April 2006 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of April 2006. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

April 04, 2006 - OC&I/UST File No. 05-01263A re: Brookfield Hills Service Center, Inc., Brookfield Service, Inc., Paul and Adelaide Silva for property located at 929 Providence Street, Assessor's Plat 39, Lot 213 in the Town of West Warwick. On December 28, 2005 the OC&I issued multiple NOVs to Underground Storage Tank ("UST") facility owners/operators for alleged violations of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. As of the issuance of the NOVs, the UST facilities noted had not complied with the ERP requirements. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00 to those owners and operators that had not complied up until the issuance of the NOV. Respondents in this matter were cited with a NOV; however, a mistake was made on the location of the facility. Legal counsel for the Respondents contacted the OC&I and on April 4, 2006 the OC&I issued an amended NOV to the Respondents to correct the previous NOV.

April 07, 2006 - OC&I/UST File No. 06 - 01622 re: K Brothers, LLC, CCO, LLC, Yasim Mohammad and Service Station Equipment, Inc. for property located at 885 Post Road, Assessor's Plat 295, Lot 405 in the City of Warwick. The Respondents own or operate three gasoline USTs on the property that are 10,000-gallons, 8,000-gallons and 6,000-gallons in size. The OC&I alleges that on or about 29 April 2005, the RIDEM received a request to make certain modifications to the USTs. By letter dated 5 May 2005, RIDEM granted approval to conduct the modifications; however, RIDEM specifically noted that any modification of the product piping associated with the USTs would require separate prior written notification and approval from the Director. Despite this notification, RIDEM received information that the product piping for the USTs had been replaced in or about July 2005 during the completion of the facility modification work set forth in the 29 April 2005 scope of work submitted to the RIDEM. The Respondents have cooperated with the RIDEM UST permitting section since the discovery of the alleged violation and have submitted all documentation and test results required for the piping replacement project. In the NOV, the OC&I assessed a penalty in the amount of $3,000.00 for Respondents' noncompliance.

April 07, 2005 - OC&I/Medical Waste File No. 05 - 017 re: Stericycle, Inc. The Respondent is registered with the Rhode Island Secretary of State's Office as a corporation for the purpose of waste disposal services. The Respondent is a transporter of medical waste in the State of Rhode Island, is subject to Rhode Island General Laws Section 23-19.12-1 et seq. entitled "Generation-Transportation-Storage-Treatment-Management and Disposal of Regulated Medical Waste" and is subject to RIDEM's "Rules and Regulations Governing the Generation, Transportation, Storage and Treatment and Disposal of Regulated Medical Waste in Rhode Island" ("the Medical Waste Rules"). The Respondent has a medical waste transporters permit issued by RIDEM. The RIDEM conducted random truck inspections on June 7, 2005 and inspected one of Respondent's tractor-trailer vehicles transporting regulated medical waste. The OC&I alleges that the Respondent's vehicle was not properly permitted, did not have all protective equipment specified in the Medical Waste Rules, was lacking a biohazard sign and therefore was not properly marked as required. In the NOV, the OC&I ordered the Respondent to comply with the applicable sections of the Medical Waste Rules cited in the NOV and assessed a penalty in the amount of $5,750.00.

April 19, 2006 - OC&I/Solid Waste File No. 05 - 019 re: National Wrecking Co., Inc. for property located at 130 Grotto Avenue, Assessor's Plat 51B, Lots 426 and 427 in the City of Pawtucket. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act. The violations pertain to disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license from the RIDEM. On 30 September 2003 an inspection of the property in response to a complaint revealed solid waste deposited on the property consisting of construction and demolition debris, scrap metal, abandoned equipment, unregistered vehicles and other mixed solid waste. Observations revealed that the material was being handled in a manner constituting disposal. On 2 December 2003 the OC&I issued a Letter of Noncompliance ("LNC") to the Respondent. The LNC required all solid waste to be removed and properly disposed within 60 days. On 3 February 2004, OC&I re-inspected the property with a representative of the Respondent and Respondent's attorney. At the time of the inspection, the OC&I observed at least 3,500 cubic yards of waste on the property. On 31 March 2004, the OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent and once again required the Respondent to remove all waste within 60 days. On 21 November 2005, representatives of the OC&I conducted an inspection of the property. The inspection revealed at least 10,000 cubic yards of solid waste on the property consisting of construction and demolition debris, scrap metal handled and discarded in a manner constituting disposal, unregistered automobiles and an unusable truck. In the NOV, the OC&I ordered the Respondent to cease accepting and disposing of solid waste at the property, cease the operation of an unlicensed solid waste management facility, begin the removal of all solid waste from the property to be disposed of at a licensed solid waste management facility and complete the removal within 180 days. A penalty of $57,987.00 was assessed in the NOV.

