failure to label the fill port to the USTs and failure to equip the tank field observation wells with labeled, tamper resistant covers. On June 12, 2006, the OC&I issued a Letter of Noncompliance to the Respondent informing the Respondent of the noncompliance and requiring that the Respondent achieve compliance within 60 days of receipt of the LNC. By letter dated August 22, 2006 the OC&I informed the Respondent that they had yet to certify compliance with the LNC. As of the issuance of the NOV, the Respondent had not achieved compliance or responded to the OC&I. In the NOV, the Respondent was ordered to achieve compliance with the UST Regulations and was assessed a penalty in the amount of $8,830.00.



March 12, 2007 - OC&I/UST File No. 06 - 19121 re: Brennan Oil & Heating, Co., Inc., Joseph Brennan and Antonetta Brennan for property located at 9 Tag Drive, Assessor's Plat 10, Lot 622 in the Town of North Providence. A 2,000-gallon gasoline UST and a 2,000-gallon diesel fuel UST exist on the property. Respondents Joseph and Antonetta Brennan are the owners of the property. Respondent Brennan Oil & Heating, Inc. is the operator of the USTs. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to the Respondents' failure to comply with inventory record keeping requirements, failure to conduct monthly testing of the UST continuous monitoring system for leaks and failure to conduct annual testing of the UST continuous monitoring system. On June 27, 2006 the OC&I issued a LNC to the Respondents informing them of this and other noncompliance at the facility and requiring that they achieve compliance within 60 days. On September 11, 2006, the OC&I issued a letter to Respondents informing them that they had not informed the OC&I of their compliance with the UST Regulations. The Respondents submitted a report on September 21, 2006 showing that they had achieved some compliance. The OC&I reviewed the report and determined that the Respondents did not achieve compliance with the UST Regulations as noted herein. As of the issuance of the NOV, the Respondents had not fully complied with the UST Regulations. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $7,044.00.



March 12, 2007 - OC&I/UST File No. 07 - 00879 re: Fuel Depot Inc. for property located at 644 Putnam Pike, Assessor's Plat 3, Lot 8 in the Town of Smithfield. The Respondent is the owner and operator of three 8,000-gallon USTs on the property. Two hold gasoline and one holds diesel fuel. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to the Respondent's failure to complete all Environmental Results Compliance Certification Forms for review by RIDEM, failure to conduct tightness testing of their USTs, failure to conduct annual testing of line leak detectors, failure to conduct annual testing of the shear valves, failure to conduct annual certification testing of leak monitoring devices, failure to maintain spill containment basins and sumps, failing to meet groundwater monitoring well construction standards and failure to conduct annual groundwater evaluations at the facility. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $11,472.00 for Respondent's noncompliance.



March 13, 2007 - OC&I/Septic System File No. CI 92 - 76 re: 6946 Post Road, LLC for property located at 6946 Post Road, Assessor's Plat 146, Lot 66 in the Town of North Kingstown. The property includes a two-story commercial building and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). On May 5, 2006 an OC&I inspector conducted an inspection of the property and found that sanitary sewage was and/or had been discharged to the surface of the ground from the individual sewage disposal system ("ISDS"). The OC&I inspector issued a Field Inspection Report and Required Actions Summary Sheet (collectively, a "Notice of Intent to Enforce" or "NOI") to the Respondent. The NOI required the Respondent to pump the ISDS to prevent overflows, retain a licensed designer to evaluate the ISDS to determine the cause of the failure, and repair the ISDS, if necessary. The Respondent submitted receipts to the OC&I for pumping of the ISDS that occurred in January 2006, April 2006, and August 2006. Follow up inspections performed by OC&I on February 5, 2007 and February 6, 2007 revealed that sewage was again evident on the surface of the ground. The Respondent submitted to RIDEM on February 2, 2007 an application and plan prepared by a licensed designer to repair the failed ISDS. The application was found deficient and was returned to the Respondent on February 7, 2007. To date, the Respondent has failed to fully comply with the NOI. In the NOV, the Respondent was ordered to pump the ISDS to prevent overflows, submit additional information to correct the deficiencies identified in the repair application, and repair the ISDS upon RIDEM approval of the application. The OC&I assessed an administrative penalty of $1,200.00.



