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Home My WebLink AboutMisc Correspondence 701 Nutmeg Road Nort STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH RANStUT J� PUBLIC HEALTH HEARING OFFICE December 23, 2008 Unlimited Motorsports& Paint, Inc CM RRR#9171082133393206024677 c/o William R. Donaldson, Esq. Donaldson, Kershaw& Norris, LLC 65 Main Street Danbury, Connecticut 06810 Gerald L. Schwartz, MD CM RRR#9171082133393206024684 Director of Health Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: Unlimited Motorsports, & Paint, Inc. v. South Windsor Health Department-Docket#080808EH Property located at 701 Nutmeg Road North, South Windsor Dear Attorney Donaldson and Dr. Schwartz: Enclosed please find a copy of the Proposed Memorandum of Decision in the above referenced matter rendered by Hearing Officer Olinda Morales. Pursuant to the Connecticut General Statutes Section 4-179, you have the opportunity to file briefs and exceptions, and present oral argument to the Commissioner of Public Health. If no such request is received by the Commissioner by January 6, 2009, the Commissioner shall consider these rights to be waived and shall render a final decision in this matter. All filings shall be sent to: Public Health Hearing Office Department of Public Health 410 Capitol Ave. MS#13PHO P.O. Box 340308 Hartford CT 06134-0308 Sincerely, Diane Buzzetti, Paralegal Hearings Liaison Department of Public Health Public Health Hearing Office 410 Capitol Avenue, MS#13PHO P.O. Box 340308 Hartford, CT 06134-0308 860-509-7648 Fax 860-509-7553 c: J. Robert Galvin, M.D., M.P.H, M.B.A., Commissioner Olinda Morales, Hearing Officer Phone: Telephone Device for the Deaf.(860)509-7191 Z; 410 Capitol Avenue-MS# P.O.Box 340308 Hartford,CT 06134 Affirmative Action/An Equal Opportunity Employer STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH In re: Chad Longo Unlimited Motor Sports Docket No. 080808EH V. Town of South Windsor Health Department December 23, 2008 PROPOSED MEMORANDUM OF DECISION Procedural Background On August 7, 2008, Dr. Gerald Schwartz,M.D.,Director of Health for the Town of South Windsor("Local Health"), issued a Notice of Violation("the Notice")to Chad Longo, owner of Unlimited Motor Sports ("appellant"), a property located at 701 North Nutmeg Road in South Windsor, Connecticut("the property"). The Notice cited the property for emitting fumes/odors that crossed onto neighboring properties located on Strong Road. Appellant was ordered to cease and desist the activity that produced such fumes and/or odors. On August 7, 2008, appellant submitted a written appeal, claiming that the Notice (1) causes severe economic impact on the business; (2)there is no evidence of fumes or odors emanating from the property; (3) the Notice does not mention the presence, quantity, or composition of the pollutants, and does not state that the property is the sole source of the fumes/odors; and, (4) fumes/odors are regulated by the Connecticut Environmental Protection Agency Regulation §22a-174-23. Rec. Exh. 2. On August 27, 2008,the Commissioner of the Department of Public Health("the Department") designated the undersigned as the Hearing Officer in this matter to preside at the hearing,to rule on all motions, and to recommend findings of fact and conclusions of law. A hearing on the appeal was held on October 20, 2008. Appellant was present and represented by William Donaldson, Esq.; Local Health was represented by Robert DeVito, an Environmental Health Officer for Local Health. Both parties were given the opportunity to present evidence and argument on all issues and to conduct cross- Page 2 of 5 examination. At the hearing, appellant also contended that Local Health should have had the Connecticut Department of Environmental control perform air quality testing before the Notice was issued. This Proposed Memorandum of Decision is based entirely on the record and sets forth the Hearing Officer's proposed findings of fact, conclusions of law, and order. Findings of Fact 1. Appellant is the owner of the property located at 701 North Nutmeg Road in the Town of South Windsor, Connecticut. Tr.p. 3. 2. The property is located in an industrial zone and houses a car paint shop that uses urethane-based enamel paint. Tr.pp. 21,25. 3. On August 6, 2008, at approximately 5:30 p.m., spray fumes were emanating from the property and crossing into neighboring properties located on Strong Road. Tr.p. 10. 4. The Local Health inspector who discovered the fumes during an inspection on August 6, 2008, did not use an instrument to determine the presence of fumes. Instead,he was able to detect the nuisance by smelling it and observing that appellant was in the process of painting a car. Tr. pp. 30-32. 5. The fumes emitted at the property cause a danger to public health in that the fumes cause headaches, nausea, and irritation of the lungs and eyes. Tr. pp. 33- 34. Discussion and Conclusions of Law Appellant has the burden of proof in challenging the action of the Health District. Red Hill Coalition, Inc. v. Conservation Comm.,212 Conn. 710, 718 (1989). The burden of proof required in this matter and applied in this decision is by a preponderance of the evidence. Swiller v. Commissioner of Public Health,No. CV 95-0705601 (Sup. Court,J.D. Hartford/New Britain at Hartford, October 10, 1995);Bridgeport Ambulance Serv. v. Connecticut Dept. of Health Serv.,No. CV 88-0349673-5 (Sup. Court, J.D. Hartford/New Britain at Hartford, July 6, 1989); Steadman v. SEC, 450 U.S. 91, 101 S.Ct. 999, reh'g den., Page 3 of 5 451 U.S. 933 (1981); Bender v. Clark, 744 F.2d 1424 (loth Cir. 1984); Sea Island Broadcasting Corp. v. FCC, 627 F.2d 240, 243 (D.C. Cir. 1980), Local Health issued the Notice pursuant to §2.18 of the Performance Standards - All Zones of the Town