city council 07 27

CITY OF NEWPORTDOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules of theCouncil, will come before the Council at its regular meeting to be held onJuly 27, 2011, at 6:30 p.m.

PLEDGE OFALLEGIANCE TO THE FLAG

CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen'sForum period shall be no longer than fifteen minutes and citizens may address theCouncil on one subject only and for no longer than three minutes. Issues to bediscussed shall not include matters to be considered or discussed as part ofthe regularcouncil agenda and must be related to substantive city business. No commentsregarding personnel or job performance are allowed.

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETYUNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

a. Minutes ofthe June 29, 2011, Special Council Meeting (Approve)

b. Special Event Licenses:

1) Arts & Cultural Alliance, d/b/a John Monllos Trio Concert (as partofBridgefest); Eisenhower Park, Washington Sq., August 2, 2011,from 7:00 p.m. to 8:30 p.m.

2) Fort Adams Trust, d/b/a Summer Luau/Fundraiser; Fort AdamsState Park, August 20 (rain date Aug. 21),2011, from 4:30 p.m. to10:00 p.m.

It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. Thepublic is invited to attend. The docket, along with all supporting documents, can be viewed on the City ofNewportwebsite: www.cityofnewport.com- ..CurrentNewport City News & Announcements" - Click on "MORE NEWS."Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of theCouncil Meeting will be available t the Newport Public Library within 48 hours of the meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429}A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

DOCKET OF THE COUNCILJuly 27, 2011

3) Music Box, Inc., d/b/a Warehouse Sale (clothing); NewportYachting Center, 4 Commercial Wharf, August 4, from 5:00 p.m. to10:00 p.m.; August 5 and 6, 2011, from 9 a.m. to 12:00 a.m.; andAugust 7, from 9:00 a.m. to 9:00 p.m.

4) AmpSurf Association ofAmputee Surfers, d/b/a AmpSurf SurfingClinic for Disabled; Easton's Beach, August 15,2011, from 7:00a.m. to 2:00 p.m.

5) Turning Around Ministries, Inc., d/b/a 20 11 TAM Walk; September10,2011, from 8:00 a.m. to 12 Noon, beginning and ending atEmmanuel Church (route attached to application).

6) Newport Brokerage Boatshow, LLC, d/b/a Newport BrokerageBoatshow; Newport Shipyard, Washington St., September 15 to 17,2011, from 10 a.m. to 6:00 p.m.; September 18,2011, from 10:00a.m. to 5:00 p.m.

7) Newport Oyster Festival, Inc., d/b/a Newport Oyster Festival; FortAdams State Park, October 8, 2011, from 11 :00 a.m. to 7:00 p.m.

c. Drain Layer License, New, Pro Construction Co., LLC, 70 JacquelineWay, Tiverton, RI.

d. Drain Layer License, Renewal, D'Libro Excavating, Inc., Daisy St., WestWarwick, RI.

e. Holiday Selling License, Renewals:

1) Long WharfInterval Owners Assoc., d/b/a Long Wharf SeasideGeneral, 5 Washington St.

2) Dennis C. Kelley, d/b/a D. Kelley Fine Used Books, 330 Broadway.

f. Second-hand License, Renewal, Dennis C. Kelley, d/b/a D. Kelley FineUsed Books, 330 Broadway.

g. Pedicab Operator License:1) David Harrison, 60 East Transit St., Providence, RI2) Beshka M. Kandell, 27 Sycamore St., Providence, RI3) Elizabeth Neches Koltai, 824 Tolman Dr., Stanford, CA


4) Simon Ouderkirk, 62 Overhill Rd., Providence, RI

h. Waste Hauler License, Renewals:1) Cleanway Disposal & Recycling, Inc., d/b/a 190 State Rd.,

Westport, MA.2) Rambone Disposal Services, 2153 Plainfield Pike, Johnston, RI.

1. Communication from Jim Dias, Chairperson, Vasco da Gama SocietyCultural Festival in Touro Park on September 10,2011, requesting a raindate of Sept. 11, 2011, and permission to hang a banner in the parkpromoting the Festival, beginning Sept. 8,2011. (Approve subject todetails being worked out with the city administration.)

J. 2008-2010 Clean Ocean Access Water Quality Monitoring SummaryReport (Receive)

k. Claims: (Receive and refer to City Solicitor)1) Jason Barker2) Frederick A. Caswell3) Andrew A. Radel

COMMUNICATIONS AND PETITIONS

2. Communication from the City Solicitor, re: Consent Order - EnvironmentRhode Island, et ai, v. City ofNewport and Earth Tech, Inc., U.S. District Courtfor the District ofRI, C.A. No. 08-265S (with accompanying Resolutionapproving the Consent Agreement)

3. Communication from Michelle Dupree requesting permission to address theCouncil regarding a plethora ofmishaps.

RESOLUTIONS

4. Horizontal Curve Review, 205 Ocean Drive

COMMUNICATIONS FROM THE CITY MANAGER

5. Memorandum from the City Manager, re: Letter to New Businesses


6. Communication #4874/11, re: Newport Police Department Byrne Grant (withaccompanying resolution)

7. Communication #4875/11, re: Fireman's Fund Insurance Co. Grant (withaccompanying resolution)

8. Communication #4876/11, re: Bid Award for Construction Equipment andOperator/Seaweed Collection & Disposal at Easton's Beach (with accompanyingresolution)

9. Communication #4877/11, re: Award of Contract for Broadway StreetscapeFinal Design Phase (with accompanying resolution)

10. Communication #4878/11, re: Bid Award for Intake Structure Improvements(with accompanying resolution)

11. Communication #4879/11, re: Water Division Radio Read Meter ReadingSystem - Change Order No.1 (with accompanying resolution)

12. Communication #4880/11, re: Amendments to Noise Ordinance (withaccompanying ordinances)

13. Communication #4881/11, re: City Policy - Code Red Notification System(with accompanying resolution)

14. Communication #4882/11, re: Valet Parking Ordinance Amendments (withaccompanying ordinance)

15. Communication #4883/11, re: Pedicab Ordinance Amendments (withaccompanying ordinance)

16. Communication #4884/11, re: Agreements between the City ofNewport andLocal 1080, IAFF, for the periods of July 1,2005, through June 30, 2011, andJuly 1,2011, through June 30, 2014 (with accompanying resolution andordinance)

RECESS AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS

DOCKET OF THE COUNCILJuly 27,2011PageS

BOARD OF LICENSE COMMISSIONERS

CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESSTHE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TOCOMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

1. Class F-I Daily Liquor License, Fort Adams Trust, d/b/a SummerLuaulFundraiser; Fort Adams State Park, August 20 (rain date Aug. 21), 2011,from 4:30 p.m. to 10:00 p.m.

2. Class F Daily Liquor License, Newport Oyster Festival, Inc., Fort Adams StatePark, October 8, 2011, from 11 :00 a.m. to 7:00 p.m.

ADJOURN as Board of License Commissioners, RECONVENE as Council, and,based upon an affirmative vote of the majority of the members, convene in ExecutiveSession in the Conference Room, pursuant to RI General Laws, Section 42-46-1, asamended, and in accordance with Section 42-46-5, "Purposes for Which Meeting Maybe Closed," Paragraphs (a) (1) Personnel Matters, and (a) (5) Disposition ofPublic1yheld Property. The pending vacancy of the position of city manager and thedisposition of Carey School will be discussed.

RECONVENE IN OPEN SESSION and ADJOURN.

Kathleen M. SilviaCity Clerk

July 20, 2011

CITY OF NEWPORTMINUTES OF THE SPECIAL COUNCIL MEETING

HELD JUNE 29, 2011

The following items of business, filed with the City Clerk under the rules ofthe Council, camebefore the Council at its special meeting held on June 29, 2011 at 6:30 p.m.

The Mayor called the meeting to order at 6:30 p.m.

The Deputy City Clerk called the roll and the following members were present:

JUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANOSTEPHEN C. WALUK, MAYOR

ABSENT: CHARLES Y. DUNCANKATHRYNE.LEONARD

Resolution

NAOMI NEVILLEHENRY F. WINTHROP

1. Amending Resolution No. 2011-071 to authorize an increase of $2,000 in the expenditurefor a 4th of July Fireworks Display, for a total, not-to-exceed cost of$25,000.

MAYOR WALUK introduced the resolution and stated there have been a lot ofprivate donationsfor the fireworks and he supported the city making a contribution and moved for its adoption.Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

COUNCILOR MCLAUGHLIN made a motion to adjourn. Seconded by MAYOR WALUK andVOTED UNANIMOUSLY.

Adjourn 6:31 p.m.

Laura S. BoianiDeputy City Clerk

if;' 1\~~- - .

Cily ofNewport, Rhode Island \.APPLICATIONFORASPECIALEVENTLICENS~.: i JUL - 8 2011

iI

DATE:

EVENT TITLEfIYPE:

LOCATION OF EVENT: I U//f ..5ij,. /1..- ? T,,?..--J ...Fe» V-/'fi e- IDate(s) of Event: IT<r eJ.o r-rt /i ~ <G' <z .5 r 0< I

I & 5- 7/'M.. ~~"'/b c.<&/<r 7-r -JillHours of Event: r--.

Holder ofEvent & DBA: I~ /1~ 7.5 ~. C- <i' <:. / <f:'£,4 l. ,,¢ L C-/,p..-<Vc.eI

Signature ofHolder of Event:Ie:>~~-:;.-

Printed Name: I .:::r-t:5ij'/l/ ;f/';(JC.t/',.;:3 0' -Fc/CI Title: I..>C:=-~C ~-y IAddress ofHolder of Event: I 7/'& 6- /0 D...r //,t;/.d!"/- ,/1/ d <iV'.--/to~ /L:Z::- IBusiness Telephone: Ic::.' / ? - 1:)/Ol 7 Residence Telephone: I IIs Organization Non-Profit? lye .5 Is Organization Religious? I ,/l/P

Is there a charge for admission? I /I/@ II c/ry

Is event to be on Cily, State, or Private Properly? -=-...:.....---:.--------------

Name ofProperly Owner of Event Site: I--'\-'-ft__£_~_~_·_c.../_""'__.-c_-r _

Signature ofProperly Owner: I ~

Printed Name of Properly Owner:I-;:============================~Will Event be Indoors or Outdoors?

(Include Plan)

EVENT HOLDER---::-,.--:-::=c::::---:-:::--=-=-=-c-::==-=APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided?

If so, location of toilet facilities:(Include on plan)

Will a tent be erected?(Include on plan)

Expected Attendance:

COPY OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: I__~====Is parking available: For how many vehicles?

CONCERT I'ftii/ I Is staging or platform required? I ,/Vt9

List types of musical instruments:

Amplification? IYS.5 I

DANCE I f'l1 DEEJAY Amplification: Ijl; <!' ..p/-7 e {. q:r-C---('- "<"..:'.--;'4 '?'~ ;- L d"'"7

SPORTING EVENT I f'J? I Type: I~~==================Set-up Dates (Sporting events only): 1 _

PLAY I Ifyes, what type:

Will there be animals? I Jf 2!i ICIRCUSCARNIVAL I f'! <P

~~r--~~~---~==~--Ifyes, types of animals:

Type: IL... _SHOW OR EXHIBITION: I jVcP IOTHER (describe) I

'-------~==============Are required approvals attached, e.g., State, Recreation Dept.?

,-Is a street closing being requested?

Will food be prepared on the premises?

If so, is Health Dept. Inspection Approval attached?

EVENT HOLDER_--::-:,,---,---===---=---=======APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

Will LIQUOR be served?

Ifyes, will you be applying for a Class F or F-l Liquor License?

Ifnot, will another's license be used?

If so, whose?

Will there be gambling, e.g., bingo, raffle, etc.? 1 /1/ t!>

List Names ofVendors

Do you have State Police Approval? 1 N-

Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Applicatiou For Pelmit to Operate a Show orEvent" with RI Division ofTaxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

-~-----====----Location from where fireworks will be shot:

Time fireworks will begin: 1 _ Duration: ·11-- _NOTE: Iffireworks are to begin 01' eud after 10:00 p.m., a sound vmiance must be obtained.

Iffireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) [=:J On Sidewalk(s) [=:JHas notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

EVENT TITLE/TYPE:·• (. GE

LOCATION OF EVENT:

Date(s) of Event:

IFoRT AOM'!$. I FOI'2f !\1JAhlS S1"A,~ P,AR.I< I N'E.vv'eORr I

I 'SAi', AU&USi 2.0,2.011 (RAlti DATJ:- SUh, /'(1)(,- ZJ)

Hours of Event:

Holder ofEvent & DBA:

Signature ofHolder ofEvent:

Printed Name of Property Owner:

Will Event be Indoors or Outdoors?(Include Plan)

UrtJD A LA" I ~ IOlfL~Cll:>lZ. ofPrinted Name: ,,-IE::. fo,,-ECq vt;. Title: s PE::C.IAl- £ VEV\T1

Address ofHolder of Event: jifOf!>li:-f AOA/IIS DIU'/e: J.tOl2r ADAIYl'i. S'fAn:.. PARK.U EwP 0(2:[" J!2I O~6 'tl-"-()----------

Business Telephone: lifQJ- b11- 5B01 I Residence Telephone: liID-I--6-~-g---5-0-2.-B--

Is Organization Non-Profit? Dfs Is Organization Religious? I NO IIs there a charge for admission? [j f;s I I I

. SlATE,; PRtlPbP\'lIs event to be on City, State, or Pnvate Property? ""L _Name ofProperty Owner of Event Site: I . ,,'S1;§# c/:::!l1a£cZ:4/ljd ISignature of Property Owner:

EVENT HOLDER FOwl AOAM~ \'RUSTAPPLICAnON FOR A SPECIAL EVENT LICENSE

(Page 2)


If Outdoors, will toilet facilities be provided? [j...."E:::.:cS _

l-oV-e-~-I-GWi--B-A~--t-P()-JZ-fA-~-(£-1t\-1~--6r)-PA-AA-oJ



Is parking available:

1 ~O\l

D=E-=--s_


Seating Capacity: I to S"tl +

For how many vehicles? O..::(}..::(}--

CONCERT 1Jc.=f:S=----_ Is staging or platform required? 1 ~~ I Amplification? 1 "IE-S

List types ofmusical instruments:

Z. IOAtKJs fA. WI1l+ ORUMS, KGYBaAlZD tblJITARS. I BI\NO 10/ lJK.tLM-lE. PO.s~8

tGYl + DAl1c:~ RSDANCE [jJt\ DEEJAY I NO Amplification: I I

SPORTING EVENT I N6 Type: 1 _

Set-up Dates (Sporting events only): 1'-- _

PLAY L.fiic><.Cl_ If yes, what type:

Will there be animals? 1'--__NOCARNIVAL I ~D CIRCUS

-_---'==::::=----------===~--Ifyes, types of animals: 1

SHOW OR EXHIBITION-:-:-;I=N=C\=:::;----::T:-yp-e-:-;:!~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~_=OTHER (describe) 1 ---'

Are required approvals attached, e.g., State, Recreation Dept.? GD-=-/'< _

Is a street closing being requested?

Will food be prepared on the premises? 1 ~fS


EVENT HOLDER FO@fI\OAi\I\.,SI..,l?....V'-=$i":.LI _

APPLICAnON FOR A SPECIAL EVENT LICENSE(Page 3)

IF-I IB~ <t- RUlV\

Il.......--_IIfyes, will you be applying for a Class F or F-l Liquor License?


Ifso, whose? 1 _


Will there be gambling, e.g., bingo, raffle, etc.? I No Do you have State Police Approval? 1'--__List Names of Vendors Item to be Furnished

~~ r RUt-qI- _

roOD

B€::\1 t ~ (;.\<R~~.\ c..OcxxsIO& SCOOP:))01"1-\ (;.~ - -rBD

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957) WILL sU 8M. t"T kffLtc..A'(\(JI').

FIREWORKS


Location from where fireworks will be shot:

Time fireworks will begin: ! ----J Duration: I'-- .......J

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for police

detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON. ETC. On Roadway(s) On Sidewalk(s) c:=:JHas notification been made to residents along the route?__Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

Ij

JlJL _ 6 2011'f)!;v ..)Ir«IJI~g; C)/

I

t t{v/l1/l-1"'=9k1.-- IvIJd,aEj "vcWn'n:7j dJ=

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City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICEN8,];,

DATE: _~G+l1-",?_l..--t7/,--_lf -

1~/vJ4'?-;=;;;:=,(j;;I-kM=;::;;f::;:l:;;5~:;:;i-;;::;G;:;;:::'-;::::::;';C:;::;t-;,,;,';::M=:/=/V=tl======I /!/6WP",-/2-'1'" [email protected]?l<1/6j Q:,,,.i{&~

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

Printed Name: /l-1, &45'1< Title: I IAddress of Holder of Event: C~. ---/60 /~t:;;F >-7) ,lVf;;:.7.-vjtJt7tZ.T; I2;;t;..JBusiness Telephone: I '!fLit{---- a,6C J<'f: , Residence Telephone: I ,- IIs Organization Non-Profit? I ~O I Is Organization Religious? I ,--vi>

Is there a charge for admission? I ('1./0 I IIs event to be on City, State, or Private Property? -,-7jL'll",/,-,,""_4-,-=ro=.r--Ln-'·~'-"'JLe _

Signature of Holder of Event:


Name of Property Owner of Event

Signature of Property Owner:

Printed Name of Property owner:1/l1/C!.Jt;Z& ,4V/~'t:'Y'Z--'--'-"'-"-------'--------------


EVENT HOLDER HA.N5'~Il/ /Vt.,;!:vpt?n TAPPLICAnON FOR A PECIAL EVENT LICENSE

(Page 2)


If Outdoors, will toilet facilities be pro:,:v~id::e;d.:.?~1 :;:,~V:;~~f=';;;;;~::;-:::;-;;;-:"'--;;;'A7r;:=--------//V!?e7i1K p~/T~A/' t?IVJ/TC

CONCERT I _ I Is staging or platform required?


1 reI COPY OF TENT PERMIT MUST BE ATTACHED.

<Ii ' . ·IP·J>tJ t)4/ LY If'''J7) - !iCV Seating Capacity: L_"_·-;=====1 /VZ> I For how many vehicles? 1 -




- Amplification?

I ~----DANCE ~I DEEJAY 1 - Amplification: IL_- _

SPORTING EVENT 1 _ 1 Type: 1 ~

~--=========================

PLAY

Set-up Dates (Sporting events only):

I If yes, what type:

CARNIVAL 1__-__,1 CIRCUS

'--- Will there be animals? 1- I

-

Type: I .--Ifyes, types of animals: I.-

~:;;=::;----=----;:::=======================SHOW OR EXHIBITION: p~====--~=======================OTHER (describe) I ..-----------;:::=~===============

Are required approvals attached, e.g., State, Recreation Dept.?




EVENT HOLDER /lety flA/VJ~/V ~?dte-T

APPLICATION FOR ASPECIAL EVENT LICENSE(Page 3)


If yes, will you be applying for a Class F or F-I Liquor License? ' -If not, will another's license be used?

Ifso, whose? 1 _

Will there be gambling, e.g., bingo, raffle, etc.? 1.- 1 Do you have State Police Approval? 1..--List Names of Vendors

-1-Item to be Furnished

-1-For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do youor the pyrotechnic have Newport Fire M~a=r:::sh:::a::.l.::ap~p:::r.::o~Va:::I::.?_ ____'=1='===== _Location from where fireworks will be shot:

Time fireworks will begin: 1_-=-'--__ Duration: IL _NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) [=:J On Sidewalk(s) ·FHas notification been made to residents along the route? __Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE

! I

EVENT TITLE/TYPE:

Hours of Event:

Date(s) ofEvent:

DATE: Ju07) 'to t(~-----------------------,

All1pSLUI- Su ('fin] (///11( fcr'/U DisaW.f<h

LOCATION OF EVENT: I Wi:JzrflIJ- ~(, / r €I ~~ I,

I MOVid{U,} Iftiq(Jsf rc 26 If I

I 7 A1VI- z- PJ1t1 IHolder ofEvent & DBA: I A111P9.W{- AS~6((ULfl69 of- AWlpulEeSCvtf1J

Signature of HO,-Id_er_o_fE_v_en_t:...=1~='/=/ ::::'=)=i'::::/::::'=(::::/::::'J::::::::,:="::::'=::;-__-;::::==:======IPrinted Name: I [)QJVl£i C(,vtIJflW1 ifU3r I Title: IGxec Drrech-IAddress ofHolder of Event: I P6 f)o'/C 564fs~n LuL~ 0br..reo/~Ir q~'t01

,

Business Telephone: IaD5"~yq{- 52--1/ I Residence Telephone: I '86S-- 4-41- '?2.71 IIs Organization Non-Profit? I y G"r;. I Is Organization Religious? I /.J 0 IIs there a charge for admission? I N() I I L._ _ ..f

t;Gt-y1Dpl ~ i:,e6tC1'--Is event to be on City, State, or Private Property? L _

Name of Property Owner of Event Site: I ~Sj~Jll\(f I:?~L

Signature ofPl'operty Owner: IL _

Printed Name ofProperty owner:1 LAij of 1Ve-wplJyf; (L(

Will Event be Indoors or Outdoors? I 0err (J{o6rf(Include Plan) L~=-- ~

. -'---"",.'-----_. -----.-----./, .. _-_..,

EVENT HOLDER ArYleS'u.v.fAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

Seating Capacity: 1_:....t0--t7'-'A'-'--__--J

For how many vehicles? I IV ll4

Copy OF TENT PERMIT MUST BE ATTACHED.

l--'-'-tJ/_A ---'-__

I tJo ,I LiD·-TJU IDieS I



If Outdoors, will toilet facilities be provided? 1l-...:.-ilJ=-.:D:....-__

--------------------



CONCERT l Nlit I Is staging or platform required? I/vI}It I Amplification? IfJ /A[ { ,


I ?JIltDANCE I AI fI4. I

(DEEJAY IiJ7/4 I

•Amplification: 1l---'-fVI.:....A.:....·__

SPORTING EVENT I y t;;<;' I Type: I AdtLtIJt (VB 5uf~(111_· _

Are required approvals attached, e,g., State, Recreation Dept.?

Will there be animals?~

Set-up Dates (Sporting events only): I M611&£q{ I i1"D9t/ll<=,,-,,IJ'--4-I..,,t,;-!~-Z:...>()'-"I--'-(_-'7--'-A-a-'-=4_~_"2'__P,_Yl__'_1_

PLAY I (VIA] Ifyes, what type: l--'-f.J+,I~It _J

CARNIVAL If/ffJ I CIRCUS I tv /11 I) t

Ifyes, types ofanimals: IAi IA~I~~.~~~I;============~

SHOW OR EXHmiTION: rRT1JI Type: I to 7If.=-=--~~~---~-:=:"~================~

OTHER (describe) I N/ A--!-,-,-'------;=================

1 _

Is a street closing being requested? I \IJ 0

Will food be prepared on the premises? I ~()

If so, is Health Dept. Inspection Approval attached? I fv /Iti

-_ ..------ -- ._- ----------

EVENT HOLDER AI11 D5(}JrtAPPLICAnON FOR A~-=E'::C=-IALC::---:E=VE=N=T=L=I=C=EN:-=:SE

(page 3)


If yes, will you be applying for a Class For F-l Liquor License?

If not, will another's license be used?

[ (J 0

1fJ}AI fv'/A,

If so, whose? IV/A

Will there be gambling, e.g., bingo, raffle, etc.? jJ $ Do you have State Police Approval? IA/ lit-

IlulA

Item to be FurnishedList Names ofVendors

Nl/r

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division ofl'axation? (Contact No.: 222-2957)

FIREWORKS


Location from where fIreworks will be shot:

Time fireworks will begin: I fJ/A,,--- Duration: l_hl...:....j:/I.L:1"=.1.- _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are tor longer than 15 minutes, arrangements mnst be made for police

detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) ~ On Sidewalk(s) ~

Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE: TV/AI

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) ofEvent:

Hours ofEvent:


2011 TAM Walk

Emmanuel Episcopal Church

ISeptember 10, 2011

18:00 am - 12:00 pm

Turning Around Ministries, Inc. ; Cheryl G. Robinson DBA

• 1401-846-5202Residence Telephone: L- _

Signature ofHolder of Event:1/£de~Printed Name: ICheryl G. Robinson Title: IPresident

Address ofHolder ofEvent: P.O. Box 3151; 50 Dr. Marcus F. Wheatland Blvd.; Newport, RI 02840

. 1401-846-8264Busmess Telephone: L- _

Is Organization Non-Profit? ILY_e-;::S===-_Is Organization Religious?

Is there a charge for admission? INo IICity Property

Is event to be on City, State, or Private Property?

Name of Property Owner ofEvent Site: IrC-it-y-o-f-N-e-w-p-o-rt--------------

Signature ofProperty Owner: LI _

Printed Name ofProperty owner:1

~==================Will Event be Indoors or Outdoors? IOutdoors(Include Plan) L. _

Turning Around Ministries, Inc.EVENT HOLDER"-:-::==-c-::=~~===::-::c=-::::

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 2)

If Outdoors, will toilet facilities be provided? I_y_es _

Community Baptist Church, Emmanuel Episcopal Church

Is parking available: For how many vehicles?

If so, location oftoilet facilities:(Include on plan)

Will a tent be erected? INo(Include on plan) -----

Expected Attendance: 1=75====1 Yes


Seating Capacity: ILN_/A_-;======130

CONCERT I<-N_/A _ Is staging or platfonn required? Amplification?

List types ofmusical instruments:

1 ----

DANCE I,-N_O__ DEEJAY I,-N_/A__ Amplification: I --.J

Type: 1SPORTING EVENT I_N_/A_---'

Set-up Dates (Sporting events only): IL --.J

PLAY I_N_/A__ If yes, what type:

Type: I

Will there be animals? 1 _

1N/AAre required approvals attached, e.g., State, Recreation Dept.?

Is a street closing being requested? I=N=O========~------Will food be prepared on the premises? I_N_O ---'

If so, is Health Dept. Inspection Approval attached? 1 _

EVENT HOLDER Turning Around Ministries, Inc.APPLICATION FOR A SPECIAL EVENT LICENSE

(page 3)


Ifyes, will you be applying for a Class F or F-I Liquor License?

If not, will another's license be used?

Ifso, whose? 1 _

Will there be gambling, e.g., bingo, raffle, etc.? ILN_o__

List Names of Vendors

N/A

Do you have State Police Approval? 1 _

Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval? !_Nl_A -'


Time fireworks will begin: 1 _ Duration: IL- ----'NOTE: If fireworks are to begin or end after 10:00 p.m., a sonnd variance must be obtained.

If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expense.

ROAD RACE. WALK-A-THON. ETC. On Roadway(s) c=:J On Sidewalk(s) ~

Has notification been made to residents along the route? NoHave temporary signs been posted? No (Signs must be removed by the following day.)

SPECIFIC ROUTE: See attached sheets

Route: The walk-a-thon will beginat 40 Dearborn Street. Walkers willproceed on Dearborn Street towardThames. Upon reaching Thames,the walkers will turn right ontoThames. They will then proceednorth on Thames until they reachMarlborough Street. They will Turnleft and proceed on Marlboroughuntil they reach Dr. Marcus F.Wheatland Blvd. The walkers willturn left onto Dr. Marcus F.Wheatland Blvd. They will proceedon Dr. Marcus F. Wheatland Blvd.until they reach Broadway. Theywill walk north on Broadway (on theleft side of the street facing traffic)until they reach the crosswalkacross from the old SheffieldSchool. At the crosswalk, thewalkers will cross the street andproceed South on Broadway. Theywill continue on Broadway until theyreach Spring Street. They will turnleft onto Spring Street and proceedsouth until they reach Dearborn.The walkers will turn right ontoDearborn Street and continuewalking until they reach the startingpoint of the walk-a-thon. The entireroute is 4 miles.

Iii iiC~ v !.]liI' ,;

APPLICATib~o:~~wl~r;:E~;1~I~~~NTLICEt~F).i~t 1~\~(~,fJ,~!t\

DATE: _5""'4-"1=2J-J2.=-><-LDiL-1 _

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

J-o I

.J

Signature of Property Owner:

Holder of Event & DBA:

Signature of Holder of Event: /'/

Title: --=:1==============1Address ofHolder of Event: I 5 MCLtJV1li.Xlu 2JA Ue.tup ret IBusiness Telephone: cGi:UJ'i; yCj -0131-- Residence Telephone: ~=ey=.~:tl=)=-~=3:2~'e;;:":5f:1

Is Organization Non-Profit? L1J 0 I Is Organization Religious? r-Il () IIs there a charge for admission? LK....)-"D,------,

Printed Name:

Name of Property Owner of Event Site:L-'-=;'-=-;"'H~'----L----I.."LL+LII--J..IJ-U'-a...-IP'~-------l

Printed Name of Property Owner:I 0 I 'l\.-.>-LLJ"!....:.i_LJ;..;·C-'l""lLJVlu.CAu. _

Will Event be Indoors or Outdoors? Ic--(';--j-d-------------------(Include Plan) J ift J: ....6IY-J"--'-_S..L. _

EVENT HOLDER .,(/-ewpcrr flYd!c-<fC/?e ~.. fS'AuvAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)


-IAmplification?

Will a tent be erected? ~e~ I(Include on plan)

Expected Attendance: I ]

Is parking available: I ']Seating Capacity: L =:=JFor how many vehicles? I I

CONCERT WJID Is staging or platform required? I - IList types of musical instruments:

1 -----

DANCE C1IjID DEEJAY LilJlIJ Amplification: I '-

SPORTING EVENT CDjliJ Type: I,--_~ . _Set-up Dates (Sporting events only): 1 _

PLAY c::M:JID If yes, what type:

CARNIVAL ~--C__I_R-C-U-S----====--V,-Ti-n-tl-le-r-e-b-e-a-ni-n-la_]s_?~I===~ _

If yes, types of animals: 1 _

Type: 1 _

OTHER (describe) I-----~~==========

Are required approvals attached, e.g" State, Recreation Dept.? LllJ.lt-----~------

SHOW OR EXHIBITION:




EVENT HOLDER N-ewf?qr 13wk""(pcs"'e fA.d.J'ho?LAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

If so, whose?


Will there be gambling, e,g" bingo, raffle, etc,?

If yes, will you be applying for a Class F or F-I Liquor License?

LSjf5

LIJ-"lO_Ifnot, will another's_l_ic_e_n_s_e_b"'e,--u_S_ed_? -Pr----,- C&:f0===- _

LBIUP '"taUS rtl-W-(1 t1 <;:.j

Do you have State Police Approval? emList Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS



Time fireworks will begin: 1 _ Dllration: IL -----'NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

If fireworks are for longer than 15 minutes, arrangements must be made for policedetail officers at sponsor's expeuse.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) UJjl¥ On Sidewalk(s) c=JHas notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

1:.: !! \",': ;

DATE:

City of Newport, Rhode Island , I' JUlAPPLICATION FOR A SPECIAL EVENT LICENSE!'. 1 3 2011

! '! L

7J13/2.c>I\ L G

J

i! I

EVENT TITLE/TYPE:l0e\r~Oor\,

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event: 7 :00 itr"",

Holder of Event & DBA:

Signature of Holder of Event:

c,

WfWPO!11 'TrY/T WILL (JI(})VIO( LA/nur:

Address of Holder of Event: ~ \ '\1(0,:'; "\it(\tc, ()lS\Ob

Business Telephone: Itl,I),\ 01 'Z'·i. =1-. Ob,,"! ~ Residence Telephone: [1.:..'/1..:..)"",1'-,6""'1:"",:,,,-,_'_!_lAl>_"_"'.:.:..1'__

Is Organization Non-Profit? 11r2..~ Is OrganizatiOli Religious? I "".; ::..,Is there a charge for admission? I~e..:;' I IIs event to be on City, State, or Private Property? ~ \.."-t:e.... Qr -ei~;~,~,&tS'~ I,,,, ~.