March 16, 2007 - OC&I/AIR File No. 07 - 03 re: Rainbow Cleansers, Inc. for its facility located at 101 Reservoir Avenue in the City of Providence. The Respondent operates a dry cleaning machine at the property. The Respondent uses perchloroethylene in the dry cleaning machine. The facility, which is co-located with a residence, is considered a stationary source of air pollutants pursuant to RIDEM's Air Pollution Control ("APC") Regulations. The OC&I alleges that the Respondent is in violation of APC Regulation No. 23, entitled "Control of Perchloroethylene Emissions from Dry Cleaning Operations". The violations pertain to Respondent's failure to install a closed-loop dry-to-dry machine equipped with a refrigerated condenser, a secondary carbon adsorber and a drying sensor or install a vapor barrier as required by the regulation, failure to inspect weekly for liquid and vapor leaks, failure to record the temperature of the air vapor stream as measured by the temperature gauge at least once per week, failure to maintain a log of perchloroethylene purchases, dates of purchase and purchase receipts and failure to maintain a record of the number of loads dry cleaned each calendar month. On June 16, 2004 an inspector from RIDEM's Office of Air Resources ("OAR") inspected the facility and found that the Respondent was in noncompliance with multiple requirements of APC Regulation No. 23. On July 7, 2004 the OAR issued a letter to the Respondent informing the Respondent of the noncompliance and the requirement to achieve compliance with the APC Regulations. On July 14, 2005, a representative of the OAR re-inspected the facility and found continuing noncompliance. The OAR issued a Letter of Noncompliance to the Respondent on August 3, 2005 once again informing the Respondent of the noncompliance and requiring that the Respondent achieve compliance with the APC Regulations. On March 29, 2006 the OAR re-inspected the facility and again confirmed noncompliance. On or about May 2, 2006 the Respondent informed the OAR that the Respondent's noncompliant dry cleaning machine had been replaced with a new fourth generation dry cleaning machine. The OAR confirmed the installation of the new compliant equipment on May 16, 2006. The OAR referred this case to the OC&I to address the Respondent's past noncompliance. In the NOV, the OC&I ordered the Respondent to maintain compliance with the APC Regulations and assessed a penalty in the amount of $8,500.00 for Respondent's past noncompliance.



March 26, 2007 - OC&I/ISDS File No. CI 06 - 30 re: Johanna S. Smith for property located at 308 Saugatucket Road, Assessor's Plat 42, Lot 3 in the Town of South Kingstown. The property includes a mobile home and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). On February 28, 2006, an OC&I inspector conducted an inspection of the property and found that the individual sewage disposal system ("ISDS") was failed. On February 28, 2006 the OC&I inspector issued a Field Inspection-Septic System Failure Report and a Required Action Summary Sheet (collectively, a "Notice of Intent to Enforce" or "NOI") to the Respondent. The Respondent failed to respond to the NOI or comply with the NOI. On November 3, 2006 the OC&I received a complaint that sewage continues to overflow from the ISDS. In the NOV the Respondent was ordered to pump the ISDS to prevent overflows, retain a licensed designer to evaluate the ISDS to determine the cause of the failure and repair the ISDS, if necessary. The OC&I assessed an administrative penalty of $600.00.



March 27, 2007 - OC&I/AIR File No. 06 -13 re: Karoway Polishing, Inc. for its facility located at 230 Oak Street in the City of Providence. The Respondent operates an organic solvent vapor cleaning machine or degreaser and uses trichloroethylene ("TCE") at the facility. The facility is considered a stationary source of air pollutants pursuant to RIDEM's Air Pollution Control ("APC") Regulations. The Respondent's solvent cleaning machine is subject to APC Regulation No. 36, entitled "Control of Emissions from Organic Solvent Cleaning". TCE is a listed toxic air contaminant in APC Regulation No. 22 entitled "Air Toxics". The OC&I alleges that the Respondent is in violation of several equipment related, operation related and recordkeeping and reporting related requirements of APC Regulation 36. On June 29, 2005 inspectors from RIDEM's Office of Air Resources ("OAR") inspected the facility and identified noncompliance with the APC Regulations. The OAR issued a Letter of Noncompliance to the Respondent detailing the violations observed and informing the Respondent of its obligation to achieve compliance. On June 14 and July 11, 2006 the OAR re-inspected the facility and found continuing noncompliance. On July 31, 2006 the OAR issued a Notice of Alleged Violations to the Respondent and referred the enforcement case to the OC&I. In the NOV, the OC&I ordered the Respondent to achieve compliance with the APC Regulations and assessed a penalty in the amount of $7,500.00.