of South Windsor("the Town Standards") and §19-13-B2(a) of the Public Health Code. Section 2.18 of the Town Standards requires that"[a]ll discharges of wastes, chemicals, or other substances shall be in compliance with Federal, State, and local laws and regulations. Section 19-13-B2(a) of the Public Health Code provides that"[a]ny local director of health . . . upon finding such nuisance or pollution exists, shall issue his order in writing for the abatement of the same." Section 19a-206 of the Statutes further provides in relevant part: (a) Town, city and borough directors of health or their authorized agents, shall within their respective jurisdictions, examine all nuisances and sources of filth injurious to the public health, cause such nuisances to be abated and cause to be removed all filth which in their judgment may endanger the health of the inhabitants. (b)When any such nuisance or source of filth is found on private property, such director of health shall order the owner or occupant of such property, or both, to remove or abate the same within such time as the director directs. . . . On August 6, 2008, at approximately 5:30 p.m., Local Health conducted an inspection of the property finding that spray fumes emanate from the property and cross onto neighboring properties located on Strong Road. Since paint fumes cause headache, nausea, and irritation of the lungs and eyes, it is"injurious to the public health . . . and may endanger the health of the inhabitants." Appellant contends that fumes and odors are regulated by the Connecticut Environmental Protection Agency Regulation§22a-174-23 and that the EPA visited the property on several occasions and was not able to document any violation. However, §22a-174-23 of the EPA Regulations does not prevent Local Health from exercising its separate and independent jurisdiction to ". . . examine all nuisances and sources of filth injurious to the public health, cause such nuisances to be abated and cause to be removed Page 4of5 all filth which in their judgment may endanger the health of the inhabitants. . ." Thus, even if the EPA Regulations also apply, they don't prevent Local Health from investigating and ordering the abatement of a nuisance. Furthermore, the issue in this case is whether the fumes and odors coming out of the property constitute a public health nuisance injurious to public health, which is solely within the discretion and authority of local health. Appellant failed to sustain his burden of establishing that the fumes and odors are not a public health nuisance, and Local Health presented evidence that such fumes and odors are hazardous to respiratory systems. Therefore, appellant failed to sustain his burden of proof and Local Health properly issued the Notice under both §2.18 of the Town Standards and §19-13-B2 of the Public Health Code. Appellant also contends.that Local Health should have had the Connecticut Department of Environmental control perform air quality testing before the Notice was issued, and that there is no evidence of fumes or odors emanating from the property. Appellant,not Local Health,has the burden of proof in challenging the action of the Health District. Red Hill Coalition, Inc. v. Conservation Comm., 212 Conn. 710, 718 (1989). Appellant's remaining claims that that the Notice causes severe economic impact on the business, the Notice does not mention the presence, quantity, or composition of the pollutants, and does not state that the property is the sole source of the fumes/odors, are all insufficient to vacate the Notice. Page 5of5 Proposed Order Based on the record in this case,the above findings of fact and conclusions of law, this Hearing Officer respectfully recommends to the Commissioner that this appeal be dismissed and that Local Health's Notice of Violation dated August 7, 2008,be affirmed. Respectfully submitted, Pe7 Dated: ��o Olinda,Aeforales, Esq. Hearing Officer 08/15/2008 FRI 14:06 FAX 860 644 7280 South Windsor Town Hall 2001 ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OR JOB NO. 0876 DESTINATION ADDRESS 92891751 PSWD/SUBADDRESS DESTINATION ID ST. TIME 08/15 14:06 USAGE T 00' 32 PGS. 1 RESULT OR 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074 TELEPHONE(860)644-2511 Chad Longo Unlimited Motor Sports 701 Nutmeg Road South Windsor,CT 06074 Re:701 Nutmeg Road,Unlimited Motor Sports,Nuisance Violation. Dear Mr.Longo: Please let this letter serve as this departments permission for you to test the elbow,carbon filters,and the paint arrestor you have installed in your paint booth ventilation system for the next sixty days(60).The repairs you mane are an attempt to abate the Notice of Violation issued you on August 7,2008.If at any time during the testing of the repairs the fumes/odors are detected you must immediately stop all painting operations. .Thank you for your cooperation m resolving this situation.If you have any questions,I can be reached at 860-644-2511,extension 248. Sincerely, Robert De Vito,R.S. Environmental Health Officer CC:Virginia Bamber M N neq Rd,Norm South Windsor CT 00074 phony WO.280- roe Fox. 880-290-1 761 Unlimited Motorsports Fa \J Tbs C7 From Unlimited Motomports and Paint Fax: Pagew phones Data Rat CC: ❑Urgent ❑ For Review ❑Please Comment O Please Reply ❑Please Recycle o� J -e5 4-0"5 C,a 1 I L `0 II t J� S/T'd 08aO09:01 TOLT682098 iWdSdOlOW G31IWI-1Nn:woNj 60:2T 8002-ST-onu The Gilbert Sheet Metal Company, LLC P.O. Box 1135 Invoice South Windsor, CT 06074 (860) 610-0035 Fav(960) 610.0036 DATE INVOICE NO. 8/14/2008 3806 BILL TO SHIP TO Unlimited Motorsports and Paint Inc. Your shop 701 Nutmeg road North South Windsor,CT 06074 P.O.NO. Perms Ship Date Ship Ma Job/Ref Other Vrbl-Chad Net 30 8/14/2008 08099 CITY DESCRIPTION PRICE EACH TOTAL Furnish and install roof duct extension and