September 2002 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 September 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:

September 17, 2002 - OC&I/Septic System File No. CI 91-208 re: Kenneth and Susan U. Kaplan for property located at 5 Red Oak Drive, Assessor's Plat 102, Lot 106 in the Town of Coventry. OC&I alleges 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 ("the ISDS Regulations"). The violation pertains to the discharge of sewage to the surface of the ground from a failed septic system on the property. On or about May 23, 1991 and August 9, 1995 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondents. The NOIs advised the Respondents that a discharge of sewage to the surface of the ground is a violation of the ISDS Regulations and must be corrected. The Respondents failed to adequately comply with the terms of the NOIs. In the NOV, OC&I ordered the Respondents to cease the discharge of sewage and repair the septic system. RIDEM assessed a penalty of $1,000.

September 17, 2002 - OC&I/Septic System File No. CI99-237 x-ref. CI00-217 re: Tai Dee Garden, Inc. and Roy and Nancy Lacroix, for property located at 1134 Bald Hill Road, Assessor's Plat 255, Lot 26 in the City of Warwick. OC&I alleges the Respondents are in violation of the ISDS Regulations. The violations pertain to the discharge of sewage to the surface of the ground and into the storm drainage system on Bald Hill Road and the connection of 2 commercial buildings into the septic system. The septic system was not designed to treat the wastewater flow from two buildings. On or about November 24, 1999 and September 28, 2000 OC&I issued a NOI to the Respondents for the discharge of sewage to the ground and unauthorized use of the septic system from the 2 commercial buildings. The Respondents failed to adequately comply with the terms of the NOIs. OC&I ordered the Respondents to cease the discharge of sewage to the surface of the ground, cease the discharge of sewage into the septic system from the 2 commercial buildings, and repair the septic system. OC&I assessed a penalty of $7,000 in the NOV.

September 19, 2002 - OC&I/Wetlands File No. C02-0061 re: Pulte Home Corporation of New England, for property located approximately 550 feet north/northeast of the intersection of Admiral's Way and Schooner Cove Lane, Assessor Plat L, Lot 224-19, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and excavating approximately 588 square feet of Perimeter Wetland of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0062 re: Pulte Home Corporation of New England for property located approximately 580 feet east-northeast of the intersection of Admiral's Way and Schooner Cove Lane, Assessors Plat L, Lot 224-24, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, constructing a portion of a deck stairway, and excavating approximately 350 square feet of Forested Wetland. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0063 re: Pulte Home Corporation of New England, for property located approximately 320 feet east/northeast of the intersection of Admiral's Way and Schooner Cove Lane, Assessor Plat L, Lot 224-27, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and excavating approximately 175 square feet of Shrub Wetland. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0064 re: Pulte Home Corporation of New England, for property located approximately 800 feet east of the intersection of Point Judith Road and Galilee Escape Road, Assessor Plat L, Lots 224-A and 224-B, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and excavating approximately 12,795 square feet of Perimeter Wetland of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $13,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0065 re: Pulte Home Corporation of New England, for property located approximately 300 feet south of the intersection of Schooner Cove Lane and Admiral's Way, Assessor Plat L, Lot 224-33, in the Town of Narragansett. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. The violations pertain to clearing, filling, grading, soil disturbance, excavating and installing utilities within a Swamp and Perimeter Wetland of a Swamp. The violations affected approximately 4,000 square feet of Perimeter Wetland and 540 square feet of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $2,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0198 re: Pulte Home Corporation of New England, for property located approximately 800 feet east of the intersection of Point Judith Road and Galilee Escape Road, Assessor Plat L, Lot 224-2, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and excavating approximately 235 square feet of Perimeter Wetland of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0199 re: Pulte Home Corporation of New England, for property located approximately 800 feet east of the intersection of Point Judith Road and Galilee Escape Road, Assessor Plat L, Lot 224-21, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and excavating approximately 550 square feet of Perimeter Wetland of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0200 re: Pulte Home Corporation of New England, for property located approximately 600 feet east/northeast of the intersection of Schooner Cove Lane and Admiral's Way, Assessor Plat L, Lot 224-23, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and excavating approximately 75 square feet of Forested Wetland. This violation is 1 of 14 separate Notices of Violation that DEM issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/Wetlands File No. C02-0201 re: Pulte Home Corporation of New England, for property located approximately 350 feet east of the intersection of Admiral's Way and Schooner Cove Lane, Assessor Plat L, Lot 224-26, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. 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, constructing a retaining wall, and excavating approximately 180 square feet of Forested Wetland. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I has documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.