April 17, 2006 - OC&I/UST File No. 06 - 00317 re: Magic Realty, LLC and Dib Tannous for property located at 1885 Mineral Spring Avenue, Assessor's Plat 21A, Lot 853 in the Town of North Providence. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. Respondent Magic Realty LLC is the owner of the property. Respondent Dib Tannous is the operator of three gasoline USTs that are located on the property. Two of the USTs are 10,000-gallons and one is 6,000-gallons in size. One of the violations pertains to Respondents' failure to submit completed compliance certification forms for the facility on or before 31 August 2005 consistent with a NOI and RIDEM's UST ERP requirements. The Respondents submitted the required forms on or about 11 October 2005. Respondents' forms identified ten areas of noncompliance with RIDEM's UST Regulations and identified fourteen specific actions needed to return the facility to compliance. According to Respondents' return to compliance forms, compliance with the UST Regulations was to have been completed no later 22 August 2005. On 8 December 2005, a representative of the OC&I performed a compliance inspection at the facility. The inspection revealed several alleged violations including Respondents' failure to complete a transfer of certificate of registration form to the RIDEM, failure to maintain the impressed current cathodic protection system for the USTs, failure to perform an operational survey of the impressed current cathodic protection system during the years 2001 and 2003, failure to inspect the impressed current cathodic protection system to ensure proper operation at least once every 60 days from April 2002 through December 2005, failure to perform tightness testing of the USTs during the years 2001 and 2003, failure to test the line leak detectors for the USTs during the years 2001, 2002 and 2003, failure to test the shear valves to ensure proper operation at least once per year during the years 2002, 2003 and 2004, failure to maintain and check the alarm status of the continuous monitoring system ("CMS") and to investigate the alarm status reporting problems with the CMS and facility operation, failure to perform monthly testing of the CMS from December 2002 through December 2005 and annual testing of the CMS for the years 2001 through 2004 and failure to maintain spill containment basins at the facility. The OC&I found that the Respondents failed to bring the facility into compliance by properly completing the required actions as stated in the compliance certification forms submitted by Respondents in response to the UST ERP. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $28,082.00.

Formal Enforcement Cases Settled or Resolved:

April 06, 2006 - OC&I/UST File No. 05 - 00291 re: L.F. Associates, LLC and Star Petro, Inc. for property located at 173 Danielson Pike, Assessor's Plat 10, Lot 32 in the Town of Foster. On December 28, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to submit compliance certification and return to compliance forms as required by the UST ERP section (Rule 8.03) of the UST Regulations. The forms were to be submitted no later than June 30, 2005. The RIDEM issued a Notice of Intent to Enforce to UST owners/operators that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents complied with the order portion of the NOV and agreed upon a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.

April 18, 2006 - OC&I/Septic System File No. CI97 - 244 and OC&I/Water Pollution File No. WP06-01 re: Stephen Padula, Padula Properties, Inc., and Padula Builders, Inc. for property located at 27 and 29 Pilgrim Avenue, Assessor's Plat 55, Lot 137 in the Town of Coventry. The Property includes a multi-unit apartment building with attached two-bedroom townhouse, and a two-bedroom dwelling. On January 6, 2006 OC&I issued an NOV alleging that the Respondents violated the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations) and the RIDEM Water Quality Regulations. The violation pertained to the discharge of sewage from the cesspools at the Property to the ground surface and into the Pawtuxet River. In the NOV the Respondents were ordered to immediately cease any further discharge of sewage, pump the cesspools by using a licensed septage hauler as often as necessary to prevent the discharge of sewage to the ground surface, and repair the cesspools. OC&I assessed a penalty in the amount of $7,600.00. The Respondents filed an appeal of the NOV with AAD. Prior to a hearing, the Respondents repaired the failed cesspools by constructing a new septic system, which was conformed by RIDEM on January 23, 2006. The Respondents and OC&I entered a Consent Agreement to resolve the administrative penalty whereby the Respondents agreed to pay $4,500.00. The penalty was paid upon execution of the Consent Agreement.