Name of Property Owner of Event Site: I ...s:.-f:;;-j;i c:J;::: I?/x:;LG :::Z:S:dtVL

~Signature of Property Owner:


Printed Name of Property Owner:

EVENT HOLDER----__-- - cc:-

APPLICATION FOR A SPECIAL EVENT LICENSE(Page 2)

If Outdoors, will toilet facilities be provided? I<O~~,~r--'----~--'-----~-~-~~-'-------'-----'--------

If so, location of toilet facilities:(Include on plan) ,


Expected Attendance: '


I 'jt,S , COpy OF TENT PERMIT MUST BE ATTACHED.

(';$;\ni>:f '".,.,,;~ i!lj;i,) Seating Capacity: I_I.-:e--'0,---,0"",,_' _

I '\jt::S;;. I For how manyvehicles? I goe)

CONCERT IyeI!":::J. I Is staging or platform required? IVe,~':J I Amplification? Lye,:) IList types of musical instruments:

DANCE l,t)~1 DEEJAY , 1,\),::' Amplification: 1 _

SPORTING EVENT I 10'.) I Type: I ~ _Set-up Dates (Sporting events only):

PLAY I (}::l;

CARNIVAL I P-::::.l

If yes, what type:

CIRCUS Will there be animals? I'-----

If yes, types of animals:

SHOW OR EXHIBITION: I Nf) I Type: 1_' _

OTHER (describe) Ct ~WtS: ,~~~\~,;~. \ ", f"%:!i'''''~" i"\ ,,"-}. k v· (~e, h\~,' ,Ii!>::

Are required approvals attached, e.g., State, Recreation Dept.? I.........IU-=--'/~A.-"- _

Is a street closing being requested? I'--f_".=)_v...::''-- _

Will food be prepared on the premises? I_~-=<e.:::::..";;}"-- _

If so, is'Health Dept. Inspection Approval attached? 1).)iH S>t*~,tI;~;1


If yes, will you be applying for a Class F or F-I Liquor License?


Ifso, whose? IL --,__-.J

Will there be gambling, e.g., bingo, raffle, etc.?·I Ar> IList Names of Vendors

Do you have State Police Approval? 1 _

For RetailSales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with ill Division of Taxation? (Contact No.: 222-2957)

FIREWORKS



AJ/AI,

Duration:Time fireworks will begin: 1 _

NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for police

detail officers at sponsor's expense. .

ROAD RACE, WALK-A-THON, ETC. On Roadway(s)[LOOJ On Sidewalk(s) I~j)~) IHas notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

Date: -..:I/.L.1'9..,.}.u1lc--_

CITY OF NEWPORT, RHODE ISLAND

APPLICATION FOR LICENSE

Dat?Lo/!!TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: DRAIN LAVE "~II» BL·~1:"9r2~.:Voijl-l~j-;ILI.I.-)\1Application is made for the following license: .... . ... .. ". .JDate of Duration: _ANNUAL_ Business Telephone: ....2Qll~~4-:.Ai:!f:lD· Cli i il i:,';?Oin

<! 1 L r A I .. d.-- CilY Cl.fT·:S c>rCELocation: <JT/'eeT;> (/1- lfIe1.!ffIIVL ......---.........-.... ......---

D/B/A _Hz> c..n6)y1Ut:H~c.. -c:-I!Signature of Applicant: ~ K~9fPrint Name of Applicant: 19d1tutL f, ,'m'xh/'CTcm~ -.f1d1tW( f~ Sp,ltb ~C

Owner Telephone: 5lJ'iJ -(..310 , D'~l')Q

Owner Address: '76 0ae.qJ.uJ me ~ 11WtL-\zlV' (1;;I (J?J????

Mailing Address: \(Y'>d- ~a"(M ~'"" HiqllidilJ1 k.k)~UPI:!\-- nn- 0;)'7')<\

Filing Fee $15License Fee $100License Number:

Date Paid: _Date Paid _

COUNCIL ACTION: _ DATE APPROVED: _

License issued by: Date Issued: _

Drain Layer Licenses expire on June 30th each year. The renewal application must be submitted in time to gobefore the City Council prior to July I st.

An insurance bond is required and must be approved by the Engineering Department.

C.\[nelpub\wwwl'Oot\nCWlll'wport\departmcnts\eity-clcrk\docs\app....DrainLaycrLiccllse._2008.doc1D (fSunday.SellingID>I Previous Docket Utite '<D<ltc_,.nt~ ..Do{'kcb>

Created on 7(l4i2008 10:22:00 AM

CITY OF NEWPORT, RHODE ISLANDAPPLICATION FOR LICENSE

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

IiI'll u~, ee) 112 II ~ij [t;_11

Ifyll i JIt _JUL 18 2~11_J

cn-Y 'ii· I,,:l".',.:<:,'(i'CITY el.m:"s ':"ieE

ATI:-=lI7Iay f 6~'~20n",,,,----"

Application is made for the following license: DRAIN LAYER

Filing Fee $15License Fee $100License Number:

Date Paid: _Date Paid _

2909

COUNCIL ACTION: _ DATE APPROVED: _

License issued by: Date Issued: _

Drain Layer Licenses expire on June 30th each year. The renewal application must be submitted intime to go before the City Council prior to July Ist. .

An insurance bond is required and must be approved by the Engineering Department.

\{ :\)\1 isc~;11,Il1CllUS 1.icellscs\Drai nl.aycr\/\pp [)railll _ilYcr! .ic\'Jlsc.2009,docID 3G Previous Dock\:t Date: 06/23/;:0 [0

Ch'·akd on 5/ J 1f2f)09 9:2.0 1-\1\1

~b-~J-' 11 ~~: J~ I'HVI'J-\;lty \;18rJ\S VInce '1m~'1~M~1

. --rJJ---ZlVI IT' 1-' 'I \' I' " -11 \ II~ 1'1 Is' I

CITY OF NEWPORT, RHODE ISLAND U"}I '(\ ~ ..-- I '/ lL, :; ,!I )\t yr J ,l !

The undersigned rcspoctfully petition. Ihe HOl\omhle Coul\oil for a HOLIDAY l,ICENSE to allow retail sal i~n ~~foU9'Mi~g h~liIlay,)~ew i, 'IYear's Day, Memorial Day, Fourth OfJllly, Vierory DaY,I,abor DlIY, Columbus Day, Vewran', Day, Or On Ydol). whie\{ 'Il1)' eO\lltierQl\\il'llOlldj is' 'of!loilllly celehrated. No Ilolldsy LiceD.e .hsll be ' ••ued sdd a rotall bu.;n....boll Dot be opeD »..emb • Z5'" ofany yoar 0.. TbanksgMnnay, e..ept ph.rlll.ci.., retsil.tores tbat prlDcipally sell food prOODels and which .mploy fower than ,i. en' OY""II'I" sbirt at any onlocatiop, flower, garden Bnd garden actessory shops, vkleo stt'Jre$, apd btlkeri~s. (HI General Law 5-2 ) CI\-Y ~;l,t:::.· L, :!~E

ApplicatiA:>n is made fo.: HOLIDAY SELLING LICENSE Oat,,:

LICENSE DURATION:

BUSINESS OWNER:(IndividUal, Corp/LtC. etc.)

BUSINESS DIB/A:

BUSINESS LOCAnON:

OwnerlRepresenuitive;

Authorized Signatllre:

Owuer's Home Mdress:

Business Telephone No,: Home Telephone No.: _o/tii.- 639 '-"/ '71)

MAILING ADDRE§S: (eirel" one) @Buslness location eM owner's address II:) Q1b~r Upeclfy)

-------------------------_._--.._-

The undersigned has been in business since (yellr):~OI b _

The business is principally engaged in the sale of the following types ofgoods: -.L~AI')EA)iE/1!j.£__lrEII1.$__CJ:r r SHoP.J}.f!£!tJ1J.£LS "'~. ~__._.

TRANSFERS ONLY COMPLETE nus SECTION

PREVIOUS BUSINESS (ownership): __• ..__•• _ , .._.__. .

PREVIOUS BUSINESS Dffl/A: __ . . •._~_...__. .__.._ ...__.__. .__._.__,-_,

PREVIOUS BUSINESS ADDRESS: ..__..... ..._ .._~, '"_.__._. . ._. .. _

PREViOUS OWNER'S SrGNATlm..E: __,.... . ... ... .__._.......__,.. .._ ... _

~. R. Jl)F.~'ln!'~ liB!;; ONLY /

Filing F~0 $1:5,00 Dal;; Paid71. ._ New."".__,,~. .Retl,;,wlIl .,_:':::':-::~ .._,"fj'tl.ll$fer .~.._.~••_._

UCeli8e ~'ee $:HlQ.\IO Dilto l'aid j/JJfJL _...DOCIQJ;.l nA:FE: . ..,.."',.."..",._......... COFi'iCU, ACTW)N:".,,, .. _,.__N_'.".. "'_~....._"...J~ it'n;;~ .....~...._,_..,,_,__ .

[)o~1 O1T[~ OTJol L7t 2Jj} ICITY OF NEWPORT, RHODE ISLAND

PFfJUL - 8 2011

The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sale~ on th~following holidays: N<;w.:Year's Day, M<;morial Day, Fourth ofJuly, Victory Day, Labor Day, Coiumbus Day, Veteran's Day, or on a&y day which.any enumeratedcholiday is.officially celebrated. A retail business shall not be open -December 25th of any year or Thanksgiving Day', except pharmacies, retail stores '.'

. ~~- "''', '-. -.' ----.' ,," • '- ','," - -, -" .. " _... - .. - ,-, .,'- '- .. " ". ',- ','.,.... , ",'<.

that principally sell food products and which employ fewer than six employees per shift at anyone location, flower, garden and gardenaccessory shops, video stores, and bakeries. (RI General Law 5~23)

Application is made for:

LICENSE DURATION:BUSINESS OWNER:(Individual, CorpILLC, etc.)

BUSINESS D/B/A:

BUSINESS LOCATION:

Owner/Representative:

HOLIDAY SELLING LICENSE RENEWAL Date: _

April 1, 2011 through March 31,2012Dennis C. Kelley

D. Kelley Fine Used Books

330 Broadway

Dennis C. Keiley

Authorized Signature:

Owner's Home Address: 33 Cvoress St. Portsmouth RI 02871

Title:

Business Telephone No. I (401) 846-4140 Home Telephone No.: I (401) 683-4331

MAILING ADDRESS: a Busiuess location b owner's address

E-Mail Address: '011' "['K ~ Ifer € '!:!!f( t '7:--0 tV & 1)..5 EZT----The undersigned has been in business since (year):~

The business is principally engaged in the sale of the following types ofgoods: t.)oS pt:p $"{7T2I4..'S

TRANSFERS ONLY COMPLETE THIS SECTION

PREV10US.BUSINESS (ownership): _

PREVIOUS BUSINESS D/B/A: _

PREVIOUS BUSINESS ADDRESS:

PREVIOUS OWNER'S SIGNATURE: _

FOR OFFICE USE ONLY

Filing Fee $15.00 Date Paid~JINew Renewal __Xp-__Transfer _

License Fee $100.00 Date Paid ~ 1/1 !~iMI1

DOCKET DATE: 1/27111 COUNCIL ACTION: ~DATE: _I I

License issued by: Date: _


*********2011*********

'QMJUL - 8 2011

RENEWAL

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Application is made for a SECOND HAND LICENSE DATE:j" j

.,1...... .. .. .. . ,1

Date of Expiration for annual license: I_A_p_ri_l_I,_20_1_2 ----J

Business Phone: I )..} J IYJ 1'" I7D~- ~b ~ /fl'fo

Business Name: I Dennis C, Kelley(ownership) c-. _

Business DBA: I D. Kelly Fine Used Books

__I

c) other (specify below):

Representative Signature/Title:

OwnerlRepresentative:

Owner/Corp. Home Address:

Business Location: 1_3_3_o_B_r_o_a_d_w_a_y 1

I_D_e_nn_i_sC_,_K_e_lle_y 1

1•.••~~~· ••••.••••Z••.•••~.e.4:·m._ ...'P-1.... ;Z~,k

. '"§rJ

Owner/Corp. Telephone #:

Mailing Address (circle one)(a) business addre~b) owner address

.. 330 Broadway, Newport, RI 02840

~~~~~~~~~~~~~~~~~~~~~~ FOR OFFICE USE ONLY ~~~~~~~~~~~~~~~~~~~~

Filing Fee $15.00 Date Paid: 7/0/1/ ':J'MH

License fee $100.00 Date Paid 7/0//1'/111;(Date License issued by City Clerk:_~ _

DATEGRANTED _

Initials:---

SCCOJHII-JalldAPPl\krgtQOII OJ/IB/ll ID 14

06/13/2011 15:10 401-846-2321 DPW STREET+SIDEWALK PAGE 03

1 5 2011,JULCity of Newport

Department of Public ServicesClean City Program

2011-20UtWASTE HAULER LICENSE APPLICATION FOR THECOLLECTiON AND CONVEYANCE OF WASTE MATERIALS IN THE

CITY OF NEWPORT, RI(Pet Gedlon 8.24.040 ofthe Cily of Newport Code 01 Ordinances)

Indicate if this is a New or Renewal \/ License

Business Name: C-\eclv\lJG('U..jJ)\S,~DSa..\ ~ Rec.,ljdtJoS/I'nc.Business Owner: _.-:-:::~--.:::"t""-..,..-~-~~~~=--::"'":"~"1"":Business Address=::.19 D ~s·hy~ 2.15 (PQ P;D2SToW$,tpDr+M~BusinessPhone#: 5(R,-(P73-0S~)· Oa..,qo

IQblQ WAIl];,HAULiB LICIiiNSE FEEii,g.o ~R YgABCHECKS SHOULD BE MADE PAYABLE TO: ·CITY OF NEWPORT'

PLEASE RETURN APPLICATION &FEE BY JUNE 10,2011 TO;CITY OF NEWPORT, ATTN: CLEAN CITY PROGRAM

80 HALSEY STREET. NEWPORT~ RI 02840After your application Is approved by the City of Newport's City Council,

your solid waste hauler decals will be mailed and must be affixed to each vehicle.Please provide Information for all vehlel.. to be licensed and use an additIOnal sheet if neeenary:

Description of VgblsCle .Vehicle identification Number 1ill ~PQ;;l.yC:0Yro O~~Lf (toVehicle Licen,e Plate Number StIOd" Make (VI erek.,Color LQh\\:e- . Type of Body----"J<;Oll -oFf'Gross Vehicle Weight 7 /)., DoD . Unladen Weight :34,wC'PVehicle used for the transportation of C- .D I mSI.I.)'Has the vehicle been Issued an Inspection Certificate by the State of RI? 1\10

Ducriptip" ofVthl.9lt. ,Vehicle Identification Number 1)fY) 9- pat,neX.X MOY: 'd.783 \iVehicle License Plate Number 3'7 J., 'i? Make__-.,.,.:..IY);..,;,.:l\c...C,_'.'2-:'-'-:,.-- _Color . We.I/DW Type of Body p;l)11-DfO-EGross Vehicle Weight -:TO/ODD Unladen Weight .?2I-fJ srOBVehicle used for the transportation ofHas the vehicle been issued an Inspec-:-:-tio-n-C=-e-rt'""ifi;:-"lc-at-:-e-:"b-y-:':th-e-:S::7ta-:t:-e-o'::-fR=I?~--:"fJ"TO"'-

Ptac:tlRJIpn of Yehlele ._ ~ .._ _ , .Vehicle Identification Number IFitXt 75 ) 3,:, VL.Q..b (p to()Vehicle LicenSE! Plate Number my~ d. Make fP,dColor .u t-l)DW Type of Body t DI \ .- l;?'\=£Gross Vehrtle Weight :23.000 Unladen Weight . 14! '110 '1Vehicle used for the transportation of I

Has the vehicle been issued an Inspection Certificate by the State of RI? _

1

1101 Adfi ';1321

City of NewportDepartment of Public Services

Clean City Program

I'

L

,JUL 1 5 2011

J.

2011-2012 WASTE HAULER LICENSE APPLICATION FOR THECOLLECTION AND CONVEYANCE OF WASTE MATERIALS IN THE

CITY OF NEWPORT, RI(Per section 8.24.040 of the City of Newport Code of Ordinances)

Indicate if this is a New or Renewal~I! License

Business Name:Business Owner:Business Address: -\A''''''''''-~""","'''''''-..I-..l~~'-'''-fl-A'''-':l.~-''''-'l.tJ.t::=,--,··""","h-V.;t~v>,t(;j/Business Phone #:,_~'--\. =-'-I..>J..>.o..;:~ _

SOLID WASTE HAULER LICENSE FEE: $250 PER YEARCHECKS SHOULD BE MADE PAYABLE TO: "CITY OF NEWPORT"

PLEASE RETURN APPLICATION & FEE BY JUNE 10, 2011 TO:CITY OF NEWPORT, ATTN: CLEAN CITY PROGRAM

80 HALSEY STREET, NEWPORT, RI 02840After your application is approved by the City of Newport's CityCouncil,

your solid waste hauler decals will be mailed and must be affixed to each vehicle.

Please provide Information for all vehicles to be licensed and use an additional sheet if necessary:

Description of Vehicle . ,1\ L \' .... , ~Vehicle Identification Number ~01.3f\\vI 31 L (,00 ICJ .J

Vehicle License Plate Number L.j 0-a ~'1 \p J Make._.:..,0]I7-"-~-fi'ifC~·",-.--,--- _Color~ Type of Body 1(....(l.JU\.. l5[)I:)Gross Vehicle Weight. Lt"l \ !.pO ~.nladenWeight.~._. _Vehicle used for the transportation of--::_~""-:::.:::=::'~""-I;---:-:--=---c----;--=:-::,...- _Has the vehicle been issued an Inspection Certificate by the State of RI? _

Description of Vehicle '.' (). . i· I 1V) 6 0) k&.:I..."")Vehicle Identification Number .J M,)[ I \ '1 I( wVehicle Lic.eenn~ee Pilaate Number----=:I <.0-- d {5 r3 8'" Make:,.-.,;.i'--t,,--::--~_·--'-''-----,--- _Color~ " Type of BOdY_"-:(Z,,,-,~=...(~Y...Jit~C-- _

Gross Vehicle Weight~ Unladen Weight'- _Vehicle used for the transportation of, --,-__---,-----,:--_--:-=..,.,,- _

Has the vehicle been issued an Inspection Certificate by the State of RI? _

Description of Vehicle /"\ 1\ ,I . c: (\ l ' -() - r-uVehicle Identification Number ~jl) -O\rn~\ I ~ - t" CO I jVehicle LiCfm!;A.'tP.II~~~.t,,rNumber Lj (),. \ j i Y \ Make \-t9rJCColor __tv~ . Type of BodyfG?1r:: i~Gross Vehicle Weight (pc" tQU Unladen WeightVehicle used for the transportation of,-::_=--::::---:--:-----:-:---;:o:-c,----;:-=:;;;- _Has the vehicle been issued an Inspection Certificate by the State of RI? _

1

JD d-. 0 ( I(

OCL~1 OP\18 uUL'-il7/liJ L!~'-jU-J:; C:1j ~~'(

fiji' '() ,

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Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report-----

This page is intentionally lett blank.

2

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report

Clean Ocean Access collected 1163 water samples on a weekly basis at seven popular

swimming locations and two known source areas of Enterococci along the Aquidneck Island

shoreline from January 4th 2008 to December 29th 2010 with approved funding and support

from the City of Newport. The objective of the program is to establish a baseline and provide

visibility if the water quality degrades or remains the same or improves as measures are taken

to address the pollution problems facing the Aquidneck Island shoreline.

Results indicate that both sources of Enterococci continue to illustrate "source characteristics";

Easton's Bay locations have the best water quality during non-summer months while Marine

Beach has elevated readings throughout the calendar year. Newport Harbor locations have

some elevated samples at Kings Park Swim Area and of lesser magnitude but similar frequency

at Elm Street Pier and Van Zandt Pier. It should be noted that water quality at Kings Park Swim

Area warrants reopening the beach. Continued monitoring of all locations and determination of

source of Enterococci at Marine Beach are the suggested action plans for 2012 as well as

recognizing Easton's Point, Elm Street Pier, Van Zandt Pier and Marines Beach as designated

swimming areas.

Clean Ocean Access extends appreciation to the City of Newport and Rhode Island Department

of Health for supporting the year-round water testing along the Aquidneck Island shoreline and

Newport Harbor; working towards Permanent Clean Water. It is emphasized that this program

focuses on locations that are known for swimming and ocean activities, although not all are

necessarily recognized as designated swimming areas by the RIDOH/EPA. The commitment and

endorsement of this activity complements existing efforts and further increase the likelihood of

increased funding for year-round water testing at a federal level. It also provides a vital tool for

determining water quality at locations that do not have a long term baseline data.

3

Clean Ocean Access

Table ofContents

2008-2010 Water Quality Monitoring Summary Report

1.0 PROGRAM ACTiViTIES 5

1.1 Mission 5

1.2 Background 6

1.3 Program Staff 8

1.4 Funding 8

1.5 Sampling Methodology 8

1.6 Water Quality History 9

1.7 Water Quality Standards 9

1.8 Water Quality - Laboratory Testing Method 10

1.9 Monitoring Website 10

2.0 SAMPLING LOCATIONS 11

2.1 Easton's Point 11

2.2 Easton's Beach 11

2.3 Ochre Point 12

2.4 Marine Beach 12

2.5 Kings Park Playground Beach 12

2.6 Elm Street Pier 12

2.7 Van Zandt Pier 13

2.8 Moat (Stream Mouth) 13

2.9.1 Esplanade North Outfall 13

2.9.2 Esplanade South Outfall 14

2.9.2 Esplanade South Outfall Base 14

3.02008-2010 Water Quality Monitoring Results 15

3.1 Overall Sampling Results & Samples above acceptable limit - Distributions 15

3.22008-2010: Water Quality Monitoring Summary for Easton's Point 17

3.3 2008-2010: Water Quality Monitoring Summary for Easton's Beach (East) 19

3.4 2008-2010: Water Quality Monitoring Summary for Ochre Point.. 21

3.52008-2010: Water Quality Monitoring Summary for Marine Beach 23

3.62008-2010: Water Quality Monitoring Summary for Kings Park Swim Area 25

3.72008-2010: Water Quality Monitoring Summary for Elm Street Pier 27

3.82008-2010: Water Quality Monitoring Summary for Van Zandt Pier 29

3.9.12009-2010: Water Quality Monitoring Summary-Middletown Esplanade North Outfall 31

3.9.2 2009-2010: Water Quality Monitoring Summary - Newport Moat (Stream mouth) 32

4

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report---------

3.9.32009-2010 Analysis of Sources 33

4.0 FUTURE ACTiViTIES 34

4.1 Newport Harbor and Easton's Bay Sampling 34

4.2 Additional Summer Sampling for Easton's Bay 34

4.3 Expansion of Rhode Island Department of Health Monitoring Program 34

Appendix for 2008-2010 Water Quality Sampling Results: 35

Table 2.0 Legend of Abbreviations and Qualification of Values of 5: 35

Legend of Abbreviations: 35

Qualification of Values of 5: 35

Table 2.1 Precipitation 36

Table 2.2 Bi-monthly Geometric Mean 37

Table 2.3 Sampling Statistics 38

Table 2.4 Single Sample Values for 2008 39



1.0 PROGRAM ACTIVITIES

1.1 Mission

Clean Ocean Access (COA) is a grass roots environmental group and has a primary focus on Public

Access, Coastline Cleanliness and Water Quality of the coastline within the vicinity of Aquidneck Island,

Rhode Island. The goal of the group is to bring public awareness to local issues and provide an

opportunity for people to get involved so that we can all work together to protect, preserve and

maintain the environment of today, for tomorrow and future generations to allow for continued

enjoyment of ocean activities.

The specific goals for the current water quality program are (1) to continue to establish a baseline

foundation of water quality at several locations that are widely used by ocean enthusiasts although not

recognized by RIDOH as designed swimming areas, (2) to provide a baseline for possibly re-opening

Kings Park Swim Area, (3) to expand the program to test the likely sources of Enterococci at Easton's Bay

and (4) to bring public awareness to water quality during "off season" months, a time in which many

5


people use the water for recreation, so as to achieve the long term goal of year-round water testing in

New England and permanent clean water.

1.2 Background

In the fall of 2006 Clean Ocean Access in a partnership with Coastal Vision developed a water testing

program with a primary focus of Easton's Beach and the possible sources of that result in beach closure.

The program was funded by the Rhode Isiand Department of Heaith (RIDOH) and the Environmental

Protection Agency (EPA). The result of the program showed that water quality issues persisted even as

water temperature decreases. COA has a large group of year-round ocean enthusiasts and this finding

initiated a long term goal to work towards year-round water testing with the ultimate vision of

permanent clean water along the Aquidneck island shoreline.

In December of 2006, COA requested funding from the City of Newport to continue the water testing

program into 2007 where COA performs all manpower, logistics, management, data analysis and the

City pays for the iaboratory fees directly to RIDOH. The program results from 2007 showed that water

quality issues at Easton's Beach persists thru the Winter and Spring, some events were strongly

correlated with precipitation events while some events were not directly associated with precipitation

events.

In December of 2007, COA requested funding from the City of Newport to continue and also enhance

the water program into 2008 for weekly year-round testing with a similar cost structure as 2007.

However, in 2008 the program focus expanded to include several locations that are known for

swimming and ocean activities, although not explicitly recognized as sWimming beaches by RIDOH. The

results of the 2008 program indicated that water quality issues occasionally occur throughout the year

and that a direct correlation of precipitation to high readings does not exist in all cases and that

additional and more frequent testing of water quality is required in order to determine the sources and

the best short and long term solutions.

In December of 2008, COA requested funding from the City of Newport to continue the program into

2009 and to include two additional locations that are highly recognized as the main contributors of

Enterococci to Easton's Bay. The findings from the 2009 program indicated that both sources continued

6


to be large contributors of Enterococci to Easton's Bay and the program also helped to provide further

data supporting the opening of Kings Park Swim Area and renewed confirmation of consistently poor

and elevated water quality readings at Marines Beach.

The similar program continued thru 2010 and results showed that water quality at Kings Park Swim Area

warrants consideration of re-opening the swimming location, water quality at Marines Beach is poor and

an action plan must be developed to find the source of the Enterococci. The results from 2010 continue

to illustrate that a direct correlation of precipitation to high readings does not exist in all cases and that

additional and more frequent testing of water quality is required in order to determine the sources and

the best short and long term solutions.

The 2011 program continues similar to the 2010 program.

7

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report~~--~~~~~--~~~~~~_.

1.3 Program Staff

All Clean Ocean Access programs and events are planned and executed with volunteers from the

community. The Water Quality Monitoring Program has a director that provides weekly planning and

program oversight for strategic decision making and interaction with local, state and federal officials.

The operations manager provide weekly operations and logistics management of the entire program

making sure the equipment, supplies, chain of custody, survey sheets are completed in compliance with

necessary protocol established with RIDOH/EPA in 2006. A team of 2S volunteers provide weekly water

sampling, survey and logistical tasks that perform the water sampling at nine locations along with

volunteer courier service to the Rhode Island Department of Health in Providence. A fleet of volunteers

exist on-call to provide backup support or surgical strike water testing when required.

1.4 Funding

The City of Newport City Council approved funding to support the Clean Ocean Access Water Quality

Monitoring Program. Without the support of the City, this program would not be possible. Rhode Island

Department of Health bills the City of Newport on a quarterly basis. The current cost for the program is

$25 per sample, with 9 samples taken 52 times per year for a total of $11,700.

1.5 Sampling Methodology

The 2009, 2010 and 2011 Clean Ocean Access Water Quality monitoring program adopted a new

methodology for the date of each weekly test, different from the 2008 method. In 2008, each Saturday

a prediction was made as to when it would rain and the test was scheduled for the following day. This

resulted in several tests occurring immediately after and/or during an event, however there were other

times that the weather changed and the event did not occur, and/or the event occurred during a

weekend which is not available for non-seasonal laboratory processing. In 2009 a fixed date (Thursday)

was selected for the sampling. This approach was chosen to minimize the impact to volunteer personal

schedules, especially amidst the consumer-led recession the flexibility of employment schedules was not

seen as much of an option as compared to 2008.

8

Clean Ocean Access

1.6 Water Quality History


The federal Beaches Environmental Assessment and Coastal Health (BEACH) Act requires that water is

tested for Enterococci. Extensive EPA studies have shown that Enterococci are the most efficient

bacterial indicator of water quality. Enterococcus is a part of the composition of Fecal Coliform which is

a special kind of bacteria that is found primarily in the intestinal tracts of warm blooded animals. These

bacteria are released into environment via human and animal feces and if ingested while swimming or

absorption via the skin they may cause human disease, infection or rashes.

1.7 Water Quality Standards

Rhode Island bathing water standards are monitored by the Rhode Island Department of Health based

on water quality standards set by Rhode Island Department of Environmental Management and the

United States Environmental Protection Agency. Saltwater bathing waters must not exceed a single

sample standard of 104 Enterococci (colony forming units) per 100 milliliters (mL); this is commonly

referred to as a single sample maximum (SSM) or action standard.

Analysis of water quality over a long time period is better understood using a common technique used

in scientific analysis of large datasets that change in a relative fashion via the use of a geometric mean.

The geometric mean is generally more relevant because it is usually a more reliable measure of long

term water quality, being less subject to random variation. EPA studies derived the SSM as a percentile

indicator of a distribution of concentrations around the 3D-day geometric mean. The SSM values in the

1986 EPA Ambient Water Quality Criteria for Bacteria were not developed as acute criteria; rather, they

were developed as statistical constructs to allow decision makers to make informed decisions to open or

close beaches based on small data sets. For beach locations, the Rhode Island standard for results of the

Enterococci test is to compute the geometric mean for at least five samples. The action standard is 35

CFU per 100ml for a geometric mean.

9


1.8 Water Quality - Laboratory Testing Method

The current test used by the Rhode Island Department of Health for saltwater bathing water is the IDEXX

Enterolert™ method. The technician places a small amount of sampled water into a dish with a reacting

agent (Defined Substrate Technology nutrient indicator). The mixture is poured into a tray and sealed

and allowed to incubate for 24 hours. During the incubation period the nutrient indicator fluoresces

when metabolized by Enterococci. After the incubation period the technician counts the fluorescent

cells and refers to the most probable number (MPN) table to determine the reading with a range of

values from less than 10 to a maximum value of 24192 CFU/100ML.

1.9 Monitoring Website

The Clean Ocean Access Water Quality Program is publicly accessible via the worldwide internet at the

following address: http:/Lmembers.cox.net/coa. water/COA WATER.htm and contains the water testing

procedure and guidelines, contact information, schedule of testing and actual water testing results.

Clean Ocean Access maintains the schedule of testing while the Rhode Island Department of Health

directly updates the actual water testing results.

Ciean Ocean Access testing methodology including sampling method, chain of custody and adherence to

schedule requirements with partnership from Rhode Island Department of Health and support from

local EPA has resulted in the COA data set being included in the RIDOH data set and can be accessed at

the worldwide internet at !illJbILwww.ribeaches.org/ and it can also be found within the USEPA Beach

Advisory and Closing On-Line Notification (BEACON) program at the following worldwide internet

location at: bttJ2:/1L~!JI2,"Jli!.,gQ\,'/waterslO/beacon .'l?tioo.?LI2i'!fLe.mai!l

10

Clean Ocean Access

2.0 SAMPLING LOCAnONS


-------_._---

2.1 Easton's Point

This location is a popular area for ocean activities including kayaking, spear-fishing and Paipo boarding.

The purpose of testing this location is to bring public awareness to the quality of the water. This location

is a southeast facing wave swept rocky exposure in Open Ocean at the southern tip of Easton's Point at

recently adopted CRMC Public Right of Way (V-1) and continues the establishment of baseline data for

the water quality of Easton's Point.

2.2 Easton's Beach

This location is a main attraction for the City of Newport. The exact testing location is halfway between

the Rotunda and the Stream mouth on a south facing beach in an embayment facing the open ocean.

The purpose of testing this location is to continue the dataset of water quality to identify any potential

health problems that may still exist at the area beaches.

11

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report~-~-~~-~--------

2.3 Ochre Point

This location is a popular area for ocean activities including fishing and boogie boarding and is a Clean

Ocean Access CRMC adopted public right of way (2-4). The purpose of testing this location is to provide

public awareness to the quality of the water. This location is a wave swept exposure on the western

point of Easton's Bay facing the open ocean and helps to provide baseline data for the water quality of

Easton's Bay. Samples were collected at the base of the seawall at the end of Ruggles Avenue.

2.4 Marine Beach

This location is a popular swimming spot for Citizens of the City of Newport. The city has invested time

and effort to establish the Public Right of Way to the shoreline. The purpose of testing this location is to

provide public awareness to the quality of the water. The location is a southeast facing shallow rocky

beach open to the ocean. It is on the western side of Ochre Point separated by a rock ledge from the

other sampiing location.

2.5 Kings Park Playground Beach

This location is a popular swimming spot for previous generations of the City of Newport. Unfortunately

this beach is no longer open to the public; however the ~I{I!'''' ~ee(l¥l Aec.e.ss dataset appears to

suggest that conditions might warrant re-opening the beach. The purpose of testing at this location is to

prOVide insight into the current water quality and allow the officials to determine the status of the beach

with the hope of re-opening this site in the near future. The beach is a northward facing rocky beach in

a protected recreational and commercial harbor.

2.6 Elm Street Pier

This location is a popuiar swimming spot for a wide range of citizens of the state of Rhode lsiand

including a large percentage of the children of the City of Newport. The pier is located at the southern

end of a bulkheaded shore in a protected harbor adjacent to Storer Park and the causeway to Goat

Island. The purpose of testing this location is to help establish Elm Street Pier as a designated swimming

area and prOVide public awareness to the quality of the water.

12

Clean Ocean Access

2.7 Van Zandt Pier


This location is a popular swimming spot for a wide range of citizens of the state of Rhode Island

including a large percentage of the children of the City of Newport. The pier is located at the northern

edge of a bulkheaded shore in a protected harbor just south of the eastern terminus of the Pell Bridge.

In 2007, Clean Ocean Access met with the 6th grade class at Thompson Middle School and recorded that

well over half of the students at the assembly had swum at Van Zandt Pier during the summer of 2006.

The purpose of testing this location is to help establish Van Zandt Pier as a designated swimming area

and provide public awareness to the quality of the water.

2.8 Moat (Stream Mouth)

This location is one of the likely primary sources of Enterococci affecting Easton's Beach. The moat

collects runoff from a large area of the City of Newport (as the western source) and also runoff from

Middletown industry surrounding Easton's Pond (as the eastern source). The City of Newport is activeiy

ramping up production activities for the UV plant to treat the water prior to flowing into the Ocean so as

to kill the Enterococci. The purpose of testing this location at the stream mouth of the moat is to

determine the persistence of Enterococci from this likely source to aide in decision making of how to

solve water pollution problems at Easton's Bay.

2.9.1 Esplanade North Outfall

This location is one of the likely primary sources of Enterococci affecting Easton's Beach. The outfall

contains storm water runoff that is discharged on the far eastern rocky coastline of Easton's Bay

adjacent to the Atlantic Beach Club Beach via a 36" diameter steel pipe. The Town of Middietown is

actively pursuing upstream solutions to reduce the Enterococci flowing into the Ocean and an offshore

pipe to relocate and diffuse the storm water runoff. The purpose of testing this location is to determine

the persistence of Enterococci from this Iikeiy source to aide in decision making of how to solve water

pollution problems at Easton's Bay.

13

Clean Ocean Access

2.9.2 Esplanade South Outfall


This location is one of the likely primary sources of Enterococci affecting Easton's Beach. The outfall

contains storm water runoff 300 meters south of the Esplanade North Outfall that is discharged on the

far eastern rocky coastline of Easton's Bay adjacent to the Atlantic Beach Club Beach via a series of

unorganized stream rivulets that only form a consolidated flow during high precipitation events. The

Town of Middletown is actively pursuing upstream solutions to reduce the Enterococci flowing into the

Ocean and an offshore pipe to relocate and diffuse the storm water runoff. The purpose of testing this

. location is to determine if Enterococci from this likely source are persistent so as to aide in decision

making of how to solve water pollution problems at Easton's Bay.

2.9.2 Esplanade South Outfall Base

This South outfall base location is one of the likely high impact areas of Enterococci similar to Easton's

Beach. The nearby outfall contains storm water runoff that is discharged on the far eastern rocky

coastline of Easton's Bay adjacent to the Atlantic Beach Club Beach via a series of unorganized stream

rivulets that only form a consolidated flow during high precipitation events. The Town of Middletown is

actively pursuing upstream solutions to reduce the Enterococci flowing into the Ocean and an offshore

pipe to relocate and diffuse the storm water runoff. The purpose of testing this location is to determine

the persistence of Enterococci from this likely high impact area to aide in decision making of how to

solve water pollution problems at Easton's Bay.

14

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report--~~'-'---~'------------'--~'-----'-----

3.02008-2010 Water Quality Monitoring Results

3.1 Overall Sampling Results & Samples above acceptable limit - Distributions

During the time frame from January 4th 2008 to December 29th 2010 there were 1163 water samples

collected at nine locations. This provides valuable additional data towards understanding the water

quality issues that face the community of Aquidneck Island. As shown in figure 1.0 there were

occurrences of unacceptable water quality (greater than or equal to 104 CFU/l00ML) during the time

period at all seven swimming locations, however the ocean locations tend to experience a greater

amount of unacceptable limits.

2008 : Total Samples above SingleSample Maximum (104CFU/l00ML)

2009: Total Samples above SingleSample Maximum (104CFU/l00ML)

• Easton's Point

• Easton's Beach

If Ochre Point

• Marine Beach

f:II Kings Park

9 Elm Street Pier

txI Van Zandt Pier

• Easton's Point

• Easlon's Beach

lllI Ochre Point

• Marine Beach

liIIKinllsPark

II Elm Street Pier

I\!l Van land! Pier

2010 : Total Samples above SingleSample Maximum (104CFU/l00ML)

2008-2010: Total Samples aboveSingle Sample Maximum

(104CFU/l00ML)\I Easton's Point

• Easton's Beach

fII Ochre Point

• Marine Beach

If Kings Park

• Elm Street Pier

Bf Van Zand! Pier

• Easton's Point

• Easton's Beach

II Ochre Point

• Marine Beach

ill Kings Park

M Elm Street Pier

t'll van Zandt Pier

Figure 1.0 Total Samples above Single Sample Maximum for SWimming locations.

The data set represents a combination of dry-weather and wet-weather patterns and due to the

compiex set of sources not limited to potential SSO events, CSO events, animal waste, illicit connections,

seasonal boaters and human activity, and other complex situations such as multi-source time-lagged

behavior as seen within Easton's Bay, it is difficult to quantitatively determine the source of Enterococci

at these swimming locations.

15

clean Ocean Access 2008·2010 Water Quality Monitoring Summary Report----~~--~~~~~--~~~~~~--~~~~~~--~--~~~~~.

The sampling occurred on a weekly basis; whereas in 2008 it occurred on a variable date (Monday thru

Friday) with partial coordination with precipitation events and in 2009 and 2010 it occurred on a fixed

date (Thursday). Although each year had significantiy different month to month precipitation patterns

the annual precipitation and overall water quality results show that elevated levels of Enterococci

usually are correlated with precipitation events but also occur well after precipitation events as shown

in Figure 1.1.,----------------,,....--------_.--------,

2008·2010 Monthly Precipitation2.008·2010: B1·monlhlv Geometric Mean for all swlmmlnglocatrons

,,,,---------------

• Yea' -2008 • Yea' -2009 § Year -2010"'j----- +~--_.~~-

'''j---------4------

//J~;~/I/II..I..I/1////1~II~~/.II~.I·II~~I

! .. l--------14----------1-----I ._".j----++---4t-----+~.-Wfm>n\e..h

II ,~~

IMIMlS.,,'I '"j----~+---tt------d-- '~M.l&!lIr..lPiol

-~th,- .V>l/.WIP\<I

so ,--------------40 t-~---~.---.----

10 t----I-----:--------0.-._.,-..,-.,-................, _

ii,iJfil.~»\~.~ ~

\ "

~ 30 i---------.------1ic 20 t--------------

Figure 1.1 Monthly and Annual Precipitation for 2008 to 2010.

The details of each location are explained in future sections.

16


3.22008-2010: Water Quality Monitoring Summary for Easton's Point


taken at Easton's Point and 17 ofthem were above the acceptable iimit, all of which occurred during the

general timeframe from late June thru early October with some year to year variation, however the

most persistent timeframe of elevated readings occurred in the July and August as shown in figure 3.0:

2008 - 2010 : Easton's Point Weekly Enterococci Water Sample Results

108166867

2552755

1145

:r 727

" 6132: 529M

441 422 385

~ 285216 238

'S13 4

~ 108

~104

~.s'

Figure 3.0 Weekly Enterococci Results for Easton's Point.

The probable sources of Enterococci at this location are from the combined sources of the Newport

Moat and Middletown Esplanade which are the primary sources that impact Easton's Bay as well as a

possible sources from boat traffic, illicit connections or wild animals. It should be noted that these

samples were taken between 6AM and 8AM and no humans or animals were seen in the immediate

water during the sampling period. The consistent elevated readings during July and August warrant

continued testing, identification of the source and permanent action to fix the problem.

17





term water quality and less subject to random variation. For beach locations, the Rhode Island standard

for results of the Enterococci test is to compute the geometric mean for at least five sampies. The action

standard is 35 CFU per 100ml for a geometric mean. The c;l_" ell:@"" Acc.ess weekly sampling

did not result in 5 samples per month so the geometric mean is applied in a bi-monthly manner as

shown in figure 3.1:

2008 - 2010 : Easton's Point Bi-monthly Geometric MeanEnterococci Water Sample Results

253

35~-----

61

4636

- ----_._--

Figure 3.1 Oi-monthly Geometric Mean Enterococci Results for Easton's Point.

The resuits ciearly show that during the July and August timeframe that water quality is not acceptable

for swimming. Overall the water quality on an annual basis over a 3 year timeframe shows that generally

the water quality is acceptable for most of the year, however each summer season unacceptable water

quality exists. Any measures taken to resolve water quality issues at Easton's Beach shouid be done in

such a manner that it does not adversely impact the water quality at Easton's Point.

18"


3.32008-2010: Water Quality Monitoring Summary for Easton's Beach (East)

During the time frame from January 4th 2008 to December 29th 2010 there were 14S water samples

taken at Easton's Beach (East) and 24 of them were above the acceptable limit, most of which occurred

during the summer months however elevated readings did occur as early as March and as late as

December which is indication of close proximity to a source of Enterococci as shown in figure 4.0:

2008 - 2010 : Easton's Beach (East) Weekly Enterococci Water Sample Results

10816

1616

104 f--+-+--I-+-+H--......,f---.--------f-I1+-+.-+1--·HI--------I-H---tJ--1

185

11

07

428

657754

620

41t337

216 213

1~6

105

251252

703

Figure 4.0 Weekly Enterococci Results for Easton's Beach (East).

Ciean Ocean Access weekly water testing at Easton's Beach is just one of the data sets that help to

document the water quality at Easton's Beach. This data set aiong with the Rhode Island Department of

Health summer monitoring program and water quality monitoring by Easton's Beach management

provides a comprehensive data set that will assist decision makers in determining the best solution(s)

for achieving permanent year-round clean water at Easton's Beach.

19

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report.~-----------





for results of the Enterococci test is to compute the geometric mean for at least five samples. The action

standard is 3S CFU per 100ml for a geometric mean. The '-'lMIl'I ~ee«w Acc.ass weekly sampling

did not result in S samples per month so the geometric mean is applied in a bi-monthly manner as


2008 - 2010 : Easton's Beach (East) Bi-monthly Geometric MeanEnterococci Water Sample Results

7968 69

105

56

35i-- --\

44

- - --------'

:i

"Q~~

Ii".g~

35~&'~

j]~

'--_._,------_.--,----------,------_.._.._,--Figure 4.1 Ol-monthly Geometric Mean Enterococci Results for Easton's Beach (East).

The Newport UN Facility will likely has a positive impact on water quality at Easton's Beach during

some precipitation events however issues related to turbidity and UV penetration have a limited dataset

and may cause some challenges. The overall implementation will likely take several precipitations events

to calibrate the timing and intensity of the UV system to prove effective. It will be very important to

include sampling results from the Esplanade in order to determine (1) if the UV system actually reduces

the Enterococci coming from the Moat and (2) If that improvement allows for the beach to remain open.

20


3.42008-2010: Water Quality Monitoring Summary for Ochre Point


taken at Ochre Point and 13 of them were above the acceptable limit, most of which occurred during

the summer months as shown in figure 5.0:

2008· 2010 : Ochre Point Weekly Enterococci Water Sample Results,..-------------------------------,

10816 ~------..,,77"'Orl---,.77"'01.-----------

~

"00",~.§

I 10•

•il~

!

106

703

350

06

419 36427

160

Figure 5.0 Weekly Enterococci Results for Ochre Point.

As shown in previous section for Easton's Point and subsequent section for Marine Beach, the water

quality results at Ochre Point is not always correlated (pattern or persistence); this further illustrates the

complex dynamics within Easton's Bay in terms of sources of Enterococci and overall circulation and

dispersion of Enterococci. The possible causes may be illegal or abandoned sewage pipes or failed drain

fields or return flow from overall storage mechanisms.

21







standard is 35 CFU per 100ml for a geometric mean. The ~I@(llt ~..,e(ll'l Access weekly sampling

did not result in 5 samples per month so the geometric mean is applied ,in a bi-monthly manner as


2008 - 2010 : Ochre Point BI-monthly Geometric Mean Enterococci Water Sample Results.

245

210 - --

~ 17500~-"~• 140••".~E0

105<11'88e•~ 70w

423. 35

35 ,-

Jll0- IIiii iii II LLlII 1M .... II I Mil .l, , , ,

~ ~ s ~ 0 ~ ~ ~ ~ ~0 (} ~(; 9J1 9.~ ~~ ~0 6- !<,v

# ~ ~ ~ ~ ~ # ~ ~ ~~ ~\o ,:.,.~ .# ~'?' -\\') .;)"v\"?' ,,4J,0 o~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,"((; ~o .,,, .$' ~"?'

t;;)''''' f;;j' ~<§>~ , <p' <p ~ <p' !f> ' .' !f> t;;)t;;)Oj R)o,' f::J~ ~t;;)' ~<;;}' <;;}~ t;;)"> ~t;;)'); t;;)&' '\:l ,,"S '),t;;)'\:l G '),G t;;)t;;)OJ t;;)f:S ",'5

'\,i'V '); 'V 'V 'V rvG '); ,.t;;) '\It;;) 'V '" .,,0-""""'........-............ -

Figure 5.1 Bi-monthlV Geometric Mean Enterococci Results for Ochre Point.

Overall the water quality on an annual basis over a 3 year timeframe shows that generally the water

quality is acceptable for most of the year, however a few times a year elevated (highly elevated)

readings continue to occur. Any measures taken to resolve water quality issues at Easton's Beach

should be done in such a manner that it does not adversely impact the water quality at Ochre Point.

Continued testing at Ochre Point should occur given the high frequency of usage by wave riders.

22

Clean Ocean Access 2008·2010 Water Quality Monitoring Summary Report-----

3.5 2008·2010: Water Quality Monitoring Summary for Marine Beach


taken at Marine Beach and 36 of them were above the acceptable limit, which occurred throughout the

entire year as shown in figure 6.0:

2008·2010 : Marines Beach Weekly Enterococci Water Sample Results24192

r------------------------..,....-·-----,j[7'~m~9-19·6J

10816 -l------------------------+---------f5172

3448

2282

4.9

327

95

39

386

22

•

1153

336 ,>,Sf' 324 J1

,.7

50413

13 336

9 •

.5

2

663

443

1 307

173 183

1