March 30, 2007 - OC&I/Freshwater Wetlands File No. C06-25 re: Jason L. and Alyssa M. Polofsky for property located approximately 100 feet east of Fish Road, adjacent to house number 1390, approximately 2,600 feet northwest of the intersection of Fish Road and Jiley Hill Drive, at utility pole number 86, Assessor's Plat 113, Lot 85L in the Town of Tiverton. The property was purchased by the Respondents on October 25, 2001. The previous owner of the property had obtained a permit from the RIDEM Office of Water Resources Freshwater Wetland Permitting Program ("FWWP") to construct a house on the property. The permit was recorded in the land evidence records in the Town of Tiverton and identified the presence of freshwater wetlands on the property. The OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling (in the form of at least soil material and stones), installing a pool, shed, lawn, and other property accessories, and installing a wooden crossing over a river. The Respondents submitted an application to the FWWP on October 6, 2005 to construct a garage. An inspection of the property by the FWWP on December 7, 2005 revealed that unauthorized alterations of freshwater wetlands were present in non-conformance with the limits of disturbance identified on the previous permit. Respondent Jason Polofsky informed the FWWP inspector that he altered the freshwater wetlands without first obtaining a permit from RIDEM because he needed space for his family's activities. A follow up inspection by the OC&I on March 9, 2006 determined that approximately 5,150 square feet of Swamp and 5,300 square feet of 50-foot Perimeter Wetland were altered. On May 15, 2006 a Notice of Intent to Enforce ("NOI") was issued to the Respondents requiring restoration of the unauthorized altered freshwater wetlands. The Respondents hired a consultant to propose a compromise plan to address the unauthorized alterations; however, a plan was never submitted to the OC&I. To date, the Respondents have failed to comply with the NOI. In the NOV the Respondents were ordered to restore the wetlands. OC&I assessed an administrative penalty of $2,100.00.

Formal Enforcement Cases Settled or Resolved:

March 7, 2007 - OC&I/Septic System File No. CI 04 - 31 re: Steven and Martina Marasco for property located at 17A/B Rhode Island Avenue, Assessor's Plat T, Lot 9 in the Town of Narragansett. The property includes a two family dwelling and is owned by the Respondents. On June 26, 2006 the OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violation pertained to a sewage discharge from the individual sewage disposal system ("ISDS") on the property to the surface of the ground. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. The OC&I assessed an administrative penalty in the amount of $1,200.00. The Respondents filed an appeal of the NOV with AAD. The Respondents retained a licensed designer to investigate the failed ISDS. The licensed designer determined that the plumbing for the kitchen sink, bathroom sink and bathroom showers were improperly connected to the failed ISDS in the front of the property rather than the ISDS in the rear of the property. The plumbing was reconnected to the ISDS in the rear of the property and the failed ISDS in the front of the property was pumped and filled to resolve the violation. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay an administrative penalty of $600.00. The penalty was paid upon the execution of the Consent Agreement.