carbon filter rack inside of 1,500.00 1,500.00T booth CT State Safes Tax 6.00% 90.00 United We Stand Total $1,590.00 S/Z'd 082LVV9:01 TOLT682098 idOdSWiOW G31IWI-1Nn:W08J 60:2T sow-ST-9nu STATE OF CONNECTICUT + DEPARTMENT OF CONSUMER PROTECTION W Be it known that RIC&ARD L GILBERT � F i 236 �I T ! has been certified by 1 :.D`+ i3f Sumer protection as a LIMITED SH �T� 1V �'A . dbNTRA,CI'OR Ll+sre -SMI Effective: 09/01/2007 Expxxation: 08/31/2008 The CUbert Sheet Metal Co. LLC Custom Sheet Motal Fabrication Richard L. Gilbert owner/manager 701 NUtmoK Road•Nonh I8601 ft 1 u eo3s South WOilHW,CT UOU74 Max 1660)6 r O.UO3a e-mail:rrchHi*9sm.necoaman.com S��'d 082L"9:01 TOLT682098 iaOdSNOlOW o91IWI-1Nn:WOdd 60:2T 8002-sT-end JOB I... Environmental Services Inc. pO# DATE �/� D T&M ❑ E.Ft. Q DAY M T W TH F S SU Mitchell Associates, Inc. CONTRACT SURCHARGE ❑ CONTACT PERSON._..._.. !� y"+"1 '1 90 Brookfield Street DEPART FROM SHOP South Windsor, CT 06074 AM/PM PHONE IF ( j 1-600-466-SPIL(24 Hour Service) ARAIVE BACK AT SHOP AM/PM CLIENT Y{ 10 �r. ; �•., :-, Fax(660)299.0138 - '-� • OR ARRIVE:AT NEXT JOB AM/PM BILLING ADDRESS /�,�� ''��"�''' i'l JOB LOCATION ATTN --.------ So. 4Ja'w LABOR: EQUIPMENT: NAME TITLE ST OT DT EQ ID PICK-UPTRUCK SUPERVISOR EM REBPON$E VAN ST TRUCK FOREMAN SUPERVACI MAMA VAG FOREMAN VACUUMTRAILER ROLL4)FF TRUCKR'AAILER EQUIPMENT RACKTAUCX OPERATOR EQUIPMENT BOXTRUCK OPERATOR TRAILER BUMP FIELDTCCH a WHEEL DUMP TRUCK TRI-AXLE DUMP TRUCK FIELOtECH EXCAVATOR FIELD TECH BACKNOE - BOBCAT �,2 rR1ITi t r SWEEPER PRE68UREWASHER 'CONFINFO SPACE TRAILER POWER WORK BOAT TAG-ALONG - DISPOSAL: COMPRESSOR _ GENERATOR TYPE FACILITY QTY MANIFEST# LIGHT PLANT SOLID(DRUM$) METER —_..._. LIQUID(DRUMS) _ LIQUID(BULK) t',"nlMrro NVININ MATERIALS: MMn1411NS1 I . _ _.._.. TV RIPTI N D BCRI SOLID(HULK) —09kof DFI1 OVERPACKSTEEL 47-H DRUM OVERPACK PLASTIC $ORBENTPADS BALE CHICKEN BOOTS T SORBENT BOOM ME Y DRUM B'SORSENTROOM 9ALE EPALEVEL OLL-OFF CANS INVENTORY: (Check Box N Onslte Only) HARDBOOM SECTION ROLL-OFF LINER CAN NUMBER CAN NUMBER CAN NUMBER CAN NUMBER CAN 8ER POLY ROLL SIZE; 91IMPLEOREENDEGRIASER DRUM LINERS CAMERA PVC GLOVES HAY BALES ODOR KILL FILL DUCTTAPE ALYSIS: IT-E DRUM OTY. TYPE LAB SUBCONTRACTORS TIC42S NAME OF COMPANY DESCRIPTION OF WORK JOB DESCRIPTION: Cus Tot n-r Fr OB COMPLETED YES NO JOB DONE EXCEPT GUSTO ' FOR DISPOSAL �� _ (Company " SIGNATURE: sbnelure (1.30,I M.A"l RESE ATIVS) f)� Noma Onto:��J. / `� 4 TWO Page—Of— IMPORTANT-PAYMENT tEkMS ON SACK S/S'd 0821"9:01 TOIT682098 idOdS8OlOW a31IWI-1Nf1:W08d OT:ZT 800Z-sT-9nu M C O in")1��Ce � C H E NI C O MANUFAC URING COMPANY.INC. INVOICE 4 HEADQUARTERS rZ INVOICE DATE PAGE INVOICE NO. e ! PHONE: 1.800-323-0431 FAX: 1-800.336.770G 04 01.-0 8 1. 366925 4 o E-MAIL:nbfnfo0Chemoomfp.Com WESSITE:www.chomeomfg.com • sit REMIT T0:P.O.BOX 88867 CHICAGO.IL 60600-1657 SOLD TO: SHIP TO: UNLIMITED MOTOR SPORTS & PAINT UNLIMITED MOTOR SPORTS & PAINT 701 NUTMEG RD NORTH 701 NUTMEG RD NORTH ,SOUTH WXNDSOR, CT. 06074 SOUTH wzNDSOR, CT. 06074 ups# 1ZG27535035S923021 54 UPS 522434 076422 CHARNET 30 DAYS 202010OT12 100 20"X20"X2" TYPE 12 PAD 77. ,o, 0.70 70. 00 100/CARTON T-12 202010OMPS 100 20"X20" MAXGUARD PAINT 1.50 150 . 00 ARRESTOR 100/CARTON MAXGUARD *** R IGHT AMOUNT 30 .73 THS GOLLCWIN¢IS MADE IN LIEU OP ALL WARRAWMA.EXPRBSSED OR IMPLIED: SELLEWS ONIx OELIOATION SHALL 114 TO REPLACE SUCH QUANTITY OF THE PRODUCT PROVED TO BE DEFECTIVE. SdLLBR SHALL NOT PERMS AND SG LIABLE wom ANY INJURY,L099 01;DAMAQE.OIMCT OR CONSEQUENTIAL,AAISM OUT OF THE uBE OR on TK IN oiu Y TO US&. CONDITIONS THQ PADDUCT 6EPOAE USING,USER SHALL OMRMINE THE SUITABILITY OF THE PRODUGT FDA H19 INTENGQD USE.AND USER ASSUMES OF SALE ALL 1415A AND VABILIIY wmA7b0CVBR IN CC>t+NECTiON TKMrWITH THE PORGOONO MAY NOT BE CHANGED EXCEPT BY AN AGREEMENT SIMI)BY AN WPM OF SELLER W9 RONDY eRFrr Y THAT GO=40VMo BY Tmil w4vTI0E HAVI VAN►ROW=I!I*%WUAW4"m Tw"UKA OTAND"oll ACT DV I W.a memo PLEASE PAY > 250.73 S/t7'd 082L_"9:01 TOLT682098 1�IWSWMW 031IWI-1Nn:wo .d OT:2T 8002-ST-qnu Sad- 25 T-3 1540 Sullivan Avenue South Windsor,CT 06074 Phone:(860)644-2511 Town of South • • Fax:(860)644-7280 Fmc To: Z Z1C From: Fa Date: Phone: Pages: Lill Re: CC: ❑Urgent For Review ❑Please Comment ❑Please Reply ❑Please Recycle SOW N Sf4 C Tiou� opsloa� ?d&U&01t 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 J�OSOR-CO TELEPHONE (860) 644-2511 NOTICE OF VIOLATION Office of the Local Director of Health South Windsor, CT 06074 August 7, 2008 Mr. Longo Unlimited Motor Sports 701 North Nutmeg Road South Windsor, CT 06074 Re: Unlimited Motor Sports 701 North Nutmeg Road South Windsor, CT 06074 Dear Mr. Longo You are hereby notified of the existence of a Public Health Code violation upon the premises owned by you or under your charge, located at 701 North Nutmeg Road, in the Town of South Windsor, Connecticut and is described as follows: During a site inspection conducted on August 6,2008, our office made the following observations: 1. Your spray paint operations were emitting fumes/odors which crossed into neighboring properties located on Strong Road. LAW VIOLATION: Section 19-13-B2(a)of the Connecticut Public Health Code Section 2.18 Performance Standards—All Zones of the Town of South Windsor Zoning Regulations AUTHORITY: Sections 19a-206, 19a-207 & 19a244 of the Connecticut general Statutes PENALTY: Section 19a-206, 19a-230 of the Connecticut General Statutes APPEAL: Section 19a-229 of the Connecticut General Statutes (see enclosed) By the authority of the Town of South Windsor Health Department, it is hereby ordered that this facility cease and desist the activity that is producing the paint fumes/odors. i Mr. Longo -2- The following corrective actions shall be taken immediately: 1. You must submit to this office the corrective actions