~~~~~~~~-~~~~*~~~~~~~-~~~~~~~~~~~~~~~~~~~~#~~¢#~~#~~~~~~~~#~#~~~~~##~~#~#~

~00M~:>~

"'-·s8~ 104.li

]!

Figure 6.0 Weekly Enterococci Results for Marine Beach.

The city and local environmental groups (Friends of the Water Front and Clean Ocean Access) have

invested time and effort to establish, protect and preserve the Public Right of Way to the shoreline at

Marine Beach, unfortunately water quality is consistently unacceptable. It is suggested that effort is put

towards identifying the source of Enterococci at Marine Beach. It could be from stormwater containing

feces of wild animals or it may be from an old sewage pipe or drain field from earlier centuries, or return

flow from overall storage mechanisms.

23






for results ofthe Enterococci test is to compute the geometric mean for at least five samples. The action

standard is 35 CFU per 100ml for a geometric mean. The c;'eg" Cgeeg" Access weekly sampling



......--------_._---------------------,2008 ~ 2010 : Marines Beach BI-monthly Geometric Mean Enterococci Water Sample Results

'45 -1=====:-"::===============================1

210 +---------~-~---------~------.---------_1

191

~ 175 -1-------o:'\;;-~I 140 -1--------.~..Ii& lOS -1-------'S

~~ 70 -1-------

179

-1- 78

__

145 148

_'9__-1

3535 t--- ----- -

4439

I-- 1--"35-=------- ,-- -

1..-. .........

Figure 6.1 Hi-monthly Geometric Mean Enterococci Results for Marines Beach.

The water quality at Marines Beach has a high occurrence of unacceptable conditions and a pian should

be put in place to determine the source of Enterococci followed by an action plan to permanently solve

the problem. Marine Beach should be recognized by RIDOH as a designated swimming area and receive

funding from EPA for the Rhode Island Water Testing Program via the EPA BEACH grant.

24

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report------------------

3.62008-2010: Water Quality Monitoring Summary for Kings Park Swim Area


taken at Kings Park Swim Area and 18 of them were above the acceptable limit as shown in figure 7.0:

2008 - 2010 : Kings Park Swim Area Weekly Enterococci Water Sample Results

1119910816 +-------------------,------------------1

6867 6867

32823873

59754

160

104 +---1----

173 160 48

253

110

259

Figure 7.0 Weekly Enterococci Results for Kings Park Swim Area.

The water quality at Kings Park Swim Area is clean most of the time and with a protocol similar that is

reflective of being within close proximity of possibie non-point sources it stands to reason that this

location should be re-opened as a swimming location for the community, it is suggested to also consider

DNA testing to determine if the occasional elevated readings are from human or animal sources.

25

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report-----_._---------- ---~






standard is 35 CFU per 100ml for a geometric mean. The «;1_" ell:l!.un Access weekly sampling



2008 - 2010 : Kings Park Swim Area BI-monthlv Geometric Mean Enterococci Water Sample Results

245 -1===================================1

210 t------------------.

~ 175 t---

~~

J 140

.~1;;

~~ 105 t-------------------------------------."8

i 2~ 70 ~_------------68

7----------------1

57

44

35 t------------

Figure 7.1 Bi-monthly Geometric Mean Enterococci Results for Kings Park Swim Area.

57

As shown there are time periods where water quality is not acceptable however most of these

occurrences have a correlation to CSO events at Wellington Avenue and/or suspect related to high

volume recreational or commercial vessel traffic in Newport Harbor. Continued testing of the Newport

Harbor along with Kings Park Swim Area should occur as part of the multi-year CSO program.

26

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report----

3.72008-2010: Water Quality Monitoring Summary for Elm Street Pier


taken at Elm Street Pier and 9 of them were above the acceptable limit, most of which occurred during

times of high seasonal harbor usage and/or within the recent timeframe of large precipitation events,

however a few readings were not associated with either event as shown in figure 8.0:

2008 - 2010 : Elm Street Pier Weekly Enterococci Water Sample Results

..-------------------------------,10816 -\-------------------------------------1

538

104 --,--- ff-------l-------r-..--jf----}------t----

171 168

107131 134 135

305

161

Figure 8.0 Weekly Enterococci Results for Elm Street Pier.

The water quality at Elm Street Pier is very clean and within the acceptable values for swimming

locations almost all of the time, we remain cautiously optimistic given that harbor circulation dynamics

are complex and a single sample per week doesn't provide a complete understanding of the total water

quality. It is suggested that Elm Street Pier be recognized by RIDOH as a designated swimming area and

receive funding from EPA for the Rhode Island Water Testing Program via the EPA BEACH grant.

27




The geometric mean is generally more relevant because it is usually a rnore reliable measure of long

term water quality and less subject to random variation. For beach locations, the Rhode Isiand standard


standard is 35 CFU per 100ml for a geometric mean. The C;I01:11t ~ll:@'6:l1'1 Ac&0SS weekly sampling

did not result in 5 sampies per month so the geometric mean is applied in a bi-monthly manner as


2008 - 2010 : Elm Street Pier Ol-monthly Geometric Mean Enterococci Water Sample Results

245 +::====================================1210 +------------------------------------_�

;I 175 +---------------------------------------1cc~~

];I.J140 -j---------------------------------------I

~J 105 +------.-----------------------.-----------1.~

j- '0 -j-------------------------~-.-----------_I

3S :--.--.-----~---------------------------_I

o ~ JULhu Ju..LJ..-IJA

Figure 8.1 BI-monthly Geometric Mean Enterococci Results for Elm Street Pier.

As shown the geometric mean results for Elm Street Pier further support the general findings that the

water quality is acceptable for recreational swimming. Elm Street Pier should be recognized as a

designed swimming area resulting in mandatory testing based on increased federal funding from the

EPA BEACH grant. Given that CSO events will likely continue for a period of time, continued testing by

local groups and the City of Newport is encouraged to monitor the water quality of the Harbor.

28


3.82008-2010: Water Quality Monitoring Summary for Van Zandt Pier


taken at Van Zandt Pier and 12 of them were above the acceptable limit, most of which occurred during

times of high seasonal harbor usage and/or within the recent timeframe of large precipitation events,

however a few readings were not associated with either event as shown in figure 9.0:

2008 - 2010 : Van Zandt Pier Weekly Enterococci Water Sample Results

1119910816 t--------,-----------

---H-----1------H---I-fI-t--f-+-----------r----1

?QQ

"""~><'SBe~ 104

~..S!!

77

269 305

17

2886

18513 48

780

110

Figure 9.0 Weekly Enterococci Results for Van Zandt Pier.

The water quality at Van Zandt Pier is within the acceptable values for swimming locations most of the

time. Harbor circulation dynamics are complex and a single sample per week doesn't provide a

complete understanding of the total water quality. Although over a long period of time the sampling

results are quite similar to Elm Street Pier, the individual results and occurrences are quite different

which is of significant given the close proximity of the locations.

29







standard is 35 CFU per 100mi for a geometric mean. The «:1_0 <f!)@:l!¢ID A_ess weekly sampling



2008 - 2010 : Van Zandt Pier BI-monthlyGeometrlc Mean Enterococci Water Sample Results

245--'

210 +-----------------------------------------)

~ 175 +-----------------------------_--------1

iIi 140 +------------------------------------------1:!!~J lOS +--------------------------------------------1-0

~~ 70 +----------------------<;4-11.----------------

43

35;-------

Figure 9.1 BI-monthly Geometric Mean Enterococci Results for Van Zandt Pier.

It is suggested that Van Zandt Pier should be recognized by RIDOH as a designated swimming area and

receive funding from EPA for the Rhode Island Water Testing Program via the EPA BEACH grant and

further action is taken to determine the source(s) of Enterococci and measures taken to eliminate the

source(s).

30


3.9.1 2009-2010: Water Quality Monitoring Summary-Middletown Esplanade North Outfall

During the time frame from January lS'h 2009 to December 29'h 2010 there were 81 water samples

taken at Middletown Esplanade North Outfall and 51 were above the acceptable limit as shown in figure

10.0 which indicates that this remains as a source of Enterococci for Easton's Bay:

2009 - 2010 : Esplanade-North Enterococci Water Sample Results

10000

::;::;8....

"u.!,!.

"S0ue~ 100~

c

"'~

;;;u

'"".9

-

Figure 10.0 Weekly Enterococci Results for Esplanade North.

It should be noted that flow at the Esplanade varies from a trickle to class IV rapids during extreme

precipitation events. Although it remains highly Iikeiy, caution should be used when correlating Easton's

Bay Enterococci levels to specific sources and convective & diffusive techniques should be employed.

Continued tested and higher frequency testing specifically in conjunction with the production operation

of the Newport UV plant is encouraged so as to provide input to decision makers for a complete

understanding and eventual permanent strategy of eliminating this source of pollution of Easton's Bay.

31


3.9.2 2009-2010: Water Quality Monitoring Summary - Newport Moat (Stream mouth)

During the time frame from January lS'h 2009 to December 29'h 2010 there were 96 water samples

taken at Newport Moat (Stream mouth) and 54 of them were above the acceptable limit as shown in

figure 11.0 indicating that the various sources that influence the Newport Moat continue to categorize

the Newport Moat as a source of Enterococci for Easton's Bay:

2009 - 2010 : Moat (stream mouth) Enterococci Water Sample Results

10000 -I------~----------------------I_-----~_1

Figure 11.0 Weekly Enterococci Results for Stream Mouth (Moat).

The water itself is a mixture of potential sources including Newport Moat, the Wave Avenue Pumping

Station SSO flap, DOT Runoff and possibly ocean influences from periods of high tide, as well as

Middletown runoff from the watershed on the eastern flank of Big Pond. Continued testing with

comprehensive testing of the influent and effluent from the production UV plant should occur to

provide input to decision makers for a permanent strategy of eliminating this source of pollution of

Easton's Bay.

32

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report--~~------------

3.9.3 2009-2010 Analysis of Sources



As shown in figure 12.0 both source locations have elevated Enterococci levels however time-based

fluctuations do occur namely that in 2009 the Esplanade had higher occurrences of elevated reading

while in 2010 the Moat had higher occurrences of elevated readings.

2009 - 2010 : Moat and Esplanade Geometric Mean Enterococci WaterSample Results

II Esplanade North I1Moat

1600,------------------------------------,

1400

11200

~ 1000

Iu'C 800

)19 600

.~

~ 400w

200

o,,0 0";- L ~ .. ~ ,,0 0";- '§J<v

L"f'''' ~'" ~.;J ~'"0"" <JJ' 0" ~ "." ;> .;:;,v.'?- <JJ' 0"'" .y jil .' ~ ~ .' :; :ii'•• o' o' ~o

~o ~o ~o ~o ~o00 ,,0 ,,0 ,,0 ,,0" ,,0 ,,0 ,,0 ,,0

Figure 12.0 Bi-monthly Geometric Mean Enterococci Results for Esplanade north and Mouth of the Moat.

Each source is complex in terms of actual source and actual volume however these sources are the likely

and main source of Enterococci influencing Easton's Bay. The City of Newport has built a UV plant to

treat discharge from the Moat and this is now in production operation for the summer of 2011. The

Town of Middletown is working on various upstream initiatives to reduce the inflow of potential sources

to the Esplanade storm runoff and also seeking permit for a short-pipe with diffuser to move the storm

water further offshore. The combined effects from both initiatives should reduce the Enterococci levels.

33

Clean Ocean Access

4.0 FUTURE ACTIVITIES


4.1 Newport Harbor and Easton's Bay Sampling

The Clean Ocean Access 2011 Water Quality Monitoring Program continues with weekly samples at nine

iocations. The results from 2008, 2009 and 2010 show that several locations warrant action for

determining the source of Enterococci and measures taken to make sure permanent clean water is

achieved so that future generations can continue to enjoy ocean activities. ~fli!(l11 ~<l:<l!.\I;U' Access

will submit a request for continued funding for a 2012 program in the fall of 2011.

4.2 Additional Summer Sampling for Easton's Bay

Additional samplings in partnership with RIDOH using supplemental funding from RIDOH BEACH

program may occur to aide in better understanding the water quality and to aide in determining the

best closure protocols for Easton's Beach and also prOVide a more complete database that can be used

for predictive modeling.

4.3 Expansion of Rhode Island Department of Health Monitoring Program

Clean Ocean Access has begun working with RIDOH and their efforts with EPA on ways the Beach

Program can expand public health and be more valuable to the surfing community. Initial ideas are to

implement an official advisory plan for the state of Rhode Island. The focus would be on notifying the

public during sewage discharges, hurricanes etc. Areas of focus will include non-licensed facilities

including some of the locations currently tested in the 2008, 2009 and 2010 program.

34

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report----

Appendix for 2008-2010 Water Quality Sampling Results:

Table 2.0 Legend ofAbbreviations and Qualification ofValues of 5:

EP = Easton's PointEN = Esplanade NorthEB = Easton's Beach (East)M =Moat (Stream Mouth)OP =Ochre PointMB = Marines BeachKP =Kings Park Swim AreaES =Elm StreetPierVZ =Van Zandt Pier

Enterococci results of less than 10 were reported numerous times which is indicative of very low levelsof Enterococci in the water sample. To support the data analysis of the data these values were set to aconstant value of 5. It should be noted at the actual sample result was equal to "less than 10".

35

Clean Ocean Access

Table 2.1 Precipitation


IVlunU t YC:ll' « 20011 Yom· ZOO\) Ypar 2010

January 1.608 2.749 2.590

February 4.714 1.013 3.780

March 4.613 1.648 12.890

April 2.732 4.906 1.850

May 2.572 2.330 2.120

June 2.174 2.470 4.270

July 3.506 8.090 2.870

August 2.502 3.340 1.780

September 6.623 3.670 3.926

October 1.853 6.130 2.540

November 3.801 2.920 3.610

December 5.397 4.340 0.450

Total 42.095 43.606 42.676

36

Clean Ocean Access~~~-

2008-2010 Water Quality Monitoring Summary Report----

Table 2.2 Bi-monthly Geometric Mean

Period EP EB OP MB KP ES VZ2008 - JAN/FEB 9 12 6 8 9 8 82008 - MAR/APR 11 26 10 35 17 13 102008 - MAY/JUN 16 22 10 18 12 12 102008 - JUUAUG 61 68 36 191 30 31 432008 - SEP/OCT 26 69 42 179 27 13 112008 - NOv/DEC 15 21 16 78 44 18 142009 - JAN/FEB 12 14 18 39 68 26 172009 . MAR/APR 10 17 10 21 14 12 102009 - MAY/JUN 13 18 10 44 15 18 112009 - JUUAUG 253 79 24 145 57 24 242009 - SEP/OCT 36 44 35 31 72 16 642009 - NOV/DEC 17 56 24 28 12 24 332010 - JAN/FEB 7 13 7 8 9 13 82010 - MAR/APR 5 11 5 8 9 15 92010 - MAY/JUN 20 25 9 35 10 11 82010 - JUUAUG 46 105 12 148 16 14 112010 - SEP/OCT 20 35 5 69 57 15 92010 - NOV/DEC 8 11 20 20 21 9 7

37

Clean Ocean Access

Table 2.3 Sampling Statistics

2008-2010 Water Quality Monitoring Summary Report---

2008,_ ..•. -~_...~-. ...