March 9, 2007 - OC&I/Hazardous Waste File No. 04-091 and Solid Waste File No. 04-045 re: Ronald C. D'Agostino, Dolores R. D'Agostino, D'Agostino's Auto Sales and Salvage, Inc., D'Agostino's Auto Body and Allen's Avenue Auto Salvage, Inc. for two separate properties located at 1174 Douglas Avenue (rear), Assessor's Plat 06, Lot 457 in the Town of North Providence ("the Douglas Avenue Property") and 85 Ellenfield Street, Assessor's Plat 101, Lots 0479 and 0780 and Plat 058, Lot 0811 in the City of Providence ("the Ellenfield Street Property"). Ronald C. D'Agostino and Dolores R. D'Agostino own the Properties. A business known as D'Agostino's Auto Salvage, otherwise known as D'Agostino's Auto Parts, is operated at the Douglas Avenue Property. D'Agostino's Auto Sales & Salvage, Inc. is operated at the Ellenfield Street Property. The President of D'Agostino's Auto Sales & Salvage, Inc. is Dolores D'Agostino. Allens Avenue Auto Salvage, Inc. is operated at the Ellenfield Street Property. The President of Allens Avenue Auto Salvage, Inc. is Dolores D'Agostino. A business known as D'Agostino's Auto Body operates at the Ellenfield Street Property. On March 25, 2005 the OC&I issued a NOV to Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"), the Code of Federal Regulations ("CFR") pertaining to the management of hazardous waste enforced by RIDEM and Rhode Island's Refuse Disposal Act (R.I.G.L. � 23-19.9-5). Following a fire at the Douglas Avenue Property, OC&I inspectors observed 40-50 abandoned automobile gas tanks stored on the property exposed to the weather with open ports and waste gasoline in the tanks. OC&I's investigation revealed that the Respondents had not determined if any of their wastes met the definition of a hazardous waste and did not have any records at the Douglas Avenue Property pertaining to the management of hazardous waste. Storage of the gas tanks was considered to be in noncompliance with the Refuse Disposal Act. During an inspection at the Douglas Avenue Property, OC&I inspectors were advised that all records related to hazardous waste management were maintained at the Ellenfield Street Property. Upon inspection of the Ellenfield Street Property and the multiple businesses being operated at that location, OC&I observed multiple hazardous waste violations. The hazardous waste violations observed on both properties pertained to the Respondents' failure to determine if any of their wastes meet any of the definitions of hazardous waste, failing to properly label all containers holding hazardous waste, failing to mark each container holding hazardous waste with the date waste initially began to accumulate, failing to record weekly inspections of hazardous waste containers, failing to develop a contingency plan to minimize hazards in the event of a fire, spill or release to the environment, failing to provide annual hazardous waste management training to employees who handle hazardous waste and to maintain records of such training, and failing to submit to the RIDEM the names and signatures of the persons the generator has authorized to sign the hazardous waste manifest. In the NOV, the OC&I ordered the Respondents to achieve compliance with the law and regulations and assessed a penalty in the amount of $34,735.25. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance with the orders set forth in the NOV. The parties agreed to a settlement penalty in the amount of $26,735.00. The OC&I agreed to allow the Respondents to pay $6,735.00 upon execution of the Consent Agreement and to pay the remaining $20,000.00 in 24 equal and consecutive monthly installments.



March 13, 2007 - OC&I/Water Pollution File No. WP 05-12 re: Dwares Corporation for property located at 5 Industrial Drive in the Town of Cumberland. The property includes a former textile manufacturing facility and is owned by the Respondent. On June 30, 2005, OC&I issued an NOV to the Respondent alleging that the company violated Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertained to the discharge of pollutants (in the form of oil and grease) from the property to a water of the State identified as Millers River. The discharge was from an 8-inch pipe that was connected to a floor drain in the boiler room of the manufacturing facility. The 8-inch pipe discharged into a stormwater drainage system on the property that entered Millers River. The former tenant at the property (Slater Screen Print Corp) cut and capped the 8-inch pipe at the direction of RIDEM on April 16, 2002 to prevent further unauthorized discharges. RIDEM retained Clean Harbors to remove and dispose of the oil and grease material from the stormwater drainage system and the Millers River. Quantities of material removed included over 100 tons of waste soil and debris, 10 cubic yards of oily sludge and 3,000 gallons of water and oil. In the NOV issued to Slater Screen Print Corp OC&I ordered the company to perform an inspection of the building to determine the discharge locations for all piping in the building and submit a report to RIDEM of the findings, including corrective actions for any pipes that are found to be improperly connected. Slater Screen Print Corp filed an appeal of the NOV with AAD. In settlement discussions the company advised RIDEM that the owner of the building was the Dwares Corporation and that Slater Screen Print Corp had terminated its lease on the building in January 2004; therefore, the Slater Screen Print Corp had no ability to comply with the ordered actions in the NOV. RIDEM agreed that the Slater Screen Print Corp was not responsible for complying with the ordered actions in the NOV and that RIDEM would pursue compliance with the ordered actions in the NOV with the Dwares Corporation. On December 14, 2004 a RIDEM representative spoke with the manager of the property. RIDEM advised the manager of the ordered actions in the NOV, and sent him a facsimile of the NOV issued to Slater Screen Print Corp. The Dwares Corporation failed to comply with the ordered actions in the NOV issued to Slater Screen Print Corp. In the NOV issued to the Respondent, the Respondent was ordered to inspect all internal wastewater piping in the former manufacturing facility building to determine the location of each pipe and submit a report to RIDEM of the findings and the actions taken to correct any violations uncovered during the inspection. OC&I did not assess a penalty. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent retained a consultant to inspect all internal wastewater piping in the former manufacturing facility building and determined that all piping, with the exception of a boiler blowdown pipe, was connected to the town sewers. The Respondent obtained authorization to connect the boiler blowdown to the town sewers, and completed the plumbing work to connect the boiler blowdown to the town sewers. The Respondent fully complied with the NOV; therefore, OC&I closed its file.