September 19, 2002 - OC&I/AIR File No. 02-09 re: Cardi Corporation for property located at or near the area of Devils Foot Road (Route 403) in the Town of North Kingstown. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulation No. 5 regarding Fugitive Dust. The activity conducted by the Respondent was associated with new road construction. On two separate occasions, the Respondent failed to take precautions to prevent particulate matter from becoming airborne and traveling beyond the property line of the emission source at Respondent's work-site. The Respondent was advised of its obligation to comply with APC Regulation No. 5 in Letters of Noncompliance issued to the Respondent on 30 July 2001 for a work-site in the City of Cranston and again on 7 September 2001 for another North Kingstown work-site. In the NOV, the OC&I ordered the Respondent to comply with the regulation and assessed a penalty in the amount of $5,000.00.

September 26, 2002 - OC&I/Solid Waste File No. 02-052 re: Daniel Webster for property located at 1612 Mendon Road, Assessor's Plat 58, Lot 46 in the Town of Cumberland. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act. The violation pertains to the illegal disposal of approximately 30 cubic yards of solid waste on the subject property. The Respondent was advised through the issuance of informal enforcement letters on 20 March 2000 and 22 June 2001 that it is a violation of state law to dispose of solid waste at other than a licensed solid waste management facility. Respondent was notified that the solid waste must be removed to prevent the issuance of a formal enforcement action and assessment of penalty. The Respondent did not remove the waste. In the NOV, the OC&I ordered that the solid waste be removed and disposed of at a licensed facility within 30 days and assessed a penalty in the amount of $2,500.00.

September 26, 2002 - OC&I/Wetlands File No. C01-0140 re: Green Hill Builders, Inc., for property located approximately 100 feet west of Deep Woods Drive, approximately 320 feet southwest of the intersection of Timber Ridge Road and Deep Woods Drive, Assessor Plat 25, Lot 49, House No. 15, in the Town of Charlestown. The property is one of the lots within a 4-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on October 7, 1999. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, constructing a rock retaining wall, installing a well and water supply line, constructing a deck, grubbing, grading and excavating approximately 5,170 square feet of Perimeter Wetland of a Swamp, portions of which are within Riverbank Wetland. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision are in nonconformance with the Permit. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on June 27, 2001 to restore the freshwater wetlands. To date the Respondent has failed to comply with the NOI. OC&I ordered the restoration of the unauthorized altered wetlands by November 1, 2002 and assessed a penalty of $1,000.00.

September 26, 2002 - OC&I/Wetlands File No. C01-0144 re: Green Hill Builders Inc., for property located approximately 140 feet west of Deep Woods Drive, Assessor Plat 25, Lot 50, House No. 5, in the Town of Charlestown. The property is one of the lots within a 4-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on October 7, 1999. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, excavating, and construction of a drinking water well within the Perimeter Wetland of a Swamp. The violations affected approximately 4,100 square feet of Perimeter Wetland. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision are in nonconformance with the Permit. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on June 27, 2001 to restore the freshwater wetlands. To date the Respondent has failed to comply with the NOI. OC&I ordered the restoration of the unauthorized altered wetlands by November 1, 2002 and assessed a penalty of $1,000.00.

September 26, 2002 - OC&I/Wetlands File No. C01-0142 re: Green Hill Builders, Inc., for property located approximately 120 feet northwest of Timber Ridge Road, and 210 feet northeast of the intersection of Timber Ridge Road, and Deep Woods Drive, Assessor Plat 25, Lot 41, House No. 96, in the Town of Charlestown. The property is one of the lots within a 4-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on October 7, 1999. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, grubbing, and excavating approximately 2,165 square feet of Perimeter Wetland of a Swamp. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision are in nonconformance with the Permit. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on June 27, 2001 to restore the freshwater wetlands. To date the Respondent has failed to comply with the NOI. OC&I ordered the restoration of the unauthorized altered wetlands by November 1, 2002 and assessed a penalty of $1,000.00.