2009•••_, '__~"C,·,o".• _._,

20103 Years 147

38


Table 2.4 Single Sample Values for 2008

i DateI

EP I EN EB M OP MB I KP ES VZ4-Jan-08 5 50 5 5 5 5 510-Jan-08 5 51 5 5 5 5 515-Jan-08 5 5 5 5 31 5 523-Jan-08 5 5 5 5 5 5 530-Jan-08 5 5 5 5 5 5 316-Feb-08 52 5 5 5 5 5 513-Feb-08 10 20 10 72 10 10 1018-Feb-08 10 10 10 20 10 10 1027-Feb-08 20 20 10 10 63 63 206-Mar-08 10 10 10 10 10 98 1010-Mar-08 10 10 10 52 20 10 1020-Mar-08 20 703 10 173 160 10 1027-Mar-08 10 10 10 10 10 10 102-Apr-08 10 10 10 30 10 10 107-Apr-08 10 10 10 40 10 10 10

17-Apr-08 10 10 10 10 10 10 1022-Apr-08 10 30 10 40 10 10 1029-Apr-08 10 252 10 183 41 10 105-May-08 10 10 10 10 10 10 1013-May-08 10 10 10 10 10 10 1019-May-08 10 10 10 10 10 10 1028-May-08 10 10 10 10 10 10 104-Jun-08 84 119 10 98 10 10 1012-Jun-08 10 20 10 10 10 10 1018-Jun-08 10 30 10 10 41 10 1023-Jun-08 41 84 10 96 10 31 10l-Jul-08 63 131 7701 3448 63 10 107-Jul-08 74 86 10 114 20 171 11199

14-Jul-08 52 52 31 313 52 168 67721-Jul-08 441 10 10 663 10 74 1029-Jul-08 41 163 40 52 20 104-Aug-08 10 85 106 124 10 10 1012-Aug-08 216 213 10 443 173 63 3019-Aug-08 63 181 10 185 10 10 2026-Aug-08 20 10 10 10 30 10 108-Sep-08 10 52 10 307 51 10 1017-Sep-08 10 31 31 51 20 10 1025-Sep-08 10 98 10 84 10 20 102-0ct-08 10 96 20 10 62 20 109-0ct-08 134 20 7701 5172 160 20 2014-0ct-08 529 97 52 988 10 10 1021-0ct-08 10 251 10 86 10 10 106-Nov-08 10 20 30 74 131 41 2014-Nov-08 10 30 10 504 10 20 1021-Nov-08 10 41 10 10 20 10 1025-Nov-08 30 31 41 413 31 41 10l-Dec"08 10 105 20 41 754 10 10

10-Dec-08 10 10 10 313 52 20 1017-Dec-08 20 10 30 95 20 31 3122-Dec-08 72 10 10 30 31 10 4130-Dec-08 10 10 10 20 31 10 10

39



,Dale EP EN EB M OP

,

MB KP ES VZI I15-Jan-09 10 1259 10 10 703 92 6867 10 1022-Jan-09 10 809 10 20 10 10 74 10 1029-Jan-09 31 1664 41 907 10 336 148 538 2695-Feb-09 ~ 10 14136 10 98 10 51 10 1012-Feb-09 10 1624 10 960 10 84 30 5219-Feb-09 10 1396 31 109 10 10 31 10 1026-Feb-09 10 336 10 110 10 10 10 10 105-Mar-09 10 41 20 10 10 10 1012-Mar-09 10 10 122 10 10 10 10 1019.Mar-09 10 41 52 10 10 10 10 1026-Mar-09 10 10 63 10 20 10 102-Apr-09 10 31 160 10 100 253 10 109-Apr-09 10 10 379 10 10 10 31 10

16-Apr-09 10 10 10 10 336 10 10 1023-Apr-09 10 20 156 10 10 10 1030-Apr-09 10 10 63 10 10 10 107-May-09 10 683 10 10 20 41

14-May-09 10 41 10 52 10 10 10 20 1020-May-09 10 10 275 10 41 10 1028-M"y-09 10 10 262 10 257 10 63 104-Jun-09 10 11199 657 5794 10 285 10 10

11-Jun-09 10 41 389 158 20 10 1018-Jun-09 20 30 10 73 10 31 10 10 1025-Jun-09 30 20 10 86 10 10 74 10 202-Jul-09 1935 135 20 350 2282 598 30 1739-Jul-09 285 3255 146 223 106 97 11199 107 305

17-Jul-09 10 20 30 717 10 126 20 20 1023-Jul-09 148 122 216 84 10 324 10 10 1030-Jul-09 6867 15530 52 106 10 10 52 106-Aug-09 74 31 126 20 10 10 20 10

13-Aug-09 813 4611 620 768 10 80 10 9720-Aug-09 3255 41 96 3873 31 1153 10 10 1027-Aug·09 30 10 278 10 341 85 103-Sep-09 84 213 20 31 120 10 10 31

10-Sep-09 10 20 213 63 10 10 1017-Sep-09 10 3873 20 10 187 240 10 7224-Sep-09 2755 337 62 142 73 97 131 101-0el-09 10 1607 41 41 10 30 10 10 1388-0el-09 20 278 20 61 10 10 213 10 28815-0el-09 10 10 10 10 10 10 323 20 22622-0el-09 238 336 41 30 419 10 10 20 1029-0el-09 10 934 63 359 109 74 3282 1485-NOv-09 10 1785 10 20 327 10 10 10 1012-Nov-09 10 74 410 231 10 20 10 51 1019-Nov-09 10 318 73 61 10 10 10 10 1025-NOv-09 10 990 10 173 10 10 10 10 1853-Dee-09 422 19863 754 364 24192 20 134 851O-Dee-09 31 1396 187 246 20 20 73 4117-Dee-09 , 10 119 61 72 10 10 10 1023-Dee-09 10 95 20 20 10 10 1030-Dee-09 10 41 10 10 10 10 10 780

40



Date EP EN EB M OP MB KP ES VZ14·Jan·l0 10 31 122 10 10 10 1021·Jan·l0 10 148 10 171 10 10 10 10 1028·Jan·l0 10 330 10 20 10 30 10 20 10 .4·Feb·l0 5 298 10 98 5 5 5 5 518·Feb·l0 5 216 5 63 5 5 5 10 525·Feb·l0 5 547 30 243 5 5 20 314·Mar·l0 5 74 5 20 5 5 5 5 1011·Mar·l0 5 3784 5 121 5 5 5 10 518·Mar·l0 5 31 20 20 5 5 5 41 3125·Mar·l0 5 5 5 10 5 5 30 41 51·Apr·l0 10 63 20 275 10 20 110 135 528-Apr·l0 5 588 85 41 5 10 5 10 515·Apr·l0 5 20 5 10 5 5 5 522·Apr·l0 5 10 5 20 5 52 5 529-Apr·l0 5 85 31 512 5 5 5 5 56·May·l0 5 5 10 63 5 5 10 1013·May-l0 10 118 10 30 5 527·May·l0 5 7701 52 14136 20 10 31 5 53·Jun·l0 10 909 41 8297 10 61 10 10 1010-Jun·l0 20 2489 20 4884 10 62 31 5 1017·Jun-l0 41 14136 31 408 5 5 74 524·Jun·l0 613 86 52 301 20 41 10 10 101·Jul·l0 10 4884 72 497 10 20 10 10 108·Jul·l0 63 135 428 725 10 223 10 10 1015·Jul·l0 10 10 20 12997 41 386 259 41 7422·Jul·l0 385 70 496 10 126 10 1029·Ju/·l0 10 61 1616 2014 10 17329 10 10 204·Aug·l0 5 359 309 30 5 41 512-Aug·l0 727 441 207 292 20 839 20 31 1019·Aug-l0 10 10 145 5 20 5 526·Aug-l0 1145 183 10 187 5 73 10 10 59-Sep·l0 5 10 74 109 41 10 516-Sep·l0 5 20 97 10 3873 10 523·Sep-l0 108 223 63 2282 10 5 31 530·Sep-l0 96 20 5 238 5 19863 5 10 57·Qct·l0 30 1597 52 988 195 6867 10 1014·Qct·l0 5 5 5 41 10 5 5 1021-Qct·l0 10 381 111 85 10 10 5 528·Qct·l0 74 7701 185 8164 5 327 305 11010·Nov·l0 10 1391 63 272 160 10 20 10 1017·Nov·l0 5 15531 9804 86 489 161 2024·Nov·l0 5 52 5 354 5 5 5 51·Dec·l0 5 697 10 41 5 5 5 58-Dec·l0 10 31 5 86 10 10 5 515-Dec·l0 41 30 41 906 10 98 52 1022-Dec·l0 5 158 5 41 5 5 529·Dec·l0 10 52 5 496 10 74 5 5

41

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Prilitad ori Newport Police Department Page Number

07/18/201lc Operator Information Sheet 1 of 111~15375·AC[State Report Required: N]

GeneralAccident Date

07/18/2011ITlme

10030IReponing Officer

!RECORDS CLERK MARCIA J STONELocalion

ROSENEATH AVE / WELLINGTON AVEICity

INEWPORTState

RIZIP

02840

Operatorlasl Name First Middle Suffix l~ehlUnil I0 Injured

0 BARBER JASON 1 0 Falalityp Number Street Sulfix Api

l~ilYStale ZIP

E 35 BREWER ST A NEWPORT RI 02840RA DOB IHome Phone /Work Phone I~icense Slate/NumberT 08/19/1986 860-966-9016 CT 2078783220R Insurance Company Policy Number

.

. Last Name First Middle Surtix I~ome Phone /WOrk Phone

0 BARBER STEPHEN 860-613-2195W Number Street Suffix Api rlY Slate ZIP

N 490 MAIN ST CROMWELL CT 06416-2040E·R Insurance Company Policy Number

PROGRESSIVE 50171927-4Year I~ake l~odel I

VIN

IV 2001 DODGE STRATUS 1B3EJ46X11N579052E Registration Siale/Number ITowed By fTowed ToH

CT 300XUL

Last Name First Middle Suffix Iveh/unit I 0 Injured

0 o Fatalityp Number Street Suffix Api ICilY Slate ZIP

ERA DOB ) Home Phone Jwork Phone JUcense Slate/NumberT0R Insurance Company Policy Number

lasl Name First Middle Suffix [HOme Phone lwork Phone

0W Number Sireet Suffix Api ICily

State ZIPNER Insurance Company Policy Number

Year IMake IModel IVIN

IVE Regislration Stale/Number ITowed By ITowed ToH

Newport Police DepartmentNARRATIVE FOR RECORDS CLERK MARCIA J STONE

Ref: 11-15375-AC

Page: 1

Entered: 07/18/2011 @ 1309Modified: 07/18/2011 @ 1314

07118/2011 1309 M Stone

Entry ID: 864Modified ID: 864

Jason Barber reports that when he was driving north on Wellington Ave" his car hit a raised manhole cover thatwas protruding from the roadway. The accident happened at 0030 hOlll'S this morning. The manhole cover wasnot marked nor were there any signs according to Mr Barbel'.

The damage to Mr Barber's vehicle was to his mufJler.

I

I

I

l ~ _

B&C AUTO INC.58 VAN ZANDT AVENEWPORT RI 02840

401 846-3358Thank you for your business!

7/18/20111 :36 PM page 1

Created : 7/18/20111:29:56 PM

Repair Order #28337

VehicleVIN

BARBER, JASON490 MAIN ST35 BREWER ST #ACROMWELL CT 06416

: 2001 Dodge Stratus 2.4 L 2429 CC L4 DOHC: 183EJ46X11N579052

Day Phone : 860-966~9016

Tag/State : 300XUL 1CTColor : GrayLast Mileage : 0Odometer In : 0Odometer Out: 0

Labor/NotesOty CodefTech*

1.5

Reference

GUIDE

DescrIption

CATALYTIC CONVERTER - R&R M

UnilPrice

$95.00

Price

$142.50

Price

$11.90

$549.46

$142.50$561.38

$0.00$4.28$0.00

$39.60$747.76

Unit PriceCondition

Tax@$565.66*7.0000%

Repair Total

LaborPartsSublet/Misc.Shop SuppliesChargesSales Tax

Reference Description

31597 EXHAUST GASKET

54506 Catalytic Converter· Direct Fit $549.48

Note: M ~ Labor Database, Copyright, Mitchell International, All Rights Reserved

PartsQly CodefTech*

1 EXH

1 EXH

I hereby attest that I am the owner or agent authorized by the owner of the above described vehicle toact on his/her behalf. I agree to pay in full for the charges set forth herein, and all charges have beenexplained fully to me. I understand that after paying the charges for this vehicle it must be removedfrom the premises at once, unless other arrangemenls have been made in advance.

Customer Signalure _

STATE OF RHODE ISLAND UNIFORM CRASH REPORT

R:::~:Agency Name ~~E;~~:~r I~;~sta~:~ell _, __ J~~::hT_im~_ _'. cal~ ,~eporTarkifg_ILO'

IlyorTOwnName !Slreel or Highway --- 10."..R'.I~.E~.il.#. --1# of l.anes [posl.ed Speed _.".'mil. .. .-NEWPORT 7 ROSENEATH AVE IOff Hal~pl __ 2 ',_ 25 II N/A I IUnk

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uf"'ddress

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ICilY

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Owner

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'Iwork Phone jDamage DescrlpllOn

Reporting Officer Name

~CORDS CLERK MARCIA J STONE

IReporting Officer Badge Number

1864

IReport Date IProhibil Public Release

1°7/18/2011 INOPage 1

~ewpor~ ~o~1ce ueparonen~

Incident Report

Incident #: 11-14275-0FCall #: 11-14275

Date/Time Reported: 07/07/2011 1414Report Date/Time: 07/07/2011 1421Occurred Between: 07/07/2011 1400-07/07/2011 1405

Status: No Crime InvolvedReporting Officer: SENIOR CLERK GWENDOLYN GEORGE

Signature:

# EVENTS (S)

~a9'e: ~

07/07/2011

LOCATION TYPE: Highway/Road/Alley!StreetBROADWAY / CALEB EARL STBROADWAYNEWPORT RI 02840

1· I?UBLIC ACCIDENT - INJURY

Zone: BEAT 2/128

# VICTIM(S) SEX RACE AGE SSN PHONE

1 CASWELL, FREDERICK A40 ELLERY AVEMIDDLETOWN RI 02842DOB: OS/29/1927ETHNICITY: Not of Hispanic OriginRESIDENT STATUS: Non ResidentVICTIM CONNECTED TO OFFENSE NUMBER(S}: 1CONTACT INFORMATION:

Home Phone (Primary) 401-849-4408

M w 84 NOT AVAIL 401-849-4408

~ewpor~ ~o~1ce ueparomen~

NARRATIVE FOR SENIOR CLERK GWENDOLYN P GEORGE

Ref: 11-14275-0F

Entered: 07/07/2011 @ 1423 Entry ID: 816Modified: 07/07/2011 @ 1427 Modified ID: 816

page: J.

Frederick Caswell reports that while walking north on the sidewalk (east side of Broadway) towards PDQprinting and just opposite Ben's Chili Dog he tripped over a substantially raised comer of a cement sidewalksection and fell headlong and sustained a large scrape to the skin on his upper right forearm with some bleeding.I asked Mr.Casweli ifhe required the rescue and he declined and then I advised him to seek medical treatment.

Mr. Caswell requested to have a copy of the report sent to finance at City Hall.

\ 48 Ellery RoadNewport, RI. 0284014 July,2011

To: The Honorable Mayor and Members ofthe Newport City Council.

Subject:: Parking TicketlTow Fee

On Wed, 29 June I parked in the area ofCastle Hill in order to view the start ofthe Trans-AtlanticRace. I was gone from my car for less than an hour, and when I returned, my vehicle was in theprocess ofbeing attached to a tow truck. I had received a parking ticket for parking in a "TowZone"..

The attached package consists ofmy appeal to the Newport Parking Violations Divisionsupporting my position that said ticket was unjustified. In addition to the ticket, I was alsocharged $83.50 for tow charges even though I was not parked in a "Tow Zone".

In discussion with Sgt. John Barker ofthe Parking Violations Division, he agreed that I presentedvalid reasoning in my request that the ticket be dismissed. He also advised me to forward a letterto the City requesting reimbursement for the tow inasmuch as I had not parked in an area markedas a "Tow Zone".

In view ofthe justification presented in the attached appeal, I hereby request that the City Councilapprove this request for reimbursement ofthe $83.50 paid to Moriarty Towing on 29 June.

Thank you for your consideration. IfI can provide any further information I can be reached at846-8040 or [email protected].

Sincerely,

~.d.f2~PAndrew A Radel

Atch: Parking Ticket Appeal, 7 July, 2011

7 July, 2011

On Wed, 29 June, 2011 my wife and I drove out to the Castle Hill area towatch the start of the Trans~Atlantic Race. The route we took was past FortAdams, past the Coast Guard Station via Ridge Road, to Castle Hill Roadwhere we parked just west ofa telephone pole approximately 75 feet fromthe juncture ofCastle Hill Ave, Ella Terrace and Ocean Ave. Nowherealong this route of travel were there any signs stating any parkingrestrictions.

We parked at 1350, walked up to the Inn at Castle Hill, saw the start of therace, and walked back to our car. From the time we parked until we returnedwas less that an hour. Upon our arrival at the cal', it was in the process ofbeing hooked up to a tow truck owned by Moriarty's Towing. The driversaid they were summoned by the police because I was in a tow Zone. Headvised that because they had "Hooked up" I had to pay an $83.50 fee butcould retrieve the cal' without a tow. The drivel' said that he could take cashonly, and that if! didn't have cash he would have to tow the car, and I wouldincur additional expenses in order to retrieve my vehicle. I was able toborrow enough cash to pay, and he unhooked me. I also received a ParkingTicket which indicated that I had parked in a "Tow Zone". After leaving Irealized that I had not gotten a receipt for the money. I returned to thescene, and was given a receipt.

The next day I revisited the area to try and ascertain why I had been cited,and to understand why I had been identified for a tow. After checking outmy route, and the existing parking signs with restrictions, I believe theticket was given in error because: 1) the route I took had no indications ofrestricted parking. The pole where I parked was a perfect place tor a "NoParking" sign, but none was present. 2) The nearest ''No Parking" signwas apx 100 teet away, at the end ofOcean Ave. The nearest "Tow Zone"sign was another 100 feet further away on Ocean Ave. Clearly, the areawhere I was parked did not indicate any restrictions. I believe it would belogical to expect that the "No Parking" area began at the location of the first

sign, approximately 100 feet away from me, and that the "Tow" zonestarted where the first ''Tow Zone" sign appeared, which was another 100feet away.

In accordance with the above, I believe that I should not have been issued aparking ticket, and certainly should not have been cited for parking in a"Tow Zone" which resulted in an additional unjustified expense. I haveincluded a sketch ofthe area, and a number ofphotographs taken on June30th 20 II as further evidence to support my claim.

/) . /J IJce~~j?J.jC~£e. Andrew A Radel

48 Ellery RoadNewport RI, 02840Tel:846-8040e-mail: [email protected]

lil<;r,J WAS

\0' CoL ~A I?-AtJe.~

page I ot 4

ANDREW RADEL

"Jill Radel" <[email protected]><[email protected]>Wednesday, 06,2011 9:09 AM

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002 OVEHTIME -14 HOURS

[J 03 POSl'rD - NO PAN!{ING

[J (pi I~ESTWCTEnAHEAVEI.LOW CUFU31NG

f.J 05 DOUOW PARKING

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C()M~'ENTS·:~"·---~-'·~·"-'"'--

).

1\J

A.M. REQUESTED BA)· ) JJ

MORIARTY'S TOWING, LLC24 Hour Emergency Road Service

-.::=c:c!b 3~i~~:t~~~~O~1 ~~;~ayR.I.D.:'U.* 2444 401-848-2201

LOCATION OF VEHICLE

MILEAGE RECOVERY 1iliB.Ql.III;

YEAR

ST;::E:A.- LlC. NO. IVEHICLE 1.0. NO.

QuostlOllS anWor complaints see roverse side.

Slora aORtas MII.EAGE CHARGE

From: To:TOWING CHARGE 0./ (.(.,

Date: __.._,_.______~____ Date: .__.______.....__._L.ABOR CHARGE

Time: _~_____..._____.____ Time:~__.______."__.STORAGE CHARGE

0 CASH 0 DB REl.EAS~ FEE

DRIVER:,__~,w.~ ...-.

0 CHECK 0 CC-,t.,:') FUEL SURCliARGE I '\0

ij£., .j ",;)t)£ ~' /SIGN,tiDJR - {.i?~4/ r:" fJo.,{~1? j ,

"/« 3. 0; ~?

('" TOTAL

o SLING I HOlsnow 0 FLATTIRE

o WHEEL LIFT 0 OUT OF GAS

t':J\f.I.AT BED I RAMP a WRECK

o S'IIIRT 0 RECOVERY

o LOCK OUT 0 . _

VEHiCLE TOWED TO

SPECiAL EQUIPMENTo SINGLE LINE WINCHINGo DUAL LINE WINCHING

o SNATCH BLOCKSo SCOTCH BLOCKSo DOLLY0 ..__. .__..__

IiI

1I

1

IjII./i

II

·1

:1

OFFICE OF THE CITY SOLICITORMEMORANDUM

Joseph J. Nicholson, Jrif!;,~A~jt,. 6iicitor;.-:; ........18 July 2011 ,o-,,/,/Consent Order Ire: Etlyfronment Rhode Island, et al v. City of Newportand Earth Tech, Inc.,/ - United States District Court for the District ofRhode Island, C.A. No. 08-265S)

TO

FROM:

DATE

RE

Mayor Stephen C. Waluk& Members of the Council

c: - City Manager- Asst. City Solicitor

- Director of Utilities

I am enclosing for your consideration a copy of the final draft of the Consent Ordernegotiated between EPA, DEM, the Department of Justice and the so-calledCitizen/Plaintiffs. The entire Order is, for the most part, dictated by EPA and theDepartment of Justice. This product has been in the works since the litigationcommenced. The initial official claim to the City which was the necessary statutorypredicate to the filing of the lawsuit was received by the City on or about March 14,2008. The lawsuit was then filed on or about July 17, 2008. The initial plaintiffsincluded Environment Rhode Island, Burton Hoffman, Henry Rosemont, Jr., DavidWixted, and Henry T. Wrobel. Soon thereafter EPA, as well as the Department of,Tustice, along with the State of Rhode Island, became involved as plaintiffs/intervenors in the litigation. As a result, EPA and the Department of Justice became theprimary plaintiffs moving the litigation along and are the primary architects of theconsent decree before you. The City has been represented by this office and JuliaForgue along with our consultants CH2M Hill, Inc. The negotiations have been verydetailed and technical oriented.

The intent of this consent decree is to end the litigation and to r;rovide a game plangoing forward for the City to address its wastewater issues. Also, as a by-product ofthe litigation, there is an agreement within the consent agreement itself, addressingthe storm water beach issues which the City now seems to have well in hand. Much ifnot all of the work the City has done over the last couple of years as well as anycapital project proposal that comes before you in the immediate future is addressed inthis consent decree.

As to the specifics of this agreement, I would suggest that you may wish to perusequickly the first II pages of this agreement. The real substance of the agreement(")starts on page 11 under the title of Civil Penalty. In short, the City is compelled topay a penalty to the federal government and the State of Rhode Island in the amountof $170,000. The penalty is a formula based calculation with some elasticity. TheCity has been whittling away at this penalty amount for some time and it is the rockbottom assessment considering that the assessment could have been as high as$25,000 per day, per violation. Civil penalties are typical in this type oflitigation,

(*) Note, this memorandum is slightly different from my previous memorandum dueto the numbering of paragraphs in the final order.

Memo To Mayor & Council MembersRe: Consent Agreement with EPA18 July 2011 - Page 2

Paragraphs 11 through 68 are the substance of the agreement describing theremedial measures the City is compelled to pursue. Some of this work has alreadybeen completed, some of it is ongoing and some of it is prospective. The idea withthese remedial tasks is to eliminate extraneous rain water (and in some instances,tide waters) integration into our system which is purportedly the cause of our CSOdilemma. These paragraphs reference engineering analysis and construction, alldesigned to address the issues of extraneous flow. I will not describe for you a CSOevent. You should all be well-versed in its mechanics.

These efforts of removal, which are efforts to tighten up the City's system ofwastewater plumbing, culminate in the development of a System Master Plan which,purportedly within certain federal guidelines, is the ultimate effort on the City's part,within reason, to the end-all solution to Newport's CSO issues. Please pay closeattention to paragraphs 63 through 68. I am of the opinion that those paragraphswill give all of you a real feel for the direction this is going from a sound engineeringbasis. Look at the first sentence of paragraph 65. It is the most important sentencein this document. Paragraph 65 took weeks to negotiate. We are satisfied with itsoutcome, particularly with its deference to EPA's guidance document which isreferenced paragraph 65. The idea ultimately is to remove overflows from the Newportsystem within the context of EPA's overall CSO policy which doesn't call for completeelimination but substantial efforts to accomplish that task.

Paragraph 69 requires the City to purchase a minimum of 500 rain barrels, the costof which has offset the civil penalty otherwise assessed, lowering it on almost a dollarfor dollar basis to $170,000. Newport will soon be part of EPA's new mandatory greeninjunction program. In my opinion, this adds utility to Newport's civil penaltyexpenditure where there was none before.

Paragraphs 70 through 77 address the moat point discharge issue. This is not anEPA issue but a Citizen/Plaintiff issue. The City has an obligation to monitor themoat discharges that pass through the UV system. The monitoring is reflective of theguarantees Newport has received from the manufacturer of the system. If successful,the monitoring program ends.

Paragraphs 78 through 79 are certain mandated reporting requirements regardingthe remedial tasks. It is EPA's way of monitoring the progress the City has madewithout having to investigate same - call it a self-policing requirement, if you will.

Paragraphs 80 though 85 address the process of EPA approval of any required Citysubmission as well as the process to address any deficient submission.

Paragraphs 86 through 91 address non-compliance with the consent decree byNewport. The failure to strictly adhere to the requirements of this consent decreecomes with a monetary penalty assessment. It is EPA's enforcement methodology anddictated sanction in the event the City fails to abide by the terms of this agreement.

Memo To Mayor & Council MembersRe: Consent Agreement with EPA18 July 2011 - Page 3

The penalties have been reduced through the negotiation process but are commonplace in every EPA consent agreement of this type. There is a grievance process inplace in the event the City disagrees with the assessment. Effectively, the City is ableto dispute any assessment up through the trial court which is the U.S. District Courtfor the District of Rhode Island.

Paragraphs 92 through 98 are the Force Majeure sections. Force majeure conditionsare events beyond our control that upsets a given task, a hurricane for example.Those paragraphs detail a process of notice and discussion between the partiesregarding the upsetting event.

Paragraphs 99 through 104 provide the parties with an agreed-to process to resolvedisputes under this consent agreement with the final arbiter of the dispute being theUnited States District Court for the District of Rhode Island.

Paragraphs 105 through 108 are document and information retention requirementsand facility access rights. There are really no issues related to these paragraphs andthey are redundant.

Paragraphs 109 through 110 are nominal notice requirement sections.

Paragraphs 111 through 117 note that the decree resolves all civil claims that EPA,DEM and the Citizen/Plaintiffs have against the City. All of the plaintiffs including theCitizen/Plaintiffs, as well as any other group or individual, are now foreclosed fromlitigating the outstanding Clean Water Act issues in any forum.

Paragraph 118 is the claim for attorney's fees by the Citizen/Plaintiffs. In these typesof actions Plaintiffs, by law, are entitled to attorney's fees even if they show amodicum of success. The overall fee obligation, since the inception of this case, iswell over $300,000.00. The City's obligation is $70,000.

Paragraph 119 is again nominal but, from a policy standpoint, please read paragraph119 paying close attention to the phrase "bound to perform duties".

Paragraphs 120 through 123 are nominal, but look at paragraph 122 pleaseregarding funding or the lack thereof.

Paragraphs 124 and 125 have been a source of debate among the parties. Thisconsent agreement is designed to be finite. It needs to end. Newport needs a divorceamong the parties and this section accomplishes that divorce. After all the work isdone and Newport is successful, the agreement terminates.

Paragraphs 126 through 132, again, I would describe as nominal sections. However,note under paragraph 128, there is a public comment period on this decree beforethe court signs off. That period of time is 30 days. Take note of paragraph 128 aswell. The stakeholders' group is an important process in developing the SystemMaster Plan. They are well into the details of the system and I am sure you will havequite a bit of interaction with this group going forward.

ENCLOSURE


RESOLUTION

OF THECOUNCILNo. _

RESOLVED: That the attached Consent Agreement between the City of Newportand the Environmental Protection Agency (EPA), the RI Departmentof Environmental Management (RIDEM) and the Department ofJustice (DOJ) is hereby approved and the Mayor is authorized tosign said Agreement on behalf of the City of Newport subject tofavorable review by the City Solicitor.

IN COUNCILREAD AND PASSED

Kathleen M. SilvaCity Clerk

UNITED STATES DISTRICT COURTDISTRICT OF RHODE ISLAND

ENVIRONMENT RHODE ISLAND, ET AL.,

Plaintiff,

UNITED STATES OF AMERICA,-

Plaintiff- Intervenor,

STATE OF RHODE ISLAND,

Plaintiff-Intervenor,

v.

CITY OF NEWPORT, RHODE ISLAND,

Defendant.

)))))))))))))))))))

CIVIL ACTION NO. 08-265S

II·II,.

CONSENT DECREE

City ofNewport Consent Decree

TABLE OF CONTENTS

1. STATEMENT OF CLAIM 3II. JURISDICTION AND VENUE 3

. III. APPLICABILITy 4IV. DEFINITIONS 5V. OBJECTIVES ; 10VI. CIVIL PENALTy 11VII. REMEDIAL MEASURES 13VIII. STORMWATER FROM EASTON'S POND MOAT 42IX. REPORTS ON COMPLIANCE 46

. X. APPROVAL OF SUBMISSIONS 49XI. STIPULATED PENALTIES : 51XII. FORCE MAJEURE 55XIII. DISPUTE RESOLUTION; 59XIV. RIGHT OF ENTRYIINFORMATION COLLECTION AND RETENTION 62XV. FORM OF NOTICE 64XVI. EFFECT OF SETTLEMENTIRESERVATION OF RIGHTS 67XVII. COSTS : 70XVIII. EFFECTIVE DATE , 70XIX. RETENTION OF JURISDICTION 71XX. MODIFICATION ~ ; 71XXI. FUNDING ; : 71XXII. SEVERABILITy 72XXIII. TERMINATION 72XXIV. FINAL JUDGMENT 73XXV. WAIVER OF SERVICE 73XXVI. PUBLIC COMMENT : 73XXVII. SIGNATORIES 74XXVIII. INTEGRATION 74ATTACHMENT NO, 1ATTACHMENT NO. 2ATTACHMENT NO. 3ATTACHMENT NO. 4

City ojNewport Consent Decree

WHEREAS, Plaintiffs Envirorunent Rhode Island, Burton Hoffman, Henry Rosemont,

Jr., David Wixted, and Henry T. Wrobel (collectively "Citizen Plaintiffs"), filed an action under

the citizen suit provisions of the Clean Water Act, 33 U.S.C. §§ 1251 et seq., alleging that the

City ofNewport, Rhode Island ("City," "Newport," or "Defendant") and Earth Tech, Inc.

violated Section 301 (a) of the Clean Water Act ("CWA"), 33 U.S.C. § 13II(a), by discharging

pollutants into waters of the United States from its Water Pollution Control Plant ("WPCP") and

wastewater collection system ("Collection System") in violation of the National Pollutant

Discharge Elimination System ("NPDES") PennitNo. RIOI00293, issued to Newport by the

Rhode Island Department of Envirorunental Management and known as a Rhode Island Pollutant

Discharge Elimination System Pennit ("Newport RIPDES Pennit"), and by discharging stonn

water in violation ofRIPDES No. RIR040000, the Rhode Island General Pennit for Stonn Water

Discharge from Small Municipal Separate Stonn Sewer Systems ("General Stonn Water

Pennit");

WHEREAS, Section 309(e) of the CWA, 33 U.S.C. § 1319(e), requires that, whenever

the United States brings a civil enforcement action against a municipality under Section 309, the

state in which the municipality is located shall be joined as a party;

WHEREAS, Plaintiff, the United States of America ("United States"), on behalf of the

United States Envirorunental Protection Agency ("EPA"), and the Rhode Island Department of

Envirorunental Management ("RIDEM") on behalf of Rhode Island ("Rhode Island" or the

"State") (collectively, "Government Plaintiffs") filed a Motion to Intervene in the citizen suit to

protect the interests of the United States and Rhode Island in the unifonn and effective


application of federal and state environmental laws, and that Motion was granted by the Court

and the United States and Rhode Island filed their Complaint against the Defendant;

WHEREAS, the United States' and Rhode Island's Complaint alleges that the Defendant

violated and continues to violate Section 301 (a) of the CWA, and the Rhode Island Water

Pollution Control Act, RJ.G.L. §§ 46-12, et seq, ("Rhode Island Act"), by discharging

pollutants into waters of the United States from its WPCP and wastewater collection system

("Collection System") in violation of the Newport RIPDES Permit, and by discharging pollutants

into waters of the United States without authorization under any RIPDES permit or any other

provision of the CWA;

WHEREAS, Citizen Plaintiffs resolved the civil claims alleged in their Complaint against

Earth Tech, Inc. (now known as AECOM Technical Services, Inc.) and the Court dismissed

Citizen Plaintiffs' claims against Earth Tech, Inc. on April 15,2010. (Docket No. 27);

WHEREAS, entry of this Consent Decree by the Court will resolve the civil claims

alleged in the Complaint ofthe United States and Rhode Island, andthe Complaint of Citizen

Plaintiffs (collectively, "Complaints") against Defendant Newport through the date of lodging of

this Consent Decree;

WHEREAS, the City takes the position that it has been working diligently during the

course of this litigation and well prior thereto by working cooperatively with the RIDEM to

improve the City's system to fully comply with the EPA CSO Policy (59 Fed. Reg. 18,688 (April

19, 1994»andCWA;

WHEREAS, the Citizen Plaintiffs take the position that the City has been recalcitrant in

2

City afNewport Consent Decree

meeting its obligations under the CWA; and

WHEREAS, the United States, Rhode Island, Citizen Plaintiffs, and the Defendant

(collectively, the "Parties") recognize, without admission of facts or law except as expressly

stated herein, and the Court by entering this Consent Decree finds, that this Consent Decree has

been negotiated by the Parties in good faith, that settlement of this matter is fair, reasonable, and

in the public interest, and that entry of this Consent Decree without further litigation is an

appropriate resolution of this action;

NOW, THEREFORE, with the consent of the Parties, it is hereby ordered, adjudged, and

decreed as follows:

I. STATEMENT OF CLAIM

I. The Complaints state claims upon which reliefcan be granted against the

. Defendant pursuant to Section 505 of the CWA, 33 U.S.C. § 1365 (for the Citizen Plaintiffs),

and Section 309 ofthe CWA, 33 U.S.C. § 13 I9 (for the Government Plaintiffs). The

Government Plaintiffs' Complaint also states claims upon which relief can be granted pursuant

to the Rhode Island Act, RJ.G.L. § 46-12-3.

