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'America's 1st resort' Newport sued over pollution

Email|Print|Single Page| Text size + By Michelle R. Smith
Associated Press Writer / July 16, 2008

PROVIDENCE, R.I.—An environmental group and four Newport residents sued the city Wednesday, saying it hasn't done enough to stop water pollution that spoils and shuts down the city's beaches.

The lawsuit, filed by Environment Rhode Island and the residents in federal court in Providence, accuses Newport and its sewer system manager, Long Beach, Calif.-based Earth Tech Inc., of violating the Clean Water Act.

Newport calls itself "America's First Resort" and, with attractions such as its famed mansions, picturesque beaches and boating culture, is the center of the Ocean State's tourism industry.

The city manager said the city has spent millions on equipment and studies, and is working hard to fix the problems.

The lawsuit says the city's sewer system gets overwhelmed when it rains heavily, and has discharged sewage and storm water into the waters around the city more than 125 times in the past five years. The discharges can cause high levels of bacteria and have prompted frequent beach closings at Newport's beaches, including Easton's Beach, Atlantic Beach Club, Kings Park Beach and Newport Harbor.

Ted Wrobel, who moors his sailboat in Newport Harbor, says in the lawsuit that he'd like to swim off his boat in the harbor, but is worried about disease and infections that get into the water from the sewage system.

Henry Rosemont, Jr., said he doesn't allow his grandchildren to play in the water at the harbor and doesn't let them go in the water at Easton's Beach after it rains because he fears it would make them sick.

The lawsuit asks the court to order Newport and Earth Tech to comply with the Clean Water Act and to order Earth Tech to pay civil penalties for violating the law. Environment Rhode Island has also sent a letter to neighboring Middletown saying it believes the town is violating the Clean Water Act, a first step in filing a lawsuit.

Newport City Manager Edward Lavallee said he was disappointed by the lawsuit because the city has met with the group and tried to show how hard it's working to fix the problems. He said the city has been working for years to ensure that storm drains are no longer going into the sewer system, which can overload it after heavy rains.

That effort has paid off, he said. Easton's Beach, which is adjacent to the Cliff Walk and one of the city's best-known beaches, has had problems in the past with closures after heavy rains. But he said this year, it hasn't been closed.

"It's an illustration of the investment that we've made," he said.

The city is also working on a system to store storm water in underground tanks after a heavy rain so that it can slowly be drained later and is planning to spend $4 million for an ultraviolet system that will purify storm water that ends up in a moat that drains near Easton's Beach.

Frank Pollare, a spokesman for Earth Tech, said the company had not seen the lawsuit and could not comment on it specifically. But he said the company and city were working to provide "environmentally responsible solutions" that comply with regulations.

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