that will be taken to eliminate the emissions of paint fumes/odors. The required corrective actions must be submitted by a licensed professional engineer specializing in exhaust systems or by a licensed professional HVAC company or the like. PLEASE NOTE: Corrective actions must be submitted to this office and all other Town of South Windsor Departments and secure all necessary applicable licenses and permits. raid chwartz, M.D. Director of Health Duly served this 7th day of Au :3 True copy received b Served by: Title: 2� 5-Nv I paw ff h/T&— fk4E�A-Z,Tt RIGHT OF APPEAL: Connecticut General Statutes Sec. 19a-229 states"Any person aggrieved by an order issued by a town,city or borough director of health may appeal to the Commissioner of Public Health not later than three business days after the date of such person's receipt of such order,who shall thereupon immediately notify the authority from whose order the appeal was taken,and examine into the merits of such case,and may vacate modify, or affirm such order." There are two ways to appeal this order;both methods require action not later than three business days after you receive the order. (1) You may appeal the order by delivering your written appeal to the Department not later than three business days after you receive the order. You may deliver it to the Department either in person or by facsimile. The Department's address and facsimile number are: Department of Public Health Public Health Hearing Office 410 Capitol Avenue MS 13 PHO P.O.Box 340308 Hartford,CT 06134-0308 Facsimile: (860)509-7553 If you chose this method of appeal,you need do nothing more to perfect your appeal,unless instructed otherwise by the Department. (2) You may also appeal the order by calling the Department not later than three business days after receipt of the order at one of the following numbers: (860)509-7648 or(888)891-9177. It is sufficient to leave a message with your name,number and a description of the order you are appealing. If you appeal the order by calling one of the telephone numbers listed above,the telephone call must be followed up with a written notice of appeal that must be received by the Department within ten days of the telephonic notice. PLEASE NOTE: It is not sufficient that the written notification be postmarked within ten days. It must be received by the department within ten days. Delays caused by the Post Office will not excuse failure to comply with this requirement. The written notice of appeal following the telephonic notice may be delivered to the Department in person,by facsimile,or by first class or certified mail. The Department's address and facsimile number are provided above. If you chose to send the written notice of appeal by first class mail or certified mail,please use the address provided below. Department of Public Health Public Health Hearing Office 410 Capitol Avenue MS 13 PHO P.O.Box 340308 Hartford,CT 06134-0308 The Regulations of Connecticut State Agencies provide: Sec. 19a-9-8: Date due when due date falls on a date the department is closed. If the last day of any statutory or regulatory time frame falls on a day on which the department is closed, any paper may be filed or any required action may be taken on the next business day the department is open. Such filing or action shall be deemed to have the same legal effect as if done prior to the expiration of the time frame. Sec. 19a-9-14: Appeals of orders issued by a town,city,borough, or district director of health. [Subsections(a), (c),(d), (e)and(f)] (a) Any person aggrieved by an order issued by a local director of health may appeal said order to the commissioner. (c) The notice of appeal shall state: (1) the name,address,and telephone number of the person claiming to be aggrieved; (2) the name of the issuing authority; (3) the way in which the order adversely affects the person claiming to be aggrieved; (4) the order being appealed; and (5) the grounds for appeal. (d) Telephonic notice of appeal to the office of the commissioner shall be satisfactory as the initial notice of appeal,provided written notice of appeal from the person claiming to be aggrieved is received by the department within ten (10) days of the telephonic notice. (e) An appeal from an order issued by a town,city,borough,or district director of health shall be a de novo proceeding in accordance with the regulations governing contested cases as set forth in sections 19a-9-1 through 19a-9-29 of the Regulations of Connecticut State Agencies. (f) Any order issued by a town,city,borough, or district director of health shall include a notice of the right to appeal which shall indicate the name and telephone number of the commissioner or the commissioner's designee,and shall be accompanied by copies of sections 19a-9-8 and 19a-9-14 of the Regulations of Connecticut State Agencies. F STATE OF CONNECTICUT CERTIFIED MAIL#9171082133393205551679: 1686 DEPARTMENT OF PUBLIC HEALTH J. Robert Galvin, M.D., M.P.H. M. Jodi Rell Commissioner ,�„ Governor TO: Unlimited Motorsports & Paint, Inc. TO: Gerald L. Schwartz, MD c/o William R. Donaldson, Esq. Director of Health Donaldson, Kershaw & Norris, LLC Town of South Windsor 65 Main Street 1540 Sullivan Avenue Danbury, Connecticut 06810 South Windsor, CT 06074 RE: Unlimited Motorsports & Paint, Inc. v. South Windsor Health Department Docket#080808EH-Property located at 701 Nutmeg Road North, South Windsor NOTICE OF HEARING AND DESIGNATION OF RECORD By authority of Section 19a-229 of the General Statutes of Connecticut, you are hereby notified to appear for a de novo hearing regarding the appeal of an order dated August 7, 2008 issued to Mr. Longo, President of Unlimited Motorsports & Paint, Inc., by Gerald L. Schwartz, MD, Director of Health, South Windsor Health Department, regarding the violation