II. JURISDICTION AND VENUE

2. This Court has jurisdiction over the subject matter of the Citizen Plaintiffs' action

pursuant to Section 505(a) of the CWA, 33 U.S.C. 1365(a) and 28 U.S.C. § 133 I, and over the

subject matter of the Government Plaintiffs' action pursuant to Section 309(b) of the CWA, 33

U.S.C. § 13 I9(b), and 28 U.S.C. §§ 1331, 1345, 1355, and 1367 and under the doctrine of

pendent jurisdiction. This Court has personal jurisdiction over the Parties to this Consent

3


Decree. Venue properly lies in this district pursuant to Section 505(c)(1) and (2) of the CWA, 3j

U.S.C. § 1365(c)(l) and (2), Section 309(b) of the CWA, 33 U.S.C. § 1319(b), 28 U.S.C.

§§ 1391(b) and (c), and 28 U.S.C. § 1395 because Defendant islocated within this judicial

district. The Defendant waives all objections it might have raised to such jurisdiction or venue.

III. APPLICABILITY

3. The provisions of this Consent Decree shall apply to and be binding upon the

United States, Rhode Island, Citizen Plaintiffs, and upon Defendant and its officers, directors,

agents, employees acting in their official capacities, successors, and assigns.

4. No transfer of any ownership interest in, or any interest in the operation of the

Collection System or Water Pollution Control Plant, whether in compliance with this Paragraph

or otherwise, shall relieve the Defendant of its obligation to ensure that the terms ofthis Consent

Decree are implemented. Any transfer involving ownership or operation of the Collection

System or Water Pollution Control Plant, or any portion thereof, to any other person or entity

must be conditioned upon the transferee's agreement to undertake the obligations required by all

provisions of this Consent Decree, as provided in a Written agreement between the City and the

proposed transferee, enforceable by the United States, Rhode Island, and Citizen Plaintiffs as

third-party beneficiaries of such agreement. At least thirty (30) Days prior to such transfer, the

Defendant shall provide a copy of this Consent Decree to the proposed transferee and shall

simultaneously provide written notice of the prospective transfer, together with a copy of the

above-referenced proposed written agreement, to EPA, the United States Department of Justice,

RIDEM, and Citizen Plaintiffs, in accordance with Section XV (Form ofNotice).

4


5. The Defendant shall provide a copy of this Consent Decree to all officers,

directors, employees, and agents whose duties might reasonably include compliance with any

provisions of this Consent Decree. The Defendant shall also provide a copy of this Consent

Decree to alI contractors and consultants retained to perfonn any obligation required by this

Consent Decree on behalf of the City, and condition any such contract upon performance of the

work in conformity with the terms of this Consent Decree. The Defendant shall require that such

contractors and consultants provide a copy of this Consent Decree to their subcontractors to the

extent the subcontractors are performing work subject to this Consent Decree. Such contractors,

consultants, and subcontractors shall be deemed agents of the City for the purposes of this

Consent Decree.. In an action to enforce this Consent Decree, the Defendant shall not assert as a

defense against any action or proceeding by the United States, Rhode Island, or Citizen Plaintiffs

the failure by any of its officers, directors, employees, agents, servants, consultants, engineering

firms, contractors, subcontractors, Buccessors, or assigns to take actions necessary to comply

with this Consent Decree.

IV~ DEFINITIONS

6. Unless otherwise expressly provided herein, terms used in this Consent Decree

which are defined in the CWA or in regulations promulgated under the CWA shall have the

meaning ascribed to them in the CWA or in the regulations promulgated thereunder. Whenever

the terms listed below are used in this Consent Decree, the following definitions shall apply:

a. "CWA" shall mean the Clean Water Act, as amended,

33 U.S.C. §§ 1251 et seq.

5


b. "Approval by EPA" or "Approved by EPA" shall mean the issuance of a

written approval document from EPA, after a reasonable opportunity for review and comment by

RIDEM, approving, approving with conditions, and/or modifYing a submission in accordance

with Section X (Approval ofSubmissions).

c. "BuildinglPrivate Property Backup" shall mean any release of wastewater

from the Collection System into buildings or onto private property, except a release that is (1) the

result of blockages, flow conditions, or malfunctions of a building lateral or other

piping/conveyance system that is not owned or operationally controlled by the City, or (2) is the

result of overland, surface flooding not emanating from the Collection System.

d. "Catchment" shall mean a subsystem of the Collection System in which a

key manhole located at the outlet of the subsystem can be used to measure the InfiltrationlInflow

that occurs within the subsystem.

. e. "Collection System" shall mean the wastewater collection, storage and

.. transmission system owned or operated by the City (including all devices, pump stations, force

mains and sanitary and combined gravity sewer lines, manholes, and appurtenances thereto) and

designed to convey wastewater to the Water Pollution Control Plant, or to other authorized

discharge points.

f. "Combined Sewer Overflow" or "CSO" shall mean a discharge of

partially treated or untreated wastewater from the collection system upstream of the headworks

.. of the WPCP that results from flows exceeding the interceptor or regulator capacity of a

Combined Portion of the Collection System as a result of inflow from precipitation or snow melt.

6


7

I


determined by a cost-effectiveness analysis that compares the costs of eliminating the III with the

total costs of transportation, storage, and treatment of the III (including capital costs of increasing

sewage facilities capacity and treatment and the resulting operating costs).

o. "Flow" shall mean all wastewaters conveyed by any portion of the

Collection System.

p. "Infiltration" shall mean the water that enters the Collection System

(including sewer service connections) from the ground through such means as, but not limited to,

defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is

distinguished from, Inflow.

q. "Inflow" shall mean all water that enters the Collection System (including

sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains,

yard drains, sump pumps, area drains, foundation drains, drains from springs and swampy areas,

manhole covers, cross connections between storm sewers and sanitary sewers, catch basins,

storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is

distinguished from, Infiltration.

r. "InfiltrationlInflow" or "III" shall mean the total quantity ofwater from

both Infiltration and Inflow without distinguishing the source.

s. "Low Impact Development" or "LID" shall have the meaning given to that

term by the Rhode Island Stormwater Design and Installation Standards Manual (as published in

December 2010 or revised thereafter), and LID strategies and techniques are strategies and

8


techniques that employ the LID concept, regardless of whether they are part of a development or

redevelopment project.

t. "Paragraph" shall mean a portion of this Consent Decree identified by an

Arabic numeral or by an Arabic numeral followed by an upper or lower case letter.

u. "Parties" shall mean the United States, the State of Rhode Island, Citizen

Plaintiffs, and the City ofNewport.

v. "Plaintiffs," when used without modification or further designation, shall

mean the Citizen Plaintiffs and the Government Plaintiffs.

w. "RIDEM" shall mean the Rhode Island Department of Environmental

Management and any successor departments or agencies of the State.

x. "Sanitary Sewer Overflow" or "SSO" shall mean any overflow, spill,

diversion, or release of wastewater from, or caused by, the Collection System upstream of the

WPCP, excluding CSOs. SSOs include, but are not limited to, discharges to waters of the United

States from the CollectionSystem, as well as any release of wastewater from the Collection

System to public or private property that does not reach waters of the United States, including

BuildinglPrivate Property Backups.

y. "Separate Portion of the Collection System" shall me,an that part of the

Collection System designed or intended to convey domestic, commercial, and industrial sewage,

and infiltration, consistent with standard engineering practices, to the Water Pollution Control

Plant.

z. "Section" shall mean a portion ofthis Consent Decree identified by a

9

j

I

I

I


Roman nwneral.

aa. "Sewershed" shall mean a major portion of the Collection System that

drains to the CSOs designated as the Wellington Avenue Outfall or the

Washington Street Outfall.

bb. "State" shall mean the State of Rhode Island.

cc. "United States" shall mean the United States ofAmerica.

dd. "Water Polluiion Control Plant" or "WPCP" shall mean the wastewater

treatment facility located at 250 Connell Highway, Newport, Rhode

Island, owned and operated by'the City ofNewport to treat wastewater

collected by Newport and adjacent communities.

V. OBJECTIVES

7. It is the express purpose of the Parties in entering into this Consent Decree to

require the Defendant to take all measures necessary to fulfill the objectives of the CWA, and to

achieve and maintain compliance with the NewportRIPDES Permit, ihe General Storm Water

Permit, ihe requirements of ihe CWA, ihe Rhode Island Act, and any applicable federal or State

regulations.

8. Engineering designs and analyses required to be performed pursuant to this

Consent Decree shall be conducted using sound, generally accepted engineering practices, and,

as applicable, consistent with: (a) EPA's "Handbook: Sewer System Infrastructure Analysis and

Rehabilitation," EPN625/6-9 I -030, October 1991 ; (b) EPA's "Handbook for Sewer System

Evaluation and Rehabilitation," EPN430/9-75-021, December 1975; (c) EPA's CSO Policy; (d)

10


the currently effective edition of "Existing Sewer Evaluation l;lnd Rehabilitation," WEF MOP

FD-6; (e) "Guide to Short Term Flow Surveys of Sewer Systems," WRC Engineering (Undated);

(f) the National Association of Sewer Service Companies "Manual of Practice;" (g) the

Massachusetts Department of Environmental Protection's document entitled "Guidelines for

Performing InfiltrationJInflow Analysis and Sewer System Evaluation Survey," revised January

1993; (h) the currently effective edition of"TR 16: Guides for the Design of Wastewater

Treatment Works;" and (i) EPA's "Combined Sewer Overflows: Guidance For Long-Term

Control Plan," EPA 832-B-95-002, September 1995. Should there be a conflict between two or

more of these sources, EPA's judgment as to which,source to follow shall control.

VI. CIVIL PENALTY

9. The Defendant shall pay a civil penalty in the amount of $170,000 ("Civil

Penalty"), together with interest accruing from the Date of Lodging, at the rate specified in 28

U.S.C. § 1961, to the United States and the State in satisfaction of the claims for civil penalties

alleged in the Complaints.

'10. a. The Defendant shall make payment of half ofthe Civil Penalty ($85,000)

together with one-half of any interest, to the United States by FedWire Electronic Funds Transfer

("EFT") to the United States Department of Justice in accordance with written instructions to be

provided to the Defendant, following entry of the Consent Decree, by the United States

Attorney's Office for the District of Rhode Island, Financial Litigation Unit, District of Rhode

Island. The costs of such electronic funds transfer shall be the responsibility of the Defendant.

At the time ofpayment, the Defendant shall send a copy of the EFT authorization form, the EFT

II


transaction record, and a transmittal letter, which shall state that the payment is for the Civil

Penalty owed p1.\rsuant to the Consent Decree in Environment Rhode Island, et. al v. City of

Newport, Rhode Island, and shall reference the civil action number and DOJ case number 90-5-

1-1-09855, to the EPA and the United States Department of Justice as specified in Paragraph

109, by email to [email protected], and by mail to:

EPA Cincinnati Finance Office26 Martin Luther King Drive

Cincinnati, Ohio 45268

Payment of the civil penalty shall be made within thirty (30) days after entry of the Consent

Decree. If the City fails to tender payment within thirty (30) days entry of this Consent Decree,

then interest shall accrue on the debt to the United States, from the date of entry of this Consent

Decree, at the rate provided for in 28 U.S.C. § 1961.

b. The Defendant shall make payment ofthe other half ofthe Civil Penalty

($85,000) together with one-half of any interest, to the State in the form of a certified or cashier's

check made payable to "General Treasury - Water &, Air Protection Program Account" and

referencing this Consent Decree, and mailed to: DEM Office of Compliance and Inspection, 235

Promenade Street, Suite 220, Providence, Rhode Island 02908-5767. Paymentofthe civil

. penalty shall be made within thirty (30) days after entry of the Consent Decree. Ifthe City fails

to tender payment within thirty (30) days of entryofthis Consent Decree, then interest shall

accrue on the debt to the State of Connecticut, from the date of entry of this Consent Decree, at

the rate provided forin 28 U.S.C. § 1961.

12


VII. REMEDIAL MEASURES

Collection System Operation and Maintenance

11. On August 31,2010, the City submitted the following to EPA and RIDEM, using

the best information available at the time of submission. The City shall update this information

as new information becomes available or comes to light, and shall provide such updates as part

of the reports required by Paragraph 78.b of this Consent Decree:

a. an inventory of its Collection System that charaCterizes the age, condition,

type of construction, and operation of each element of its Collection System and provides for

further assessments where warranted;

b. an assessment of the capacity of critical elements of the Collection System

based upon available modeling;

c. an assessment of the City's preventive and reactive operation and

maintenance practices (the "CMOM Program Self-Assessment") conducted in accordance with

EPA's Guide for Evaluating Capacity. Management, Operation, and Maintenance (CMOM)

Programs at Sanitary Sewer Collection Systems (EPA 305-B-05-002, January 2005) (which is

attached as Attachment No.1). As part of the CMOM Program Self-Assessment, the City shall

complete and submit the Wastewater Collection System CMOM Program Self-Assessment

Checklist (the "CMOM Program Self-Assessment Checklist") (see Attachment No.2), which is a

Region 1 modification of the checklist that accompanies the guidance in Attachment No.1; and

d. a determination ofwhether improvements to the City's preventive.

maintenance practices are necessary in order to preserve the infrastructure of the Collection

13

City a/Newport Consent Decree

System and to prevent future overflows from the Collection System.

12. On October 29,2010, the City submitted a plan to correct any identified

deficiencies (the "CMOM Corrective Action Plan") to RlDEM for review, and to EPA for

review and Approval. The CMOM Corrective Action Plan shall include the following:

a. a list of any deficiencies identified by the CMOM Program Self-

Assessment;

b. a list of causes and contributing factors that led to the unauthorized

discharges identified in the CMOM Program Self-Assessment Checklist;

c. a description of the specific short- and long-term actions that the City is

taking, or plans to take, in addition to those measures required by this document, to address any

ofthe deficiencies identified during the completion of the CMOM Program Self-Assessment

Checklist; and

d. a schedule for the implementation of the corrective actions identified in

the CMOM Corrective Action Plan (the "CMOM Corrective Action Plan Implementation

Schedule").

13. Upon Approval by EPA, the City shall implement the CMOM Corrective Action

Plan submitted pursuant to Paragraph 12 in accordance with the approved CMOM Corrective

Action Plan Implementation Schedule.

Geographic Information System ("GIS") Map

14. By May 31,2011, the City shall develop, complete, and submit to RlDEM for

review, and to EPA for review and Approval, a digital or GIS Map of the City's Collection

14


System and storm sewer system to facilitate the development and implementation of its

extraneous flow reduction program. The GIS Map submitted on the above date shall include all

.information required below and collected following entry of this Consent Decree of the program

in accordance with the prioritization of information necessary for required sequencing of

program activities of the Remedial Meas\lres described in this Consent Decree. At a minimum,

the City shall prioritize the GIS mapping activities necessary to complete the Hydraulic Model

required by Paragraph 58 by April 30, 2011 and shall include information gathered from

activities necessary to identify and remediate public and private priority infiltration/inflow

sources as required in Paragraphs 50.e and 54.e. Additional GIS mapping shall be conducted to

further characterize the condition of the Collection System. Semi-annual updates of the GIS

Map shall be provided to EPA and RIDEM on January 31" and July 31" of each year, starting

January 31 sl 2012, and shall include the additional infonnation that is collected during

subsequent phases of the implementation of the Consent Decree pursuant to the reporting

requirements contained in the Consent Decree. The mapping shall provide a comprehensive

depiction ofkey infrastructure and factors influencing the proper operation and maintenance of

the City's Collection System and storm sewer system. Mapping themes shall include: sanitary

and storm sewer infrastructure, prior investigation and study findings, cleaning and repair

activities, capital projects, and water resource and topographic features. The scale and detail of

the maps shall be appropriate to facilitate an understanding of the Collection System and storm

sewer system by the City, EPA, RIDEM, and the Citizen Plaintiffs. In addition, the mapping

shall serve as a planning tool for the implementation of future extraneous flow reduction

15


remedies and shall delineate the extent of completed and planned investigations and corrections;

and other related capital projects. To ensure legible mapping, information shall be grouped

appropriately and represented thematically (e.g., by color-coding) with legends or schedules

where possible. Mapping shall be updated as necessary to reflect new information, corrections

or modifications. The following information and features, as modified with Approval, shaIJ be

included in the mapping;

Base Map.. Street names.. Private property delineations

Infrastructure.. Separate Portion of the Collection System (including inter-municipal

connections);.. Combined Portion of the CoIJection System;.. Municipal separate storm sewer system (including inter-municipal and private

connections where available);.. Thematic representation of sewer material, size, and age;.. Sewer flow direction and flow type (e.g., pressure, vacuum, gravity);.. Select rim and invert elevations (for comparison with water table and vertical

separation between systems); ... Aerial delineations of major separate storm sewer catchment areas, sanitary

sewersheds, combined sewersheds, and areas served by on-site subsurfacedisposal systems;

.. Common/twin-invert manholes or structures (i.e., structures serving orhousing both separate storm and sanitary sewers);

.. Sanitary and storm sewer alignments served by known or suspected underdrain systems; .

.. Sewer alignments with common trench construction and major crossingsrepresenting high potential for communication during high groundwaterconditions;

.. Jlump stations (public and private), and other key sewer appurtenances;

.. Sewersheds or sewer alignments experiencing inadequate level of service(with indication ofreason(s)); .

.. Location(s) of known sanitary sewer overflows ("SSOs") (with indication ofcause(s)); and

16

City ajNewport Consent Decree

., Location of all catch basins and their respective discharge locations

Water Resources and Topographic Features., Water bodies and watercourses identified by name;., Seasonal high water table elevations or sanitary sewer alignments impacted by

groundwater; and., Topography.

Pwiow Extraneous Flow Investigations, Remediation, and Capital Projects., Alignments, dates, and thematic representation of work completed (with

legend) ofpast extraneous flow investigations (e.g., flow isolation, dyetesting, CCTV, etc.);

• A list of locations of suspected, confirmed, and corrected illicit discharges tothe Separate Portion of the Collection System;

• Recent and plarmed sewer infrastructure cleaning and repair projects;., Alignments and dates ofpast and plarmed Infiltration/Inflow ("1/1")

investigations and sanitary sewer remediation work;., Plarmed Collection System and storm sewer system capital projects; and., Proposed phasing of future extraneous flow reduction measures.

Pump StationIForce Main Evaluations

15. On April 9, 2010, the City submitted to EPA and RIDEM a Scope of Work .

("Pump Station/Force Main SOW"), Approved by EPA on May 5, 2010, outlining the tasks,

methodology, and schedule for completion ofa Pump StationIForce MainAssessment report that

assesses the performance, hydraulic capacity, structural,and maintenance needs of all of the

City's Collectiqn System pump stations, force mains, emergency power, and alarm and telemetry

systems (thll "Pump StationIForce Main Assessment Report"). The Pump StationIForce Main

Assessment Report shall identify remedial measures, along with a proposed implementation

schedule, that are necessllrY to correct any deficiencies identified in the report. It shall also

recommend whether further investigations, including cleaning and televising of the force mains,

are warranted to assess their condition, to preserve the City's wastewater infrastructure, and to

17


prevent future force main failures. The Pump StationJForce Main Assessment Report shall

include an inventory of the age, diameter, length, and material of construction 'of each of the

City's pump station force mains. It shall further delineate the on-site evaluations, draw-down

testing and assessments of the force main age, size, material of construction, frequency of

pumping and the number of gallons pumped during each cycle that were the bases ofthe report's

recommendations. The Pump StationIForce Main Assessment Report shall provide the rationale

for excluding specific force mains from further investigations and shall also recommend the

implementation of long-term preventive maintenance measures and a schedule for their

implementation.

16. On September 29,2010, the City completed the investigations pursuant to the

City's Pump StationIForce Main Evaluation SOW and EPA's May 5, 2010 e-mail Approval.

Upon Approval by EPA of the Pump StationIForce Main Assessment Report, the City shall

implement the recommended remedial measures in accordance with the approved schedule.

Water Pollution Control Plant ("WPCP") Flow Optimization

17. Beginning March I, 20 I0, the City initiated a WPCP pilot program (the "WPCP .

. Flow Optimization Study") in accordance with the November 12,2009 CH2M HILL Standard

Operating Procedures. The City shall continue to perform the WPCP Flow Optimization Study

for a one-year period. The WPCP Flow Optimization Study shall evaluate the WPCP's

performance and the impacts associated with increasing the monthly average flow discharged

from the WPCP from 10.7 million gallons per day ("MGD") to 15.7 MGD including impacts of

equipment that was not fully functional during the testing period. During the WPCP Flow

18


Optimization Study the City shall comply with the sampling protocols included in CH2M

HILL's November 12, 2009 Standard Operating Procedures.

18. During the WPCP Flow Optimization Study, the City shall evaluate alternatives to

increase the monthly average flows to the WPCP while maintaining compliance with the

remaining conditions of its RIPDES permit, including Chemically-Enhanced Primary Treatment

("CEP't"), adequate screening and changes to the design and sizing of the facility headworks.

As part of the Flow Optimization Study, the City shall evaluate the technical feasibility, cost

benefit and regulatory aspects of implementing CEPT at its WPCP.

19. On March 31, 2010, the City submitted the CEPT Scope of Work ("CEPT SOW")

to RIDEM for review, and to EPA for review and Approval, outlining the jar testing and other

bench scale testing that shall be conducted during the WPCP Flow Optimization Study. Full

evaluation of the feasibility ofCEPT, if required, shall be included in development of the System

Master Plan pursuant to Paragraph 65. It is understood that by conducting this CEPT

evaluation, the City makes no commitment to implement CEPT at the WPCP.

20. The City shall complete the investigations outlined in the City's CEPT SOW, as

revised and resubmitted on June 17,2010. A description of the investigations and the results

shall be included in the WPCP Flow Optimization Study Report submitted pursuant to

Paragraph 21.

21. On March 30, 2011, the City submitted an engineering evaluation of the WPCP

Flow Optimization Study summarizing the results of its investigations and the projected effect on

the frequency and duration of the overflows at the Wellington Avenue and Washington Street

19


outfalls to RIDEM for review, and to EPA for review and Approval. This WPCP Flow

Optimization Study Report shall include recommendations for the future operation of the WPCP

during wet weather and a schedule for implementation of the recommendations. The WPCP

Flow Optimization Study Report shall also include a recommendation on the appropriate

monthly average flow limit to be included in the City's RIPDES permit.

22. Upon Approval by EPA, the City shall implement the recommendations of the

WPCP Flow Optimization Study Report.

Water Pollution Control Plant ("WPCP") Repairs

23. Consistent with Newport's January 25, 201 I letter to RIDEM, responding to

deficiencies noted in RIDEM's December 17, 20 I0 letter following its December 20 I0 WPCP

inspection (Attachment No.3), the City shall complete the following repairs to the WPCP by the

dates indicated below:

a. Return four (4) aerated grit blowers to operational condition by June 2011.

b. On April 15, 20II, all six (6) primary clarifiers were returned to

operational condition.

c. Return all four (4) secondary clarifiers to full operational condition by

June 15,2011.

d. Return five (5) chlorine feed pumps to operational condition by July 201 I. II

e. Retrofit all three (3) primary effluent pumps; one (l) by December 3I,

20lJ, two (2) by June 31, 2012, and all three (3) by December 31, 2012

f. On April 29, 2011, the City submitted a plan and schedule to repair all

20


solids handing equipment in compliance with the RIDEM Sludge Order of Approval and the

approved Operations and Maintenance manual, or, to redesign the facility's solids handling

.processes to meet present and future needs. If the City determines that new equipment is

required or intends to permanently abandon existing equipment, the appropriate applications for

approval (Le. construction and sludge order of approvals) and Operations and Maintenance

manual updates must be submitted to RIDEM

g. By April I, 20II, appropriate metering equipment to accurately record the

volumes of solids removed from the WPCP for disposal was installed and operational.

Wellington Avenue and Washington Street Treatment Facilities

24. The City shall conduct monitoring of the influents to, and discharges from, the

Wellington Avenue and Washington Street outfall overflows in accordance with the monitoring

plan included as Attachment No.4, including any modifications to monitoring locations

delineated therein. The monitoring results shall be submitted to EPA and the iUDEM within 15

calendar days of the month in which the monitoring was conducted as a separate attachment to

the monthly Discharge Monitoring Report (DMR) for the WPCP.

25. On August 31, 2010, the City submitted an engineering evaluation of the

operation of the Wellington Avenue treatment facility, the Narragansett Avenue Storage Conduit

and the Washington Street treatment facility to RIDEM for review, and to EPA for review and

Approval. The evaluation is required to include recommendations for optimizing the operation

of the evaluated facilities pending the completion of long-term remedial measures and a

proposed schedule for implementing the recommendations.

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26. Upon Approval by EPA, the City shall implement the recommendations for

optimizing the operation of the evaluated facilities.

27. By May 31, 2011, the City shall finalize and submit to RIDEM for review, and to

EPA for review and Approval, its Operations and Maintenance Plan that integrates the operations

of the WPCP, Wellington Avenue pump station, the Narragansett Avenue Storage Conduit, and

the Washington Street pump station to maximize the level oftreatment of wet·weather flows

pending the implementation of a final remedy to eliminate overflows.

28. The City shall implement the Operation and Maintenance Plan submitted pursuant

to Paragraph 27 upon its Approval by EPA.

Preference for Low Impact Development

29. The City shall encourage the use of low impact development (LID) strategies and

techniques as the means ofreducing Infiltration and Inflow to the Collection System..

30. The City shall comply with the provisions of the Rhode Island Stormwater Design

and Installation Standards Manual (as published in December 2010 or revised thereafter), and

shall give preference to low impact development (LID) as specified therein.

Wellington Avenue Outfall Sewershed Prior Extraneous Flow Investigations

3 \. On June 1,2010, Newportsubmitted a review of the recommendations contained

in all prior extraneous flow investigations in the catchments tributary to the Wellington Avenue

Overflow Outfall regarding public sources of extraneous flow and a consolidated summary and

plan (the "Initial Wellington Avenue Extraneous Flow Remedial Plan") to RIDEM for review,

and to EPA for review and Approval, .

22


32. Upon Approval by EPA, the City shall implement the recommendations contained

in the Initial Wellington Avenue Extraneous Flow Remedial Plan in accordance with the.

approved Initial Wellington Avenue Extraneous Flow Remedial Plan Implementation Schedule.

Initial Collection System Remediation and Replacement Measures

33. The City shall complete the projects identified in Paragraphs 34 to 47 in

accordance with the schedules delineated hereunder. For the purposes of these Paragraphs, the

date ofthe completion of the projects shall be the date the constructed facilities were placed into

operation, and does not necessarily include completion ofperipheral tasks ofthe projects such as

street repair, clean-up, or other activities that may depend on other City departments or

functions. Upon submission of the notification of the completion of each project, the City shall

submit a schedule for completion of any remaining peripheral tasks.

34. On November 20,2009, the City completed rehabilitation and replacement of the

Long Wharf Force Main Project and permanently sealed the Long WharfCSO (Outfall 003A).

In November, 2009, the City issued a "Notice to Proceed" with the construction of the Railroad

Interceptor Sanitary Sewer Line Improvement Project.

35. On or before June 30, 2010, the City completed construction of the Railroad

Interceptor Sanitary Sewer Line Improvement Project.

36. On February 1,2010, the City initiated construction of the replacement of

approximately 8500 linear feet of sanitary sewers on 20 different streets deemed the High

Priority Sewer Pipe Replacement Project in the City's September 4, 2009 letter to EPA, the

RIDEM, and Citizen Plaintiffs.

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'City a/Newport Consent Decree

37. On December 28, 2010, the City submitted a letter regarding revisions to the High

.Priority Sewer Pipe Replace Project described above. This letter addressed the City's reported

discovery of soils regulated by the RIDEM Office of Waste Management ("Regulated Soils") at

previously identified segments of the Project, the subsequent suspension of replacement of

affected segments, a list of the suspended segments, and a list of the segments where

replacement work is proceeding.

38. By December 28,2010, the City completed construction of the replacement of

approximately 3,700 linear feet of sanitary sewers on eight different streets identified in the High

Priority Sewer Pipe Replacement Project.

39. By July 31, 2011, the City shall submit a revised plan to address sewer pipes not

replaced as part of High Priority Sewer Pipe Replacement Project referenced in Paragraph 36,

because ofthe reported discovery of Regulated Soils at these locations ("Revised High Priority

Replacement Plan"). The Revised High Priority Replacement Plan shall also include the

identification of additional high priority sewer pipe replacement or rehabilitation projects

identified through the Wellington Avenue Outfall Additional Extraneous Flow Investigations

(Paragraphs 50 and 51, below) or other studies undertaken by the City. The Plan shall include a

schedule for the design and construction of all necessary work.

40; On March I, 2010, the City initiated the disconnection of the storm water catch

basins identified in the Amendment to the Phase I Part 2 Catchment Area 6 report prepared by

Earth Tech Inc. for which the plans and specifications were submitted to the RIDEM on July 1,

2009.

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41. By June 30, 20 I0, the City had substantially completed the disconnection of the

storm water catch basins identified in the Amendment to the Phase I Part 2 Catchment Area 6

report.

42. On April 29, 2010, the City submitted plans and specifications for the Wellington

Avenue Interceptor Replacement project, as delineated in the March 2009 Phase 2 CSO Control

Plan, Wellington Avenue CSO Facility, ("Phase 2 Plan") submitted to the RIDEM.

43. On October 13,2010, the City submitted plans and specifications for the Thames

Street Interceptor Rehabilitation project, as delineated in the Phase 2 Plan.

