City Council 07 27

CITY OF NEWPORT
DOCKET OF THE COUNCIL

The following items of business, filed with the City Clerk under the Rules of the
Council, will come before the Council at its regular meeting to be held on
July 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's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part ofthe regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY
UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT 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 part
of Bridgefest); 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 Adams
State Park, August 20 (rain date Aug. 21),2011, from 4:30 p.m. to
10:00 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. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City ofNewport
website: 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 the
Council 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 THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429}A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.
July 27, 2011
Page 2
3) Music Box, Inc., d/b/a Warehouse Sale (clothing); Newport
Yachting Center, 4 Commercial Wharf, August 4, from 5:00 p.m. to
10:00 p.m.; August 5 and 6, 2011, from 9 a.m. to 12:00 a.m.; and
August 7, from 9:00 a.m. to 9:00 p.m.
4) AmpSurf Association of Amputee Surfers, d/b/a AmpSurf Surfing
Clinic for Disabled; Easton's Beach, August 15,2011, from 7:00
a.m. to 2:00 p.m.
5) Turning Around Ministries, Inc., d/b/a 2011 TAM Walk; September
10,2011, from 8:00 a.m. to 12 Noon, beginning and ending at
Emmanuel Church (route attached to application).
6) Newport Brokerage Boatshow, LLC, d/b/a Newport Brokerage
Boatshow; Newport Shipyard, Washington St., September 15 to 17,
2011, from 10 a.m. to 6:00 p.m.; September 18,2011, from 10:00
a.m. to 5:00 p.m.
7) Newport Oyster Festival, Inc., d/b/a Newport Oyster Festival; Fort
Adams 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 Jacqueline
Way, Tiverton, RI.
d. Drain Layer License, Renewal, D'Libro Excavating, Inc., Daisy St., West
Warwick, RI.
e. Holiday Selling License, Renewals:
1) Long WharfInterval Owners Assoc., d/b/a Long Wharf Seaside
General, 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 Fine
Used Books, 330 Broadway.
g. Pedicab Operator License:
1) David Harrison, 60 East Transit St., Providence, RI
2) Beshka M. Kandell, 27 Sycamore St., Providence, RI
3) Elizabeth Neches Koltai, 824 Tolman Dr., Stanford, CA
July 27, 2011
Page 3
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 Society
Cultural Festival in Touro Park on September 10,2011, requesting a rain
date of Sept. 11, 2011, and permission to hang a banner in the park
promoting the Festival, beginning Sept. 8,2011. (Approve subject to
details being worked out with the city administration.)
J. 2008-2010 Clean Ocean Access Water Quality Monitoring Summary
Report (Receive)
k. Claims: (Receive and refer to City Solicitor)
1) Jason Barker
2) Frederick A. Caswell
3) Andrew A. Radel
COMMUNICATIONS AND PETITIONS
2. Communication from the City Solicitor, re: Consent Order - Environment
Rhode Island, et ai, v. City of Newport and Earth Tech, Inc., U.S. District Court
for the District ofRI, C.A. No. 08-265S (with accompanying Resolution
approving the Consent Agreement)
3. Communication from Michelle Dupree requesting permission to address the
Council regarding a plethora of mishaps.
RESOLUTIONS
4. Horizontal Curve Review, 205 Ocean Drive
COMMUNICATIONS FROMTHE CITY MANAGER
5. Memorandum from the City Manager, re: Letter to New Businesses
July 27, 2011
Page 4
6. Communication #4874/11, re: Newport Police Department Byrne Grant (with
accompanying resolution)
7. Communication #4875/11, re: Fireman's Fund Insurance Co. Grant (with
accompanying resolution)
8. Communication #4876/11, re: Bid Award for Construction Equipment and
Operator/Seaweed Collection & Disposal at Easton's Beach (with accompanying
resolution)
9. Communication #4877/11, re: Award of Contract for Broadway Streetscape
Final 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 Reading
System - Change Order No.1 (with accompanying resolution)
12. Communication #4880/11, re: Amendments to Noise Ordinance (with
accompanying ordinances)
13. Communication #4881/11, re: City Policy - Code Red Notification System
(with accompanying resolution)
14. Communication #4882/11, re: Valet Parking Ordinance Amendments (with
accompanying ordinance)
15. Communication #4883/11, re: Pedicab Ordinance Amendments (with
accompanying ordinance)
16. Communication #4884/11, re: Agreements between the City of Newport and
Local 1080, IAFF, for the periods of July 1,2005, through June 30, 2011, and
July 1,2011, through June 30, 2014 (with accompanying resolution and
ordinance)
RECESS AS COUNCIL AND CONVENE AS BOARD OF LICENSE
COMMISSIONERS
July 27,2011
PageS
BOARD OF LICENSE COMMISSIONERS
CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS
THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO
COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
1. Class F-I Daily Liquor License, Fort Adams Trust, d/b/a Summer
LuaulFundraiser; 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 State
Park, 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 Executive
Session in the Conference Room, pursuant to RI General Laws, Section 42-46-1, as
amended, and in accordance with Section 42-46-5, "Purposes for Which Meeting May
be Closed," Paragraphs (a) (1) Personnel Matters, and (a) (5) Disposition of Public1y-
held Property. The pending vacancy of the position of city manager and the
disposition of Carey School will be discussed.
RECONVENE IN OPEN SESSION and ADJOURN.
Kathleen M. Silvia
City Clerk
July 20, 2011
CITY OF NEWPORT
MINUTES OF THE SPECIAL COUNCIL MEETING
HELD JUNE 29, 2011
The following items of business, filed with the City Clerk under the rules ofthe Council, came
before 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 LAUGHLIN
JEANNE-MARIE NAPOLITANO
STEPHEN C. WALUK, MAYOR
ABSENT: CHARLES Y. DUNCAN
KATHRYNE.LEONARD
Resolution
NAOMI NEVILLE
HENRY F. WINTHROP
1. Amending Resolution No. 2011-071 to authorize an increase of $2,000 in the expenditure
for a 4
th
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 of private donations
for 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 and
VOTED UNANIMOUSLY.
Adjourn 6:31 p.m.
Laura S. Boiani
Deputy City Clerk
if;' 1\
- .
Cily ofNewport, Rhode Island \.
i JUL - 8 2011
i
I
DATE:
EVENT TITLEfIYPE:
LOCATION OF EVENT:
I
U//f ..5ij,. /1..- ? T,,?..--J ...Fe V-/'fi
e-
I
Date(s) of Event:
I
T<r eJ.o r-rt
/i <G' <z .5
r
0<
I
I
&
5-
7/'M..
c.<&/<r 7-
r
-Jill
Hours of Event:
r--.
Holder of Event & DBA:
I
7.5
C- <i' <:. / <f:',4 l. ,,L C-/,p..-<V c.eI
Signature ofHolder of Event: Ie:>
-:;.-
Printed Name: I .:::r-t:5ij' /l/ ;f/';(JC.t/',.;:3 0' -Fc/CI Title: I..> I
Address ofHolder of Event: I 7/'& 6- /0 D...r //,t;/.d!"/- ,/1/ d <iV' .--/to /L:Z::- I
Business Telephone: Ic::.' / ? - 1:)/ Ol 7 Residence Telephone: I I
Is Organization Non-Profit? lye.5 Is Organization Religious? I ,/l/P
Is there a charge for admission? I /I/@ I
I
c/ry
Is event to be on Cily, State, or Private Properly? -=-...:.....---:.--------------
Name of Properly Owner of Event Site: I--'\-'-ft __ _c.../_""' __.-c_-r _
Signature of Properly Owner: I
Printed Name of Properly Owner: I

Will Event be Indoors or Outdoors?
(Include Plan)
EVENTHOLDER---::-,.--:-::=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 If yes, what type:
Will there be animals? I Jf 2!i I
CIRCUS
CARNIVAL I f'! <P
~ ~ r - - ~ ~ ~ - - - ~ = = ~ - -
If yes, types of animals:
Type: IL... _ SHOWOREXHIBITION: I jVcP I
OTHER (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?
EVENTHOLDER_--::-:,,---,---===---=---=======
(Page 3)
Will LIQUOR be served?
If yes, 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-
Itemto be Furnished
For Retail Sales - Have you completed a "Promoter's Applicatiou For Pelmit to Operate a Show or
Event" 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 police
detail officers at sponsor's expense.
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) [=:J On Sidewalk(s) [=:J
Has 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 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:
(Include Plan)
UrtJ
D A LA" I I of
Printed 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 EwP0(2:[" J!2I 'tl-"-()----------
Business Telephone: lifQJ- b11- 5B01 I Residence Telephone:
Is Organization Non-Profit? Dfs Is Organization Religious? I NO I
Is there a charge for admission? [j f;s I I I
. SlATE,; PRtlPbP\'l
Is event to be on City, State, or Pnvate Property? ""L _
Name ofProperty Owner of Event Site: I . ,,'S1;# c/:::!l1acZ:4/lj d I
Signature of Property Owner:
EVENT HOLDER FOwl \'RUST
APPLICAnON FOR A SPECIAL EVENT LICENSE
(Page 2)
If so, location oftoilet facilities:
(Include on plan)
If Outdoors, will toilet facilities be provided? [j...."E:::.:cS _

(Include on plan)
Is parking available:
1
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.
tGYl + RS
DANCE [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'--__
NO
CARNIVAL I CIRCUS

Ifyes, types of animals: 1
SHOW OR EXHIBITION-:-:-;I=N=C\=:::;----::T:-yp-e-:
OTHER (describe) 1 ---'
GD-=-/'< _
1
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.......--_I
Ifyes, 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 or
Event" with RI Division of Taxation? (Contact No.: 222-2957) WILL sU8M. t"T kffLtc..A'(\(JI').
FIREWORKS
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
ROAD RACE, WALK-A-THON. ETC. On Roadway(s) On Sidewalk(s) c:=:J
Has notification been made to residents along the route? __
SPECIFIC ROUTE:
I
j
JlJL _ 6 2011
'f)!;v ..)
C)/
I
t t{v/l1/l-1"'=9k1.-- IvIJd,aEj "vcWn'n:7j dJ=
At(Ci -4-7
City of Newport, Rhode Island
APPLICATION FOR A SPECIAL EVENT LICEN8,];,
DATE: -
';::M=:/=/V=tl======
I /!/6WP",-/2-'1'" l@.J?l<1/6j
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
Printed Name: /l-1, &45'1< Title: I I
Address of Holder of Event: ---/60 >-7) ,lVf;;:.7.-vjtJt7tZ.T; I2;;t;..J
Business Telephone: I '!fLit{---- a,6CJ<'f: , Residence Telephone: I ,- I
Is Organization Non-Profit? I I Is Organization Religious? I ,--vi>
Is there a charge for admission? I ('1./0 I I
Is event to be on City, State, or Private Property? _
Signature of Holder of Event:
Name of Property Owner of Event
Printed Name of Property owner:1
/l1/C!.Jt;Z&
--'--'-"'-"-------'--------------
(Include Plan)
EVENT HOLDER Il/ /Vt.,;!:vpt?n T
APPLICAnON FOR A PECIAL EVENT LICENSE
(Page 2)
(Include on plan)
If Outdoors, will toilet facilities be
//V!?e7i1K t?IVJ/TC
CONCERT I _ I Is staging or platform required?
1 reI COPY OF TENT PERMIT MUST BE ATTACHED.
<Ii ' . IPJ>tJ t)4/ LY I
f'''J7) - !iCV Seating Capacity: L_"_-;=====
1 /VZ> I For how many vehicles? 1 -
(Include on plan)
-
Amplification?
I
DANCE

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 .--
If yes, types of animals: I.-

SHOW OR EXHIBITION: p

OTHER (describe) I ..---

EVENT HOLDER /lety
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-
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do youor the pyrotechnic have Newport Fire _ ____'=1='===== _
Time fireworks will begin: 1_-=-'--__ Duration: IL _
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) [=:J On Sidewalk(s) F
Has notification been made to residents along the route? __
SPECIFIC ROUTE:
APPLICATION FORA SPECIAL EVENT LICENSE
! I
EVENT TITLE/TYPE:
Hours of Event:
Date(s) of Event:
DATE: Ju07) 'tot(

All1pSLUI- Su ('fin] (///11( fcr'/U DisaW.f<h
LOCATION OF EVENT: I Wi:JzrflIJ- / r I I
,
I MOVid{U,} Iftiq(Jsf rc 26If I
I 7 A1VI- z- PJ1t1 I
Holder ofEvent & DBA: I A111P9.W{- of- AWlpulEeSCvtf1J
Signature of HO,-Id_er_o_fE_v_en_t:...=1 ::::'=)=i '::::/::::'=(::::/::::'J::::::::,:="::::'=::;-__-;::::==:======I
Printed Name: I [)QJVli C(,vtIJflW1
ifU
3r I Title: IGxec Drrech-I
Address ofHolder of Event: I P6 f)o'/C 564fs 0b q
,
Business Telephone: I 52--1/ I Residence Telephone: I'86S-- 4-41- '?2.71 I
Is Organization Non-Profit? I yG"r;. I Is Organization Religious? I /.J 0 I
Is 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
Signature ofPl'operty Owner: IL _
Printed Name of Property owner:1 LAij of 1Ve-wplJyf; (L(
Will Event be Indoors or Outdoors? I 0err (J{ o6rf
(Include Plan)
. -'---"",.'-----_. -----.-----./, .. _-_..,
EVENT HOLDER ArYleS'u. v.f
APPLICATION FORA 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 I
DieS I
(Include on plan)
(Include on plan)
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 ?JIlt
DANCE I AI fI4. I
(
DEEJAY IiJ7/4 I
Amplification: 1l---'-fVI.:....A.:....__
SPORTING EVENT I yt;;<;' I Type: I AdtLtIJt (VB _
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,;-!
PLAY I (VIA] If yes, what type: _J
CARNIVAL If/ffJ I CIRCUS I tv/11 I
) t
Ifyes, types ofanimals: IAi IA

SHOW OREXHmiTION: rRT1JI Type: I to 7If.