of Section 19-13-132 (a) of the Connecticut Public Health Code and Section 2.18 Performance Standards-All Zones of the Town of South Windsor Zoning Regulations. The record to date consists of the following: 1. Copy of an order dated August 7, 2008, issued to Mr. Longo, President of Unlimited Motorsports & Paint, Inc., by Gerald L. Schwartz, MD, Director of Health, South Windsor Health Department; 2. Letter of appeal from William R. Donaldson, Esq. on be half of Unlimited Motorsports & Paint, Inc., appellant, dated August 7, 2008; and 3. Letter from Diane Buzzetti, dated August 11, 2008 to William R. Donaldson, Esq. and Gerald L. Schwartz, MD, Director of Health, South Windsor Health Department, acknowledging and informing of appeal. The hearing shall be conducted by Olinda Morales, who is hereby appointed as hearing officer, and who shall rule on all motions, and shall recommend findings of fact and conclusions of law to the undersigned. If you need a translator, please advise the Department no later than seven calendar days before the hearing. The hearing will be held: Date: October 20, 2008 Place: CT Department of Public Health 410 Capitol Avenue, Hartford CT Location: Second Floor, Conference Room C Time: 9:00 a.m. Z� PHONE:(860)509-7101 FAX:(860)509-7111 • 410 CAPITOL AvENUE-MS#13COM,P.O.Box 340308,HARTFORD,CONNECTICUT 06134-0308 Ajftrmative Action/Equal Employment Opportunity Employer i Page 2 RE: Appeal of Unlimited Motorsports & Paint, Inc. Docket#080808EH At the aforementioned hearing you may be represented by an attorney and present evidence on your behalf. It is your obligation to call any person you desire as a witness. The hearing will be conducted in accordance with Chapter 54 of the Connecticut General Statutes and Section 19a-9-1, et seq., of the regulations of Connecticut State Agencies. If you fail to appear at the hearing, upon proof that due notice was served upon you to appear, the hearing officer may proceed in the same manner as though you were present in person. An appeal of an order does not automatically stay its compliance date. Order Re: Filings The Appellant and the Local Director of Health are hereby ordered when submitting any pleadings, documents, motions, or other papers (including oversized documents) to the Department, to file an original plus three copies. If an exhibit consists of more than one page, the document must be numbered sequentially in the bottom right hand corner. When a single exhibit includes multiple attachments (such as, Attachments "A", "B", etc.), the pages should, nonetheless be numbers sequentially as one document, rather than numbering the documents sequentially within each attachment. All communications to this Department shall be submitted in this fashion. The appellant and the Local Director of Health shall provide a copy of each document filed to the appellant and the Local Director of Health as the case may be and so certify. All communication regarding this proceeding, including correspondence with the hearing officer, should be directed to: Diane Buzzetti, Hearings Liaison Public Health Hearing Office Department of Public Health 410 Capitol Ave. MS#13PHO P.O. Box 340308 Hartford CT 06134-0308 Tel. (860) 509-7648 Toll Free 1-888-891-9177 FAX (860) 509-7553 c2 7, d 6 Date d�4eirt Galvin, M.D., M.P.H., M.B.A. Commissioner STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH oai Jst�c .oANsrV 9 r PUBLIC HEALTH HEARING OFFICE August 11, 2008 Gerald L. Schwartz, MD Director of Health Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: Unlimited Motorsports & Paint, Inc. v. South Windsor Health Department Docket#080808EH-Property located at 701 Nutmeg Road North, South Windsor Dear Dr. Schwartz: Enclosed is a copy of an appeal to an order issued by you and received by this office on August 8, 2008. The appeal, made to the Commissioner of Public Health under Section 19a-229 of the Connecticut General Statutes, references the above noted property as well as the order. In order for us to affirm jurisdiction and investigate the appeal, please fax or send me, as expeditiously as possible, a copy of the order and a copy of the receipt showing the date the appellant received the order. Please direct all correspondence to my attention, noting that any correspondence sent to me must also be certified to the appellant. If you have any questions regarding the status of this appeal, you may contact me at (860) 509-7648 or toll-free at (888) 891-9177. Sincerely, 86A��_ Diane Buzzetti, Parale Hearings Liaison Public Health Hearing Office, MS #13PHO Tel. (860) 509-7648 FAX (860) 509-7553 Enclosure c: William R. Donaldson, Esq. Phone: Telephone Device for the Deaf: (860)509-7191 410 Capitol Avenue-MS# P.O.Box 340308 Hartford,CT 06134 Affirmative Action/An Equal Opportunity Employer STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH ai J�x TRANST( r PUBLIC HEALTH HEARING OFFICE August 8, 2008 Unlimited Motorsports & Paint, Inc. c/o William R. Donaldson, Esq. Donaldson, Kershaw & Norris, LLC 65 Main Street Danbury, Connecticut 06810 Re: Unlimited Mortorsports & Paint, Inc. v. South Windsor Health Department Docket#080808EH-Property located at 701 Nutmeg Road, North, South Windsor Dear Attorney Donaldson: This will acknowledge receipt of your appeal to an order issued by the South Windsor Health Department. This order concerns the alleged violations located at the above referenced address. Please direct all correspondence to my attention at this office. Also note that any correspondence sent to us must also be certified to Gerald L. Schwartz, MD, Director of Health, South Windsor Health Department. If you have any questions regarding the status of this appeal you may contact me at (860) 509-7648 or toll-free at (888) 891-9177. Sincerely, Diane Buzzetti, Paraleg Hearings Liaison