September 26, 2002 - OC&I/Wetlands File No. C01-0141 re: Green Hill Builders, Inc., for property located approximately 80 feet south of the terminus of Deep Woods Drive, approximately 620 feet southeast of the intersection of Deep Woods Drive and Timber Ridge Road, Assessor Plat 25, Lot 48, House No. 19, in the Town of Charlestown. The property is one of the lots within a 4-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on October 7, 1999. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, grubbing and excavating approximately 1,300 square feet of Perimeter Wetland of a Swamp, portions of which are within Riverbank Wetland. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision are in nonconformance with the Permit. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on June 27, 2001 to restore the freshwater wetlands. To date the Respondent has failed to comply with the NOI. OC&I ordered the restoration of the unauthorized altered wetlands by November 1, 2002 and assessed a penalty of $1,000.

September 27, 2002 - OC&I/Wetlands File No. C01-0071 re: Scituate Highlands, LLC, for property located immediately east of Nipmuc Road, approximately 1.5 miles southeast of the intersection of Nipmuc Road and Old Plainfield Pike, Assessor Plat 50, Lot 33 and 128, in the Town of Scituate. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to filling, grading, and piping within an Area Subject to Storm Flowage (ASSF), filling, grading, and constructing a gravel roadway within Riverbank Wetland, and clearing within a Perimeter Wetland. The unauthorized alterations affected 1,315 square feet of ASSF, 5,000 square feet of Riverbank Wetland, and 2,000 square feet of Perimeter Wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on July 18, 2001 requiring the restoration of the ASSF and Riverbank Wetland. Follow up inspections on October 30, 2001 and on December 6, 2001 revealed that the work required in the NOI had still not been completed. Follow up inspections on February 12, 2002 and February 20, 2002 revealed that further unauthorized alterations of freshwater wetlands had occurred at the Property. OC&I ordered the restoration of the unauthorized altered wetlands by November 1, 2002 and assessed a penalty of $4,000.00.

Formal Enforcement Cases Settled or Resolved:

September 13, 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. On June 11, 2002, OC&I issued a NOV to the Respondent alleging that the Respondent violated DEM's ISDS Regulations. The violation pertained to the discharge of laundry waste to the surface of the ground. OC&I ordered the Respondent to cease the discharge of laundry waste and to submit a plan for the permanent solution to the violation. OC&I assessed an administrative penalty of $1,200.00. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, the Respondent completed all work to connect the laundry waste into the existing septic system. A Consent Agreement was executed between the Respondent and OC&I to resolve the administrative penalty whereby the Respondent agreed to pay $400.00 in full resolution of the penalty. The Respondent has paid the penalty and the enforcement matter is resolved.

September 17, 2002 - OC&I/Wetlands File No. C02-0026 re: Pulte Home Corporation of New England, for property located approximately 80 feet south of Admiral's Way, Assessor Plat L, Lot 224-39, in the Town of Narragansett. On April 17, 2002, 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. (See April 2002 Enforcement Web Page update for details relating to the violations). On April 23, 2002, the Respondent and the OC&I executed a consent agreement to resolve the enforcement action. The Respondent agreed to restore the freshwater wetlands, monitor all plantings, and replant as necessary until the plantings survive at least one growing season, and pay a penalty in the amount of $1,000.00. The restoration was completed and the penalty paid. The requirement for the Respondent to monitor the plantings is ongoing.