OTHER (describe) I N/ A
--!-,-,-'------;=================
1 _
I \IJ 0
I
I fv /It
i
-_ ..------ -- ._- ----------
EVENTHOLDER AI11D5(}Jrt
APPLICAnON FOR
(page 3)
If yes, will you be applying for a Class For F-l Liquor License?
[ (J 0
1fJ}A
I 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-
I
lulA
Item to be Furnished List Names of Vendors
Nl/r
Event" 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.- _
If fireworks are tor longer than 15 minutes, arrangements mnst be made for police
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s)
SPECIFIC ROUTE: TV/A
I
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
1401-846-5202
Residence 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
. 1401-846-8264
Busmess Telephone: L- _
Is Organization Non-Profit? ILY_e-;::S===-_Is Organization Religious?
Is there a charge for admission? INo I
I
City Property
Is event to be on City, State, or Private Property?
Name of Property Owner ofEvent Site: Ir C-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
(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: IL
N
_
/A
_-;======
1
30
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: 1 SPORTING 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 _
1
N/A
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.
(page 3)
Ifyes, will you be applying for a Class F or F-I Liquor License?
Ifso, whose? 1 _
Will there be gambling, e.g., bingo, raffle, etc.? IL
N
_
o
__
N/A
Do you have State Police Approval? 1 _
Item to be Furnished
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval? !_Nl_A -'
Duration: IL- ----'
NOTE: If fireworks are to begin or end after 10:00 p.m., a sonnd variance must be obtained.
ROAD RACE. WALK-A-THON. ETC. On Roadway(s) c=:J On Sidewalk(s) ~
Has notification been made to residents along the route? No
Have temporary signs been posted? No (Signs must be removed by the following day.)
SPECIFIC ROUTE: See attached sheets
Route: The walk-a-thon will begin
at 40 Dearborn Street. Walkers will
proceed on Dearborn Street toward
Thames. Upon reaching Thames,
the walkers will turn right onto
Thames. They will then proceed
north on Thames until they reach
Marlborough Street. They will Turn
left and proceed on Marlborough
until they reach Dr. Marcus F.
Wheatland Blvd. The walkers will
turn left onto Dr. Marcus F.
Wheatland Blvd. They will proceed
on Dr. Marcus F. Wheatland Blvd.
until they reach Broadway. They
will walk north on Broadway (on the
left side of the street facing traffic)
until they reach the crosswalk
across from the old Sheffield
School. At the crosswalk, the
walkers will cross the street and
proceed South on Broadway. They
will continue on Broadway until they
reach Spring Street. They will turn
left onto Spring Street and proceed
south until they reach Dearborn.
The walkers will turn right onto
Dearborn Street and continue
walking until they reach the starting
point of the walk-a-thon. The entire
route is 4 miles.
I
i
i v !.]liI' ,;

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 Holder of Event: /'
/
Title: --=:1==============1
Address ofHolder of Event: I 5 MCLtJV1li.Xlu 2JA Ue.tupret I
Business Telephone: cGi:UJ'i; yCj -0131-- Residence Telephone: e;;:":5f:1
Is Organization Non-Profit? L1J 0 I Is Organization Religious? r-Il () I
Is there a charge for admission? LK.... )-"D,------,
Printed Name:
Name of Property Owner of Event Site:

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'Auv
(Page 2)
-I
Amplification?

I
(Include on plan)
Expected Attendance: I
]
Is parking available: I
']
Seating Capacity: L =:=J
For how many vehicles? I I
CONCERT WJID Is staging or platform required? I - I
1 -----
DANCE C1IjID DEEJAY LilJlIJ Amplification: I '-
SPORTING EVENT CDjliJ Type: . _
Set-up Dates (Sporting events only): 1 _
PLAY c::M:JID If yes, what type:
CARNIVAL __ _
If yes, types of animals: 1 _
Type: 1 _
OTHER (describe) I

Are required approvals attached, e.g" State, Recreation Dept.?
SHOW OR EXHIBITION:
EVENT HOLDER N-ewf?qr 13wk""(
pc
s"'e fA.d.J'ho?L
(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? em
List Names of Vendors Item to be Furnished
FIREWORKS
Dllration: IL -----'
detail officers at sponsor's expeuse.
ROAD RACE, WALK-A-THON, ETC. On Roadway(s) UJjl On Sidewalk(s) c=J
SPECIFIC ROUTE:
1:.: !! \",
': ;
DATE:
City of Newport, Rhode Island , I' JUl
APPLICATION FOR A SPECIAL EVENT LICENSE!'. 13 2011
! '
! L
7J13/2.c>I\ L G
J
i! I
EVENT TITLE/TYPE:

,
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
7 :00 itr"",
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 I I
Is event to be on City, State, or Private Property? \.."-t:e.... Qr I,,,,
Name of Property Owner of Event Site: I ...s:.-f:;;-j;i c:J;::: I?/x:;LG :::Z:S:dtVL

(Include Plan)
Printed Name of Property Owner:
EVENT HOLDER ----__-- - cc:-
(Page 2)
If Outdoors, will toilet facilities be provided? I

(Include on plan) ,
(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? I I Amplification? Lye,:) I
DANCE
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 \ ", f"%:!i''''' i"\ ,,"-}. k
v
,Ii!>::
Are required approvals attached, e.g., State, Recreation Dept.? I......... _
Is a street closing being requested? I'--f_".=)_v...::''-- _
Will food be prepared on the premises? _
If so, is'Health Dept. Inspection Approval attached? 1).)iH
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> I
Do you have State Police Approval? 1 _
For RetailSales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" 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.
Iffireworks 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 ) ~ ) I
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
Application is made for the following license: .... . ... .. ". .J
Date of Duration: _ANNUAL_ Business Telephone: Cli i il i:,';?Oin
<! 1 L r A I .. d.-- CilY Cl.fT:S c>rCE
Location: <JT/'eeT;> (/1- lfIe1.!ffIIVL ......---.........-.... ......---
D/B/A _Hz> -c:-I!
Signature of Applicant:
Print Name of Applicant: 19d1tutL f, ,'m'xh/'CTc
-.f1d1tW( Sp,ltb
Owner Telephone: 5lJ'iJ -(..31
0
,
Owner Address: '76 0ae.qJ.uJ me 11WtL-\zlV' (1;;I (J?J????
Mailing Address: \(Y'>d- HiqllidilJ1 nn- 0;)'7')<\
Filing Fee $15
License Fee $100
License Number:
Date Paid: _
Date Paid _
COUNCIL ACTION: _ DATE APPROVED: _
License issued by: Date Issued: _
Drain Layer Licenses expire on June 30
th
each year. The renewal application must be submitted in time to go
before 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.doc
1D (fSunday.SellingID>I Previous Docket Utite ..Do{'kcb>
Created on 7(l4i2008 10:22:00 AM
APPLICATION FOR LICENSE
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
IiI'll ee) 112 II [t;_11
Ifyll i J
It _JUL 18
cn-Y 'ii I,,:l".',.:<:,'(i'
CITY el.m:"s ':"ieE
ATI:-=lI7Iay f ",,,,----"
Application is made for the following license: DRAIN LAYER
Filing Fee $15
License Fee $100
License Number:
Date Paid: _
Date Paid _
2909
COUNCIL ACTION: _ DATE APPROVED: _
License issued by: Date Issued: _
Drain Layer Licenses expire on June 30
th
each year. The renewal application must be submitted in
time to go before the City Council prior to July Ist. .
An insurance bond is required and must be approved by the Engineering Department.
\{ :\)\1 1.icellscs\Drai nl.aycr\/\pp [)railll _ilYcr! .ic\'Jlsc.2009,doc
ID 3G Previous Dock\:t Date: 06/23/;:0 [0
Ch'akd on 5/ J 1f2f)09 9:2.0 1-\1\1
11 I'HVI'J-\;lty \;18rJ\S VInce
. --rJJ---ZlV
I IT' 1-' 'I \' I' " -1
1 \ 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 i, 'I
Year'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.. TbanksgMn
nay, 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 on
locatiop, flower, garden Bnd garden actessory shops, vkleo stt'Jre$, apd (HI General Law5-2 ) CI\-Y L,
ApplicatiA:>n is made fo.: HOLIDAY SELLING LICENSE Oat,,:
LICENSE DURATION:
BUSINESS OWNER:
(IndividUal, Corp/LtC. etc.)
BUSINESS DIB/A:
BUSINESS LOCAnON:
OwnerlRepresenuitive;
Authorized Signatllre:
Owuer's Home Mdress:
Business Telephone No,: Home Telephone No.: _o/tii.- 639 '-"/ '71)
MAILING ADDRES: (eirel" one) @Buslness location eM owner's address II:) Upeclfy)
-------------------------_._--.. _-
The undersigned has been in business since (yellr): I b _
The business is principally engaged in the sale of the following types ofgoods: __lrEII1.$__
CJ:rr SHoP.J}.f!!tJ1J.LS __._.
TRANSFERS ONLY COMPLETEnus SECTION
PREVIOUS BUSINESS (ownership): __ ..__ _ , .. _.__. .
PREVIOUS BUSINESS Dffl/A: __ . . . ...__. .__.._ ... __.__. .__._.__,-_,
PREVIOUS BUSINESS ADDRESS: .. __..... ... _ .. '"_.__._. . ._. .. _
PREViOUS OWNER'S SrGNATlm..E: __,.... . ... ... .__._.......__,.. .._ ... _
R. liB!;; ONLY /
Filing $1:5,00 Dal;; Paid71. ._ New."".__ .Retl,;,wlIl .._,"fj'tl.ll$fer .. _._
UCeli8e $:HlQ.\IO Dilto l'aid j/JJfJL _...
DOCIQJ;.l nA:FE: . ..,.."',.."..",._......... COFi'iCU, ACTW)N:".,,, .. _,.__N_'.".. ....._"... it ..... ...._,_..,,_,__.
OTJol L7t 2Jj} I
PFf
JUL - 8 2011
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail on 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 25
th
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 garden
accessory shops, video stores, and bakeries. (RI General Law
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 31,2012
Dennis 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 If er '!:!!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 Renewal __Xp-__Transfer _
License Fee $100.00 Date Paid 1/1
DOCKET DATE: 1/27111 COUNCIL ACTION: _
I I
License issued by:
Date: _
*********2011*********
'QM
JUL - 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'" I
/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. _ ...'P-1 ....
. '"rJ
Owner/Corp. Telephone #:
Mailing Address (circle one)(a) business 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 _
DATEGRANTED _
Initials:
---
SCCOJHII-JalldAPPl\krgtQOII OJ/IB/ll ID 14
06/13/2011 15:10 401-846-2321
DPW STREET+SIDEWALK
PAGE 03
15 2011
,JUL
City of Newport
Department of Public Services
Clean City Program
2011-20UtWASTE HAULER LICENSE APPLICATION FOR THE
COLLECTiON 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: Rec.,ljdtJoS/I'nc.
Business Owner: _.
Business Address=::.19 D 2.15 (PQ
BusinessPhone#: Oa..,qo
IQblQWAIl];, HAULiB LICIiiNSE FEEii,g.o YgAB
CHECKS SHOULD BE MADE PAYABLE TO: CITYOF NEWPORT'
PLEASE RETURN APPLICATION &FEE BY JUNE 10,2011 TO;
CITY OF NEWPORT, ATTN: CLEAN CITY PROGRAM
80 HALSEY STREET. RI 02840
After 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 Lf (to
Vehicle 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'P
Vehicle 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" of Vthl.9lt. ,
Vehicle Identification Number 1)fY) 9- pat,neX.X MOY: 'd.783 \i
Vehicle License Plate Number 3'7J., 'i? Make__-.,.,.:..IY);..,;,.:l\c...C,_'.'2-:'-'-:,.-- _
Color . We.I/DW Type of Body p;l)11-DfO-E
Gross Vehicle Weight -:TO/ODD Unladen Weight .?2I-fJ srOB
Vehicle used for the transportation of
Has the vehicle been issued an Inspec-:-:-tio-n-C=-e-rt'""ifi;:-"lc-at-:-e-:"b-y-:':th-e-:S::7ta-:t:-e-o'::-f
Ptac:tlRJIpn of Yehlele ._ .._ _ , .
Vehicle Identification Number I FitXt 75 ) 3,:, VL.Q..b(p to()
Vehicle LicenSE! Plate Number m d. Make fP,d
Color .ut-l)DW Type of Body t DI \ .- l;?'\=
Gross Vehrtle Weight :23.000 Unladen Weight . 14! '11
0
'1
Vehicle 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 Newport
Department of Public Services
Clean City Program
I'
L
,JUL 1 5 2011
J.
2011-2012 WASTE HAULER LICENSE APPLICATION FOR THE
COLLECTION 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 License
Business Name:
Business Owner:
Business Address: ,t(;j/
Business Phone _
SOLID WASTE HAULER LICENSE FEE: $250 PER YEAR
CHECKS SHOULD BE MADE PAYABLE TO: "CITY OF NEWPORT"
PLEASE RETURN APPLICATION & FEE BY JUNE 10, 2011 TO:
CITY OF NEWPORT, ATTN: CLEAN CITY PROGRAM
80 HALSEY STREET, NEWPORT, RI 02840
After your application is approved by the City of Newport's CityCouncil,
your solid waste hauler decals will be mailed and must be affixed to each vehicle.
Please provide Information for all vehicles to be licensed and use an additional sheet if necessary:
Description of Vehicle . ,1\ L \' .... ,
Vehicle Identification Number 31 L (,00 ICJ .J
Vehicle License Plate Number L.j 0- a \p J ",-.--,--- _
Color Type of Body 1(....(l.JU\.. l5[)I:)
Gross Vehicle Weight. Lt"l \ !.pO _. _
Vehicle used for the transportation _
Description of Vehicle '.' (). . i I 1V) 6 0) k&.:I..."")
Vehicle Identification Number .J M,)[ I \ '1 I( w
Vehicle Lic.e e Pilaate Number----=:I <.0-- d {5 r3 8'" --'-''-----,--- _
Color " Type of ... _
Gross Vehicle Weight Unladen Weight'- _
Vehicle used for the transportation of, --,-__---,-----,:--_--:-=..,.,,- _
Description of Vehicle /"\ 1\ ,I . c: (\ l ' -() - r-u
Vehicle Identification Number - I - t" CO I j
Vehicle LiCfm!;A. ,rNumber Lj (),. \ j i Y \ Make \-t9rJC
Color __ . Type of BodyfG?1r::
Gross Vehicle Weight (pc" tQU Unladen Weight
Vehicle used for the transportation of,-::_=--::::---:--:-----:-:---;:o:-c,----;:-=:;;;- _
1
JD d-.
0
( I
(
OP\18 uUL'-il7/liJ L!
C:1j
fiji' ' () ,
)cc"7 '1
,W' ftf"'$-.i' "'-