Public Health Hearing Office Tel. (860) 509-7648 FAX (860) 509-7553 c: Gerald L. Schwartz, MD, Director of Health Phone: Telephone Device for the Deaf:(860)509-7191 410 Capitol Avenue-MS# P.O.Box 340308 Hartford,CT 06134 Affirmative Action/An Equal Opportunity Employer 203 748 3919 AU0-07-2008 18:09 DONALDSON KERSHRW NORR I S 203 748 3919 P.01i06 D OIVALDSON, K-B1? IU'A W& NORRIS, LL B' ATTORNEYS AT LA TV William R.Donaldson" 65 Main Street Barbara A.Kershaw Danbury,Connecticut 06810 Christopher P.Norris Telephone(203)-748-2671 Facsimile(203)748-3919 www.ThePractice.Net Also Admitted in New York Linda A.Norris,Of Counsel August 7, 2008 Department of Public Health Via Facsimile 860-509-7553 Public Health Hearing Office & US Mail Return Recei► 410 Capitol Avenue MS 13 PHO # P.O. Box 340308 Hartford, CT 06134-0308 RE:Appeal Dear Sir or Madam: Let this letter serve as formal notice of appeal of the August 7th, 2008, Town of South Windsor NOTICE OF VIOLATION delivered at 11:34 am on 8-7-2008 to Unlimited Motor Sports located at 701 South Windsor, CT. Our office represents Unlimited Motor Sports and Paint, a business operating at 701 South Windsor, CT. The authority issuing the NOTICE OF VIOLATION is the Town of South Winsor, CT through Gerald Schwartz, M.D., Director of Health and delivered by its Sanitarian — Environmental Health Officer Robert De Vito. (a copy of said notice is attached as Exhibit A) This order directs the business cease and desist the activity that is producing the paint fumes/odors. Such order directly impacts the operation of the automotive restoration and painting operation in that it cannot conduct business in the ordinary course. The obvious and severe economic impact upon the operation of the business is and will continue to debilitate the ongoing business. We are appealing the order directing the business to cease and desist the "activity" which is to say spray painting of automobiles. AUG ,3. '. A".7 HU5-07-2708 1 :10 DONALDSON E<ERSHALd NORRIS 203 74E 3919 P.02/06 The Grounds for appeal are: First, the Town of South Windsor relies upon its Zoning Ordinance Section 2.18 which states: Section 2.18 Performance Standards—All Zones All discharges of wastes,chemicals, or other substances shall be in compliance with Federal, State and local laws and regulations. Unlimited Motor Sports and Paint operates a facility that is subjected to the State of Connecticut Department of Environmental Protection regulations Section 22a-174- 3b. (hereinafter DEP) Unlimited Motor Sports and Paint, in fact, is subject to this regulation and under DEP section 22a-174-3b (b) (1) (D) is operating its facility in accord with DEP section 22a-174-3b (d) (1) through 22a-174-3b (d) (4). Unlimited Motor Sports and Paint, in fact, operates its facility in total compliance with The Bureau of Air Management for the State of Connecticut, Department of Environmental Protection which regulates odors under DEP section 22a-174-23 "Control of Odors". The subjective nature of DEP section 22a-174-23 lends itself to the observations of the representatives of the commissioner. In this case the commissioner has had field engineers at Unlimited Motor Sport and Paint on occasion: to wit Michael Ciszewski—site visit June 12, 2007 resulting in a report of"No Air Quality violations were noted at this time" (see attached report) Michael Ciszewski —site visit August 14, 2007 resulting in a report of"No Air Quality violations were noted at this time" (see attached report). The field engineers are the persons qualified to opine as to the violation of DEP 22a-174-23, not the Town of South Windsor Department of Health. In sum, there are no violations of any applicable law. Second the Town of South Windsor relies upon Section 19-13-B2 (a) of the Connecticut Public Health Code which states: Connecticut Public Health Code 19-13-132. Abatement of nuisance (a) Any local director of health, upon information of the existence of a nuisance or any pollution occurring within his jurisdiction, or when any such nuisance or pollution comes to his attention, shall,within a reasonable time, investigate and, upon finding such nuisance or pollution exists, shall issue his order in writing for the abatement of the same. A14G-07-2008 18:10 DONALDSi H KERSHR41 NORR I S 203 748 :3919 P.O4 06 General Report E-mail Type.of Inspection: RTl' Address: Source Name: UNLIMITED MOTORSPORTS Address: Tall North Nutmeg Road,South Windsor, CT 06074 Contact Name: Mr.Longo Telephone No.: (Sf 0) 289.1701. Ext.No. : Fax No. Date Of Inspection: 8/14/07 Start Time: 9;00 a. End Time. 10:30 a. Report:File Name: 07UnlimitedMotorS rts814.rti 7 Log Number: 07-12 INSPECTION REPORT On 8I14107 I conducted a general inspection at Unlimited Motor Sports to check for possible spray paint furneslodor problems. UMS maintains an:automotive restoration/aumbody shop at this location. I talked to source personnel to discuss the current situation at the facility. Mr.Lango informed me that they are doing their best to miniinize any spray punt fumes or odors at the site. He also indicated that they very rarely paint on a daily basis due to the nature of their business. The spray paint booth is equipped with fabric filters, and they utilize HVLP spray guns in the painting operation according to source personnel. Mr.Lango stated that they primaspray painted only a maximum of sixty(60) gallons of applied material list year. During this inspection period while they did some:spraying in the booth I observed no visible erniWon problems and detected no odors of any type crossing their property lines. No air quality violations noted at this time. Other: Source personnel has informed me that they hven't spray painted here on weekends since my inspection back on 6/26107. Recommendation: Log and file. i Mike Ciszewski Date: 