44. On August, 11,2010, the City awarded a contract for construction of the

Wellington Avenue Interceptor Replacement project, as delineated in the Phase 2 Plan.

45. On October 13,2010, the City awarded a contract for construction of the Thames

Street Interceptor Rehabilitation project, as delineated in the Phase 2 Plan.

46. By April 30, 2011, the City shall complete construction of the Wellington Avenue

Interceptor Replacement project, as delineated in the Phase 2 Plan.

47. By June 30, 2011, the City shall complete construction of the Thames Street

Interceptor Rehabilitation project, as delineated in the Phase 2 Plan.

Wellington Avenue Outfall Sewershed Private Extraneous Flow Investigations

48. On December 23,2010, Newport submitted a report containing street maps of the

Sewershed tributary to the Wellington Avenue Outfall to RIDEM for review, and to EPA for

review and Approval, This map shall delineate the location of all properties within the

Sewershed, the location of each property that was inspected, and the location of each property

25

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that was determined to be an actual, or potential, source of extraneous flow to the Collection

System during the Phase I, Part 2 Sewer System Evaluation Survey ("SSES") or any of the

City's other investigations. The map shall highlight those properties that have disconnected

extraneous flows from the Collection System as well as those properties that the City has yet to

inspect due to refused entry or lack of response. The City shall supplement the map with:

a. a description and address listing of all private sources of extraneous flow

tributary to the Wellington Avenue Outfall identified during the Phase I, Part 2 SSES or other

extraneous flow investigations;

b.a listing of all private sources of extraneous flow that have implemented

remedial measures;

c. the type of remedial measure that was implemented;

d. the date the remedial measure was implemented;

e. the date that the property was re-inspected to verifY that the extraneous

flow remains redirected;

f. the measures that the City plans to use in the future to verify the

redirection ofprivate sources of extraneous flow, and a schedule for their implementation;

g. the measures that the City plans to implement to require elimination of

remaining private sources of excessive infiltration and inflow and to redirect such flows,

including a schedule for implementation of such measures; and

h. the measures that the City plans to take to inspect those remaining

properties where entry has been refused or an inspection has not been conducted due to a lack of

26


response and a schedule for their implementation.

49. Upon Approval by EPA, the City shall implement the measures submitted

pursuant to Paragraph 48 in accordance with the approved schedules.

Wellington Avenue Outfall Additional Extraneous Flow Investigations

50. By July 3I, 20 II, the City shall submit to RIDEM for review, and to EPA for

review and Approval, a report delineating the results of the additional III investigations

conducted to identify and quantify extraneous sources of groundwater, tidal, and rainfall-induced

infiltration, and inflow within the Wellington Avenue Sewershed (the "Wellington Avenue

. Outfall Additional Extraneous Flow Investigations Report"). The Wellington Avenue Outfall

Additional Extraneous Flow Investigations Report shall include a description of the catchments

that are tributary to, or contribute to, the Wellington Avenue Outfall and shall:

a. include a map of the Sewershed that delineates all catchments, streets,

water courses, the location ofall key manholes, all major branch, trunk, and interceptor sewers,

pump stations, force mains, overflow points, and wastewater treatment facilities. The map(s)

must also differentiate force mains from gravity sewers, provide the direction of flow and

indicate the size of all interceptor sewers. The boundaries of each catchment being investigated

must be clearly indicated. The degree that each catchment is broken down to sub-catchments for

the purpose of identifying extraneous flow sources shall be determined by the significance of

extraneous flow from that catchment. A prioritization scheme and assessment of cost-benefit

shall be developed as part of the task and in conjunction with flow information collected through

the metering program described above;

27

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b. quantifY groundwater, tidal infiltration, and inflow components of

extraneous flow during periods of wet weather and high and low groundwater for each

catchment;

c. identifY and quantifY the level of peak rainfall-induced infiltration for each

catchment by evaluating continuous flow monitoring records for the period beginning no earlier

than 12 hours after the end of a 1.00" or greater storm event measured during a 24-hour period,

and ending no later than 24 hours following the same event;

d. include the City's rationale for excluding additional III investigations in

any portion of any catchment that is tributary to, or contributes to, the Wellington Avenue

Outfall Overflow;

e. include the results ofthe additional flow isolation and public and private

inflow priority investigations conducted by the City in those catchments that were established as

a result of the City's review of the individual hydrographs for each of its continuous monitoring

locations. The remedial measures recommended to resolve these identified priority sources of

public and private infiltration/inflow and the related implementation schedules shall constitute a

separate section of the Report; and

f. include recommendations for the additional extraneous flow investigations

of catchments determined to contain excessive III, necessary to identifY and quantifY both public

and private sources of groundwater, tidal, and rainfall-induced infiltration and inflow. The

additional extraneous flow investigation recommendations and Wellington Avenue SSES

implementation schedule shall constitute a separate section within the Wellington Avenue

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Additional Extraneous Flow Investigations Report and shall constitute the Wellington Avenue

Outfall SSES Scope of Work ("Wellington Avenue Outfall SSES SOW").

51. Upon Approval by EPA, the City shall implement the identified priority remedial

measures as well as the additional extraneous flow investigations included in the Wellington

Avenue Outfall SSES SOW and submit a Wellington Avenue SSES Report to EPA and RIDEM

in accordance with the approved schedule.

Contents of Wellington Avenue SSES Report

52. The Wellington Avenue SSES Report shall identifY remaining sources of

Excessive III, and shall include a comprehensive plan for their elimination. The report will

prioritize projects for removal ofIlI considering the amount ofI/I, the location, the type of

remedial action and other factors. The report shall include, but need not be limited to the

following information for the catchments that are tributary to, or contribute to, the Wellington

Avenue Outfall Overflow:

Infiltration/Inflow - Public Sources

a. an updated listing of all public sources ofIlI;

b. a listing of the public sources of III that were determined to be excessive;

c. cost-effectiveness analyses that determine which public sources of III are

more cost-effective to remediate than to transport and treat, arid a narrative description of the

bases of the analyses;

d. proposals for rehabilitating or replacing each structurally-deficient

component identified during the Wellington Avenue SSES, and a schedule for implementing the

29


recommended rehabilitation/replacement measures, including engineering design and

construction; and

e. proposals for rehabilitating each public source of excessive III that include

engineering design and construction, and a schedule for implementing the proposals.

InfiltrationlllilfloVl' - Private SOllrces

f. For each catchment in which excessive rainfall-induced private infiltration

or inflow is determined to exist pursuant to the procedures detailed above, the Wellington

Avenue SSES Report shall include, but need not be limited to, the foIlowing information:

i. an update of the map, address listing and other information

required pursuant to Paragraph 48 of this document;

ii. a determination ofwhether it is more cost-effective to redirect

identified private sources of extraneous rainfall-induced infiltration and inflow or to modifY the

Collection System to convey the extraneous flow to the City's WPCP. The analysis shall

include, but need not be limited to:

(I) a generalizedischen'llitic level assessment of whether

conditions permit redirection of the identified sources to the ground and the range ofhomeowner

costs associated with this type of remedial measure;

(2) an assessment of the availability of storm sewers and storm

sewer capacity including whether the municipal storm sewer system can be extended to receive

the identified extraneous flow sources and the range of homeowner costs associated with this

type of remedial measure;

30


(3) an assessment of the cost of conveying the extraneous flow

to the WPCP without exacerbating downstream overflows;

(4) recommendations regarding the disposition of each

identified private source of extraneous flow;

(5) the framework of a City-wide public education plan to

promote the elimination ofprivate sources of rainfall-induced infiltration and inflow and a

schedule for the plan's implementation;

(6) an evaluation of whether changes in the City's ordinances

or by-laws are necessary to implement or facilitate the planned remedial measures. If the City

determines that changes in the City's ordinances or by-laws, or in the ordinance(s) of other

entities that contribute wastewater to the City's Collection System are necessary to implement or

facilitate the planned remedial measures, the City shall submit a proposed schedule for

implementing said ordinances or by-laws, and shall notify the other entities that contribute

wastewater to the City's Collection in writing of the changes requested to their ordinances; and

(7) a schedule to implement the private extraneous source

reduction recommendations ofthe SSES.

Wellington Avenue SSES Report Implementation Schedule


Wellington Avenue SSES Report in accordance with the approved schedules.

Washington Street Outfall Sewershed Extraneous Flow Investigations

, 54. By September 30, 2011, the City shall submit a report to RIDEM for review, and

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to EPA for review and Approval, delineating the results of the additional III investigations

conducted to identifY and quantifY extraneous sources of groundwater, tidal, and rainfall-induced

infiltration, and inflow within the Washington Street Sewershed (the "Washington Street Outfall

Additional Extraneous Flow Investigations Report"). The Washington Street Outfall Additional

Extraneous Flow Investigations Report shall include a description of the catchments that are

tributary to, or contribute to, the Washington Street Outfall and shall:

a. include a map of the Sewershed that delineates all catchments, streets,

water courses, the location ofall key manholes ofthe Collection System where the City

conducted flow monitoring during the investigations, all major branch, trunk, and interceptor

sewers, pump stations, force mains, overflow points, and wastewater treatment facilities. The

map(s) must also differentiate force mains from gravity sewers, provide the direction of flow and

indicate the size of all interceptor sewers. The boundaries of each catchment being investigated

must be clearly indicated;

b. quantifY groundwater and tidal infiltration, and inflow components of

extraneous flow during periods of high and low groundwater for each catchment;

c. identifY and quantifY the level ofpeak rainfall-induced infiltration for each

catchment by evaluating continuous flow monitoring records for the period beginning no earlier

than 12 hours after the end of a 1.00" or greater storm event measured during a 24-hour period,

and ending no later than 24 hours following the same event;

d. include the City's rationale for excluding additional III investigations in

any portion of any catchment that is tributary to, or contributes to, the Washington Street Outfall

32

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Overflow;

e. include the results of the additional flow isolation and public and private

inflow priority investigations conducted by the City in those catchments that were established as

a result of the City's review of the individual hydrographs for each of its continuous monitoring

locations. The remedial measures recommended to resolve these identified priority sources of

public and private infiltration/inflow and the related implementation schedules shall constitute a

separate section of the Report; and

f. include recommendations for the additional extraneous flow investigations

of those catchments determined to contain Excessive III necessary to identifY and quantify both

public and private sources of groundwater, tidal and rainfall-induced infiltration, and inflow.

The additional extraneous flow investigation recommendations and Washington Street SSES

implementation schedule shall constitute a separate section within the Washington Street

Additional Extraneous Flow Investigations Report and shall constitute the Washington Street

Outfall SSES Scope of Work ("Washington Street Outfall SSES SOW").

55. Upon Approval by EPA, the City shall implement the identified priority remedial

measures and the additional extraneous flow investigations included in the Washington Street

Outfall SSES SOW and submit a Washington Street SSES Report ("Washington Street SSES

Report") to EPA and RIDEM in accordance with the approved schedule.

Contents ofthe Washington Street SSES Report

56. The Washington Street SSES Report shall identifY remaining sources of

Excessive III, and shall include a comprehensive plan for theirelimination. The report will

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prioritize projects for removal of III considering the amount of 1/1, the location, the type of

remedial action and other factors. It shall include, but need not be limited to the following

information for the catchments that are tributary to, or contribute to, the Washington Street

Outfall Overflow:

lilllfnBtrllltiollllIlllfiow - ll'jlblic SOllrces

a. an updated listing of all public sources ofI/I;

b. a listing ofthe public sources ofIlI that were determined to be excessive;

c. cost-effectiveness analyses that determine which public sources of III are

more cost-effective to remediate than to transport and treat, and a narrative description of the

bases of the analyses;

d. proposals for rehabilitating or replacing each structurally-deficient

component identified during the Washington Street SSES, and a schedule for implementing the

recommended rehabilitation/replacement measures, including engineering design and

construction; and

e. proposals for rehabilitating each public source of excessive III that include

engineering design and construction, and a schedule for implementing the proposals.

Infiltration/Inf1ow - Private Sources

f. identification of each catchment that contributes to the Washington Street

Outfall Overflow in which excessive rainfall-induced infiltration or inflow is determined to exist;

g. For each catchment in which excessive rainfall-induced infiltration or

inflow is determined to exist pursuant to the procedures detailed above, the Washington Street

34

City o/Newport Consent Decree

SSES Report shall include, but need not be limited to, the following information:

I. an update of the map, address listing and other information

required pursuant to Paragraph 48 of this document;

ii. a determination ofwhether it is cost-effective to redirect identified

private sources of extraneous rainfall-induced infiltration and inflow or to modify the Collection

System to convey the extraneous flow to the City's WPCP. The analysis shall include, but need

not be limited to:

(1) a generalized/schematic level assessment of whether

conditions permit redirection of the identified sources to the ground and the range of homeowner

costs associated with this type of remedial measure;

(2) an assessment of the availability of storm sewers and storm

sewer capacity including whether the municipal storm sewer system can be extended to receive

the identified extraneous flow sources and the range of homeowner costs associated with this

type of remedial measure;

(3) an assessment of the cost of conveying the extraneous flow

to the WPCP without exacerbating downstream overflows;

(4) recommendations regarding the disposition ofeach

identified private source of extraneous flow; and

(5) a schedule to implement the private extraneous source

reduction recommendations of the SSES.

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Washington Street SSES Report Implementation Schedule


Washington Street SSES Report in accordance with the approved schedules.

Hydraulic Model And Report

58. On April 29, 2011, the City prepared and submitted to RIDEM for review, and to

EPA for review and Approval, an updated report (the "Hydraulic Modeling Report") on its

hydraulic model of the Collection System (the "Model") that includes all areas tributary to the

WPCP. The Model shall evaluate portions of the Collection System that include contiguous

interceptor sewers, 12-inch and greater (unless modeling of smaller diameter sewers is necessary

for adequate model calibration/verification) that are upstream of the Wellington Avenue and

Washington Street outfalls. Isolated surcharges shall be addressed under the Sewer System

Evaluation Surveys for the respective Sewersheds that will be prepared pursuant to Paragraphs

52 and 56. The City shall use the Model to:

a. assess the hydraulic .capacity of each catchment that is tributary to, or

which contributes to, the Wellington Avenue and Washington Street Overflows;

b. identify the appropriate remedial measures to address all capacity

limitations identified in the Collection System;

c. provide a detailed understanding of the Collection System's response to

seasonal groundwater conditions, tidal fluctuations, and wet-weather events; and

d. evaluate the impacts of the proposed remedial measures and related

removal of extraneous flows.

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59. The City shall configure the Model to accurately represent the Collection System

that is tributary to, or which contributes to, the Wellington Avenue and Washington Street

Outfall overflows in accordance with currently accepted engineering practice. The City may

model its Collection System in different levels of detail and with different types of models, as

necessary, to identify the causes of all known capacity-related overflows and to assess proposed

remedial measures to eliminate those overflows. The City shall also identify critical antecedent

and seasonal Collection System flow contributions that contribute to the capacity-related

overflows.

60. The City shall configure the Model using adequate, accurate, and sufficiently

current physical data (including, but not limited to, invert and ground elevations, pipe diameters,

slopes, pipe run lengths, Manning roughness factors, manhole sizes and configurations, and

pump station performance factors) for its Collection System. In particular, the City shall

sufficiently field verify physical data to allow calibration and verification of the Model.

61. The City sh.all calibrate and verify the Model using appropriate rainfall data,

actual hydrographs and Collection System flow data. The City shall use an approved data set(s)

for calibration and verification. As partof the calibration process, the City shall either use

existing sensitivity analyses for the selected Model, or carry out its own sensitivity analyses,

such that calibration effectiveness is maximized.

62. The Hydraulic Modeling Report submitted pursuant to Paragraph 58 shall include

the following:

a. a description ofthe Model;

37

·City a/Newport Consent Decree

b. specific attributes, characteristics, and limitations ofthe Hydraulic Model;

c. identification of all input parameters, constants, assUmed values, and

expected outputs;

d. digitized map(s) and schematics that identifY and characterize the portions

(including the specific gravity sewer lines) of the Collection System that shall be included in the

Model;

e. identification of input data to be used;

f. configuration of the Model;

g. procedures and protocols for performance of sensitivity analyses (Le., how

the Model responds to changes in input parameters and variables);

h. procedures for calibrating the Model to account for values representative

of the Collection System actual system data (e.g., flow data); and

L procedures to verify the Model's performance using additional,

independent actual system and WPCP data (e.g., flow data).

Collection System Capacity Assessment

63. By November 30,2012, the City shall submit a professional engineering,

evaluation of the conveyance capacity of all Sewersheds that are tributary to, or contribute to,

capacity-related overflows, including the overflows from the Wellington Avenue and

Washington Street Outfalls (the "Capacity Assessment") to RIDEM for review, and to EPA for

review and Approval. The Capacity Assessment shall utilize the Model developed pursuant to

Paragraphs 58 through 62 ofthis document and shall include an evaluation of all interceptor

38


sewers, pump stations, force mains and known areas of Collection System surcharges, and any

other portions of the Collection System that must be assessed so as to allow for a technically

sound evaluation of the causes of all capacity-related overflows. It shall also:

a. identify the capacities of the portions of the Collection System upstream

and downstream of the Wellington Avenue and Washington Street Outfalls and compare those

capacities to existing and future projected wet-weather flows. The Capacity Assessment shall

identify those portions of the Collection System that experience, have caused, or are expected to

cause or contribute to capacity-related BuildinglPrivate Property Backups, Collection System

surcharges or overflows, or overflows from the Wellington Avenue or Washington Street

outfalls;

b. consider local rainfall data, critical antecedent in-system flow conditions,

and the impact of a range of rainfall events (based on return frequency and duration for an

appropriate continuous period ofrainfall records) on peak wet-weather flows within those

portions of the City's Collection System that are tributary to, or contribute to, capacity-related

overflows, including the Wellington Avenue and Washington Street Outfall overflows;

c. characterize the Collection System performance by identifying, for each

condition considered, each pipe segment operating in surcharged condition and each manhole or

structure at which a surcljarged condition or overflow might be expected to occur;

d. include as a separate section a summary detailing the progress made to

date on the improvements to the Collection System to eliminate overflows from the Wellington

Avenue and Washington Street outfalls;

39


e. include recommendations and a schedule for the implementation of

structural measures required to prevent Collection System surcharges and overflows. The

anl!lyses shall also include a map noting the location of any potential relief or replacement

sewers and size of all downstream interceptors and pumping stations; and

f. evaluate the City's ability to eliminate the Wellington Avenue and

Washington Street Outfall overflows based on the Collection System work performed and

Collection System rehabilitation and remedial measures planned for the future.


Capacity Assessment in accordance with the approved schedules.

65. If the City determines that its proposed Collection System replacement and

rehabilitation remedial measures, its public infiltration/inflow, private rainfall-induced

infiltration and inflow removal programs, and its WPCP flow optimization will not result in the

elimination of overflows, including overflows from the Wellington Avenue and Washington

Street Outfalls, then the Capacity Assessment shall include an identification and evaluation of

additional measures to eliminate such overflows ("System Master Plan") including, but not

limited to implementation of CEPT, off-line and in-line storage, upgrades to the WPCP to

increase its design flow, and pump back storage (e.g., tunnels). The System Master Plan shall

also integrate the results of the WPCP evaluation and the CEPT feasibility studies, along with

other measures including the City's on-going Collection System replacement and rehabilitation

remedial measures, sewer separation options, the City's public infiltration/inflow and private

rainfall-induced infiltration and inflow removal programs, and other specific short- and long-

40


term measures for preventing (and, to the extent they may not be able to be prevented, for

controlling and treating) overflows. If the System Master Plan determines that overflows from

the Wellington Avenue and Washington Street outfalls cannot be eliminated, the System Master

Plan shall also include all the information required by EPA's "Combined Sewer Overflows:

Guidance For Long-Term Control Plan," EPA 832-B-95-002, September 1995, so that the RI

DEM and EPA can determine if, and under what conditions, certain overflows may be authorized

under applicable statutory or regulatory requirements.

66. The System Master Plan shall include a schedule for complete implementation of

recommended measures and remedial work by June 30, 2018, unless, based on the review and

regulatory Approval ofthe recommendations of the System Master Plan, an alternate end date is

agreed upon by the Parties.

67. Upon Approval by EPA, the City shall implement the measures submitted

pursuant to Paragraph 65 and 66 in accordance with the approved schedules.

68. At all times prior to the date by which the Defendant is required to achieve

compliance with Paragraph 67, the Defendant shall operate the WPCP and Collection System to

maximize compliance with the CWA, the Rhode Island Act, and the Newport RIPDES Permit.

Rainwater Harvesting Systems

69. The Defendant shall implement in accordance with the following schedule a

program to purchase, promote, and install rainwater harvesting systems designed to capture

runoff from rooftops where roof drainage systems are now connected or directly tributary to the

sanitary sewer system and store the water for nonpotable uses, such as lawn and garden

41

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watering, in order to reduce inflow into the Collection System:

a. By September 30,2011, the Defendant shall purchase a minimum of 500

rainwater harvesting systems of a minimum capacity of 55 gallons for use on City buildings,

residential buildings, or business buildings within the City ofNewport.

b. By October 31, 2011, The Defendant shall undertake publicity and a

public education campaign to promote awareness of rainwater harvesting systems and encourage

their use.

c. The Defendant shall provide technical support for installation and use of

rainwater harvesting systems to residents and businesses through September 30, 2012.

d. By June 30, 2012, the Defendant shall have completed the installation of

rainwater harvesting systems in City buildings and will have used best efforts to complete

distribution of any systems to residents or businesses within Newport.

e. If Newport is unable to install or distribute all rainwater harvesting

systems by June 30, 2012, it shall seek EPA Approval for the donation of the systems to

organizations or other towns near Newport for the use or further distribution by these entities.

VIII. STORMWATER FROM EASTON'S POND MOAT

70. This section of the Consent Decree is applicable to the claims raised by Citizen

Plaintiffs under the General Stormwater Permit. The Citizen Plaintiffs have alleged that the

discharges to Easton's Beach from Easton's Pond Moat ("the Moat discharge") are in violation

of the General Permit and the City, while denying those allegations, has chosen to install and

operate an ultraviolet treatment system to remove bacteria from the stormwater discharged from

42

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.city ofNewport Consent Decree

Easton's Pond Moat.

71. On or before May 27,2011 (the beginning of Memorial Day weekend), the City

shall have installed the ultraviolet treatment system or some other mechanism for reducing the

bacteria content of the Moat discharge ("the treatment system") and shall have taken the steps

necessary to make that system operational. Provided that the City receives sufficient cooperation

from the Department of Transportation ("DOT") to permit such relocation, the City will also

relocate DOT's Easton's Beach stormwater outfall such that it discharges into Easton's Pond

Moat ("the Moat") at a point upstream from the treatment system.

72. Thereafter, the City shall conduct a monitoring program to measure the level of

Enterococcus bacteria in Easton's Pond Moat as set forth in this section of the Consent Decree.

The monitoring program shall be conducted over the period from the beginning of Memorial Day

weekend through the end of Labor Day weekend (the "monitoring season"), and shall be

conducted in accordance with the specifications contained herein. The storm events selected for

monitoring shall be selected in an attempt to conduct a representative sampling of storm events

over the monitoring season.

73. During 20 II, such monitoring will be conducted during five separate storm

events. If the geometric mean Enterococcus value in the effluent channel immediately

downstream from the treatment system is 104 colonies/I 00 milliliters of effluent ("104 cfu") or

lower for all five of these storm events, then the City need only conduct such monitoring during

three separate storm events during the 2012 monitoring season. If the geometric mean

Enterococcus value in the effluent channel immediately downstream from the treatment system

43


is higher than 104 cfu for anyone or more of these five 20 II storm events, then the City will

conduct such monitoring during four separate storm events during the 2012 monitoring season.

74. If the geometric mean Enterococcus value in the effluent channel immediately

downstream from the treatment system is 104 cfu or .lower for all of the storm events sampled in

2012 in accordance with the preceding paragraph, then the City need conduct no further

monitoring of the Moat discharge under this Consent Decree. If the geometric mean


is higher than 104 cfu for one or more of the storm events sampled in 2012 in accordance with

the preceding paragraph, then the City will conduct such monitoring during the 2013 monitoring

season for as many storm events as were required to be monitored during the 2012 monitoring

season..

75. If the geometric mean Enterococcus value in the effluent channel immediately

downstream from the treatment system is 104 cfu or lower for all of the storm events sampled in

2013 in accordance with the preceding paragraph, then the City need conduct no further

monitoring of the Moat discharge under this Consent Decree. Ifthe geometric mean


is higher than 104 cfu for one or more of the storm events sampled in 2013 in accordance with

the preceding paragraph, then the Citizen Plaintiffs and the City shall conduct informal

negotiations as to the appropriate additional measures to be taken to ensure compliance with the

104 cfu standard, and the City shall implement the agreed measures. Should they not be able to

agree, either the Citizen Plaintiffs or the City may apply to the Court for relief.

44

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76. For each stonn event monitored under the provisions of this section of the

Consent Decree, the monitoring shall be conducted as is set forth in this paragraph.

a. All sampling will be done using current approved EPA or State of Rhode

Island sampling guidance, and the resultant samples will be handled and analyzed in accordance

with 40 C.F.R. Part 136.

b. Monitoring ofInfluent to and Effluent from Treatment System.

i. During each stonn event, a minimum of five grab samples will be

collected from both the influent to and the effluent from the treatment system. The first of these

samples will, if reasonably possible, be taken during the "first flush" of the stonn event.

Samples will be analyzed to measure the level ofEnterococcus bacteria and TSS.

ii. Influent samples will be collected from the influent channel

directly above the pumps to the treatment system.

iii. Effl\lent samples will be collected from the effluent channel

directly downstream ofthe treatment system. Each of these samples will be taken as close in

time as reasonably possible to the corresponding sample taken from the treatment system

influent.

c. Monitoring of Moat Discharge

i. During each stonn event, a minimum of five grab samples will be

collected from the moat discharge. Each of these samples will be taken as close in time as

reasonably possible to the corresponding samples taken from the treatment system influent and

effluent. Samples will be analyzed to measure the level ofEnterococcus bacteria and TSS.

45


Ii. The Moat discharge samples will be collected from the center of

the Moat channel at the end of the retaining wall for the Easton's Beach parking lot.

77. The City shall provide copies of the results of all monitoring conducted under this

section of the Consent Decree to RIDEM on a timely basis, with contemporaneous copies to the

Citizen Plaintiffs.

IX. REPORTS ON COMPLIANCE

78. The City shall submit to Plaintiffs the following reports regarding its compliance

with this Consent Decree:

a. Beginning with the first calendar quarter following the Effective Date of

this Consent Decree and each calendar quarter thereafter for a four-year period, the City shall

submit on the thirtieth day of each month following the 'end of such quarter, a written report, in

accordance with Section XV (Form ofNotice) ofthis Consent Decree, regarding the status of its

compliance with Section VII (Remedial Measures) of this Decree. After the four-year period,

written reports shall be required semi-annually, within 30 days of June 30th and December 31 st,

until termination of the Decree. Each Compliance Report shall include, at a minimum, the

following items:

i. A description of the activities undertaken during the reporting

period directed at achieving compliance with this Consent Decree;

ii. An identification of all plans, reports, and other submissions

required by this Consent Decree that the Defendant completed and submitted during the

Reporting Period;

46


iii. A description of the activities the Defendant plans to undertake

during the next Reporting Period in order to achieve compliance with this Consent Decree; and

iv. An identification of any noncompliance with the requirements of

this Consent Decree. If any noncompliance is reported, the notification shall include the

following information:

1) A description of any actions taken or proposed by the

Defendant to comply with any lapsed requirements;

2) Adescription of any factors that tend to explain or mitigate

the noncompliance; and

3) The date by which the Defendant will perform the required

action.

v. An identification of any violations of the numeric limits in the

Newport RIPDES Permit for total residual chlorine, fecal coliform, BODs, TSS,

BODs % removal, and TSS % removal at outfall OOJA occurring during the

reporting period, and, for each such violation, an explanation of the cause of the

violation:

b. Beginning January 31, 2012, and annually thereafter, the City shall

submit, in accordance with Section XV (Form ofNotice) ofthis Consent Decree, a report (the

"CMOM Program Implementation Annual Report") detailing the actions taken by the City

during the prior calendar year, or known by the City to have been taken by other parties, to

resolve the deficiencies identified in the CMOM Corrective Action Plan. The CMOM Program

47


Implementation Annual Report shall also include, at a minimum:

i. Lists of each of the following categories of SSO events that

occurred during the prior calendar year organized chronologically, including, but are not limited

to, all releases with a reasonable potential to reach surfaces waters, as well as any releases of

wastewater from the Collection System to public or private property that do not reach waters of

the United States, including Building/Private Property Backups. Each of the lists shall include,

but need not be limited to, the following information:

I) The date and time(s) when each event was

di~coveredlreported and was stopped;

2) The location by address;

3) The final disposition of the SSO, e.g., whether it discharged

to the ground, street, or surface water, including: the name ofthe water body, street, or

intersecting streets nearest the SSO; and, if the release occurred to the ground or street, the name·

of the nearest downgradient water body or storm water catch basin and the name of the receiving

water of the storm sewer system;

4) The source of the notification (e.g., property owner, general

public, field crew, police);

5) The cause(s) of the event (e.g., vandalism, sediments, roots,

grease, mechanical, electrical and structural failures, capacity issues);

6) A determination ofwhether the event was caused by

blockages or hydraulic limitations within the Collection System;

48

City ojNewport Consent Decree

7) The measures taken to stop the event;

8) The estimated gallons of wastewater released, the estimated

gallons ofwastewater that reached a surface water, and the bases for those estimates;

9) The date the SSO event was reported to the RIDEM;

10) The date of the last SSO that occurred at the event location;

and

II) A GIS map or figure, consistent with the requirements of

Paragraph 14 indicating the location of each SSO event including BuildinglPrivate Property

Backups

79. The reporting requirements set forth in this Section do not relieve the Defendant

of its obligation to submit any other reports or information as required by federal, State, or local

law or regulation. EPA reserves the right to review and require modifications to the above

reporting requirements.

X. APPROVAL OF SUBMISSIONS

80. After review of any plan, schedule, report, or other item that is required to be

submitted for Approval by EPA pursuant to this Consent Decree, EPA shall in writing: (a)

approve, in whole or in part, the submission; (b) approve, in whole or in part, the submission

with specified conditions; (c) modify, in whole or in part, the submission to cure the deficiencies;

(d) disapprove, in whole or in part, the submission, directing that the Defendant modify the

submission; or (e) any combination of the above, and shall provide copies thereof to the other

Parties.

49

i.


81. In the event ofApproval, Approval with conditions, and/or modification by EPA

pursuant to Paragraph 80(a), (b), or (c), the plan, schedule, report, or other item, or portion

thereof, as Approved, Approved with conditions, and/or modified by EPA shall be enforceable

under this Consent Decree, and the Defendant shall take all actions required to implement such

plan, schedule, report, or other item, or portion thereof, in accordance with the Approval,

Approval with conditions, and/or modification issued by EPA.

82. In the event that the Defendant submits a deficient plan, schedule, or other item,

and EPA modifies the submission, or portion thereof, to cure the deficiencies pursuant to

Paragraph 80(c), Defendant shall remain subject to stipulated penalties, as provided in

Section XI (Stipulated Penalties) from the date of the original submission.

83. Upon receipt of a writtim notice of disapproval pursuant to Paragraph 80(d), the

Defendant shall, within thirty (30) Days or such other time as the Defendant and EPA agree in

writing, correct the deficiencies and resubmit the plan, schedule, report, or other item, or portion

thereof, for Approval. Any stipulated penalties applicable to the original submission shall accrue

during the thirty (30)-Day period or other specified period, but shaH not be payable unless the

resubmission is untimely and/or disapproved as provided in Paragraph 80; provided that, if the

original submission was disapproved by EPA in whole, stipulated penalties applicable to the

original submission shaH be due and payable upon demand notwithstanding any subsequent

resubmission.