"I 9fT ;;)0 II

Clean Ocean Access 2008-2010 Water Quality Monitoring Summary Report
-----
This page is intentionally lett blank.
2
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 4
th
2008 to December 29
th
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
---------
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 PROGRAMACTIVITIES
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
~ ~ - - ~ ~ ~ ~ ~ - - ~ ~ ~ ~ ~ ~ _ .
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: .'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

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 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 lsi and
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 6
th
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
- - ~ ~ ' - ' - - - ~ ' - - - - - - - - - - - - ' - - ~ ' - - - - - ' - - - - -
3.02008-2010 Water Quality Monitoring Results
3.1 Overall Sampling Results & Samples above acceptable limit - Distributions
During the time frame from January 4
th
2008 to December 29
th
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 Single
Sample Maximum (104CFU/l00ML)
2009: Total Samples above Single
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 ElmStreet Pier
I\!l Van land! Pier
2010 : Total Samples above Single
2008-2010: Total Samples above
Single 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 20082010 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.
,----------------,,....--------_.--------,
20082010 Monthly Precipitation
2.0082010: B1monlhlv Geometric Mean for all swlmmlnglocatrons
,,,,---------------
Yea' -2008 Yea' -2009 Year -2010
"'j-----

'''j---------4------
/1////1

! .. l--------14----------1-----
I ._-
Wfm>n\e..h
I
I
IMIMlS.,,'
I '"
l&!lIr..lPiol
.V>l/.WIP\<I
so ,---------------
40
10 t----I-----:--------
0.-._.,-..,-.,-................, _
ii,iJfil

\ "
30 i---------.------
1i
c 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
th
2008 to December 29
th
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
10816
6867
255
2755
1145
:r
727
"
613
2:
529
M
441
422
385
~
285
216
238
'S
13
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 Mean
Enterococci Water Sample Results
253
3 5 ~ - - - - -
61
46
36
- ----_._--
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)
th
2008 to December 29
th
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
657
754
620
41t
337
216 213
1 ~ 6
105
251 252
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
. ~ - - - - - - - - - - -
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 ~ e e 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 Mean
Enterococci Water Sample Results
79
68 69
105
56
35
i-- --\
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
th
2008 to December 29
th
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"'01.-----------
"
0
0
"
,
.
I
10
il
!
106
703
350
06
419 364
27
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 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 - --
175
0
0
-
"
140
"

E
0
105
<11
'8
8
e
70 w
42
3. 35
35 ,-
Jll 0-
IIiii iii II
LLlII 1M ....
II
I Mil .l , , , ,
s 0
(} 9J1 6- !<,v
# #
.# -\\')
.;)"v\"?' ,,4J,0

,"((; .,,, .$'
t;;)''''' f;;j'
, <p' <p <p' !f> ' .' !f> t;;)t;;)Oj R)o,' 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 20082010 Water Quality Monitoring Summary Report
-----
3.5 20082010: Water Quality Monitoring Summary for Marine Beach
th
2008 to December 29
th
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:
20082010 : Marines Beach Weekly Enterococci Water Sample Results
24192

10816 -l------------------------+---------f
5172
3448
2282
4.9
327
95
39
386
22
1153
336 ,>,Sf' 324 J1
,.7
504
13
13 336
9
.5
2
663
443
1 307
173 183
1

0
0
M
:>
"'-
s
8
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
35
35 t--- ----- -
44
39
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
------------------
3.62008-2010: Water Quality Monitoring Summary for Kings Park Swim Area
th
2008 to December 29
th
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
11199
10816 +-------------------,------------------1
6867 6867
3282
3873
59
754
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
-----_._---------- - - - ~
standard is 35 CFU per 100ml for a geometric mean. The ;1_" ell:l!.un Access weekly sampling
2008 - 2010 : Kings Park SwimArea BI-monthlv Geometric Mean Enterococci Water Sample Results
245 -1===================================1
210 t------------------.
~ 175 t---
~
~
J140
. ~
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
----
3.72008-2010: Water Quality Monitoring Summary for Elm Street Pier
th
2008 to December 29
th
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
107
131 134 135
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 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 +::====================================1
210
;I 175 +---------------------------------------1
c
c
];I.
J140 -j---------------------------------------I
J105 +------.-----------------------.-----------1

