In accordance with notice of the Rhode Island CRMC’s Planning & Procedures subcommittee, a meeting was held on Tuesday, September 20, 2022 at 9:30 a.m. at the CRMC’s offices at 4808 Tower Hill Rd, Wakefield, RI.

MEMBERS PRESENT
Raymond Coia, Chair
Donald Gomez
Patricia Reynolds
Ron Gagnon, RIDEM

STAFF PRESENT
Jeff Willis, Executive Director
Laura Miguel, Acting Deputy Director/Enforcement Supervisor
Leah Feldman, Coastal Policy Analyst
Brian Harrington, Sr. Environmental Scientist
Mark Hartmann, Legal Counsel

Call to Order. Chair Coia called the meeting to order at 9:31 a.m.

Chair Coia asked for a motion to accept the minutes of the March 15, 2022 subcommittee meeting. Mr. Gomez seconded by Ms. Reynolds moved such and the meeting minutes passed unanimously.

Item 5.A – Administrative Fines Program – Penalty Matrix. J. Willis introduced the matter by detailing that during the 2021 Legislative session the Council’s statutory fine capabilities were increased from a $2,500 maximum fine (per violation) to $10,000. Given that change, there was the need to develop a transparent methodology on how to assess fines given this much broader range of possible levies. J. Willis introduced Leah Feldman, who, working with the Enforcement staff and Legal Counsel, was tasked with developing such a program. L. Feldman detailed the travel and progression of the development of the Program. She presented how other state and federal jurisdictions were researched and understood to help shape the CRMC’s approach. Legal Counsel Hartmann noted how the US Coast Guard and EPA handle such matters. L. Feldman explained how the basis of the Program and Matrix shows the nexus between the CRMC’s enabling legislation on assessing penalties and the rationale and backup in determining actual fines. Mr. Gagnon stated that having such justification is helpful for any appeal that finds its way to Superior Court. In response to Ms. Reynolds question, she further explained how past and resolved violation matters were used to ground truth the various iterations of this penalty matrix. Chair Coia asked how the staff currently assesses fines. L. Miguel responded by noting the $2,500 maximum under the previous statutory allowances coupled with the severity of the majority of violations almost automatically required staff to issue a maximum fine. Mr. Gomez asked if multiple fines can be assessed if there are multiple violations at a site. Both J. Willis and L. Miguel answered in the affirmative. Chair Coia asked whether the property owner is able to interact with staff on the matter. L. Miguel noted that can happen at any time. She explained that staff will discuss the matter when at the site, and during any follow ups, either in-person or via other communication means. Mr. Gomez asked if the issuance of a fine includes a Cease & Desist. L. Miguel noted that if a violation warranted a fine a C&D was usually issued. Ms. Reynolds and Chair Coia asked about the ability of staff to negotiate a fine. L. Miguel responded that yes there is room for such based on special circumstances which may come to light in communicating with an alleged violator. L. Feldman explained that the Penalty Matrix form contains a narrative section on such information. Mr. Gagnon asked if restoration is proposed can the fine be reduced. L. Miguel responded that it can. There being no further questions, Chair Coia called for a motion.

Mr. Gagnon seconded by Ms. Reynolds moved to approve the proposed program and penalty matrix as presented and begin the rule-making process. All voted in favor of the motion.

ADJOURNMENT. Ms. Reynolds, seconded by Mr. Gomez, moved to adjourn. All voted in favor of the motion and the meeting was adjourned at 10:21a.

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