8/14107 tr A.q•,A r,ir,5,At7)coat:n t 1A1 ZfARA9R t)4n,ac,)4n i nw raa 1 r6Jr"iNn:wn>4a )Z:4G1 APPIP-J-MH PUG-07-2008 ie:io DOhNRLDSON KERSHAW NORRIS 203 748 3919 P.05/06 Complaint Report Type of lttspection: COMPLAINT E-mail Address: Source Name: Unlimited MotorSports Address: 701 North Nutmeg Road,South Windsor, CT 06074 Contact Name: Mr. Lan go Telephone No.: (860) 289-1701. Ext.No. : Fax No. Date Of Inspection: ,2007 Start Time: 9:00 u, End Time: 10:45 a. Report rile Name: -OlffnFimitedMotorSports6l2.coin taint Log Number: 07-0741 INSPECTION REPORT On 6/12/071 conducted a general complaint investigation at Unlimited MocorSports to check for possible spray paint exhaust fumes/odor problems. Before entering the facility I conducted a drive-by inspection near the site, no spray paint fumes or odor problems were noted at this time, UMS maintains an automotive restoration/autobody shop at this location. I met with source personnel to discuss the current situation here. Mr. Lange informed me that they are doing their best to minimize any spray paint fumes or odors at the facility. Their spray paint booth is equipped with updated fabric filter arrestors that appeared to be in ,good working condition at this time. They utilize HVLP spray paint guns according to source personnel. Mr.Lango indicated that they primed/spray painted only a maximum of sixty (60) gallons of applied materials last year at this site. Also,source personnel informed me that they very rarely paint on a daily basis due to the nature of thicr business. During this inspection period no spray painting was being conducted at the facility. No air quality violations were noted at this time. Recommendation: Close Out and file. � Y i a Cis ewski Date: June 12, 2007 /, NOT <3oTS s�,+ i 9TaCQ4.i0=T!ni rnrTaP;:)MC)P iaan-i"nimi n=1THT-uin-:.in,.,a QT-On oriria_i_nnu A RI G-07—'2003 18: 11 DO[-,IHLDSON KERSHHI,i.I NORR I 9 03 749 3919 P.06/tab AIR QUALITY DEPARTMENT OF ENVIRONMENTAL PROTECTION LOG NUMBER: 2007-4741 BUREAU OF AIR MANAi;EhlENT COMPLIANCE 8t FICLO OPERATIONS REPISED091011)(4) 74 ELM STREET,HARTFORD,cr c6io6 FORMAL•301 Alleged Source: UNL1Iv IT>EA MOTORSPORTS Complaint Date. 5292007 Sourcc Mcims: North Nutmeg Road Complain Tint Received: Town Name: South Windsor,CT 06074 Priority: []A , [] B Sc Snake This event occurs mostly on what DAY of the week? —► Monday LjFriday Fugitive Dust This event occurs mostly at what TIM E of day? ❑Tucsday ❑Saturday fMar When First Noticed?2 MONTHS When Last Noticed71'ODAY Wednesday Sunday ® AGO M.V.Exhaust Othct aeninpnt_.girtiIs: Thursday Every Day ❑spray Paint COMPLAINANT STATES THAT THERE)S AN OFFENSIVE ODOR SEVERAL TIMES A WEEK OVER THE 0 Otha PAST SEVERAL MONTHS,SEE ATTACHED FAX. D Soo, Lj OPCn cumin COMPLAIN ANT INFORMATION: COMPLAINANT TELEPHONE NUMBER: COMPLAINT RECEIVED BY: Complainant: Virginia Bemtw Home Phone: (860)528.3626 Shannon Rittricr Addrvic 315 Strong Road Work Phone; (860)756-4554 SUM17TED BY Extension No. ❑ By phone { City: South Windsor Zip:06074 mlobilc Phone: (�By leper ! In person EPA 100•Ton Ferm9 ❑Yes ®No Assigned Datc 5/29/2007 Eng.1D: -FAX I i R AARKS; SdeduW. ') i u i y CLIENT SEQUENCE TOWN PREMISE ❑A ❑8 (3 WG IN Date:: ❑LOG OUT Date: 0 c ACTION: ❑Reg.Section Violation: Correa Narnc&Address of Company: c; v 0 No Violation noted ❑Kccp under survciilmicc i x � (,]On the pot correction ❑Othcr Violation Sourcc: I (:]Order Referral )nvcstigution Conducted by: NV issued No. Rgwrt Rciumcd; Contact made with the Complalnrrni: [)TELEPHONE ❑LETTER ❑OTHs R Referral to: ❑LOCAL HEALTH ❑EXTERNAL 0 OTHER(Spatiry)Owe; 0 FILE C3 0 R(SFECIFI l7 ' - k a lk-1,'On / I PA jAg 4& U r — v � TOTAIL._ P.06 Memorandum for file To: File From: Robert De Vito, Environmental Health Officer Date: April 24, 2008 Re: Odors coming from Unlimited Motor Sports from painting On April 22, 2008, I conducted a general compliant investigation at Unlimited Motor Sports &Paint, Inc., located at 665 Nutmeg Road North, to investigate an odor complaint registered by the residents of an adjacent property, 315 Strong Road. Residents of 315 Strong Road are complaining of paint odors coming from UMS when UMS performs painting operations. On April 22, 2008, Epoxy paint spraying operations were conducted. During the painting operations,Virginia Bamber, complainant, and a representative of this office walked the yard of Ms. Bamber residence and at that time no odors were detected, no visible emissions from the exterior vent were observed and no paint residues were found on the adjacent pine tress or ground. No violations were noted at the time of the inspection. General Report Type of Inspection: RTI E-mail Address: Source Name: UNLIMITED MOTORSPORTS Address: 701 North Nutmeg Road, South Windsor, CT 06074 Contact Name: Mr. Longo Telephone No.: (860) 289-1701 Ext. No.; Fax No. Date Of Inspection: 8/14/07 Start Time: 9;00 a. End Time: 10:30 a. Report File Name: 07UnlimitedMotorSports814.rti Log Number: 07-1087 INSPECTION REPORT On 8/14/07 I conducted a general inspection at Unlimited Motor Sports to check for possible spray paint fumes/odor problems. UMS maintains an automotive restoration/autobody shop at this location. I talked to source personnel to discuss the current situation at the facility. Mr. Lango informed me that they are doing their best to minimize any spray paint fumes or odors at the site. He also indicated that they very rarely paint on a daily basis due to the nature of their business. The spray paint booth is equipped with fabric filters, and they utilize HVLP spray guns in the painting operation according to source personnel. Mr. Lango stated that they primed/spray painted only a maximum of sixty(60)gallons of applied material last year. During this inspection period while they did some spraying in the booth I observed no visible emission problems and detected no odors of any type crossing their property lines. No air quality violations noted at this time. Other: Source personnel has informed me that they haven't spray painted here on weekends since my inspection back on 6/26/07. Recommendation: Log and file. Mike Ciszewski Date: 8/14/07 ' f 7 �u 0Ay 8A>A - �� Am - �a pn 34LD�°t4 SEfjG - Zo; II%5G cohT 0-2- a14 az 6h5F-COAT IHv�D � JUrs� X MoNof � 30(-y S PM --Sa 3p P N\ 30� -r�E.sD?