j
- '0
3S
o JULhuJu..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
th
2008 to December 29
th
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
11199
10816 t--------,-----------
---H-----1------H---I-fI-t--f-+-----------r----1
?
Q
Q
""
"
~
><
'S
B
e
~
104
~
..
S!
!
77
269
305
17
288
6
185
13 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
i
Ii 140 +------------------------------------------1
:!!
~
JlOS +--------------------------------------------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.
!,!.
"S
0
u
e
~
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
- - ~ ~ - - - - - - - - - - - -
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 Water
Sample Results
II Esplanade North I1Moat
1600,------------------------------------,
1400
1
1200
~ 1000
I
u
'C 800
)
19 600
. ~
~ 400
w
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
~ o
00
,,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. 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
----
Appendix for 2008-2010 Water Quality Sampling Results:
Table 2.0 Legend of Abbreviations and Qualification of Values of 5:
EP = Easton's Point
EN = Esplanade North
EB = Easton's Beach (East)
M =Moat (Stream Mouth)
OP =Ochre Point
MB = Marines Beach
KP =Kings Park Swim Area
ES =Elm StreetPier
VZ =Van Zandt Pier
Enterococci results of less than 10 were reported numerous times which is indicative of very low levels
of Enterococci in the water sample. To support the data analysis of the data these values were set to a
constant 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
IVlunUt 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
~ ~ ~ -
----
Table 2.2 Bi-monthly Geometric Mean
Period EP EB OP MB KP ES VZ
2008 - JAN/FEB 9 12 6 8 9 8 8
2008 - MAR/APR 11 26 10 35 17 13 10
2008 - MAY/JUN 16 22 10 18 12 12 10
2008 - JUUAUG 61 68 36 191 30 31 43
2008 - SEP/OCT 26 69 42 179 27 13 11
2008 - NOv/DEC 15 21 16 78 44 18 14
2009 - JAN/FEB 12 14 18 39 68 26 17
2009 . MAR/APR 10 17 10 21 14 12 10
2009 - MAY/JUN 13 18 10 44 15 18 11
2009 - JUUAUG 253 79 24 145 57 24 24
2009 - SEP/OCT 36 44 35 31 72 16 64
2009 - NOV/DEC 17 56 24 28 12 24 33
2010 - JAN/FEB 7 13 7 8 9 13 8
2010 - MAR/APR 5 11 5 8 9 15 9
2010 - MAY/JUN 20 25 9 35 10 11 8
2010 - JUUAUG 46 105 12 148 16 14 11
2010 - SEP/OCT 20 35 5 69 57 15 9
2010 - NOV/DEC 8 11 20 20 21 9 7
37
Clean Ocean Access
Table 2.3 SamplingStatistics
---
2008
,_ ... ... ...
2009
_, '__ . _._,
2010
3 Years 147
38
Table 2.4 Single Sample Values for 2008
i Date
I
EP
I
EN EB M OP MB
I
KP ES VZ
4-Jan-08 5 50 5 5 5 5 5
10-Jan-08 5 51 5 5 5 5 5
15-Jan-08 5 5 5 5 31 5 5
23-Jan-08 5 5 5 5 5 5 5
30-Jan-08 5 5 5 5 5 5 31
6-Feb-08 52 5 5 5 5 5 5
13-Feb-08 10 20 10 72 10 10 10
18-Feb-08 10 10 10 20 10 10 10
27-Feb-08 20 20 10 10 63 63 20
6-Mar-08 10 10 10 10 10 98 10
10-Mar-08 10 10 10 52 20 10 10
20-Mar-08 20 703 10 173 160 10 10
27-Mar-08 10 10 10 10 10 10 10
2-Apr-08 10 10 10 30 10 10 10
7-Apr-08 10 10 10 40 10 10 10
17-Apr-08 10 10 10 10 10 10 10
22-Apr-08 10 30 10 40 10 10 10
29-Apr-08 10 252 10 183 41 10 10
5-May-08 10 10 10 10 10 10 10
13-May-08 10 10 10 10 10 10 10
19-May-08 10 10 10 10 10 10 10
28-May-08 10 10 10 10 10 10 10
4-Jun-08 84 119 10 98 10 10 10
12-Jun-08 10 20 10 10 10 10 10
18-Jun-08 10 30 10 10 41 10 10
23-Jun-08 41 84 10 96 10 31 10
l-Jul-08 63 131 7701 3448 63 10 10
7-Jul-08 74 86 10 114 20 171 11199
14-Jul-08 52 52 31 313 52 168 677
21-Jul-08 441 10 10 663 10 74 10
29-Jul-08 41 163 40 52 20 10
4-Aug-08 10 85 106 124 10 10 10
12-Aug-08 216 213 10 443 173 63 30
19-Aug-08 63 181 10 185 10 10 20
26-Aug-08 20 10 10 10 30 10 10
8-Sep-08 10 52 10 307 51 10 10
17-Sep-08 10 31 31 51 20 10 10
25-Sep-08 10 98 10 84 10 20 10
2-0ct-08 10 96 20 10 62 20 10
9-0ct-08 134 20 7701 5172 160 20 20
14-0ct-08 529 97 52 988 10 10 10
21-0ct-08 10 251 10 86 10 10 10
6-Nov-08 10 20 30 74 131 41 20
14-Nov-08 10 30 10 504 10 20 10
21-Nov-08 10 41 10 10 20 10 10
25-Nov-08 30 31 41 413 31 41 10
l-Dec"08 10 105 20 41 754 10 10
10-Dec-08 10 10 10 313 52 20 10
17-Dec-08 20 10 30 95 20 31 31
22-Dec-08 72 10 10 30 31 10 41
30-Dec-08 10 10 10 20 31 10 10
39
,
Dale EP EN EB M OP
,
MB KP ES VZ
I I
15-Jan-09 10 1259 10 10 703 92 6867 10 10
22-Jan-09 10 809 10 20 10 10 74 10 10
29-Jan-09 31 1664 41 907 10 336 148 538 269
5-Feb-09 ~ 10 14136 10 98 10 51 10 10
12-Feb-09 10 1624 10 960 10 84 30 52
19-Feb-09 10 1396 31 109 10 10 31 10 10
26-Feb-09 10 336 10 110 10 10 10 10 10
5-Mar-09 10 41 20 10 10 10 10
12-Mar-09 10 10 122 10 10 10 10 10
19.Mar-09 10 41 52 10 10 10 10 10
26-Mar-09 10 10 63 10 20 10 10
2-Apr-09 10 31 160 10 100 253 10 10
9-Apr-09 10 10 379 10 10 10 31 10
16-Apr-09 10 10 10 10 336 10 10 10
23-Apr-09 10 20 156 10 10 10 10
30-Apr-09 10 10 63 10 10 10 10
7-May-09 10 683 10 10 20 41
14-May-09 10 41 10 52 10 10 10 20 10
20-May-09 10 10 275 10 41 10 10
28-M"y-09 10 10 262 10 257 10 63 10
4-Jun-09 10 11199 657 5794 10 285 10 10
11-Jun-09 10 41 389 158 20 10 10
18-Jun-09 20 30 10 73 10 31 10 10 10
25-Jun-09 30 20 10 86 10 10 74 10 20
2-Jul-09 1935 135 20 350 2282 598 30 173
9-Jul-09 285 3255 146 223 106 97 11199 107 305
17-Jul-09 10 20 30 717 10 126 20 20 10
23-Jul-09 148 122 216 84 10 324 10 10 10
30-Jul-09 6867 15530 52 106 10 10 52 10
6-Aug-09 74 31 126 20 10 10 20 10
13-Aug-09 813 4611 620 768 10 80 10 97
20-Aug-09 3255 41 96 3873 31 1153 10 10 10
27-Aug09 30 10 278 10 341 85 10
3-Sep-09 84 213 20 31 120 10 10 31
10-Sep-09 10 20 213 63 10 10 10
17-Sep-09 10 3873 20 10 187 240 10 72
24-Sep-09 2755 337 62 142 73 97 131 10
1-0el-09 10 1607 41 41 10 30 10 10 138
8-0el-09 20 278 20 61 10 10 213 10 288
15-0el-09 10 10 10 10 10 10 323 20 226
22-0el-09 238 336 41 30 419 10 10 20 10
29-0el-09 10 934 63 359 109 74 3282 148
5-NOv-09 10 1785 10 20 327 10 10 10 10
12-Nov-09 10 74 410 231 10 20 10 51 10
19-Nov-09 10 318 73 61 10 10 10 10 10
25-NOv-09 10 990 10 173 10 10 10 10 185
3-Dee-09 422 19863 754 364 24192 20 134 85
1O-Dee-09 31 1396 187 246 20 20 73 41
17-Dee-09
,
10 119 61 72 10 10 10 10
23-Dee-09 10 95 20 20 10 10 10
30-Dee-09 10 41 10 10 10 10 10 780
40
Date EP EN EB M OP MB KP ES VZ
14Janl0 10 31 122 10 10 10 10
21Janl0 10 148 10 171 10 10 10 10 10
28Janl0 10 330 10 20 10 30 10 20 10 .
4Febl0 5 298 10 98 5 5 5 5 5
18Febl0 5 216 5 63 5 5 5 10 5
25Febl0 5 547 30 243 5 5 20 31
4Marl0 5 74 5 20 5 5 5 5 10
11Marl0 5 3784 5 121 5 5 5 10 5
18Marl0 5 31 20 20 5 5 5 41 31
25Marl0 5 5 5 10 5 5 30 41 5
1Aprl0 10 63 20 275 10 20 110 135 52
8-Aprl0 5 588 85 41 5 10 5 10 5
15Aprl0 5 20 5 10 5 5 5 5
22Aprl0 5 10 5 20 5 52 5 5
29-Aprl0 5 85 31 512 5 5 5 5 5
6Mayl0 5 5 10 63 5 5 10 10
13May-l0 10 118 10 30 5 5
27Mayl0 5 7701 52 14136 20 10 31 5 5
3Junl0 10 909 41 8297 10 61 10 10 10
10-Junl0 20 2489 20 4884 10 62 31 5 10
17Jun-l0 41 14136 31 408 5 5 74 5
24Junl0 613 86 52 301 20 41 10 10 10
1Jull0 10 4884 72 497 10 20 10 10 10
8Jull0 63 135 428 725 10 223 10 10 10
15Jull0 10 10 20 12997 41 386 259 41 74
22Jull0 385 70 496 10 126 10 10
29Ju/l0 10 61 1616 2014 10 17329 10 10 20
4Augl0 5 359 309 30 5 41 5
12-Augl0 727 441 207 292 20 839 20 31 10
19Aug-l0 10 10 145 5 20 5 5
26Aug-l0 1145 183 10 187 5 73 10 10 5
9-Sepl0 5 10 74 109 41 10 5
16-Sepl0 5 20 97 10 3873 10 5
23Sep-l0 108 223 63 2282 10 5 31 5
30Sep-l0 96 20 5 238 5 19863 5 10 5
7Qctl0 30 1597 52 988 195 6867 10 10
14Qctl0 5 5 5 41 10 5 5 10
21-Qctl0 10 381 111 85 10 10 5 5
28Qctl0 74 7701 185 8164 5 327 305 110
10Novl0 10 1391 63 272 160 10 20 10 10
17Novl0 5 15531 9804 86 489 161 20
24Novl0 5 52 5 354 5 5 5 5
1Decl0 5 697 10 41 5 5 5 5
8-Decl0 10 31 5 86 10 10 5 5
15-Decl0 41 30 41 906 10 98 52 10
22-Decl0 5 158 5 41 5 5 5
29Decl0 10 52 5 496 10 74 5 5
41
..... h

Q '?:.bb
JUL 18 2011
J.)--L\I A",
d"e.. of"
c..
1 '\
Co <\vu.k, "\
( c...v';" \ 1
\' 6 "lC--"C1l
k
;t";>
-I-r<...,f,r t, l.; -e.-c:e-:l
s
J
e.s,Jr; ""- .l.z..-.
J"'-"'" e..oJ .

cC<-),.'-<..\ ') (...-
".0 (J.e.r-

Ct-- (,; 'vwI\.
\ \ ')
Lc..r t--I-,"(""
1
0
<1_
Bq,Ler-
)(.
Prilitad ori
Newport Police Department
Page Number
07/18/201lc
Operator Information Sheet
1 of 1
Report Required: N]
General
Accident Date
07/18/2011
ITlme
1
0030
IReponing Officer
!RECORDS CLERK MARCIA J STONE
Localion
ROSENEATH AVE / WELLINGTON AVE
ICity
INEWPORT
State
RI
ZIP
02840
Operator
lasl Name First Middle Suffix
I0 Injured
0
BARBER JASON 1 0 Falality
p
Number Street Sulfix Api

Stale ZIP
E
35 BREWER ST A NEWPORT RI 02840
R
A
DOB
IHome Phone /Work Phone I Slate/Number
T
08/19/1986 860-966-9016 CT 207878322
0
R
Insurance Company Policy Number
.
. Last Name First Middle Surtix
I Phone /WOrk Phone
0
BARBER STEPHEN 860-613-2195
W Number Street Suffix Api
r
lY Slate ZIP
N 490 MAIN ST CROMWELL CT 06416-2040
E
R Insurance Company Policy Number
PROGRESSIVE 50171927-4
Year

I
VIN
I
V 2001 DODGE STRATUS 1B3EJ46X11N579052
E
Registration Siale/Number
ITowed By fTowed To
H
CT 300XUL
Last Name First Middle Suffix
Iveh/unit I 0 Injured
0
o Fatality
p
Number Street Suffix Api
ICilY
Slate ZIP
E
R
A DOB ) Home Phone Jwork Phone JUcense Slate/Number
T
0
R
lasl Name First Middle Suffix
[HOme Phone lwork Phone
0
W Number Sireet Suffix Api
ICily
State ZIP
N
E
R
Year
IMake IModel
I
VIN
I
V
E
Regislration Stale/Number
ITowed By ITowed To
H
Newport Police Department
NARRATIVE FOR RECORDS CLERK MARCIA J STONE
Ref: 11-15375-AC
Page: 1
Entered: 07/18/2011 @ 1309
Modified: 07/18/2011 @ 1314
07118/2011 1309 M Stone
Entry ID: 864
Modified ID: 864
Jason Barber reports that when he was driving north on Wellington Ave" his car hit a raised manhole cover that
was protruding from the roadway. The accident happened at 0030 hOlll'S this morning. The manhole cover was
not 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 AVE
NEWPORT RI 02840
401 846-3358
Thank you for your business!
7/18/20111 :36 PM page 1
Created : 7/18/20111:29:56 PM
Repair Order #28337
Vehicle
VIN
BARBER, JASON
490 MAIN ST
35 BREWER ST #A
CROMWELL CT 06416
: 2001 Dodge Stratus 2.4 L 2429 CC L4 DOHC
: 183EJ46X11N579052
Day Phone : 8 6 0 - 9 6 6 ~ 9 0 1 6
Tag/State : 300XUL 1CT
Color : Gray
Last Mileage : 0
Odometer In : 0
Odometer Out: 0
Labor/Notes
Oty 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 Price Condition
Tax@$565.66*7.0000%
Repair Total
Labor
Parts
Sublet/Misc.
Shop Supplies
Charges
Sales Tax
Reference Description
31597 EXHAUST GASKET
54506 Catalytic Converter Direct Fit $549.48
Note: M~ Labor Database, Copyright, Mitchell International, All Rights Reserved
Parts
Qly CodefTech*
1 EXH
1 EXH
I hereby attest that I am the owner or agent authorized by the owner of the above described vehicle to
act on his/her behalf. I agree to pay in full for the charges set forth herein, and all charges have been
explained fully to me. I understand that after paying the charges for this vehicle it must be removed
from the premises at once, unless other arrangemenls have been made in advance.
Customer Signalure _
STATE OF RHODE ISLAND UNIFORM CRASH REPORT
Agency Name _, __ _'.
IlyorTOwnName !Slreel or Highway --- 10."..R'. --1# of l.anes [posl.ed Speed_.".'mil. .. .-
NEWPORT 7 ROSENEATH AVE I Off __ 2 ',_ 25 II N/A I I Unk
Nearesllnlersecllon 8\(ee-'- IOlrectlon From Nearest 10 Crash Slle F'rom Nearest Inler-:-ILalitude - - ILongiii.lde-
115 WELLINGTON Aw' i r 1At Inler (Xl Nor1h U Soulh L IEast[ IWest 25 MFeel r JMiles I I
Ofiver 8. Owne, are S"m" Owner's Last Name First Name MJ 'iver & Owner "rc Sam" Owner's Last Name First Name MJ
u
f"'ddress
BARBER STEPHEN
__ - _ ___ __
S.lale IZ ...iP.. IH".",.ePhone [Cell.Phone.. tw".,". Ph.""'
T 860-613-2195 _ _
Insu(a'I-1Ce Company Name _ -linsuranc;'
_I No Ins. 150171927-4
ICilY
Slale ,Zip IHome Phone _ ICClI'PI\C;ne tork-Phone -
Insurance Company Name '1lnsllrance PoliCy Number
[] No Ins. [
ASON BARBER
MMalo
F Femalo
lJUnk
1 Unill
2Unil2
3 (elc,)
Of NIA
Hit And Run Hit And Run
C.l Yes, MN & Driver left Scene [J Yes, Driver left Scene (><j No [] Unk r- Yes, MN & Driver left Scene I J Yes, Driver left Scene 1.J No C-l Unk
RegislraiioJl # N t Istate ]YrR69l'!iN--- ---.-- - Registration # IYr Reg.]ViN
3.00
XUL
. _ .n __ I] R<9 .L
Type eh Yr .... IMOdel- . -'-lcolor --rate Ty-pe---
IVE'h TravelDireclion !:Xl Northbound- CJ - eh Travel Direction [f Northbound -I 1Soulhbound --
[..J Eastbound [1 Weslbound t INol on Roadway [--J Unk L Eastbound IWeslbound t INot on Roadway LJ Unk
Company'Name No rOWing Company Nam-e
Parson Typa
1 Driver 4 Bicyclist 7 Olher Ped. (Wheelchair, Person in Building, Skaler, Ped. 9 Occupant of a Non-Molor Veh Transportalion Device
2 Passenger 5 Other Cyclist conveyance, etc.) 10 Unknown Type of Non-Motorist
_EJ.Qf.C_lIp.l'lnt of Motor Veh. Np..!in TrarysPoTI 11 . .
Unit lD Sex Seat Poslllon Other Local1on 1 Air 8ag Ej6cted Protection System . I injury
/\ 13 OIlier now(Bu.) 17 NIA ,Deployed I No Used - 1 Compla'ns olPa n
M' _.. _ "-J 14 Unk Row 16 Sleep'" 11 NIA 50lller 2 Partially 3 Shoulde, & lap 9 BooSler Seal J2 Non IncapaC4lal,ng
- 1501Ile,seal. ,,,.,,,orEnciosed .. N.ea, 2.NO 6 Comb 3 TO.lally 4 Shoolde, Only 10CI"ld 31ncapacolallng
-"7' 8 _.6 - 16 Un. Seat zo Olhe, I)nen<losed A,ea 13 Front 7 Un. 4 NIA 5lep Only 11 Holmel U.ed 4 Fa!al
it Unit 4 Sjde 5 Unk 6 Type Unk
Name:Occupanls Person- unifli5l Sex DoB"-- Seal MBilg Ejected Prol Injury I Trans by
Type_I' pos:. Deployed System Rescue
11M 108/19/19861 2 1 S r Iv rxlN
..... I' .... +
I.IY liN
I]Y []N
Non-Vehicle Property Damage
- -- - -------
Owner
Home
[-I Slale Property L".1 ..n Properly
_:-_ -._- .. _- -rAddress
'Iwork Phone jDamage DescrlpllOn
Reporting Officer Name
CLERK MARCIA J STONE
IReporting Officer Badge Number
1
864
IReport Date IProhibil Public Release
17/18/2011 INO
Page 1