September 23, 2002 - OC&I/Solid Waste File Nos. 00-028 re: Global Waste Recycling, Inc. and OC&I/Solid Waste File No. 00-044 (Amended NOV) re: Independent Sand & Gravel of R.I., Inc. for property located at 180 Colvintown Road, Assessor's Plat 92, lot 1, in the Town of Coventry. On 21 September 2000, the OC&I issued a NOV alleging that Respondent Global Waste Recycling, Inc. ("Global") violated Rhode Island's Refuse Disposal Act relating to disposal of refuse at other than a licensed solid waste management facility and operating a solid waste management facility without a license. The OC&I alleged that Global maintained waste in the form of construction and demolition debris totaling approximately 112,000 cubic yards in 3 locations on the property for at least 10 months. The OC&I ordered Respondent Global to cease accepting solid waste, commence removal of all solid waste and complete the removal on or before November 19, 2000. The OC&I assessed a penalty in the amount of $366,283.00. On 27 September 2000, the OC&I issued a NOV to Respondent Independent Sand & Gravel of R.I., Inc. ("Independent") for the same property located at 180 Colvintown Road, Assessor's Plat 92, lot 1, in the Town of Coventry. The OC&I alleged in the NOV that Respondent Independent also violated Rhode Island's Refuse Disposal Act. The violations pertained to disposal of refuse at other than a licensed solid waste management facility and operating a solid waste management facility without a license. The OC&I alleged that Respondent Independent maintained waste on the property in the form of construction and demolition debris in an approximate amount of 92,443 cubic yards. The OC&I ordered Respondent Independent to cease accepting waste, commence removal of all waste and complete the removal on or before November 19, 2000. The OC&I assessed a penalty in the amount of $233,817.00. Both Respondents contested the NOVs to the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the NOVs. The Respondents agreed to cease accepting, processing and disposal of solid waste on the property and agreed to remove all solid waste from the property no later than 31 December 2002. The removal of all solid waste is to be consistent with a Superior Court Order issued against Global Waste Recycling, Inc. on December 17, 2001. The OC&I acknowledged that the Respondents demonstrated their economic benefit from noncompliance to be substantially less than that assessed in the NOV and further agreed to reduce the penalty in return for an accelerated solid waste removal schedule set forth in the Consent Agreement. Respondent Independent agreed to pay a penalty in the amount of $54,656.00 if all of its waste is not removed by October 31, 2002. Respondent Global agreed to pay a penalty in the amount of $190,944.00 if all of its waste is not removed by December 31, 2002. OC&I agreed to allow Respondent Global to show through sworn financial records that it may not have an ability to pay the penalty in the Consent Agreement but Global must disclose and identify funds available to pay a lesser penalty.

September 24, 2002 - OC&I/UST File Nos. 99-00343 & 001083 re: The City of Woonsocket for the Woonsocket Police Department located at 242 Clinton Street and the Woonsocket DPW Highway Division located at 105 Cumberland Hill Road, Assessor's Plat 22, Lot 35, 143 and Plat 41, Lot 1 respectively. On February 22, 2000, the OC&I issued a NOV to the Respondent alleging multiple violations of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to corrosion protection upgrades, precision testing, spill containment basins and overfill protection for multiple USTs at these facilities. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $69,770.00 of which $43,770.00 was for the economic benefit of non-compliance with the UST Regulations. The Respondent requested a hearing to contest the NOV. Prior to hearing, the Respondent completed closure of the USTs located at the facilities on July 17, 2000. To resolve all outstanding enforcement matters, OC&I and the Respondent executed a consent agreement to resolve the NOV. The Respondent acknowledged non-compliance with the UST Regulations and agreed to conduct a Supplemental Environmental Project ("SEP"). The SEP is estimated to cost $70,470.00 and consists of closing a 75,000-gallon UST at an abandoned mill complex located at East School Street in the City of Woonsocket. Closure of the UST is to be completed by November 30, 2002. The Respondent has agreed to pay the originally assessed penalty of $69,770.00 should the Respondent fail to complete the SEP as agreed.

September 26, 2002 - OC&I/Wetlands File No. C02-0198 re: Pulte Home Corporation of New England, for property located approximately 800 feet east of the intersection of Point Judith Road and Galilee Escape Road, Assessor Plat L, Lot 224-2, in the Town of Narragansett. On September 19, 2002 OC&I issued a NOV 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 pertained to clearing, filling, and excavating approximately 235 square feet of Perimeter Wetland of a Swamp. This violation was 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In the instant case, OC&I ordered restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.00. The Respondent restored the freshwater wetland as required in the NOV and paid the penalty of $1,000.00.

September 27, 2002 - OC&I/Septic System File No. CI98-158 re: Fleet National Bank for property located at 249 Carlton Avenue, Assessor's Plat 378, Lot 39 in the City of Warwick. On March 30, 2001 OC&I issued a NOV to the Respondent alleging certain violations of RIDEM's ISDS Regulations. The violations pertained to the discharge of sewage to the surface of the ground. OC&I ordered the Respondent to cease the discharge of sewage to the ground and repair the septic system. OC&I assessed a penalty of $5,000. The Respondent requested an administrative hearing on the NOV. Prior to the hearing, OC&I and the Respondent executed a Consent Agreement on April 1, 2002 wherein the Respondent agreed to connect the sewerage system for the Property to the city sewerage system by June 30, 2002. The Respondent also paid $1,000.00 in administrative penalties. The Respondent completed the work to connect the sewerage system for the Property to the city sewerage system and the enforcement matter is now resolved.

Superior Court Actions Issued:

No cases were issued this month.

Superior Court Actions Settled or Resolved:

No cases were resolved this month.