84. Any resubmitted plan, schedule, report, or other item, or portion thereof, shall be

subject to review and Approval by EPA, as provided under this Section. If the Defendant fails to

50

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resubmit a plan, schedule, report, or other item, or portion thereofafter a disapproval, or if, upon

resubmission, the plan, schedule, report, or other item, or portion thereof, is disapproved or

modified by EPA, the Defendant shall be deemed to have failed to submit such plan, schedule,

report, or other item, or portion thereof, timely and adequately, unless the Defendant invokes the

dispute resolution procedures set forth in Section XIII (Dispute Resolution) and the Defendant's

positionis upheld.

85. Notwithstanding the receipt of a notice of disapproval pursuant to Paragraph

80(d), the Defendant shall proceed, at the direction of EPA, to take any action required by any

non-deficient portion of the submission. Implementation of any non-deficient portion of a

submission shall not relieve the Defendant of any liability for stipulated penalties under

Section XI (Stipulated Penalties) for the deficient portions.

XI. STIPULATED PENALTIES

86. The Defendant shall pay stipulated penalties to the United States and the State for

violations of, or noncompliance with, the requirements of this Consent Decree, as set forth

below, unless excused under Section XII (Force Majeure). A violation or noncompliance

includes failing to perform an obligation required by the terms of this Consent Decree, including

any work plan or schedule approved under this Decree, according to all applicable requirements

of this Consent Decree and within the specified time schedules or by the date(s) established by or

approved under this Decree:

a. Late Payment of Civil Penalty. If the Defendant fails to pay the Civil

Penalty required to be paid under Section VI (Civil Penalty) when due, the Defendant shall pay a

51


stipulated penalty as follows:

Penalty Per Violation Per Day

$ 750$ 1,500$ 2,500

Period ofNoncompliance

I st through 10th DayII th through 20th Day21 st Day and beyond.

b. Reporting & Notice Requirements. For every Day that the Defendant fails

timely to submit a report required by Paragraph 78, fails to provide the certification required by

Paragraph 110, or fails to provide the Notice required by Paragraph 4 and 5, the Defendant shall

pay a stipulated penalty as follows:

Penalty Per Violation Per Day Period ofNoncompliance

$ 750$ 1,500$ 2,500

I st through 10th DayII th through 20th Day21st Day and beyond.

shall pay a stipulated penalty of$6,500. Notwithstanding the foregoing, the Defendant shall not

c. Unpermitted Discharges. For each Day that an SSO occurs, the Defendant

,.

be liable for such a stipulated penalty prior to implementation of the final remedy under

Paragraph 67 of this Consent Decree if all of the following conditions are met: (i) the Defendant

stopped the SSO as soon as reasonably practicable; (ii) the Defendant is in full compliance with

the schedules and other requirements set forth pursuant to Section VII (Remedial Measures) of

this Consent Decree; and (iii) the Defendant has complied with all reporting requirements related

to SSO discharges, including but not limited to those set forth in Paragraph 79 of this Consent

Decree.

d. Remedial Measures. For every Day that the Defendant fails to timely

52


meet the requirements of Section VII (Remedial Measures) of this Consent Decree, including but

not limited to, submitting an approvable plan, schedule, report, or other item, other than a report

required by Paragraph 78, subject to the provisions of Paragraphs 80-85, or fails to implement

remedial requirements in a plan, schedule, report, or other item Approved by EPA, the Defendant

shall pay a stipulated penalty as follows:

Penalty Per Violation Per Day

$ 750$ 1,000$ 2,500

Period ofNoncompliance

1st through 10th Day11 th through 20th Day21 st Day and beyond.

87. Stipulated penalties shall automatically begin to accrue on the Day after

performance is due or on the Day a violation occurs and shall continue to accrue each Day until

performance is satisfactorily completed or until the violation or noncompliance ceases.

Stipulated penalties shall accrue simultaneously for separate violations of, or instances of

noncompliance with, this Consent Decree.

88. Following the United States' or the State's determination that the Defendant has

failed to comply with a requirement ofthis Consent Decree, the United States and/or the State

may give the Defendant written notification of the same and describe the noncompliance. The

United States and/or the State may send the Defendant a Written demand for the, payment of the

stipulated penalties. If the United States or Rhode Island makes a demand for payment of

stipulated penalties, it shall simultaneously send a copy of the demand to Rhode Island or the

United States, as applicable. However, the stipulated penalties shall accrue as provided in the

preceding Paragraph regardless of whether the United States or the State has notified the

53


Defendant of a violation of, or noncompliance with, the requirements of this Consent Decree, or

demanded payment of stipulated penalties.

89. The Defendant shall pay stipulated penalties as specified in this Section by

delivering the payments to the United States and the State within thirty (30) Days of the date of a

demand for payment of stipulated penalties by either Government Plaintiff. The Defendant shall

pay fifty (50) percent of the total stipulated penalty amount due to the United States and fifty

(50) percent to the State, in accordance with the instructions set forth below:

a. The Defendant shall pay stipulated penalties to the United States in the

manner set forth and with the confirmation notices required by Paragraph 1O.a, except that the

transmittal letter shall state that the payment is for stipulated penalties and shall state for which

violation(s) or noncompliance the penalties are being paid.

b. The Defendant shall pay stipulated penalties to the State in the manner set

forth in Paragraph 10.b.

c. In the event the Defendant fails to pay stipulated penalties according to the

terms of this Consent Decree, such penalty (or portion thereof) shall be subject to interest at the

statutory judgment rate set forth at 28 U.S.C. § 1961, accruing as of the date payment became

due. Nothing in this Paragraph shall be construed to limit the United States or the State from

seeking any remedy otherwise provided by law for failure of the Defendant to pay any stipulated

penalties.

90. Stipulated penalties shall continue to accrue as provided in Paragraph 87, during

any dispute resolution, but need not be paid until the following:

54


a. If the dispute is resolved byagreement or a decision of the United States

that is not appealed to the Court, the Defendant shall pay accrued penalties determined to be

owed, together with interest, to the United States and the State within thirty (30) Days of the

Effective Date of the agreement or the receipt of the United States' decision or order.

b. If the dispute is appealed to the Court and the United States prevails in

whole or in part, the Defendant shall pay all accrued penalties determined to be owed,together

with interest, within sixty (60) Days of receiving the Court's decision or order, except as

provided in subparagraph c, b.elow.

c. If any Party appeals the District Court's decision, the Defendant shall pay

all accrued penalties determined to be owed, together with interest, within fifteen (15) Days of

receiving the final appellate court decision.

91. The stipulated penalties set forth above shall be in addition to any other remedies,

sanctions, or penalties which may be available by reason of the Defendant's failure to comply

with the requirements of this Consent Decree. The Plaintiffs expressly reserve any and all legal

and equitable remedies, including contempt sanotions, which may be available to enforce the

provisions of this Consent Decree. The United States may in the unreviewable exercise of its

discretion, reduce or waive stipulated penalties otherwise due it under this Consent Decree.

Rhode Island may in the unreviewable exercise of its discretion, reduce or waive stipulated

penalties otherwise due it under this Consent Decree.

XII. FORCE MAJEURE

92. "Force Majeure," for purposes of this Consent Decree, is defined as any event

55


arising from causes beyond the control of the Defendant or of any entity controlled by the

Defendant, including its engineers, consultants, contractors and subcontractors, that delays or

prevents the timely performance of any obligation under this Consent Decree notwithstanding

the Defendant's best efforts to fulfill the obligation. Examples ofevents which may constitute

Force Majeure events include natural disasters, national, state or regional emergencies, and

delays in obtaining any required approvals or permits despite the City's complete and timely

submission ofrequests for approval and applications for required permits and any supplemental

information that may be requested. Examples of events that are not Force Majeure events

include, but are not limited to, normal inclement weather, unanticipated or increased costs or

expenses of work, the financial difficulty or inability of the City to perform such work, acts or

omissions attributable to the City's contractors or representatives, and.the failure of the City or

the City's contractors or representatives to make complete and timely application for any

required approval or permit.

93. The requirement that the Defendant exercise "best efforts" includes using best

efforts to anticipate any potential Force Majeure event and best efforts to address the effects of

any such event (a) as it is occurring and (b) after it has occurred to prevent or minimize any

resulting delay to the greatest extent possible. Stipulated Penalties shall not be due for the

number of Days of noncompliance caused by a Force Majeure event as defined in this Section,

provided that the Defendant complies with the terms ofthis Section.

94. If any event occurs that may delay or prevent the performance of any obligation

under this Consent Decree, whether or not caused by a Force Majeure event, the Defendant shall

56

i

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iI'


notify Plaintiffs via email within seventy-two (72) hours after the Defendant first knew or should

have known that the event might cause a delay. Within five (5) working Days thereafter, the

Defendant shall submit for review and Approval by EPA a written explanation of the cause(s) of

any actual or expected delay or noncompliance, the anticipated duration of any delay, the

measure(s) taken and to be taken by the Defendant to prevent or minimize the delay, a proposed

schedule for the implementation of such measures, and a statement as to whether, in the opinion

of the Defendant, such event may cause or contribute to an endangerment to public health,

welfare, or the environment. Notwithstanding the foregoing, the Defendant shall notify EPA and

RIDEM via email within twenty-four (24) hours of becoming aware pf any event that presents an

imminent threat to the public health or welfare or the environment and provide written notice to

Plaintiffs within five (5) working days of discovery of such event. The Defendant shall be

deemed to know of any circumstances of which the Defendant, any entity controlled by the

Defendant, or the Defendant's contractors knew or should have known. Failure to provide

timely and complete notice in accordance with this Paragraph shall constitute a waiver of any

claim of Force Majeure with respect to the event in question. Notifications required by this

Paragraph shall be provided consistent with the contact information provided in Section XV

(Form ofNotice). Nothing in this Consent Decree should be taken to change or amend existing

reporting requirements established by RIDEM for SSO events and facility upsets.

95. If EPA, after providing RIDEM and the Citizen Plaintiffs (through their

respective representatives as designated under Section XV (Form ofNotice)) a reasonable

opportunity for consultation, agrees that a delay or anticipated delay isattributable to Force

57


Majeure, the time for performance of the obligations under this Consent Decree that are affected

by the Force Majeure event shall be extended by EPA for a period of time as EPA determines is

necessary to complete these obligations. EPA will notifY the Defendant in writing of the length

of the extension, if any, for completion of the obligations affected by the Force Majeure event.

96. If EPA does not agree the delay or anticipated delay is attributable to Force

Majeure, or on the number of Days ofnoncompliance caused by such event, EPA will notifY the

Defendant in writing of its decision. The Defendant may then elect to initiate the dispute

resolution process set forth in Section XIII (Dispute Resolution). If the Defendant does not

initiate the dispute resolution process set forth in Section XIII (Dispute Resolution) within ten

(10) Days of receiving EPA's written notice under this Paragraph, then the Defendant shall be

deemed to have waived any Force Majeure claims or any rights to initiate dispute resolution with

. regard to such claims. In any dispute resolution proceeding, the Defendant shall have the burden

of demonstrating by a preponderance of the evidence that the delay or anticipated delay has been

or will be caused by a Force Majeure event, that the duration of the delay or the extension sought

was or will be warranted under the circumstances, that "best efforts" were exercised to avoid and

.mitigate the effects ofthe delay, and that the Defendant complied with the requirements of

Paragraphs 92 through 94, above. If the Defendant carries this burden, the delay at issue shall be

deemed not to be a violation by the Defendant of the affected obligation(s) ofthis Consent

Decree.

97. Delay in performance of any obligation under this Consent Decree shall not

automatically justify or excuse delay in complying with iUly subsequent obligation or

58


req1.!irement of this Decree.

98. Failure of the Defendant to obtain any State or federal grants or loans shall not be

considered a Force Majeure event under this Consent Decree.

XIII. DISPUTE RESOLUTION

99. Unless otherwise expressly provided for in this Consent Decree, the dispute

resolution procedures set forth in this Section shall be the exclusive mechanism to resolve

disputes arising under or with respect to this Consent Decree. The Defendant's failure to seek

resolution of a dispute under this Section shall preclude the Defendant from raising any such

undisputed issue as a defense to an action by a Plaintiff to enforce any obligation of the

.Defendant arising under this Decree. The procedures set forth in this Section shall not apply to

actions by a Plaintiff to enforce obligations that the Defendant has not disputed in accordance

with this Section. In the event a Party elects to invoke dispute resolution in accordance with this

Section, and as permitted by this Decree, with respect to a disapproval, Approval, Approval with

conditions or modifications, a Force Majeure determination, a written demand for payment of

stipulated penalties, or any other determination made or action taken by EPA pursuant to this

Consent Decree, the Party shall do so by giving all other Parties a written Notice of Dispute

within ten (lO) Days after receipt of such determination. If a Party fails to give such Notice, it

shall be deemed to have waived any right to invoke dispute resolution regarding such dispute,

and the position advanced by the Government Plaintiff(s) shall be considered binding.

100. Any dispute subject to dispute resolution under this Consent Decree shall first be

the subject ofinformal negotiations. The period of informal negotiations shall be considered to

59


have begun when a Party sends all other Parties a written Notice of Dispute. Such Notice of

Dispute shall state clearly the matter in dispute, and shall be accompanied by a Statement of

Position that shall include, but need not be limited to, any factual data, analysis, or opinion

supporting that position and any supporting documentation relied upon by the Party initiating

dispute resolution. The period of informal negotiations shall not eJ<;ceed thirty (30) Days from

the date the dispute arises, unless that period is modified by written agreement between the

parties. If EPA is a party to the dispute, EPA shall maintain an administrative record of the

dispute, which shall contain all statements of the Parties, including supporting documentation,

submitted pursuant to this Section.

101. If the Parties cannot by infonilal negotiations resolve a dispute regarding an

action or determination by EPA, then the position advanced by the Government Plaintiff(s)shall

be considered binding unless, within thirty (30) Days after the conclusion of the informal

negotiation period, the Defendant or Citizen Plaintiffs seek judicial review of the dispute by

filing with the Court and serving on the other Parties, in accordance with Section XV (Formof

Notice), a motion requesting judicial resolution of the dispute. If the Parties cannot by informal

negotiations resolve any other dispute, any party to the dispute may, within thirty (30) Days after

the conclusion of the informal negotiation period, seek judicial review of the dispute by filing

with the Court and serving on the other Parties, in accordance with Section XV (Form ofNotice),

a motion requesting judicial resolution of the dispute. Any such motion shall contain a written

statement of the Party's position on the matter in dispute, inCluding any supporting factual data,

analysis, opinion, or documentation, and shall set forth the relief requested and any schedule

60


within which the dispute inust be resolved for orderly implementation of the Consent Decree.

102. The other Parties shall file any response to such motion within the time period

allowed by the Federal Rules of Civil Procedure and the Local Rules of this Court. The Party

filing the motion may file a reply memorandum to the extent permitted by the Federal Rules of

Civil Procedure and the Local Rules.

103. Standard of Review.

a. Disputes Concerning Matters Accorded Record Review. Except as

otherwise provided in this Consent Decree, any dispute brought under this Section pertaining to

the adequacy or appropriateness of plans, procedures to implement plans, schedules, or any other

items requiring Approval by EPA under this Consent Decree; the adequacy of the performance

ofwork undertaken pursuant to this Consent Decree; and all other disputes that are accorded

review on the administrative record under applicable principles of administrative law, the Party

initiating dispute resolution shall bear the burden of demonstrating, based on the. administrative

record, that the Government Plaintiff(s) position is arbitrary, capricious, not in accordance with

this Consent Decree, or otherwise not in accordance with law.

b. Other Disputes. Except as otherwise provided in this Consent Decree, in

any other dispute brought under this Section, and in any dispute arising under Section VIII

(Stormwater from Easton's Pond Moat), the Party initiating dispute resolution shall bear the

burden of demonstrating that its position complies with this Consent Decree and will better serve

the objectives of this Consent Decree and that it is entitled to relief under applicable principles of

law.

61II

City o/Newport Consent Decree

104. The invocation of dispute resolution procedures under this Section shall not, by

itself, extend, postpone, or affect in any way any obligation of the Defendant under this Consent

Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with

respect to the disputed matter shall continue to accrue from the first Day of noncompliance, but

payment shall be stayed pending resolution of the dispute, as provided in Paragraph 90. If the

Defendant does not prevail on the disputed issue, stipulated penalties shall be assessed and paid

as provided in Section XI (Stipulated Penalties).

XIV. RIGHT OF ENTRY/INFORMATIONCOLLECTION AND RETENTION

105. EPA and RIDEM and their contractors, consultants, and attorneys shall have

authority to enter any property or facility owned or controlled by the Defendant, at aU reasonable

times, upon proper identification, for the purposes of: (a) monitoring the progress of activity

required by this Consent Decree; (b) verifying any data or information submitted to EPA or

RIDEM under this Consent Decree; (c) assessing the Defendant's compliance with this Consent

Decree; (d) obtaining samples and, upon request, splits of any samples taken by the Defendant or

its representatives, contractors, or consultants; and (e) obtaining documentary evidence,

including photographs and similar data. Upon request, EPA and RIDEM shall provide the

Defendant splits of any samples taken by EPA or RIDEM. This requirement is in addition to,

. and does not limit, the authority ofEPA or RIDEM pursuant to the CWA, the Rhode Island Act,

or any other provision of State or federal law or regulation.

106. Until five years after the termination of this Consent Decree, the Defendant shall

retain all non-identical copies of all documents, records, and other information (including

62


documents, records, or other information in electronic form) generated by the Defendant, and all

data collected and all reports generated by the Defendant's contractors (including data and

reports in electronic form), that relate in any manner to the Defendant's performance of its

obligations under this Consent Decree. This information retention requirement shall apply

regardless ofany contrary corporate or institutional policies or procedures. At any time during

this information-retention period, .upon request by the United States, the State, or the Citizen

Plaintiffs, the City shall provide copies of any documents, records, or other information required

to be maintained under this Paragraph.

107. At the conclusion of the information-retention period provided in the preceding

Paragraph, the Defendant shall notify the United States and the State at least ninety (90) Days

prior to the destruction of any documents, records, or other information subject to the

requirements of the preceding Paragraph and, upon request by the United States or the State, the

Defendant shall deliver any such documents, records, or other information to EPA or RIDEM.

The Defendant may assert that certain documents, records, or other forms of information are

privileged under the attorney-client privilege or any other privilege recognized by federal law. If

the Defendant asserts such a privilege, it shall provide the following: (I) the title of the

document, record, or information; (2) the date of the document, record, or information; (3) the

name and title of each author of the document, record, or information; (4) the name and title of

each addressee and recipient; (5) a description of the subject of the document, record, or

information; and (6) the privilege asserted by the Defendant. However, no documents, records,

data, reports, or other information created or generated pursuant to the requirements ofthis

63


Consent Decree shall be withheld on grounds ofprivilege.

108. This Consent Decree in no way limits or affects any right of entry and inspection,

or any right to obtain information, held by the United States or the State pursuant to applicable

federal or State laws, regulations, or permits, nor does it limit or affect any duty or obligation of

the Defendant to maintain documents, records, or other information imposed by applicable

federal or State laws, regulations, or permits.

XV. FORMOFNOTICE

109. Unless otherwise specified herein, whenever notifications, submissions, or

communications are required by this Consent Decree, they shall be made in writing to the

following respective addressees. Any Party may, by written notice to the other Parties, change

its designated notice recipient, address, or means of notice (including the substitution of

electronic notice via email instead of notice via mail). Notifications, submissions, or

communications submitted pursuant to this Section shall be deemed submitted upon mailing,

unless otherwise provided in this Consent Decree or by written agreement of the Parties.

As to the Department of Justice

Chief, Environmental Enforcement SectionEnvironment & Natural Resources DivisionUnited States Department of JusticeP.O. Box 7611 - Ben Franklin StationWashington, DC 20044DJ # 90-5-1-1-09855

As to the EPA

David TurinEnforcement ScientistWater Technical Unit

64


U.S. Environmental Protection Agency, Region 15 Post Office Square - Suite 100Mail Code OES04-4Boston, MA [email protected]

Tonia BandrowiczSenior Enforcement CounselOffice of Environmental StewardshipU.S. Environmental Protection Agency, Region 15 Post Office Square - Suite 100Mail Code OES04-1Boston, MA [email protected]

As to the RIDEM

Angelo S. LibeI:ti, PEChief of Surface Water ProtectionR.I. Department of Environmental ManagementOffice of Water Resources235 Promenade StreetProvidence, Rhode Island [email protected]

Marisa DesautelSenior Legal CounselOffice of Legal ServicesR.I. Department ofEnvironmental Management235 Promenade St.Providence, RI [email protected]

As to the Citizen Plaintiffs

Ted Wrobel45 William StreetNewport, RI 02840-3306

[email protected]

65


Charles C. CaldartNational Environmental Law Center1402 Third AvenueSuite 715Seattle, WA [email protected]

David A. Nicholas20 Whitney RoadNewton, MA [email protected]

As to City ofNewport

Julia A. Forgue, PE70 HalseyStreetNewport, RI [email protected]

Joseph J. Nicholson, Jr.43 BroadwayNewport, RI [email protected]

a. The Defendant shall submit all notifications, submissions, and

communications required by this Consent Decree to EPA and RIDEM by both regular and

electronic mail no later than the due date(s) specified in this Consent Decree, except that with

respect to copies of reports, schedules, and plans submitted pursuant to Sections VII (Remedial

Measures) and IX (Reports on Compliance), only copies of the transmittal letters need be

provided to Tonia Bandrowcz. Ifa submission or notice CllJ1llot be provided via electronic mail

due to its size, an electronic copy shall be provided by CD-ROM or other similar digital format

b. The Defendant shall submit all notifications, submissions and

communications required by this Consent Decree to Citizen Plaintiffs by electronic mail no later

66


than the due date(s) specified in this Consent Decree. If a submission or notice cannot be

provided via electronic mail due to its size, an electronic copy shall be provided by CD·ROM or

other similar digital format. The Defendant shall not be required to provide Citizen Plaintiffs

with a hard copy of any notifications, submissions, or communications unless such hard copy is

requested.

c. The Defendlll1t shall provide EPA and Citizen Plaintiffs with copies of its

Discharge Monitoring Reports ("DMRs") at the time it submits them to RIDEM, shall identify

any violations of the numeric limits in the Newport RIPDES Permit for fecal coliform, TRC,

BODs, TSS, BODs % removal, and TSS % removal at outfall OOIA occurring during the

reporting period, and, shall, fot each such violation, provide an explanation of the cause of the

violation.

110. All written notices, reports, or any other submissions required of the Defendant by

this Consent Decree shall contain the following certification by a duly authorized representative

of the Defendant:

"I certify under penalty oflaw that this document and all attachments wereprepared under my direction or supervision in accordance with a system designedto assure that qualified personnel properly gather and evaluate the informationsubmitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information, theinformation submitted is, to the best of myknowledge and belief, true, accurate,and complete. I am aware that there are significant penalties for submitting falseinformation, including the possibility of fine and imprisomnent for knowingviolations."

XVI. EFFECT OF SETTLEMENTIRESERVATION OF RIGHTS

III. This Consent Decree resolves the civil claims of the United States, the State, and

67

I!i


Citizen Plaintiffs for the violations alleged in their respective Complaints filed in this action

through the Date of Lodging, and deficiencies described in the letter from RIDEM to Newport on

December 17, 2010 regarding RIDEM's December 6, 2010 Compliance Evaluation Inspection

(included in Attachment No.3).

I 12. This Consent Decree is neither a permit nor a modification of any el\isting permit

under any federal, State, or local law or regulation. The Defendant is responsible for achieving

and maintaining complete compliance with all applicable federal, State, and local laws and

regulations, and permits, and the Defendant's compliance with this Consent Decree shall be no

defense to any action commenced pursuant to any such laws, regulations, or permits, except as

set forth herein. The Plaintiffs do not, by their consent to the entry ofthis Consent Decree,

warrant or aver in any manner that the Defendant's compliance with any aspect ofthis Consent

Decree will result in compliance with provisions of the CWA or the Rhode Island Act or with

any other provisions of federal, State, or local laws, regulations, or permits. This Consent

Decree shall not be construed to constitute EPA or RIDEM approval of any equipment or

technology installed by the Defendant under the terms of this Consent Decree.

113. This Consent Decree does not limit any rights or remedies available to the

Plaintiffs for any violation by the Defendant of the CWA, the Rhode Island Act, or associated

regulations or permit conditions other than those claims alleged in the Complaints through the

Date ofLodging. This Consent Decree does not limit any rights or remedies available to the

United States or the State for any criminal violations. The Plaintiffs expressly reserve all rights

and remedies, legal and equitable, available to each of them for all violations of the CWA, the

68

I


Rhode Island Act, or other applicable law, except with respect to violations that have been

specifically resolved pursuant to Paragraph III, and reserve all rights and remedies, legal and

equitable, available to enforce the provisions of this Consent Decree. Nothing herein shall be

construed to limit the power of the United States or the State, consistent with their respective

authorities, to undertake any action against any person, in response to conditions which may

present an imminent and substantial endangerment to the public's health or welfare, or the

environment. The Plaintiffs reserve all legal and equitable remedies available to enforce the

provisions of this Consent Decree, except as expressly stated in Paragraph III.

114. In any subsequent administrative or judicial proceeding initiated by one or more

of the Plaintiffs for injunctive relief, civil penalties, or other appropriate relief relating to the

Defendant's violations of federal or State law, the Defendant shall not assert, and may not

maintain, any defense or claim based upon the principles of waiver, res judicata, collateral

estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any

contention that the claims raised by one or more of the Plaintiffs in the subsequent proceeding

were or should have been brought in the instant case, except with respect to claims that have

been specifically resolved pursuant to Paragraph III.

lIS. This Consent Decree does not resolve any claims for contingent liability under

Section 309(e) of the Clean Water Act, 33 U.S.C. § 1319(e). The United States specifically

reserves any such claims against the State, and the State specifically reserves aU defenses to any

such claims.

116. This Consent Decree does not limit or affect the rights of the Defendant, or the

69


Plaintiffs against any third parties not party to this Consent Decree, nor does it limit the rights of

third parties not party to this Consent Decree against the Defendant, except as otherwise

provided by law.

117. This Consent Decree shall not be construed to create rights in, or grant any cause

ofaction to, any third party not party to this Consent Decree.

XVll. COSTS

118. Each Party shall bear its own expenses, costs, and attorney's fees in this action,

except that, within 30 days after the Court's entry of this Decree, Defendant shall, in accordance

with law, pay $70,000 to counsel for Citizen Plaintiffs pursuant to 33 U.S.C. § 1365(d) for costs

of litigation (including reasonable attorney and expert witness fees). The Defendant shall be

responsible for all expenses, costs and attorney's fees incurred by Plaintiffs in collecting any

penalties due and payable under Sections VI (Civil Penalty) and XI (Stipulated Penalties) ofthis

Consent Decree or to enforce any obligation of this Consent Decree. In no event shall Plaintiffs

be responsible for any expenses, costs or attorney's fees incurred by the Defendant.

XVIII. EFFECTIVE DATE

119. The Effective Date of this Consent Decree shall be the date upon which this

Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted,

whichever occurs first, as recorded on the Court's docket; provided, however, that the Defendant

hereby agrees that it shall be bound to perform duties scheduled to occur prior to the Effective

Date. In the event the United States withdraws or withholds consent to this Decree before entry,

or the Court declines to enter the Consent Decree, then the preceding requirement to perform

70

!


duties scheduled to occur before the Effective Date shall terminate.

XIX. RETENTION OF JURISDICTION

120. The Court shall retain jurisdiction to modify and enforce the terms and conditions

of this Consent Decree and to resolve disputes arising hereunder as may be necessary or

appropriate for the construction or execution ofthis Consent Decree and to assess any stipulated

penalties that may have accrued because ofthe Defendant's failure to comply with any of its

obligations under this Decree.

XX. MODIFICATION

121. The terms of this Consent Decree may be modified only by a subsequent written

agreement signed by the United States, Rhode Island, Citizen Plaintiffs, and the Defendant,

includi!1g modifications to the schedule specified in the Consent Decree and any attached

appendices. Where the modifications constitute a material change to the Consent Decree, it shall

be effective only upon approval by the court. Any disputes concerning modification of this

Consent Decree shall be resolved pursuant to Section XIII (Dispute Resolution), provided,

however, that, instead of the burden ofproof provided by Paragraph 103, the Party seeking the

modification bears the burden of demonstrating that it is entitled to the requested modification in

accordance with Federal Rule of Civil Procedure 60(b).

XXI. FUNDING

122. Performance ofthe terms of this Consent Decree by the Defendant is not

conditioned on the receipt of any federal or State grant funds or loans, or other financing. In

addition, performance is not excused by the lack of federal or State grant funds or loans.

71


XXII. SEVERABILITY

123. The provisions of this Consent Decree shall be severable, and should any

provision be declared by a court of competent jurisdiction to be unenforceable, the remaining

provisions shall remain in full force and effect.

XXIII. TERMINATION

124, After the Defendant completes all of the requirements of Section VII (Remedial

Measures) and Section IX (Reports on Compliance), complies with all other requirements of the

Consent Decree, has paid in full the Civil Penalty, and all accrued interest thereon, and all

stipulated penalties, and all accrued' interest thereon, as required by Sections VI (Civil Penalty)

and XI (Stipulated Penalties) of this Consent Decree, has paid in full the costs of litigation, and

all accrued interest thereon, as required by Paragraph 118 ofthis Consent Decree, and has

demonstrated and certified that it has maintained substantial compliance with the Newport

RIPDES Permit and the General Storm Water Permit for a period of 12 continuous months

following completion of the measures required by Paragraphs 65 through 67 of this Consent

Decree, the Defendant may serve upon the Plaintiffs a Request for Termination, stating that the

Defendant has satisfied those requirements, together with all applicable supporting

documentation,

125. Following receipt by the Plaintiffs of the Defendant's Request for Termination,

the Parties shall confer informally concerning the Request and any disagreement that they may

have as to whether the Defendant has satisfied the requirements for termination of this Consent

Decree. The Plaintiffs shall consult as to whether Defendant has satisfied the requirements for

72


Tennination contained in paragraph 124 above. If the Plaintiffs agree that this Decree may be

tenninated, the Parties shall submit, for the Court's approval, a joint stipulation tenninating the

Decree. If EPA, the State, or the Citizen Plaintiffs do not agree that this Consent Decree may be

tenninated, Defendant may invoke the Dispute Resolution provisions of this Decree.

XXIV. FINAL JUDGMENT

126. Entry of this Consent Decree constitutes Final Judgment under Rule 54 of the

Federal Rules of Civil Procedure.

XXV. WAIVER OF SERVICE

127. The Defendant hereby agrees to acceptservice of process by mail with respect to

all matters arising under or relating to this Consent Decree and to waive the fonnal service

requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any

applicable Local Rules of this Court including, but not limited to, service of a summons.

XXVI. PUBLIC COMMENT

128. This Consent Decree shall be lodged with theCourt for a period of not less than

thirty (30) Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The. United

States reserves the right to withdraw or withhold its consent if the comments received disclose

facts or considerations that indicate that this Consent Decree is inappropriate, improper, or

inadequate. The Defendant, Citizen Plaintiffs, and Rhode Island consent to the entry ofthis

Consent Decree without further notice and agree not to withdraw from or oppose entry of this

Consent Decree by the Court or to challenge any provision of this Decree, unless the United

States has notified the parties in writing that it no longer supports entry of this Decree.

73

I

, i


129. The City has established a CSO Program Stakeholder Workgroup composed of a

broad cross section ofrepresentatives of the Newport Community, including Ted Wrobel. Its

task is to support the City with public education activities associated with the City's Long Tenn

CSO Plan and to review proposed plans and projects for the CSO Program and provide

recommendations to the City about the potential benefits and impacts of the proposed plans and

projects to City businesses, residents, and other stakeholders. This stakeholder group and process

is specifically incorporated into this Consent decree as a part hereof.