Incident Report
Incident #: 11-14275-0F
Call #: 11-14275
Date/Time Reported: 07/07/2011 1414
Report Date/Time: 07/07/2011 1421
Occurred Between: 07/07/2011 1400-07/07/2011 1405
Status: No Crime Involved
Reporting Officer: SENIOR CLERK GWENDOLYN GEORGE
Signature:
# EVENTS (S)

07/07/2011
LOCATION TYPE: Highway/Road/Alley!Street
BROADWAY / CALEB EARL ST
BROADWAY
NEWPORT RI 02840
1 I?UBLIC ACCIDENT - INJURY
Zone: BEAT 2/128
# VICTIM(S) SEX RACE AGE SSN PHONE
1 CASWELL, FREDERICK A
40 ELLERY AVE
MIDDLETOWN RI 02842
DOB: OS/29/1927
ETHNICITY: Not of Hispanic Origin
RESIDENT STATUS: Non Resident
VICTIM CONNECTED TO OFFENSE NUMBER(S}: 1
CONTACT INFORMATION:
Home Phone (Primary) 401-849-4408
M w 84 NOT AVAIL 401-849-4408

NARRATIVE FOR SENIOR CLERK GWENDOLYN P GEORGE
Ref: 11-14275-0F
Entered: 07/07/2011 @ 1423 Entry ID: 816
Modified: 07/07/2011 @ 1427 Modified ID: 816
page: J.
Frederick Caswell reports that while walking north on the sidewalk (east side of Broadway) towards PDQ
printing and just opposite Ben's Chili Dog he tripped over a substantially raised comer of a cement sidewalk
section 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 ofthe report sent to finance at City Hall.
\ 48 Ellery Road
Newport, RI. 02840
14 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 of Castle Hill in order to viewthe start ofthe Trans-Atlantic
Race. I was gone from my car for less than an hour, and when I returned, my vehicle was in the
process ofbeing attached to a tow truck. I had received a parking ticket for parking in a "Tow
Zone"..
The attached package consists ofmy appeal to the Newport Parking Violations Division
supporting my position that said ticket was unjustified. In addition to the ticket, I was also
charged $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 presented
valid reasoning in my request that the ticket be dismissed. He also advised me to forward a letter
to the City requesting reimbursement for the tow inasmuch as I had not parked in an area marked
as a "TowZone".
In view ofthe justification presented in the attached appeal, I hereby request that the City Council
approve 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 at
846-8040 or aroco@verizon.net.
Sincerely,
~ . d . f 2 ~ P
Andrew ARadel
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 to
watch the start of the Race. The route we took was past Fort
Adams, past the Coast Guard Station via Ridge Road, to Castle Hill Road
where we parked just west of a telephone pole approximately 75 feet from
the juncture of Castle Hill Ave, Ella Terrace and Ocean Ave. Nowhere
along this route of travel were there any signs stating any parking
restrictions.
We parked at 1350, walked up to the Inn at Castle Hill, saw the start ofthe
race, and walked back to our car. From the time we parked until we returned
was less that an hour. Upon our arrival at the cal', it was in the process of
being hooked up to a tow truck owned by Moriarty's Towing. The driver
said they were summoned by the police because I was in a tow Zone. He
advised that because they had "Hooked up" I had to pay an $83.50 fee but
could retrieve the cal' without a tow. The drivel' said that he could take cash
only, and that if! didn't have cash he would have to tow the car, and I would
incur additional expenses in order to retrieve my vehicle. I was able to
borrow enough cash to pay, and he unhooked me. I also received a Parking
Ticket which indicated that I had parked in a "Tow Zone". After leaving I
realized that I had not gotten a receipt for the money. I returned to the
scene, 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 out
my route, and the existing parking signs with restrictions, I believe the
ticket was given in error because: 1) the route I took had no indications of
restricted parking. The pole where I parked was a perfect place tor a "No
Parking" sign, but none was present. 2) The nearest ''No Parking" sign
was apx 100 teet away, at the end of Ocean Ave. The nearest "Tow Zone"
sign was another 100 feet further away on Ocean Ave. Clearly, the area
where I was parked did not indicate any restrictions. I believe it would be
logical 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" zone
started where the first ''Tow Zone" sign appeared, which was another 100
feet away.
In accordance with the above, I believe that I should not have been issued a
parking ticket, and certainly should not have been cited for parking in a
"Tow Zone" which resulted in an additional unjustified expense. I have
included a sketch ofthe area, and a number of photographs taken on June
30
th
20II as further evidence to support my claim.
/) . /J I

. Andrew A Radel
48 Ellery Road
Newport RI, 02840
Tel:846-8040
e-mail: aroco@verizon.net
lil<;r,J WAS
\0' CoL AI?-AtJe.
page I ot 4
ANDREW RADEL
"Jill Radel" <yotbooks@gmail.com>
<aroco@verizon.net>
Wednesday, 06,2011 9:09 AM
Parkin /Tow
100J128.JPG
C. ASlGf /-IILL AVE Lao 1<./ tJG E,6- ST. WE.
0,.) N'f.I\R,. SlOe:. of POLe CoL-CSt:. \"6 NO
,
r-)c, 51(",10 0"; f'Ol.-.. "NO
\DO' AvJl\Y ON Er.JV OJ:.' oc.",..> Av E. w ......s
M W \-\ I Tf, Lilli e.. -rt> t{ e: e: .
7/6/2011
-r/-\IS WAS CLi>SLST "Nt:> PAf?t:-}1JG" SlbIJ/ AT j"fJi} of oc..'G.l\,J Page2of4
Av<i., 100' f'Rol-'\ f'Olf: WHRE. w p"e KEIl.
100J130.JPG
" /00' StJu71.J
THI$ "tDW s.G,..; wM op OCA.JJ AvE I
OF ABovE $/61,J, AP'b 15 LOC-A,TD ';"j.JST 7/6/2011
BtF01<.'C- CIVTe.,R.A,.;>CE 70 l,v;)@ CASTJ..- Hlld- ft
-n.\,5 sl-\l>wJ c.". WA$ '- SoST of Pa..
W\'(t\ fJb ArJj) A'?X {"b fict f/<oM w-r to f.W,A
Tf..\4 <,-",c.,Ei. (Lc:Jo KI IV 0
Page 3 of4
Page 4 04
!..oj)I<I/J6 5t>ifT).1 I "'IX oF" (.iL./..'" -ct (!.P-A(.(ii:, C-Il,s'fl-(.
J-\ ILL AU E AtJ II OC-lZArJ AVf,. 1J1i rUt. POL.E; S KoW's "pD,P\(G',. (I'",Zi2-
117'i.- ,. S\6tJ-. I,) '(J10'''pX4. (106/) ,05 Po>! oJJ A.,v
w(i\-\ ""low 'Copt 5\6;,) TD Tj.(-
I pJ i) AI C-A.>1" l-t HI L1....
7/6/2011
1"

paid. Umlor PHwlrolons 01 Hhodo 1!s1fmd Goneral !.iW,H ra-rol:lI61ra!ioll of
your vehielll delljed f(lr lallllW to plly parking llnos
For arldlUom.11 inf<>I11M!ion:
y .!;llLl\!L
(J I plaad (lUn:fV 10 chama: Plllel) paymen\ltl lIi;kolnllvulopo and rnlurn Vill
mfll\ oT dnllvcr 10 Cily Hall Colloctions Oi\lI<:;lol1.
[1 I J'!o."'td NOT GUIl.lV III lllHUfjO and wlah ttl hnvtl tl Municipal Coml
h.1minn: Im-lflfl <lI'Jlo(;(} of pl.lpor In IInket mWt-llOII<l wl\lainlnu Iha [ollowing:
your nOl'l18, oddrQ$s, opom!t1r's 11l:(lll$tllltJmlmr, statll, (1altl of hirth, lllld phonu
llurnhor. fJlllllly IlIJllcifv 1111:1 rm-ltl(ln you oro plfJl-IlIll1U lIul glllliy, Ru[Urt1 10
days, A IImely (fJ(jU(lfll for fl Melling prt,wfllllt> tho lino from doubling,
rJ I leal Ihis tir.ltut WiI$ IN ERROR, You may roqum,l an injllal mvlaw of
Ihlli will"dn '10 dnys fmllllln,> dmG 01 IRlllltlriC(f. Pl'Ovlda your mason(f
for 01 Ihl" ticket fUl(1 Illcludo yUI.H nama, ll(hlres:>, dllylimo phOlle
nlllllll!ilr unri a I;Opy of !lllr. [jt;.kQI. Only s.eml r,opil.'f, of your dQCUmQlllntloll
llt:l..<lllt'e \'I'm nuillo rBtummj to vO\!. You will he noUlie(l hy moil
01\11(1 Olilcoll'\O of Ill<! rovi(,w. Do u(li rmll pilymoni Of lha I'Jrlu1n!:ll Uckal at thIs
tilllo Mall Lo: P<tfkitlg Violalivn ROVIllW, 17.0 OrQiHhv<ly,
$ 25
$ 25
$ 2$
$ ?!i
$ 2'
: 25
$ 25
$ 25
$ :!5
$100
$ 2.f>
$ 2'
$ 25
$ [J 15 WRONG WAY l1N
ONI:E WAY SlHEEl
$ :m [J '16 BOAT TH'\U.ER
S 20 [.1 H S'nCI<EH PAHlONG
$ 2-5 [118 SNOW HEMOVAl.
l.Jm CROSSWALK
$ 1.5 [J 2.0 OBSTRl.iGTING TRAFfIC
$ 20 LJ 21 StOCKING IWDRANT
$ :w [} 22 FIR-I: lANE
$ 25 [J 2:{ OWCKING INn:nStC'fION
$: [] 24 HANDICAP PAHI{ING
$ 25 C12.8 __
$ 2/)
$ 25 [j w
$ 21i 0 27 OVr:rmMI::. 3 HOURf>
$ 26
.... ..". 'UA"6oiT'N'O--"'"
.. .. __L.
CHECI( ONE VIOlA.TION ONI.Y;
(J 01 OVERTiME
15mln 30mln 1hr 2hr
002 OVEHTIME -14 HOURS
[J 03 POSl'rD - NO PAN!{ING
[J(pi AHEA
VEI.LOW CUFU31NG
f.J 05 DOUOW PARKING
006 LOADING ZONE
{J 07 HLOCKING mWEWAY
[]?-a, TOO ClOS.E TO COr<NI:R
1109 TOWlONf;
[] '10 U:FT WHEELS TO GURB
[J 11 BUS. STOP
[] 12 lAX! STI\ND
o '13 ON SIDEWALl<
[] '14 STHEET