� JOL.� 3 c I -- ,2 Pry J PM— 1 :30 PM Q o� DPIO 5 E&-f�R, �a� � 0� Pc�►�t� 13 o1 bRsE-uAT 022- C16d�Cek S I Z 177 i i .tr3f y\ -mod r �5 S 6bda r a 1*r-'erY6 za wizy-- wV11 'ems N� sr.�'....� `d�� bdCl sj ,f S o l7 ! web VV2 XA 0 ,� Complaint Report Type of Inspection:! COMPLAINT E-mail Address: Source Name: Unlimited MotorSports Address: 701 North Nutmeg Road, South Windsor, CT 06074 Contact Name: Mr. Lango Telephone No.: (860) 289-1701 Ext. No. : Fax No. Date Of Inspection: , 2007 Start Time: 9:00 a. End Time: 10:45 a. Report File Name: 07Un1imitedMotorSports612.complaint I Log Number: 07-0741 INSPECTION REPORT On 6/12/07 I conducted a general complaint investigation at Unlimited MotorSports to check for possible spray paint exhaust fumes/odor problems. Before entering the facility I conducted a drive-by inspection near the site, no spray paint fumes or odor problems were noted at this time. UMS maintains an automotive restoration/autobody shop at this location. I met with source personnel to discuss the current situation here. Mr. Lango informed me that they are doing their best to minimize any spray paint fumes or odors at the facility. Their spray paint booth is equipped with updated fabric filter arrestors that appeared to be in good working condition at this time. They utilize HVLP spray paint guns according to source personnel. Mr. Lango indicated that they primed/spray painted only a maximum of sixty(60) gallons of applied materials last year at this site. Also, source personnel informed me that they very rarely paint on a daily basis due to the nature of thier business. During this inspection period no spray painting was being conducted at the facility. No air quality violations were noted at this time. Recommendation: Close out and file. Y i e Ci zewski Date: June 12, 2007 \v`-iA(0 do ,,_\ S Ue S' New- c ko,8,Low 7--,Af v-,jvt-ed v-e NOT %� Fa ' o(\ 30TS 1 `x -�� STATE OF COIfiJECTICUT/ yy000 DEPARTMENT ENVIRONMENTAL PROTECTION 79 ELM STREET HARTFORD.CT 06106.5127 MICHAEL CISZEWSKI ` AIR POLLUTION CONTROL ENGINEER BUREAU OF AIR MANAGEMENT TELEPHONE: (860)424.3460 FAX: (860)424.4064 COMPLAINTS: (860)424.3436 PRINTED ON RECYCLED PAPER Y . I AIR QUALITY DEPARTMENT OF ENVIRONMENTAL PROTECTION LOG NUMBER: 2007-0741 BUREAU OF AIR MANAZ;EM ENT COMPLIANCE&FIELD OPERATIONS REVISED 0910312003 79 ELM STREET,HARTFOR'D,CT 06106 FORM A -501 Alleged Source: UNLIMITED MOTORSPORTS Complaint Date: 5/29/2007 Source Address: North Nutmeg Road Complaint Time Received: Town Name: South Windsor,CT 06074 Priority: ❑A ❑ B ®C ❑Smoke This event occurs mostly on what DAY of the week? Monday Friday ❑Fugitive Dust This event occurs mostly at what TIME of day? ❑Tuesday ❑Saturday ®Odor When First Noticed?2 MONTHS When Last Noticed?TODAY ❑Wednesday ❑Sunday AGO ❑M.V.Exhaust Other Rertinent details: ❑Thursday ®Every Day ❑Spray Paint COMPLAINANT STATES THAT THERE IS AN OFFENSIVE ODOR SEVERAL TIMES A WEEK OVER THE ❑Other PAST SEVERAL MONTHS.SEE ATTACHED FAX. ❑Soot ❑Open Burning COMPLAINANT INFORMATION: COMPLAINANT TELEPHONE NUMBER: COMPLAINT RECEIVED BY: i Complainant: Virginia Bamber Home Phone: (860)528-3626 Shannon Rittner I:. Address: 315 Strong Road Work Phone: (860)756-4554 SUMITTED BY g ❑By phone xtension No. ❑By letter City: South Windsor Zip:06074 Mobile Phone: In person EPA 100-Ton Perm? ❑Yes [DNo Assigned Date 5/29/2007 Eng.ID: ®Other-FAX REMARKS: Scheduled: 4( { i CLIENT SEQUENCE TOWN PREMISE ❑A ❑B ❑ LOG IN Date: ❑ LOG OUT Date: 0 Correct Name&Address of Company: ACTION: ❑Reg.Section Violation: ❑No Violation noted ❑Keep under surveillance ❑On the spot correction ❑Other Violation Source: ❑Order Referral Investigation Conducted by: ❑NV issued No. Report Returned: Contact made with the Complainant: ❑TELEPHONE ❑LETTER ❑OTHER. Referral to: ❑LOCAL HEALTH ❑EXTERNAL ❑OTHER(Specify)Date: ❑FILE ❑OT R 7/at-a IV 7 P a f t on- I P"A'e S PA JA 4f � � � a v 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 �OSOR.4; TELEPHONE(860)644-2511 June 10, 2005 CERTIFIED # 70020460000197444118 Unlimited Motor-Sports & Paint, Inc. 665 Nutmeg Road North South Windsor, CT 06074 RE: Application #2644-05— Unlimited Motor Sports &:Paint, Inc., 709 Nutmeg Road North, I zone Dear Mr. Longo: At the meeting of the South Windsor Zoning Board of Appeals held on June 2, 2005, the Board approved your request with conditions for.a'State Hearing under section 14- 55 of the General Statutes and section 3.13 of the zoning:regulations to allow a used car dealers license, (which includes a general repairers license), at 701 Nutmeg Road North, I zone. The Board placed the following conditions on this application: 1. No more than six vehicles to be stored outside. 2. No vehicles are to be left outside that are under repair or in disrepair. 4 3. The license at 665 Nutmeg Road North shall be surrendered. 4. No activity shall be conducted on Sundays which involves running motors. Very truly yours, Thomas Berstene, Vice Chairperson STATE OF CONNECTICUT Zoning Board of Appeals 1 DEPARTMENT OF ' ENVIRONMENTAL PROTECTION 79 ELM STREET TB.dr j ' HARTFORD,CT 06 1 06-5 1 27 http://www.ct.gov/dep cc: Building Department ANDREW BVKowSKi - COMPLIANCE SPECIALIST BUREAU OF AIR MANAGEMENT TELEPHONE: 1860)424-3564 FAx:(860)424-41 79 COMPLAINTS:(860)424-3436 OZONE FORECAST:(860)424-4167 E-MAIL:endrew.bykowskI0po.state.ct.us PRINTED ON RECYCLED PAPER