March 13, 2007 - OC&I/AIR File No. 06 - 02 re: Genesis Marketing Group, Ltd. for property located at 230 Oak Street in the City of Providence. The Respondent operates a facility at this location that is a stationary source of air pollutants subject to Rhode Island Air Pollution Control ("APC") regulations. On October 3, 2006 the OC&I issued an NOV alleging that the Respondent violated RIDEM's APC Regulations No. 22 related to "Air Toxics" and No. 36 related to "Control of Emissions from Organic Solvent Cleaning". The violations pertained to Respondent's failure to register with the RIDEM following its use and emission of trichloroethylene ("TCE") in an amount above the minimum quantity set for that chemical by RIDEM pursuant to APC Regulation No. 22; failure to properly equip or operate its organic solvent cleaning machine using TCE in compliance with APC Regulation No. 36; and failure to comply with the reporting requirements of APC Regulation No. 36. In the NOV the OC&I ordered the Respondent to show that its organic solvent cleaning machine is in compliance with APC Regulation No. 36 or shut down its operation and provide all missing required reports within 60 days of receipt of the NOV. A penalty in the amount of $8,000.00 was assessed for Respondent's noncompliance with RIDEM's APC Regulations. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent complied with all requirements set forth in the order section of the NOV. For settlement purposes, the Respondent agreed to pay a penalty in the amount of $6,000.00. The penalty has been paid.



March 14, 2007 - OC&I/Freshwater Wetlands File No. C05-77 re: Mapleville Highland Development, Inc., Angelo Calcagni, Alfred Detri, Jr. and Lucille Detri for property located approximately 400 feet northwest of Colwell Road at utility pole numbers 89 and 90, to the west/northwest of house number 66 Colwell Road, approximately 400 feet northeast of the intersection of Colwell Road and the subdivision road (Road A) for the Mapleville Highlands Estates, Assessor's Plat 47, Lot 218 in the Town of Smithfield. The property is owned by Alfred Detri Jr. and Lucille Detri. On June 28, 2006 the OC&I issued a NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to clearing, grading, filling and creating soil disturbance within a wetland complex; clearing, grading filling, and excavating a trench within a 50 foot Perimeter Wetland; and failure to place erosion and sedimentation controls resulting in sedimentation of the adjacent freshwater wetlands. This activity resulted in the unauthorized alteration of approximately 300 square feet of the wetlands complex and 7,250 square feet of Perimeter Wetland. The OC&I assessed an administrative penalty in the amount of $9,750.00. The Respondents filed an appeal of the NOV with AAD. The Respondents have restored the altered wetlands to the satisfaction of the OC&I. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $5,500.00 in two installments. The Respondents paid $2,750.00 upon execution of the Consent Agreement and agreed to pay the 2nd installment of $2,750.00 within 60 days.



March 22, 2007 - OC&I/Septic System File No. CI 00-123 re: The Tern Inn, Inc. for property located at 92 Winnapaug Road, Assessor's Plat 152, Lot 69, in the Town of Westerly. The property includes a six unit condominium complex identified as Ocean Breeze Condominiums and is owned by the Respondent. On October 31, 2006 the OC&I issued a NOV to the Respondent alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violations pertained to the change of use of a motel and house into the six unit condominium complex without submission to RIDEM of a System Suitability Determination ("SSD") application to determine whether the individual sewage disposal system ("ISDS") was adequate. In the NOV the Respondent was ordered to submit an SSD application to RIDEM and upgrade the ISDS, if necessary. OC&I assessed an administrative penalty of $400.00. The Respondent filed an appeal of the NOV with AAD. On December 11, 2006 the Respondent submitted an SSD application to RIDEM. RIDEM determined that the ISDS was adequate for the condominium use and approved the SSD application on January 3, 2007. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. OC&I agreed to waive the administrative penalty of $400.00 assessed in the NOV.