).
1
\
J
A.M. REQUESTED B
A
) ) JJ
MORIARTY'STOWING, LLC
24 Hour Emergency Road Service
-.::=c:c!b
R.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
FEE
DRIVER:
,__ ...-.
0 CHECK 0
CC-,t.,:')
FUEL SURCliARGE
I '\0
ij., .j ",;)t) /
SIGN,tiDJR - r:" j ,
"/
3.
0;
('" TOTAL
o SLINGI 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 EQUIPMENT
o SINGLE LINE WINCHING
o DUAL LINE WINCHING
o SNATCH BLOCKS
o SCOTCH BLOCKS
o DOLLY
0 ..__. .__..__
I
i
I
1
I
1
I
j
I
I
./
i
I
I
1
:1
OFFICE OF THE CITY SOLICITOR
MEMORANDUM
Joseph J. Nicholson, . 6iicitor
;.-:; ........
18 July 2011 ,o-,,/,/
Consent Order Ire: Etlyfronment Rhode Island, et al v. City of Newport
and Earth Tech, Inc.,/ - United States District Court for the District of
Rhode 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 Order
negotiated between EPA, DEM, the Department of Justice and the so-called
Citizen/Plaintiffs. The entire Order is, for the most part, dictated by EPA and the
Department of Justice. This product has been in the works since the litigation
commenced. The initial official claim to the City which was the necessary statutory
predicate 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 plaintiffs
included Environment Rhode Island, Burton Hoffman, Henry Rosemont, Jr., David
Wixted, 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/inter-
venors in the litigation. As a result, EPA and the Department of Justice became the
primary plaintiffs moving the litigation along and are the primary architects of the
consent decree before you. The City has been represented by this office and Julia
Forgue along with our consultants CH2M Hill, Inc. The negotiations have been very
detailed and technical oriented.
The intent of this consent decree is to end the litigation and to r;rovide a game plan
going forward for the City to address its wastewater issues. Also, as a by-product of
the litigation, there is an agreement within the consent agreement itself, addressing
the storm water beach issues which the City now seems to have well in hand. Much if
not all of the work the City has done over the last couple of years as well as any
capital project proposal that comes before you in the immediate future is addressed in
this consent decree.
As to the specifics of this agreement, I would suggest that you may wish to peruse
quickly 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 to
pay a penalty to the federal government and the State of Rhode Island in the amount
of $170,000. The penalty is a formula based calculation with some elasticity. The
City has been whittling away at this penalty amount for some time and it is the rock
bottom 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 due
to the numbering of paragraphs in the final order.
Memo To Mayor & Council Members
Re: Consent Agreement with EPA
18 July 2011 - Page 2
Paragraphs 11 through 68 are the substance of the agreement describing the
remedial measures the City is compelled to pursue. Some of this work has already
been completed, some of it is ongoing and some of it is prospective. The idea with
these 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 CSO
dilemma. These paragraphs reference engineering analysis and construction, all
designed to address the issues of extraneous flow. I will not describe for you a CSO
event. You should all be well-versed in its mechanics.
These efforts of removal, which are efforts to tighten up the City's system of
wastewater 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 close
attention to paragraphs 63 through 68. I am of the opinion that those paragraphs
will give all of you a real feel for the direction this is going from a sound engineering
basis. Look at the first sentence of paragraph 65. It is the most important sentence
in this document. Paragraph 65 took weeks to negotiate. We are satisfied with its
outcome, particularly with its deference to EPA's guidance document which is
referenced paragraph 65. The idea ultimately is to remove overflows from the Newport
system within the context of EPA's overall CSO policy which doesn't call for complete
elimination but substantial efforts to accomplish that task.
Paragraph 69 requires the City to purchase a minimum of 500 rain barrels, the cost
of which has offset the civil penalty otherwise assessed, lowering it on almost a dollar
for dollar basis to $170,000. Newport will soon be part of EPA's new mandatory green
injunction program. In my opinion, this adds utility to Newport's civil penalty
expenditure where there was none before.
Paragraphs 70 through 77 address the moat point discharge issue. This is not an
EPA issue but a Citizen/Plaintiff issue. The City has an obligation to monitor the
moat discharges that pass through the UV system. The monitoring is reflective of the
guarantees Newport has received from the manufacturer of the system. If successful,
the monitoring program ends.
Paragraphs 78 through 79 are certain mandated reporting requirements regarding
the remedial tasks. It is EPA's way of monitoring the progress the City has made
without 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 City
submission as well as the process to address any deficient submission.
Paragraphs 86 through 91 address non-compliance with the consent decree by
Newport. The failure to strictly adhere to the requirements of this consent decree
comes with a monetary penalty assessment. It is EPA's enforcement methodology and
dictated sanction in the event the City fails to abide by the terms of this agreement.
Memo To Mayor & Council Members
Re: Consent Agreement with EPA
18 July 2011 - Page 3
The penalties have been reduced through the negotiation process but are common
place in every EPA consent agreement of this type. There is a grievance process in
place in the event the City disagrees with the assessment. Effectively, the City is able
to dispute any assessment up through the trial court which is the U.S. District Court
for the District of Rhode Island.
Paragraphs 92 through 98 are the Force Majeure sections. Force majeure conditions
are events beyond our control that upsets a given task, a hurricane for example.
Those paragraphs detail a process of notice and discussion between the parties
regarding the upsetting event.
Paragraphs 99 through 104 provide the parties with an agreed-to process to resolve
disputes under this consent agreement with the final arbiter of the dispute being the
United States District Court for the District of Rhode Island.
Paragraphs 105 through 108 are document and information retention requirements
and facility access rights. There are really no issues related to these paragraphs and
they 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 the
Citizen/Plaintiffs, as well as any other group or individual, are now foreclosed from
litigating the outstanding Clean Water Act issues in any forum.
Paragraph 118 is the claim for attorney's fees by the Citizen/Plaintiffs. In these types
of actions Plaintiffs, by law, are entitled to attorney's fees even if they show a
modicum of success. The overall fee obligation, since the inception of this case, is
well over $300,000.00. The City's obligation is $70,000.
Paragraph 119 is again nominal but, from a policy standpoint, please read paragraph
119 paying close attention to the phrase "bound to perform duties".
Paragraphs 120 through 123 are nominal, but look at paragraph 122 please
regarding funding or the lack thereof.
Paragraphs 124 and 125 have been a source of debate among the parties. This
consent agreement is designed to be finite. It needs to end. Newport needs a divorce
among the parties and this section accomplishes that divorce. After all the work is
done 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 before
the court signs off. That period of time is 30 days. Take note of paragraph 128 as
well. The stakeholders' group is an important process in developing the System
Master Plan. They are well into the details of the system and I am sure you will have
quite a bit of interaction with this group going forward.
ENCLOSURE
RESOLUTION
OF THE
COUNCIL
No. _
RESOLVED: That the attached Consent Agreement between the City of Newport
and the Environmental Protection Agency (EPA), the RI Department
of Environmental Management (RIDEM) and the Department of
Justice (DOJ) is hereby approved and the Mayor is authorized to
sign said Agreement on behalf of the City of Newport subject to
favorable review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silva
City Clerk
UNITED STATES DISTRICT COURT
DISTRICT 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 ACTIONNO. 08-265S
I
I
I
I
,.
CONSENT DECREE
City ofNewport Consent Decree
TABLE OF CONTENTS
1. STATEMENT OF CLAIM 3
II. JURISDICTION AND VENUE 3
. III. APPLICABILITy 4
IV. DEFINITIONS 5
V. OBJECTIVES ; 10
VI. CIVIL PENALTy 11
VII. REMEDIAL MEASURES 13
VIII. STORMWATERFROM EASTON'S POND MOAT 42
IX. REPORTS ON COMPLIANCE 46
. X. APPROVAL OF SUBMISSIONS 49
XI. STIPULATED PENALTIES : 51
XII. FORCE MAJEURE 55
XIII. DISPUTE RESOLUTION; 59
XIV. RIGHTOF ENTRYIINFORMATION COLLECTIONAND RETENTION 62
XV. FORM OF NOTICE 64
XVI. EFFECT OF SETTLEMENTIRESERVATION OF RIGHTS 67
XVII. COSTS : 70
XVIII. EFFECTIVE DATE , 70
XIX. RETENTION OF JURISDICTION 71
XX. MODIFICATION ~ ; 71
XXI. FUNDING ; : 71
XXII. SEVERABILITy 72
XXIII. TERMINATION 72
XXIV. FINAL JUDGMENT 73
XXV. WAIVER OF SERVICE 73
XXVI. PUBLIC COMMENT : 73
XXVII. SIGNATORIES 74
XXVIII. INTEGRATION 74
ATTACHMENTNO, 1
ATTACHMENT NO. 2
ATTACHMENT NO. 3
ATTACHMENTNO. 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 of RIPDES 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, 1994andCWA;
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 relief can 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 I 9(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) ofthe 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 of Notice).
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 performingwork 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.
I V ~ 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 beloware 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 of Submissions).
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 of water 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 of Newport.
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 of America.
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," EPN625/6-9I -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 SystemEvaluation 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 of payment, 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 acctsreceivable.CINWD@epa.gov, and by mail to:
EPA Cincinnati Finance Office
26 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 ofthis 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 ofthe checklist that accompanies the guidance in Attachment No.1; and
d. a determination of whether improvements to the City's preventive.
maintenance practices are necessary in order to preserve the infrastructure ofthe 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 EPAfor 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 31sl 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 subsurface
disposal systems;
.. Common/twin-invert manholes or structures (i.e., structures serving or
housing both separate storm and sanitary sewers);
.. Sanitary and storm sewer alignments served by known or suspected under
drain systems; .
.. Sewer alignments with common trench construction and major crossings
representing high potential for communication during high groundwater
conditions;
.. 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 of
cause(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) of past extraneous flow investigations (e.g., flow isolation, dye
testing, CCTV, etc.);
A list of locations of suspected, confirmed, and corrected illicit discharges to
the Separate Portion of the Collection System;
Recent and plarmed sewer infrastructure cleaning and repair projects;
., Alignments and dates of past 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 ofthe 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, 20I 0, 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 20I0 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.
I
I
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.
21
I
I
1
j
I
I
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
ofthe WPCP, Wellington Avenue pump station, the Narragansett Avenue Storage Conduit, and
the Washington Street pump station to maximize the level oftreatment of wetweather 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 of reducing 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 WellingtonAvenue 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 of peripheral 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.
23
'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.
24
I
I
41. By June 30, 20I0, 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
I
\
I
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.alisting 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 of private 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, 20II, 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
I
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 reviewof 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
28
I
I
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 of whether 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 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;
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 of private 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
31
i
I
,.
i
I
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 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 Washington Street Outfall
32
,
i'
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 ofthe 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 SOWand 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 their elimination. The report will
33
I
I
!
I
i
!
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 ofthe 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 of whether 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.
35
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 ofthe 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.
36
I
I
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 ofthe 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 part ofthe 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
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 of rainfall 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
I
I
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 of Newport.
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
,
I
.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 20II, 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 20II 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
I
I
!
I
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 of Enterococcus 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 of the 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 of Enterococcus 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 of Notice) ofthis Consent Decree, regarding the status of its
compliance with Section VII (Remedial Measures) ofthis Decree. After the four-year period,
written reports shall be required semi-annually, within 30 days of June 30
th
and December 31st,
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 ofthe cause of the
violation:
b. Beginning January 31, 2012, and annually thereafter, the City shall
submit, in accordance with Section XV (Form of Notice) 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
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
ofthe 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 of whether 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 of wastewater 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 ofthe 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 of Approval, 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
i
I-
I
I
I
resubmit a plan, schedule, report, or other item, or portion thereof after 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 ofthe 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
ofthis 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 of Noncompliance
I st through 10th Day
II th through 20th Day
21st 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 of Noncompliance
$ 750
$ 1,500
$ 2,500
I st through 10th Day
II th through 20th Day
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 of Noncompliance
1st through 10th Day
11th through 20th Day
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 ofthe
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 ofthe 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 ofthe 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 of requests 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
I
I
i
I'
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 knowof 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 of Notice). 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 of noncompliance 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 of Notice),
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
of work 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.
61
I
I
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 of privilege.
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 Section
Environment & Natural Resources Division
United States Department of Justice
P.O. Box 7611 - Ben Franklin Station
Washington, DC 20044
DJ # 90-5-1-1-09855
As to the EPA
David Turin
Enforcement Scientist
Water Technical Unit
64
U.S. Environmental Protection Agency, Region 1
5 Post Office Square - Suite 100
Mail Code OES04-4
Boston, MA 02109-3912
turin.david@epa.gov
Tonia Bandrowicz
Senior Enforcement Counsel
Office of Environmental Stewardship
Mail Code OES04-1
Boston, MA 02109-3912
bandrowicz.toni@epa.gov
As to the RIDEM
Angelo S. LibeI:ti, PE
Chief of Surface Water Protection
R.I. Department of Environmental Management
Office of Water Resources
235 Promenade Street
Providence, Rhode Island 02908
angelo.liberti@dem.ii.gov
Marisa Desautel
Senior Legal Counsel
Office of Legal Services
R.I. Department ofEnvironmental Management
235 Promenade St.
Providence, RI 02908
marisa.desautel@dem.ri.gov
As to the Citizen Plaintiffs
Ted Wrobel
45 William Street
Newport, RI 02840-3306
. twrobel@tacticaltech.com
65
Charles C. Caldart
National Environmental Law Center
1402 Third Avenue
Suite 715
Seattle, WA 98101
cccnelc@aol.com
David A. Nicholas
20 Whitney Road
Newton, MA 02460
dnicholas@verizon.net
As to City of Newport
Julia A. Forgue, PE
70 HalseyStreet
Newport, RI 02840
jforgue@cityofuewport.com
Joseph J. Nicholson, Jr.
43 Broadway
Newport, RI 02840
jnicholson@cityofuewport.com
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 CDROM 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
ofthe Defendant:
"I certify under penalty oflaw that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of myknowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisomnent for knowing
violations."
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 of proof 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 ofthe 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 ofthis 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 accept service 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 ofthis 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 ofthis Decree.
73
I
, i
129. The City has established a CSO Program Stakeholder Workgroup composed of a
broad cross section of representatives 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
ofthe 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. Smith
UNITED STATES DISTRICT JUDGE
District of Rhode Island
75
For Plaintiffs ENVIRONMENT RHODE ISLAND, BURTON HOFFMAN, HENRY
ROSEONT, JR., DAVID WIXTED, AND HENRY T. WROBEL
Karen Pelczarski (RI Bar No. 3357)
. Blish & Cavanagh LLP
30 Exchange Terrace
(40I) 831-8900 (phone)
(401) 751-7542 (fax)
Charles C. Caldart (Admitted Pro Hac Vice)
National Environmental Law Center
1402 Third Avenue
Suite 715
Seattle, WA 98101
(206) 568-2853 (phone)
(206) 568-2858 (fax)
David A. Nicholas (Admitted Pro Hac Vice)
.20 Whitney Road
Newton, MA 02460
(617) 964-1548 (phone)
(617) 663-6233 (fax)
Date
THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of Environment
Rhode Island, et al. United States ofAmerica, andState ofRhode Island v. City ofNewport.
For Plaintiff ENVIRONMENT RHODE ISLAND
John Rumpler
Senior Attorney
i
I.
THE UNDERSIGNED PARTIES enter into this Consent DeCree in the matter of Environment
Rhode 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
For Plaintiff UNITED STATES OF AMERICA
Environment and Natural Resources Division
United States Department ofJustice
IGNACIA S. MORENO
. Assistant Attorney General
U.S. Department of Justice
DATE: __
JEROME W.MACLAUGHLIN
Trial Attorney
Environmental Enforcement Section
U.S. Department of Justice
P.O. Box 7611
Ben Franklin Station
Washington, D.C. 20044
(202) 616-7162 .
ierrvmaclaughlin@usdoj.gov
I
I
I
. THE UNDERSIGNED PARTY enters into this Consent Decree in the matter of Environment
Rhode Island, et at. United States ofAmerica, andState ofRhode Island v. City ofNewport.
For Plaintiff UNITED STATES OF AMERICA
. PETER F. NERONHA
United States Attorney
LYT.CHIN
Assistant United States Attorney
Fleet Center, 50 Kennedy Plaza, 8th Floor,
Providence, Rhode Island 02903
For the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Adam Kushner Date
Director, Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
For the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
SUSAN STUDLIEN Date
Director, Office of Environmental Stewardship
United States Environmental Protection Agency,
Region 1
Boston, Massachusetts 02109-3912
TONIA BANDROWICZ Date
Senior Enforcement Counsel
Office of Environmental Stewardship
Boston, Massachusetts 02109-3912
For Plaintiff-Intervenor STATE OF RHODE ISLAND, by W. Michael Sullivan as Director of
the Rhode Island Department of Environmental Management
By its attorney,
Marisa Desautel
Senior Legal Counsel
Office of Legal Services
R.I. Department of Environmental Management
235 Promenade St. .
Date
For Defendant CITY OF NEWPORT
Date
i
I
i
I
Fe rM (' c-s ;2J Y\ -fa Q" Jetres:s