XXVII. SIGNATORIES

130. Each undersigned representative of the Defendant, Citizen Plaintiffs, and Rhode

Island, and the Assistant Attorney General for the Environment and Natural Resources Division

of the Department of Justice certifies that he or she is fully authorized to enter into the tenns and

conditions of this Consent Decree and to execute and legally bind the Party he or she represents

to this document.

XXVIII. INTEGRATION

131. This Consent Decree may be signed in counterparts,and its validity shall not be

challenged on that basis.

132. This Consent Decree constitutes the final, complete, and exclusive agreement and

understanding among the Parties with respect to the settlement embodied in the Decree and

supercedes all prior agreements and understandings, whether oral or written, concerning the

settlement embodied herein. Other than submissions that are subsequently submitted and

Approved 1;>y EPA pursuant to this Decree, no other document, nor any representation,

74


inducement, agreement, understanding, or promise, constitutes any part of this Decree or the

settlement it represents, nor shall it be used in construing the terms of this Decree.

Judgment is hereby entered in accordance with the foregoing Consent Decree this day of

____ 2011.

Hon. William E. SmithUNITED STATES DISTRICT JUDGEDistrict of Rhode Island

75

For Plaintiffs ENVIRONMENT RHODE ISLAND, BURTON HOFFMAN, HENRYROSEONT, JR., DAVID WIXTED, AND HENRY T. WROBEL

Karen Pelczarski (RI Bar No. 3357).Blish & Cavanagh LLP30 Exchange TerraceProvidence, RI 02903(40I) 831-8900 (phone)(401) 751-7542 (fax)

Charles C. Caldart (Admitted Pro Hac Vice)National Environmental Law Center1402 Third AvenueSuite 715Seattle, WA 98101(206) 568-2853 (phone)(206) 568-2858 (fax)

David A. Nicholas (Admitted Pro Hac Vice).20 Whitney RoadNewton, MA 02460(617) 964-1548 (phone)(617) 663-6233 (fax)

Date

THE UNDERSIGNED PARTY enters into this Consent Decree in the matter ofEnvironmentRhode Island, et al. United States ofAmerica, and State ofRhode Island v. City ofNewport.

For Plaintiff ENVIRONMENT RHODE ISLAND

John RumplerSenior Attorney

iI.

THE UNDERSIGNED PARTIES enter into this Consent DeCree in the matter ofEnvironmentRhode Island, et al. United States ofAmerica, and State ofRhode Island v. City ofNewport.

BURTON HOFFMAN [DECEASED)

HENRY ROSEMONT, JR.

DAVID WIXTED

HENRY T. WROBEL

Date

Date

Date

THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of EnvironmentRhode Island, et al. United States ofAmerica, and State ofRhode Island v. City ofNewport.

For Plaintiff UNITED STATES OF AMERICA

Environment and Natural Resources DivisionUnited States Department ofJustice

IGNACIA S. MORENO. Assistant Attorney GeneralEnvironment and Natural Resources DivisionU.S. Department of Justice

DATE: __

JEROME W.MACLAUGHLINTrial AttorneyEnvironmental Enforcement SectionEnvironment and Natural Resources DivisionU.S. Department of JusticeP.O. Box 7611Ben Franklin StationWashington, D.C. 20044(202) 616-7162 .ierrv·[email protected]

I

II

. THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of EnvironmentRhode Island, et at. United States ofAmerica, and State ofRhode Island v. City ofNewport.

For Plaintiff UNITED STATES OF AMERICA

. PETER F. NERONHAUnited States AttorneyDistrict of Rhode Island

LYT.CHINAssistant United States AttorneyDistrict of Rhode IslandFleet Center, 50 Kennedy Plaza, 8th Floor,Providence, Rhode Island 02903


For the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Adam Kushner DateDirector, Office of Civil EnforcementOffice of Enforcement and Compliance AssuranceUnited States Environmental Protection Agency1200 Pennsylvania Avenue, N.W.Washington, DC 20460


For the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

SUSAN STUDLIEN DateDirector, Office of Environmental StewardshipUnited States Environmental Protection Agency,

Region 15 Post Office Square - Suite 100Boston, Massachusetts 02109-3912

TONIA BANDROWICZ DateSenior Enforcement CounselOffice of Environmental StewardshipU.S. Environmental Protection Agency, Region 15 Post Office Square - Suite 100Boston, Massachusetts 02109-3912


For Plaintiff-Intervenor STATE OF RHODE ISLAND, by W. Michael Sullivan as Director ofthe Rhode Island Department of Environmental Management

By its attorney,

Marisa DesautelSenior Legal CounselOffice of Legal ServicesR.I. Department of Environmental Management235 Promenade St. .Providence, RI 02908

Date

THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of EnvironmentRhode Island, et al. United States ofAmerica, and State ofRhode Island v. City ofNewport.

For Defendant CITY OF NEWPORT

Date

i

Ii

I

Fe rM ('c-s ;2J Y\ -fa Q"Jetre s:s~ ~

Cl S cucJ" (' I j reSC7Vdi'r

It gJ ,'l'L 0 F f'0 w'2r<. IJU!J

Ir)- pLe~",,- f fVI \~h~S,

Ci\! r' .. ---

~(VAf-"'/

THE CITY OF NEWPORT

)RESOLUTION

OF THE "." .,.

COUNCIL

No .

WHEREAS, at the intersection of Ocean Avenue 'and thesouthern terminus of Hazard Road, there exists aroadway intersection, occurring at a location whereOcean Avenue is curve-linear approximating 90degrees; and

a property owner, whose property extends to thecurved portion of the roadway, has madeimprovements to his/her property; and

said property owner is proposing the removal of autility pole and light that is situated in thepublic right-of-way and proximate to the privateproperty driveway; and

the property owner has recommended t~e installationof a series of road signs as notice to theoperators of motor vehicles as a warning to the,impending curve, in place of the existing streetlight; and

WHEREAS, the request has been referred to and reviewed bythe City'S Interdepartmental Traffic committee, andby City staff members. NOW THEREFORE BE IT

WHEREAS,

WHEREAS,

WHEREAS,

)

RESOLVED: that the City Administration is directed to providethe City Council with a report detailing the reviewand analysis of the proposal to remove the utilitypole and street light, and include in the reportthe recommendations of the ITC and City staff withregard to the above stated request; and said reportto be provided to the Council no later than August10, 2011.

CITY COUNCILIN COUNCIL

READ AND PASSED

) Kathleen M. SilviaCity Clerk

TO:

FROM:

SUBJECT:

DATE:

CITY OF NEWPORTCITY MANAGER

Edward F. Lavallee

The Hon. Mayor and Members of the Council

Edward F. Lavallee, City Manage~Letter to New Businesses

July 19, 2011

The attached letter is recommended for adoption as a policy fornew businesses. The letter would be sent to each new businessopening in the City. The reference list would come from thebusiness registration/license applicants received by the CityClerk. With your approval the practice will be initiated.

EFL/pafAttachment

City Hall, 43 Broadway· Newport, Rhode Island 02840Tel: (401) 845-5430 • Fax: (401) 845-2510 • E-mail: [email protected]

THE CITY OF NEWPORT, RHODE ISLAND AMERICA'S FIRST RESORT

CITY OF NEWPORT

Letter to new business owners

DRAFT

Dear New Business Owner:

The City is pleased to learn that you have applied to register to operate a new businessin Newport. We thank you for choosing Newport and for investing in our community.Every business is important to us.

Newport is a dynamic City with a thriving tourist industry. In addition to a permanentpopulation of 26,000, each year we welcome three to four million visitors. Your businessmay benefit from the influx of daily visitors, a seasonal population of college students,and local residents who love to call Newport their home. Our City government isengaged in a number of revitalization initiatives, from upgrading public utilities toimproving roadway streetscapes, parking and transportation systems. Theseimprovements will benefit our local businesses, neighborhoods, and visitors.

The formation of public - private partnerships are essential to government and businesssuccess. The City encourages your engagement in civic affairs and welcomes yourparticipation in the numerous pUblic events that enhance our cultural identity and arereflective of our unique and fabled heritage. The City Council and appointed staff arecommitted to working with business owners to ensure their sustainability. Please feelfree to call on us, and 'again welcome to America's First Resort Community.

Sincerely,

Mayor & Members of the City Council

Respectfully,

City Manager

City Hall, 43 Broadway, Newport, RI 02840-2798Telephone 401-846-9600 --- Fax 401-848-5750

Communication # 4874/11Docket Date: July 27,2011

City of Newport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:Applicant Presentation:

RECOMMENDATION:

Mayor Stephen Walnk & Member~.flITY CouncilEdward F. Lavallee, City Managef.j/July 8, 2011Newport Police Department 2011 Byrne GrantInterim Police Chief Gary T. Silva

The Police Department recommends that the City of Newport approve an application to the U.S. Department of Justicefor the 2011 Edward Byrne Memorial Justice Assistant Grant (JAG) Formula Program: Local Solicitation, in the amountof$ 33,094. for use in the Police Department's 2011 City-Wide Directed Enforcement Program.

BACKGROUND AND FINDINGS:

The U.S. Department of Justice provides funding for grants to assist state and local law enforcement agencies in theirefforts to prevent or reduce crime and violence. These funds are made available to local law enforcement agenciesthrough the 2011 Edward Byrne Memorial Justice Grant (JAG) Formula Program: Local Solicitation. The NewportPolice Department has participated in the Direct JAG Program in the past, and has been allocated $ 33,094 in the 2011solicitation.

The Newport Police Department plans to institute the City-Wide Directed Enforcement Program. The funds for thisproject will support the supplemental overtime details for police officers participating in the program. This will allow forthe targeted enforcement of city-wide violence and quality of life concerns. Through the directed enforcement of citywide violence and quality of life issues, the Newport Police Department will be aiding in the creation of a safe, peacefuland tourist-conducive enviromnent.

This program will be funded through the grant. There is no match requirement, and the department will not use any Citybudgeted funds.

PREVIOUS LEGISLATIVE ACTION

FISCAL IMPACT_ Currently Budgeted (~ ) _ Requires additional appropriation ~ No Fiscal Impact

SUPPORTING DOCUMENTSResolution

Finance Dept Review: Date By: 1..5 (if applicable)

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCILNo .

EREAS, the U. S. Department of Justice provides fundingfor grants to assist state and local lawenforcement agencies in their 'efforts to preventor reduce crime and violence; and

EREAS, the U. S. Department of Justice made these fundsavailable to local law enforcement agenciesthrough the 2011 Edward Byrne Memorial JusticeAssistant Grant (JAG) Formula Program: LocalSolicitation; and

EREAS, under the provisions of the grant program, apublic notification must be done prior toformally applying to the U.S. Department ofJustice for grant funds; NOW, THEREFORE, BE IT

EREAS, as part of the JAG DirectSolicitation the Newport Policebeen allocated $33,094; and

Formula LocalDepartment has

SOLVED: that the Council of the City of Newport approvethe application for funds to the U.S. Departmentof Justice for $33,094 for use in the policedepartment's 2011 City-Wide Directed EnforcementProgram.

IN COUNCIL

EAD AND PASSED

Kathleen M. Silviaity Clerk


City of Newport


To:From:Date:Subject:Staff Presentation:Applicant Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & MemifleiCity CouncilEdward F. Lavallee, City Manage15 July 2011Fireman's Fund Insurance Compan rantPeter D. Connerton, Interim Fire ChiefN/A

It is recommended that the Council authorize the Newport Fire Department to apply to the Fireman's Fund InsuranceCompany for a grant in the sum of$IO,OOO.OO. With the funding from this grant the Fire Department will be able to payfor all but approximately $1000.00 of the replacement cost of the sponsonsitubes on their Marine Rescue Boat. It is alsorecommended that the Council approve the total amount of $11 ,000 for the purchase of this equipment as per theattached quote provided by the sale source vendor.


The Newport Fire Department responds to water related emergencies in Newport Harbor, around Aquidneck Island, andall of Narragansett Bay. The Department operates a Rigid Hull Inflatable Boat that was purchased with monies from ananonymous donor in the year 2000. The boat has served the Department well, but the sponsons/tubes have exceededtheir expected service life of 5-7 years by 4 years. The sponson material has become very thin and has deteriorated fromthe exposure to the elements and the suns UV rays. Patches have been added in spots to help extend its life, but these arestop gap measures at best, and the tubes still lose air pressure. With the replacement of the tubes and the ongoingmaintenance that is provided, it is expected that they will be able to extend the boat's serviceable life another 5-8 years.The total replacement cost of a boat of similar design and configuration would be in excess of $60,000.00. Theacceptance of this grant will in no way be detrimental to the City of Newport or the Newport Fire Department andfunding for the balance of cost ($1,000.00) is available in the Fire Department budget.

PREVIOUS LEGISLATIVE ACTION

FISCAL IMPACTl Currently Budgeted (Account 11-300-1320-50350) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionFire Department Memo for permission to applyFireman's Fund Grant ApplicationQuote for replacement ofboa!'s Sponson/Tube.W-9 and Sale Source Document of intended tube manufacturer

Finance Dept Review: (if applicable)

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO.

WHEREAS, the City of Newport Fire Department operates a Marine/Rescue Boat to serve and protect the citizens ofNewport, and its visitors in its surrounding waters;and

WHEREAS, the Marine Rescue Boat's inflatable sponsons are inneed of replacement; and

WHEREAS, the Fireman's Fund Insurance Company is offering a$10,000.00 Grant that would cover all but approximately$1,000.00 of that replacement cost: and

from the Fireman'sdetrimental in anythe Newport Fire

WHEREAS, applying for and accepting the grantFund Insurance Company would not beway to the City of Newport orDepartment. NOW, THEREFORE, BE IT

RESOLVED: the Council of the City of Newport hereby authorizesthe Newport Fire Department to submit a grantapplication to the Fireman's Fund Insurance Company forfunds in the amount of $10,000.00 to be used to replacethe worn sponsons on the Department's Marine RescueBoat and, upon acceptance of said grant funding,approves the purchase of the aforementioned equipmentin the total amount of $11,000.00 from the authorizedsole source vendor.

IN COUNCIL

READ AND PASSED


Date:

To:

From:

Subject:

Mr. Lavallee,

City of Newport, Rhode IslandNewport Fire Department

Office of the Fire Chief

MEMORANDUM

14 July 2011

Mr. Edward Lavallee, City Manager

Captain Peter D. ConnertonInterim Chief

Fireman's Fund Grant

I have been contacted by the Fireman's Fund Insurance Company in regards to applyingfor and accepting a grant for the sum of$10,000.00. The stipulations in the agreement are notdetrimental to the City ofNewport, or the Fire Department. The terms of the grant essentiallyallows us to use the award as we see fit for FirefightinglRescue Equipment with theirauthorization. I do have a piece of equipment in dire need of repair that this funding will coverall but approximately $1000.00 of the cost. It is our Marine l/Water Rescue boat.

This craft is a Rigid Hull Inflatable Boat that was purchased with monies from ananonymous donor in 2000. The boat has served us well, but the sponsons/tubes have wellexceeded their expected service life of5-7 years by 4 years, and are in need of replacement. Thematerial they are constructed of has deteriorated, and become very thin from the constantexposure to the elements, and more specifically the suns UV Rays. Patches have been applied inspots to help extend its life, but these are stop gap measures at best, and the tubes still lose airpressure from leakage. With the replacement of the sponsons, and the ongoing maintenance thatis provided it is expected that we will be able to extend the boats serviceable life another 5-8years. The total replacement cost of a boat of similar design and configuration would be inexcess of$60,000.00.

Wish your permission I will pursue this monetary award, and report back to you on itsstatus.

Respectfully submitted,

t!D~-Captain Peter D. ConnertonInterim Fire Chief

0. Fireman's Fund®~ Insurance Company

Acompany of Allianz ®

The Heritage ProgramSM by Fireman's Fund

Grant Compliance Agreement

This agreement Is made and entered Into by and between the

______________________ (Department/District) ("the

Department") located at (street address)

and Fireman's Fund Insurance Company ("Fireman's Fund") of Novato, CA and its respectivesubsidiaries (collectively referred to as the "Company"). Fireman's Fund provides grants to firedepartments and fire and burn prevention programs at non-profit organizations.

Whereas, it is intended that the Department will utilize a grant award or donation received from Companyfor the specific purpose outlined in the Department's grant appiication andlor approved by Company.Company reserves the right to communicate with and visit the Department on an ongoing basis to ensurethat the funding is utilized for the express purpose intended. The Department is required to apply a grantor donation from Company within 90 days of receipt of funds or obtain an extension from Company.Additionally, the Department must supply Company with a copy of the paid invoice within 30 days ofpurchases utilizing funding from the Heritage Program. invoice copies should be sent to:

Fireman's Fund Insurance CompanyAttn: Heritage Program Grant Manager777 San Marin DriveSM-1, A25Novato, CA 94998-1000

Fax: 415-899-3837

The Department must notify Company within 60 days of receipt of funds if it decides to purchase adifferent quantity of items than what was awarded by Company, or if it chooses to apply funds differentlythan originally intended or approved by Company. Unused funds must be returned to Company.

If the Department plans to use funds for any purpose other than originally outlined and approved byCompany, the Department must first obtain approval from Company. In the event that the grant fundingis not utilized for the purpose(s) approved by Company andlor outlined in the original grant applicationand Company is not notified of any changes to the original request, Company reserves the right to revokethe grant funding or donation, request the return of the full grant/donation amount, and eliminate theDepartment from consideration for future funding through the Heritage Program.

It is the intention of Company to promote the grant and Company will work with the Department onpromotional efforts to ensure that they are mutually beneficial. If the Department is awarded a grant ordonation, Company expects the Department to participate in a check presentation ceremony that isscheduled mutually, but held within three months after the check is received andlor when the equipmentarrives. Company reserves the right to film andlor photograph the award presentation and publicize therequest and award in all internal and external marketing and communications activities related to theCompany Heritage Program. Company will provide stickers to the Department which indicate that theequipment was purchased with a grant from Company and the stickers are to be placed on the equipment

Page 1 of 2

purchased with funds granted by Company, as well as an electronic logo for printed materials. For iargedonations such as fire safety houses, Company has the right to assist the Department with design andsignage on the equipment and may provide additional funding for this purpose. Company invites yourdepartment to contact us to discuss any additional marketing or public relations assistance we canprovide on your behalf.

Finally, as a way to demonstrate the overall impact of this grant program, Company asks that theDepartment provide documentation demonstrating the effect the funding has had on operations. This canbe documented via E-mail, letter, photos, video, or however the department sees fit. We request that thisimpact be documented and shared with Company within six months of the receipt of the grant or donationor as special calls occur and the grant funds helped make a difference.

By signing this agreement, Department agrees to carry out the aforementionedactivities as planned.

Agreed to and Accepted:

Department:

By:

Date:

Print Name and Title:

Dept. Tax/Fed 10 #:

Make Grant ChecksPayable to:

Send Check to:(No PO Boxes)

(Xl

If check is being mailed directly to a vendor:

Vendor Name:

Contact Name:

Tax 10 Number:

Street Address (NOPO Boxes) for checkto be sent:

PLEASE PRINT LEGIBLY

Page 2 of 2

demaree inflatable boats, inc. I QUOTATION IInllatables for Induslrv

410 oak s~eet •box 307, frlend~~lle, maryland 215$1

TO:

NEWPORT FIRE DEPT. RESCUEDONALD [email protected]

ATTN:

In response to your inquiry, we are pleased to offer the following"

SHIP TO:

NEWPORT FIRE DEPT. RESCUEDONALD GUNNINGTO BE DETERMINED

ATTN:

Quote No. I Date I Cust No I SIM I Your Referenced Inquiry I Delivery PromIse I F.O.B. I Expiration0001265 105/11/11 INEWPOR I R I EMAIL WHITEY I 8·12WKSARO I ORIGIN I 60 DAYS

Unll Price ExtensionItem Quantity UlM Part Number Description $ $

001 1.00 EA RIB220701-3101 22' RIB TUBE 22" DIA (ARC) 10,800.00000 10,800.00• FABRIC 41 OlISO.YD. GRAY

HYPALON. (OR ORANGE)

·2 EA. RUB RAILS

• CUSTOMER NAME I LOGO

- AVAILABILITY: 8-12 WKS,ARO

- W-9 FORM AND LETTER FOLLOWS

OTHER MATERIAL OPTION:

NEOPRENE FABRIC 60 OlISO.YD.

WITH HYPALON PAINT.

COLOR OPTIONS:

WHITE, SILVER, YELLOW, LIGHT

BLUE, MEDIUM GRAY, DARK GRAY.

800 1.00 FREIGHT FREIGHT CHARGES 200.00000 200.00

FREIGHT CHARGES IS AN

APPROXIMATE COST.

MR. GUNNING - WE ARE

CONTACTING YOU BECAUSE OF AN

EMAIL WE RECEIVED FROM WHITEY

RUSSELL ON MAY 11TH.

PHONE: 301·746-5815 fAX: 301-746-5019 E-MAIL: [email protected] WEB; VAWi.dlbbollls.comTHIS ORDER WOULD REQUIRE A 113 DEPOSIT WHICH ALLOWS US TO SECUREPRODUCTION TIME, UNLESS OTHERWISE STATED. SHIPPING DATE IS BASEDON RECEIPT DATE OF YOUR PURCHASE ORDER AND DEPOSIT.

DEMAREE INFLATABLE BOATS, INC.

Page By: _

demaree inflatable boats, inc. I QUOTATION IInllatBbles for Indualrv

410 oak street. box 3Q7, friendsville, maryland 21531

TO:

NEWPORT FIRE DEPT. RESCUEDONALD GUNNINGnfdrescue@cox,net

ATTN:

In response to your inquiry, we are pleased to offer the following:

SHIP TO:

NEWPORT FIRE DEPT. RESCUEDONALD GUNNINGTO BE DETERMINED

ATTN:

Quote No. I Date 1 Cust No I SIM I Your Referenced Inquiry I Delivery Promise I F.O.B. I Expiration0001265 105/11/11 1NEWPOR I R I EMAIL WHITEY I 8·12WKSARO I ORIGIN I 60 DAYS

Unit Price ExtensionIlem Quantity UlM Part Number Description $ $

IF YOU HAVE ANY QUESTIONS OR

NEED ADDITIONAL INFORMATION

PLEASE CONTACT US OR OUR SALES

REP. GREIG JOHNSON AT CELL#

301·501·0361.

TERMS: NET 30 DAYS

RESPECTFULLY.

DAVE DEMAREE 1SHELLEY LLOYD

PHONE: 301·746·5615 FAX: 301-746-5019 E-MAIL: Info@dlbboals,com WEB; Vv'WlV.dlbboals.comTHiS ORDER WOULD REQUIRE A 1/3 DEPOSIT WHICH ALLOWS US TO SECUREPRODUCTION TIME, UNLESS OTHERWISE STATED. SHIPPING DATE IS BASEDON RECEIPT DATE OF YOUR PURCHASE ORDER AND DEPOSIT,

DEMAREE INFLATABLE BOATS, INC.

Page 2 By: -----------

Form W'iIi,9(Rev. OCtober 2007)DlIflllflJl"):(:fl\ 1>[ lh\i Tr(lAsvry)fl\,C!"i\ilI1:'!l'!vl!Jl\Jl)$fjj'vi¢o

Requefit for TaxpayerIdentification Number and Oertlflcatlon

lOlve form to thereqUllalllf. PO notsend to the IRS.

Q~,eol< ·IlPpropriate box: 0 Individual/SoIa prOPrletor5r"Corporauon 0 Partnetshlpo 1.1n'1ltoo liability company. Enler lhe tax classlfloatlon (O",dISrelWded Mtlty. C",corpora1lon, p",partnersflip)'" .••.•..o Olher !w& 100lMtion~) ....

At/q(fll';'& (fii)fliber, &tree1, andapl. or suUe no.)

1199ak Streat, PO Box 39"-7 -1Qlly. slale, and liP code

Frlend.vllla.I\lP 21~31

Namu ($.s shOwn on your Inoome tax roturn)

" P~marea Inflatabla Boals. Inc.[ BuSlne~g name, If differelH from above

e

ti~,Il

i~

O Exemp1plJyee

AeCluellter'S nam"iHmd addre$$ (opllonal)

Tl'IJ(llaYef Identification Number fTlN)

Ior

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In mQr~ than one n@me, $EJe the oh~rt On page 4'fOJ Quidelloss on Whose

09flollion of • V.II. peraoo. For ll<jetal tax purposes, you elecql'isl<1et~da lL$, pemol'llf you are:• An Ino:llvldual who Is a V.S. cltl.en 0' V.l>. rosldeht all..""ApllJtnt;Jrahlp, corporl,ltlon,cohJpanYI: pr'a$$,Q~I~tI9J1 cl'fil_~tedorotganl.od In lh. vnitac $tata. or undet lhe laws of Ihe UnltadStolea,• An estale (othor than e /orolgn eSlate). or• A d.meallQ t,u,t (s. doflned In RO\lUlatiOns section301.7701-7).Spoclal rulea for partnal'$htp.. Ips duct atrade or bu.in.... 'n the UMod d topay e wllhhold)ng lax on any fo efrom ,uoh bUM,..s. Further, In rro w·ahas nol beon received, • partners p presume Ihata partne' i. " foreign person, and paY I e withholding lax.Theroforo, if yOu are «U.S. pOl$On lhat I. a partnar In apartnership conduOtlng a trado or buslnass In tho Unltad Slale••provide Form w-a !o the partnelSO'p to e.tsbll.h your U,S.statu,sand·.avold withholdIng on your $har~ ofpart.ner~hlpIncome,

rhe peraon who glv., Form W·Blo the part fo,purpo.o. of eStablishIng fls V,S.•talus and av wllhholdlngo .PablasharaQf neUncomeJrom th~ 'hIJ)ega t"'de or busln..s In Iho Unltad In thofo Q, CQsfi:S:

!

ljn:4~(PEInaltie$ of perjury, I certifY 1hEU:1~ rh~t1\.lml:Jer shown on thts fonnis mycorrecl t~xt,)(~YE!'rldeN'flq~tlon nlJmt1ar {orl am waiting fora n\Jmbeftob~,IS$U$d to me).ahd2. I am not.ubJeotlo backup wllhholding because; (a) I am o,.,mpt ftom baCkup Wlthholdln~, or (b) I have not been notified by thelntarnal

f\.y.~ue S~tYlca (IRS) that I am .ubj~ot to backup wlthholo:lln~ a. a'e'ult ef a failure to r.port aUlnt.,••t or dlvldeno:l,. Ot (0) tho lAS has,"ptiftedh1fi Ihat I am no longElrsubJect to backup withholding, andl~m,'a,LJ;S.tlhlzei1 or Piller O;$,per$On (defined \)JtloW)·

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rr~,:: TIN. $,** ihelnstructions·on paq~4.

Instructions,Et~f$;nce$ann() the Internal Revenue Code unless

wl.e notod.

Pur lie of Formto tile an hifQrms,tlQn re:twn'W~h the

t tax a et Identlflcatlon numbar (TIN)to you. real (lstatopaid. acqul.itlon or

• cancellation 01 dabl. eru A,a only If you aro a U.S, porson (Including ato provldo yOur co"ecl TIN to Ihe person

be requester) and, When appllcablejto:I: Qertlfy thaI the TIN you are giving I. co"oct (or you are

W~ltlng lor a number to ba I..uoo:l).2, O.rtlfy thaI you aro not subjoct to backup Withholding. or~, q.lm exemption from backup withholding If yev are a V,S.

9X9mpl pllyge. If appllcabla. you are al.o c.rtifylng thaI e, aU,S. persen, your allocablo .hare of any partnershIp lneome I,ema .V,$, t,ada or buslns.a I. nbt subjocI to the wlthholdlng I.. on10,.19" panrj't\l' shar. of effecllv91y connocteo:l Income,~R1~;J(,!)t~qY:e$tergllJes you a form other than Form W.,9 torequast y¢ql TIN. you musl usa Ihe I.quester's ferm If It Is.ubslantlSlly slmUor 10 thl. Form w·a.


City of Newport


To:From:Date:Subject:

Staff Presentation:Applicant Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~fCity CouncilEdward F. Lavallee, City ManagJuly 13, 2011Award of Bid Number 12-005- Construction Equipment & Operator: SeaweedCollection and DisposalErik Reis, Beach Manager/Recreation Supervisor

Approve the award of bid number 12-005, Seaweed Removal from Easton's Beach, to All Island Landscape ofPortsmouth, RI for an amount not to exceed $10, 000 at the following rates: front end loader and operator - $95 per hour($125 on weekends and holidays); dump truck and operator - $95 per hour ($125 on weekends and holidays); transportseaweed or seaweed/sand mixture to farm or landfills - $95 per hour ($125 on weekends and holidays). Minimum hoursper arrival: 4 hours; Minimum time to respond to non-scheduled requests: 2 hours.


This operation is part of a continuing effort to keep Easton's Beach clean and free of seaweed on the beach. Dailyraking by City owned and operated equipment is sufficient to clear the beach on most days. However, there are severaloccasions during the course of the beach season when heavy seaweed infestation exceeds the capacity of Cityequipment. This contract provides for the additional resources to remove the seaweed thereby maintaining theattractiveness of the beach and its revenue generating capabilities.

PREVIOUS LEGISLATIVE ACTIONN/A

FISCAL IMPACTl Currently Budgeted (Account 08-800-5300-5023])

SUPPORTING DOCUMENTSResolutionBid TabulationCorporate Information

Requires additional appropriation _ No Fiscal Impact

Finance Dept Review: Date By:_~~_ (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS: The City of Newport requested Sealed Bids forConstruction Equipment & Operator: Seaweed Collection &Disposal, Bid # 12-005. Bids were received on 08 July 2011.

WHEREAS: Award has been recommended to the lowest,qualified bidder being All Island Landscape of Portsmouth, RI for anamount not to exceed $10,000 at the following rates:

Front end loader and operator - $95 per hour ($125 onweekends and holidays); dump truck and operator - $95 perhour ($125 on weekends and holidays); transport seaweed orseaweed/sand mixture to farm or landfills -$95 per hour ($125on weekends and holidays). Minimum hours per arrival: 4hours; Minimum time to respond to non-scheduled requests: 2hours.

NOW THEREFORE, BE IT RESOLVED: That the bid of All IslandLandscape of Portsmouth, RI is hereby accepted at a total NTE costof $10,000 dollars and the Mayor is authorized to sign said contracton behalf of the City, subject to favorable review by the City Solicitoris hereby approved..

IN COUNCILREAD AND PASSED


Tabulation of BID # 12-005 -Construction Equipment and Operator (at Easton's Beach)

All Island HK&S Richmond w. Anthony East CoastLandscape Canst. Sand & Grv. Excavating Canst.

1. Price per hour for front end loader and operator

Weekday= $ per hour 95 140 165 167.80 175

Weekend & Holiday= $ per hour 125 160 195 199.41 200

2. Price per hour for dump truck and operator- Beach Site

Weekday= $ per hour 95 90 85 91.93 95

Weekend & Holiday 125 110 99 118.19 125

3. Price per hour to transport seaweed or seaweed sandmixture to farm or landfill sites

Weekday $ per hour 95 90 85 97.18 95

4. Minimum Hours Per Arrival 4 8 8 8 4

5. Minimum time required to respond tonon- scheduled requests 2 8 12 24 4

Bid Closed: 08 July 2011

I ,

Bid # 12-005 ., I

LIst the Officers of your Corporation or Prlnclpals of your LtC. Award can not be done_____..l/WOJltrnhllloUJut'-J~lheJltlI\c:hment.,_... '0' ._n'o..__.. , . .. '.' n:'. " .. ' .. ' .'

. Name

Name

---lu~dVJtTltle/Officer/PoSltlon:-'---

\)'\ Ce, Pi~de/ifTitle/Officer/Position

¥<l.c:idf<) tAMMl.,~ /S€if>rxLTitle/Officer/Position

LMWtJ'R Au~«Title/Officer/Position

21Zg):.\jyT' .yr14f1!46tM-;ktfft?(/)PfTitle/Officer/Position '

Name

Name

Name

.I

"'f,

9

, TItle/Officer/Position

Title/Officer/Position

Title/Officer/Position

city council 07 27

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