March 23, 2007 - OC&I/AIR File No. 06 - 05 re: ACN-Providence, LLC. The Respondent owns and operates a facility that is a major source of air pollutants subject to federal and state Air Pollution Control ("APC") Regulations. The facility is located at 455 George Washington Highway in the Town of Smithfield. The Respondent is the holder of an Operating Permit issued by the RIDEM Office of Air Resources (No. RI-04-00(R2)). On December 19, 2006 the OC&I issued a NOV to the Respondent alleging that the Respondent violated APC Regulation No. 29, entitled "Operating Permits" and RI General Law Title 23, Chapter 23-23 entitled "Rhode Island Clean Air Act". The violations pertained to Respondent's failure to comply with specific requirements of its Operating Permit issued by RIDEM including: failure on 38 occasions to maintain a specific minimum operating temperature when using Respondent's afterburner to control air pollutants during drum reconditioning processes; failure to submit an annual compliance certification and two semi-annual monitoring reports for 2004; failure to keep records pertaining to degreaser operator training; and failure to keep a log for Respondent's waste heat boiler's alternate operating scenario. In the NOV, the OC&I ordered the Respondent to document and determine the fuel savings it had the benefit of as a result of having fired its natural gas afterburner at any temperature below the required 1800 degrees Fahrenheit, ordered the Respondent to submit degreaser training records within 60 days or cease operating and permanently shut down its degreaser; submit a copy of a log created to document boiler operating scenario changeovers and maintain said log upon use; and submit legible copies of the Respondent's afterburner's temperature chart recordings and corresponding drum production sheets from April 19, 2005 to December 19, 2006. The OC&I assessed a penalty in the amount of $192,000.00 for Respondent's noncompliance and further informed the Respondent of OC&I's intent to assess economic benefit penalties in addition to gravity penalties already assessed following receipt of documents ordered in the NOV. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. As part of settlement negotiations, the Respondent provided information to the OC&I that showed Respondent did not enjoy an economic benefit from the noncompliance alleged in the NOV. Respondent also provided information that more specifically identified operating temperatures of its afterburner during the period of alleged noncompliance along with information related to a new permitted temperature limit for its afterburner during drum processing. The Respondent otherwise complied with the order section of the NOV. For settlement purposes, the OC&I and the Respondent agreed to a penalty of $60,000.00. The OC&I agreed to accept $20,000.00 upon execution of the Consent Agreement and the remaining penalty to be paid in quarterly payments of $10,000.00 until the penalty is paid in full.



March 23, 2007 - OC&I/Solid Waste File No. 03-038 re: The Town of Charlestown regarding the former Town of Charlestown Municipal Sanitary Landfill property located at Sand Hill Road, Assessor's Plat 23 Lot 123. On June 16, 2004 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Compost Facilities and Solid Waste Management Facilities ("the Solid Waste Regulations") and specifically Solid Waste Regulation 2.2.12 relating to standards for final cover systems for closed landfills. The violations pertained to Respondent's failure to install proper soil material and to establish proper vegetative cover to meet the requirements of RIDEM's approved closure plan for the facility. The OC&I alleged in the NOV that the Respondent used a material that meets the definition of solid waste for use as a soil cover material. In the NOV OC&I ordered the Respondent to initiate and complete the removal of all unacceptable top cover material (i.e., solid waste) to an approved location for proper capping in accordance with a remedial action work plan approved by RIDEM and to complete all final surface grading along with the establishment of vegetative cover in accordance with Respondent's approved landfill closure plan. All work was required to be completed before 15 October 2004. The OC&I assessed a penalty in the amount of $12,376.72. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to remove at least six inches of the solid waste from the surface of the landfill, take all necessary precautions to protect the cap liner below the waste from any damage, dispose of the solid waste at a licensed solid waste management facility, replace the solid waste with natural soil suitable to sustain vegetative growth, complete planting of vegetative cover and ensure the maintenance of the vegetative cover thereafter. All performance is to be completed no later than October 1, 2007. The Respondent agreed to pay a penalty in the amount of $2,796.72 to the OC&I upon execution of the Consent Agreement. This penalty represented the cost recovery portion of the penalty assessed in the NOV. The OC&I agreed to hold the payment of the remaining penalty amount in abeyance pending Respondent's compliance with the performance agreed to in the Consent Agreement. The Respondent agreed to pay the remaining penalty if Respondent fails to perform.