Cl S cucJ" (' I j reSC7Vdi'r
It gJ ,'l'L 0 F f'
0
w'2r<. IJU!J
Ir)- f fVI
Ci\! r' .. ----

THE CITY OF NEWPORT
)
RESOLUTION
OF THE
"." .,.
COUNCIL
No .
WHEREAS, at the intersection of Ocean Avenue 'and the
southern terminus of Hazard Road, there exists a
roadway intersection, occurring at a location where
Ocean Avenue is curve-linear approximating 90
degrees; and
a property owner, whose property extends to the
curved portion of the roadway, has made
improvements to his/her property; and
said property owner is proposing the removal of a
utility pole and light that is situated in the
public right-of-way and proximate to the private
property driveway; and
the property owner has recommended t ~ e installation
of a series of road signs as notice to the
operators of motor vehicles as a warning to the,
impending curve, in place of the existing street
light; and
WHEREAS, the request has been referred to and reviewed by
the City'S Interdepartmental Traffic committee, and
by City staff members. NOW THEREFORE BE IT
WHEREAS,
WHEREAS,
WHEREAS,
)
RESOLVED: that the City Administration is directed to provide
the City Council with a report detailing the review
and analysis of the proposal to remove the utility
pole and street light, and include in the report
the recommendations of the ITC and City staff with
regard to the above stated request; and said report
to be provided to the Council no later than August
10, 2011.
CITY COUNCIL
IN COUNCIL
READ AND PASSED
)
Kathleen M. Silvia
City Clerk
TO:
FROM:
SUBJECT:
DATE:
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
The Hon. Mayor and Members of the Council
Edward F. Lavallee, City M a n a g e ~
Letter to New Businesses
July 19, 2011
The attached letter is recommended for adoption as a policy for
new businesses. The letter would be sent to each new business
opening in the City. The reference list would come from the
business registration/license applicants received by the City
Clerk. With your approval the practice will be initiated.
EFL/paf
Attachment
City Hall, 43 Broadway Newport, Rhode Island 02840
Tel: (401) 845-5430 Fax: (401) 845-2510 E-mail: elavallee@cityofnewport.com
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 business
in 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 permanent
population of 26,000, each year we welcome three to four million visitors. Your business
may 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 is
engaged in a number of revitalization initiatives, from upgrading public utilities to
improving roadway streetscapes, parking and transportation systems. These
improvements will benefit our local businesses, neighborhoods, and visitors.
The formation of public - private partnerships are essential to government and business
success. The City encourages your engagement in civic affairs and welcomes your
participation in the numerous pUblic events that enhance our cultural identity and are
reflective of our unique and fabled heritage. The City Council and appointed staff are
committed to working with business owners to ensure their sustainability. Please feel
free 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 02840-2798
Telephone 401-846-9600 --- Fax 401-848-5750
Communication # 4874/11
Docket Date: July 27,2011
City of Newport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Mayor Stephen Walnk & Council
Edward F. Lavallee, City Managef.j/
July 8, 2011
Newport Police Department 2011 Byrne Grant
Interim Police Chief Gary T. Silva
The Police Department recommends that the City of Newport approve an application to the U.S. Department of Justice
for the 2011 Edward Byrne Memorial Justice Assistant Grant (JAG) Formula Program: Local Solicitation, in the amount
of$ 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 their
efforts to prevent or reduce crime and violence. These funds are made available to local law enforcement agencies
through the 2011 Edward Byrne Memorial Justice Grant (JAG) Formula Program: Local Solicitation. The Newport
Police Department has participated in the Direct JAG Program in the past, and has been allocated $ 33,094 in the 2011
solicitation.
The Newport Police Department plans to institute the City-Wide Directed Enforcement Program. The funds for this
project will support the supplemental overtime details for police officers participating in the program. This will allow for
the targeted enforcement of city-wide violence and quality of life concerns. Through the directed enforcement of city-
wide violence and quality of life issues, the Newport Police Department will be aiding in the creation of a safe, peaceful
and tourist-conducive enviromnent.
This program will be funded through the grant. There is no match requirement, and the department will not use any City
budgeted funds.
PREVIOUS LEGISLATIVE ACTION
FISCAL IMPACT
_ Currently Budgeted ) _ Requires additional appropriation No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Finance Dept Review: Date By: 1..5 (if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
EREAS, the U. S. Department of Justice provides funding
for grants to assist state and local law
enforcement agencies in their 'efforts to prevent
or reduce crime and violence; and
EREAS, the U. S. Department of Justice made these funds
available to local law enforcement agencies
through the 2011 Edward Byrne Memorial Justice
Assistant Grant (JAG) Formula Program: Local
Solicitation; and
EREAS, under the provisions of the grant program, a
public notification must be done prior to
formally applying to the U.S. Department of
Justice for grant funds; NOW, THEREFORE, BE IT
EREAS, as part of the JAG Direct
Solicitation the Newport Police
been allocated $33,094; and
Formula Local
Department has
SOLVED: that the Council of the City of Newport approve
the application for funds to the U.S. Department
of Justice for $33,094 for use in the police
department's 2011 City-Wide Directed Enforcement
Program.
IN COUNCIL
EAD AND PASSED
Kathleen M. Silvia
ity Clerk
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & MemifleiCity Council
Edward F. Lavallee, City Manage
15 July 2011
Fireman's Fund Insurance Compan rant
Peter D. Connerton, Interim Fire Chief
N/A
It is recommended that the Council authorize the Newport Fire Department to apply to the Fireman's Fund Insurance
Company for a grant in the sum of$IO,OOO.OO. With the funding from this grant the Fire Department will be able to pay
for all but approximately $1000.00 of the replacement cost of the sponsonsitubes on their Marine Rescue Boat. It is also
recommended that the Council approve the total amount of $11 ,000 for the purchase of this equipment as per the
attached quote provided by the sale source vendor.
The Newport Fire Department responds to water related emergencies in Newport Harbor, around Aquidneck Island, and
all of Narragansett Bay. The Department operates a Rigid Hull Inflatable Boat that was purchased with monies from an
anonymous donor in the year 2000. The boat has served the Department well, but the sponsons/tubes have exceeded
their expected service life of 5-7 years by 4 years. The sponson material has become very thin and has deteriorated from
the exposure to the elements and the suns UV rays. Patches have been added in spots to help extend its life, but these are
stop gap measures at best, and the tubes still lose air pressure. With the replacement of the tubes and the ongoing
maintenance 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. The
acceptance of this grant will in no way be detrimental to the City of Newport or the Newport Fire Department and
funding for the balance of cost ($1,000.00) is available in the Fire Department budget.
FISCAL IMPACT
l Currently Budgeted (Account 11-300-1320-50350) _ Requires additional appropriation _ No Fiscal Impact
Resolution
Fire Department Memo for permission to apply
Fireman's Fund Grant Application
Quote 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 of
Newport, and its visitors in its surrounding waters;
and
WHEREAS, the Marine Rescue Boat's inflatable sponsons are in
need 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's
detrimental in any
the Newport Fire
WHEREAS, applying for and accepting the grant
Fund Insurance Company would not be
way to the City of Newport or
Department. NOW, THEREFORE, BE IT
RESOLVED: the Council of the City of Newport hereby authorizes
the Newport Fire Department to submit a grant
application to the Fireman's Fund Insurance Company for
funds in the amount of $10,000.00 to be used to replace
the worn sponsons on the Department's Marine Rescue
Boat and, upon acceptance of said grant funding,
approves the purchase of the aforementioned equipment
in the total amount of $11,000.00 from the authorized
sole source vendor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Date:
To:
From:
Subject:
Mr. Lavallee,
Newport Fire Department
Office of the Fire Chief
MEMORANDUM
14 July 2011
Mr. Edward Lavallee, City Manager
Captain Peter D. Connerton
Interim Chief
Fireman's Fund Grant
I have been contacted by the Fireman's Fund Insurance Company in regards to applying
for and accepting a grant for the sum of$10,000.00. The stipulations in the agreement are not
detrimental to the City of Newport, or the Fire Department. The terms of the grant essentially
allows us to use the award as we see fit for FirefightinglRescue Equipment with their
authorization. I do have a piece of equipment in dire need of repair that this funding will cover
all 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 an
anonymous donor in 2000. The boat has served us well, but the sponsons/tubes have well
exceeded their expected service life of5-7 years by 4 years, and are in need of replacement. The
material they are constructed of has deteriorated, and become very thin from the constant
exposure to the elements, and more specifically the suns UV Rays. Patches have been applied in
spots to help extend its life, but these are stop gap measures at best, and the tubes still lose air
pressure from leakage. With the replacement of the sponsons, and the ongoing maintenance that
is provided it is expected that we will be able to extend the boats 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.
Wish your permission I will pursue this monetary award, and report back to you on its
status.
Respectfully submitted,
t ! D ~ -
Captain Peter D. Connerton
Interim Fire Chief
0. Fireman's Fund
~ Insurance Company
Acompany of Allianz
The Heritage Program
SM
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 respective
subsidiaries (collectively referred to as the "Company"). Fireman's Fund provides grants to fire
departments 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 Company
for 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 ensure
that the funding is utilized for the express purpose intended. The Department is required to apply a grant
or 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 of
purchases utilizing funding from the Heritage Program. invoice copies should be sent to:
Fireman's Fund Insurance Company
Attn: Heritage Program Grant Manager
777 San Marin Drive
SM-1, A25
Novato, CA 94998-1000
Fax: 415-899-3837
The Department must notify Company within 60 days of receipt of funds if it decides to purchase a
different quantity of items than what was awarded by Company, or if it chooses to apply funds differently
than 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 by
Company, the Department must first obtain approval from Company. In the event that the grant funding
is not utilized for the purpose(s) approved by Company andlor outlined in the original grant application
and Company is not notified of any changes to the original request, Company reserves the right to revoke
the grant funding or donation, request the return of the full grant/donation amount, and eliminate the
Department 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 on
promotional efforts to ensure that they are mutually beneficial. If the Department is awarded a grant or
donation, Company expects the Department to participate in a check presentation ceremony that is
scheduled mutually, but held within three months after the check is received andlor when the equipment
arrives. Company reserves the right to film andlor photograph the award presentation and publicize the
request and award in all internal and external marketing and communications activities related to the
Company Heritage Program. Company will provide stickers to the Department which indicate that the
equipment 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 iarge
donations such as fire safety houses, Company has the right to assist the Department with design and
signage on the equipment and may provide additional funding for this purpose. Company invites your
department to contact us to discuss any additional marketing or public relations assistance we can
provide on your behalf.
Finally, as a way to demonstrate the overall impact of this grant program, Company asks that the
Department provide documentation demonstrating the effect the funding has had on operations. This can
be documented via E-mail, letter, photos, video, or however the department sees fit. We request that this
impact be documented and shared with Company within six months of the receipt of the grant or donation
or as special calls occur and the grant funds helped make a difference.
By signing this agreement, Department agrees to carry out the aforementioned
activities as planned.
Agreed to and Accepted:
Department:
By:
Date:
Print Name and Title:
Dept. Tax/Fed 10 #:
Make Grant Checks
Payable 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 (NO
PO Boxes) for check
to be sent:
PLEASE PRINT LEGIBLY
Page 2 of 2
demaree inflatable boats, inc. I QUOTATION I
Inllatables for Induslrv
410 oak box 307, maryland 215$1
TO:
NEWPORT FIRE DEPT. RESCUE
DONALD GUNNING
nfdrescue@cQx.net
ATTN:
In response to your inquiry, we are pleased to offer the following"
SHIP TO:
DONALD GUNNING
TO BE DETERMINED
ATTN:
Quote No. I Date I Cust No I SIM I Your Referenced Inquiry
I
Delivery PromIse
I F.O.B. I Expiration
0001265 105/11/11 INEWPOR I R I EMAIL WHITEY
I
812WKSARO
I
ORIGIN
I
60 DAYS
Unll Price Extension
Item 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: 301746-5815 fAX: 301-746-5019 E-MAIL: rnfo@dlbboals.com WEB; VAWi.dlbbollls.com
THIS ORDERWOULD REQUIRE A113 DEPOSIT WHICH ALLOWS US TO SECURE
PRODUCTION TIME, UNLESS OTHERWISE STATED. SHIPPING DATE IS BASED
ON RECEIPT DATE OF YOUR PURCHASE ORDER AND DEPOSIT.
DEMAREE INFLATABLE BOATS, INC.
Page By: _
demaree inflatable boats, inc. I QUOTATION I
InllatBbles for Indualrv
410 oak street. box 3Q7, friendsville, maryland 21531
TO:
DONALD GUNNING
nfdrescue@cox,net
ATTN:
In response to your inquiry, we are pleased to offer the following:
SHIP TO:
DONALD GUNNING
TO BE DETERMINED
ATTN:
Quote No. I Date 1 Cust No I SIM I Your Referenced Inquiry
I
Delivery Promise
I
F.O.B. I Expiration
0001265 105/11/11 1NEWPOR I R I EMAIL WHITEY
I
812WKSARO
I
ORIGIN
I
60 DAYS
Unit Price Extension
Ilem 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#
3015010361.
TERMS: NET 30 DAYS
RESPECTFULLY.
DAVE DEMAREE 1SHELLEY LLOYD
PHONE: 3017465615 FAX: 301-746-5019 E-MAIL: Info@dlbboals,com WEB; Vv'WlV.dlbboals.com
THiS ORDER WOULD REQUIRE A 1/3 DEPOSIT WHICH ALLOWS US TO SECURE
PRODUCTION TIME, UNLESS OTHERWISE STATED. SHIPPING DATE IS BASED
ON RECEIPT DATE OF YOUR PURCHASE ORDERAND 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)$fjj'vio
Requefit for Taxpayer
Identification Number and Oertlflcatlon
lOlve form to the
reqUllalllf. PO not
send to the IRS.
IlPpropriate box: 0 Individual/SoIa prOPrletor5r"Corporauon 0 Partnetshlp
o 1.1n'1ltoo liability company. Enler lhe tax classlfloatlon (O",dISrelWded Mtlty. C",corpora1lon, p",partnersflip)'" ....
o Olher !w& ....
At/q(fll';'& (fii)fliber, &tree1, andapl. or suUe no.)
1199ak Streat, PO Box 39"-7 -1
Qlly. slale, and liP code
Frlend.vllla.I\lP
Namu ($.s shOwn on your Inoome tax roturn)
" Inflatabla Boals. Inc.
[ name, If differelH from above
e
ti

i
O
Exemp1
plJyee
AeCluellter'S nam"iHmd addre$$ (opllonal)
Tl'IJ(llaYef Identification Number fTlN)
I
or
ejiflplb')'.t
62 i
... ...o.. :!J .. r:T..IN In TIN ...sl ....m... pn 1 to. avoid
For itldlvldualsj this Is yOur {S$N). ii residant I i i
Qf. the Ilt1DtrUctlons:on.. Is
numb.r (SIN). If you do not aeoHow to gOla TIN on 3.
In than one n@me, $EJe the On page 4'fOJ Quidelloss on Whose
09flollion of V.II. peraoo. For ll<jetal tax purposes, you ele
lL$, pemol'llf you are:
An Ino:llvldual who Is a V.S. cltl.en 0' V.l>. rosldeht all.."
"ApllJtnt;Jrahlp, corporl,ltlon,cohJpanYI:
otganl.od In lh. vnitac $tata. or undet lhe laws of Ihe Unltad
Stolea,
An estale (othor than e /orolgn eSlate). or
A d.meallQ t,u,t (s. doflned In RO\lUlatiOns section
301.7701-7).
Spoclal rulea for partnal'$htp.. Ips duct a
trade or bu.in.... 'n the UMod d to
pay e wllhhold)ng lax on any fo e
from ,uoh bUM,..s. Further, In rro wa
has nol beon received, partners p presume Ihat
apartne' i. " foreign person, and paY I e withholding lax.
Theroforo, if yOu are U.S. pOl$On lhat I. a partnar In a
partnership conduOtlng a trado or buslnass In tho Unltad Slale
provide Form w-a !o the partnelSO'p to e.tsbll.h your U,S.
statu,sand.avold withholdIng on your
Income,
rhe peraon who glv., Form WBlo the part fo,
purpo.o. of eStablishIng fls V,S.talus and av wllhholdlng
o .PablasharaQf neUncomeJrom 'hIJ)
egat"'de or busln..s In Iho Unltad In tho
fo Q, CQsfi:S:
!
of perjury, I certifY 1hEU:
1 shown on thts fonnis mycorrecl nlJmt1ar {orl am waiting fora to me).ahd
2. I am not.ubJeotlo backup wllhholding because; (a) I am o,.,mpt ftom baCkup or (b) I have not been notified by thelntarnal
(IRS) that I am to backup a. a'e'ult ef afailure to r.port aUlnt.,t or dlvldeno:l,. Ot (0) tho lAS has
,"ptiftedh1fi Ihat I am no longElrsubJect to backup withholding, and
or Piller O;$,per$On (defined \)JtloW)
, Htruc11e:nl. Yf,)U ofOssoiJ1 tw
"u". y.'o. repon
jritat&stpaldt@CQY!l;lltlon
diner and yauatenot but
TIN. $,** ihelnstructionson
Instructions
the Internal Revenue Code unless
wl.e notod.
Pur lie of Form
to tile an hifQrms,tlQn the
t tax a et Identlflcatlon numbar (TIN)
to you. real (lstato
paid. acqul.itlon or
cancellation 01 dabl. er
u A,
a only If you aro a U.S, porson (Including a
to provldo yOur co"ecl TIN to Ihe person
be requester) and, When appllcablejto:
I: Qertlfy thaI the TIN you are giving I. co"oct (or you are
lor a number to ba I..uoo:l).
2, O.rtlfy thaI you aro not subjoct to backup Withholding. or
q.lm exemption from backup withholding If yev are a V,S.
9X9mpl pllyge. If appllcabla. you are al.o c.rtifylng thaI e, a
U,S. persen, your allocablo .hare of any partnershIp lneome I,em
a .V,$, t,ada or buslns.a I. nbt subjocI to the wlthholdlng I.. on
10,.19" panrj't\l' shar. of effecllv91y connocteo:l Income,
you a form other than Form W.,9 to
requast yql TIN. you musl usa Ihe I.quester's ferm If It Is
.ubslantlSlly slmUor 10 thl. Form wa.
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M e m ~ f City Council
Edward F. Lavallee, City Manag
July 13, 2011
Award of Bid Number 12-005- Construction Equipment & Operator: Seaweed
Collection and Disposal
Erik Reis, Beach Manager/Recreation Supervisor
Approve the award of bid number 12-005, Seaweed Removal from Easton's Beach, to All Island Landscape of
Portsmouth, 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); transport
seaweed or seaweed/sand mixture to farm or landfills - $95 per hour ($125 on weekends and holidays). Minimum hours
per 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. Daily
raking by City owned and operated equipment is sufficient to clear the beach on most days. However, there are several
occasions during the course of the beach season when heavy seaweed infestation exceeds the capacity of City
equipment. This contract provides for the additional resources to remove the seaweed thereby maintaining the
attractiveness of the beach and its revenue generating capabilities.
N/A
FISCAL IMPACT
l Currently Budgeted (Account 08-800-5300-5023])
Resolution
Bid Tabulation
Corporate 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 for
Construction 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 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); transport seaweed or
seaweed/sand mixture to farm or landfills -$95 per hour ($125
on weekends and holidays). Minimum hours per arrival: 4
hours; Minimum time to respond to non-scheduled requests: 2
hours.
NOW THEREFORE, BE IT RESOLVED: That the bid of All Island
Landscape of Portsmouth, RI is hereby accepted at a total NTE cost
of $10,000 dollars and the Mayor is authorized to sign said contract
on behalf of the City, subject to favorable review by the City Solicitor
is hereby approved..
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Tabulation of BID # 12-005 -
Construction Equipment and Operator (at Easton's Beach)
All Island HK&S Richmond w. Anthony East Coast
Landscape 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 sand
mixture 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 to
non- 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
_____ ... '0' ._n'o..__.. , . .. '.' n:'. " .. ' .. ' .'
. Name
Name

Tltle/Officer/PoSltlon:-'---
\)'\ Ce,
Title/Officer/Position
<l.c:idf<) /Sif>rxL
LMWtJ'R Au
21Zg):.\jyT' .yr14f1!46tM-; ktfft?(/)Pf
Title/Officer/Position '
Name
Name
Name
.I
"
'f,
9
, TItle/Officer/Position

City Council 07 27

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

City Council 07 27

Hochgeladen von

Copyright:

Verfügbare Formate

CITY OF NEWPORT

DOCKET OF THE COUNCIL

Signature of Property Owner:

,W' ftf"'$-.i' "'-

Das könnte Ihnen auch gefallen