March 30, 2007 - OC&I/ISDS File No. C93-16 re: Rocco C. and Lorraine M. Parrillo for property located at 175 Bourne Avenue, Assessor's Plat 21A, Lot 724 in the Town of North Providence. The property includes a single family dwelling and is owned by the Respondents. On June 27, 2006 the OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violation pertained to the discharge of sewage from the individual sewage disposal system ("ISDS") to the surface of the ground. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface and connect the plumbing for the dwelling to the town sewers. OC&I assessed an administrative penalty in the amount of $2,000.00. The Respondents did not file an appeal of the NOV with AAD. The Respondents connected the plumbing for the dwelling to the town sewers to comply with the NOV. OC&I agreed to waive the administrative penalty because the Respondent's were able to demonstrate an inability to pay any appreciable portion of the penalty.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

March 8, 2007 - Superior Court Case File C.A. No. 05 - 3224 and OC&I/Freshwater Wetlands File No. C01 - 294 re: West Bay Partnership, LLC and Fred and Ingeborg Rieger ("Plaintiffs") vs. W. Michael Sullivan in his capacity as Director, Rhode Island Department of Environmental Management ("Defendant") for property located approximately 1,000 feet west of South County Trail (Route 2), approximately 3,000 feet south/southwest of the intersection of South County Trail and Division Street, west of no. 1407 South County Trail (Chronomatic, Inc.), Assessors Plat 12A, Lot 97 in the Town of East Greenwich. On September 16, 2003 the OC&I issued a NOV to Plaintiff Ingeborg Rieger alleging that Plaintiff Ingeborg Rieger violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act ("Freshwater Wetland Regulations"). The violations pertained to clearing, excavating, and filling in multiple areas of freshwater wetlands on the property. The OC&I alleged that the activity resulted in unauthorized alteration of 108,000 square feet of Swamp, 2,480 square feet of two separate Streams, and 59,070 square feet of Perimeter Wetland and Riverbank Wetlands associated with the Swamp and Streams. OC&I previously issued a Notice of Intent to Enforce ("NOIE") to Plaintiff Ingeborg Rieger on November 18, 2002 requiring the restoration of the freshwater wetlands. Plaintiff Ingeborg Rieger failed to comply with the NOIE. In the NOV the Respondent was ordered to restore the freshwater wetlands. The OC&I assessed a penalty in the amount of $8,400.00. Plaintiff Ingeborg Rieger filed an appeal of the NOV with the AAD. Prior to hearing, Plaintiff West Bay Partnership, LLC filed a petition with the AAD for intervener status. West Bay Partnership LLC purchased the property from Plaintiff Ingeborg Rieger following the issuance of the NOV. In addition to filing for intervener status at AAD, Plaintiffs West Bay Partnership, LLC, and Fred and Ingeborg Rieger filed a complaint in Superior Court alleging that the former Department of Natural Resources ("DNR") (predecessor to the RIDEM) had issued a permit for pond construction on the property in the area where the OC&I alleged that Plaintiff Ingeborg Rieger had altered wetlands without a permit. In addition, Plaintiffs claimed that DNR's letter authorizing Ingeborg Rieger to construct a pond represented a determination that regulated wetlands were not present on the property. Plaintiffs argued that in reliance of this determination, efforts were expended in both time and money to prepare development plans for the property. Prior to a hearing at the AAD and in Superior Court, the Plaintiffs and the Defendant executed a Consent Order to resolve both the NOV and the Superior Court complaint. The Plaintiffs agreed to restore certain wetlands on the property on or before May 30, 2007. The Defendant allowed Plaintiffs to maintain a road crossing over a portion of the wetland and to allow the Plaintiffs to file an application to seek approval to maintain the road for development purposes on a permanent basis. The Plaintiffs are required to obtain the necessary permit within 18 months of execution of the Consent Order. In the event that Plaintiffs do not obtain the necessary permit, they have agreed to remove the road crossing and restore the wetland. The Plaintiffs agreed to pay the Defendant $4,500.00 in penalties. The penalty was paid upon execution of the Consent Order. The cases before the AAD and the Superior Court are dismissed as a result of the Consent Order.