April 20, 2006 - OC&I/UST File No. 05-01931 re: Automotive Recovery Services, Inc. and Whitco/Ameritest Corporation for property located at 150 and 160 Amaral Street, Assessor's Map 508, Block 1, Parcels 5 and 6, in the City of East Providence. On June 30, 2005 the OC&I issued a NOV alleging that the Respondents were in violation of RIDEM's UST Regulations. Respondent Automotive Recovery Services, Inc. is the owner/operator of a 12,000-gallon diesel fuel UST at the property. The violations pertained to this Respondent's failure to test the sacrificial anode cathodic protection for the product piping line to the UST, failure to maintain inventory control records from April 2002 to April 2005, failure to perform tightness testing of the product piping line for the UST in 2001 and 2002, failure to perform monthly testing of the former automatic tank gauging system ("ATG") and the current continuous leak monitoring system ("CMS") from April 2002 through April 2005, failure to provide annual certification/testing of the ATG in 2001 and 2002 and failure to obtain prior approval of the RIDEM before installing new double-walled flexible plastic product piping to the UST. On or about February 2004, Respondent Whitco/Ameritest Corp. ("WAC") installed the new piping on behalf of Respondent Automotive Recovery Services, Inc. without prior notification to and approval of RIDEM. In addition, Respondent WAC also installed a new CMS, a new spill containment basin, a new overfill protection alarm and a new concrete tank pad, all without RIDEM approval. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $12,685.00. Respondent Automotive Recovery Services, Inc. filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent Automotive Recovery Services, Inc. and the OC&I executed a Consent Agreement to resolve the violations and penalty alleged against this Respondent. Respondent Automotive Recovery Services, Inc. provided documentation that shows compliance with the order portion of the NOV. This Respondent further agreed to pay a penalty in the amount of $5,034.00. The penalty was paid upon execution of the Consent Agreement.

April 20, 2006 - OC&I/UST File No. 05 - 00577 re: S.G.A., Inc. and Three Chicks Realty, LLC for property located at 400 Main Road, Assessor's Map 2-12, Block 169, Lot 58 in the Town of Tiverton. On December 28, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to submit compliance certification and return to compliance forms as required by the UST ERP section (Rule 8.03) of the UST Regulations. The forms were to be submitted no later than June 30, 2005. The RIDEM issued a Notice of Intent to Enforce to UST owners/operators that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the OC&I alleged that the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show the OC&I that they had already complied with the order portion of the NOV prior to its issuance and that the compliance certification forms had already been submitted to RIDEM's UST Section in November 2005. The OC&I agreed to reduce the penalty to the amount of $1,000.00 for late filing. The penalty was paid upon execution of the Consent Agreement.

April 20, 2006 - OC&I/UST File No. 05 - 03067 re: The R. J. Carbone Co. for property located at One Goddard Drive, Assessor's Plat 13, Lot 69 in the City of Cranston. On September 20, 2005 the OC&I issued an NOV to the Respondent alleging that the Respondent was in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondent is the owner/operator of 2 USTs at the property consisting of a 5,000-gallon gasoline UST and a 5,000-gallon diesel UST. On May 20, 2004, the OC&I conducted a compliance monitoring inspection of the facility and found that the Respondent was in noncompliance with the UST Regulations. The violations pertained to Respondent's failure to procure the services of a qualified cathodic protection tester to perform testing of the sacrificial anode cathodic protection systems for its USTs during the years 1996 and 2002, failure to maintain inventory control records for its USTs from March 2002 through March 2005, failure to perform tightness testing of the product piping lines for the USTs during each of the years 1995, 1998, 2001, 2003 and 2004, failure to perform monthly testing of its continuous monitoring system ("CMS") and automatic tank gauging system ("ATG") from March 2002 through March 2005, failure to procure the services of a qualified person to perform annual testing of the CMS during the years 1995 through 2004, and failure to maintain the spill containment basins free of solid debris. In the NOV, the Respondent was ordered to achieve compliance with the UST Regulations. A penalty in the amount of $18,174.00 was assessed against the Respondent for the alleged violations. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent submitted documentation showing compliance with the order portion of the NOV. The Respondent and the OC&I agreed upon a penalty of $13,816.00 for settlement purposes. The penalty was paid upon execution of the Consent Agreement.

April 21, 2006 - OC&I/UST File No. 05 - 03681 re: Rubicon-NGP Providence RI, LLC and CB Richard Ellis - N.E. Partners, L.P. for property located at 380 Westminster Street, Assessor's Plat 24, Lot 406 in the City of Providence. On December 28, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to submit compliance certification and return to compliance forms as required by the UST ERP section (Rule 8.03) of the UST Regulations. The forms were to be submitted no later than June 30, 2005. The RIDEM issued a Notice of Intent to Enforce to UST owners/operators that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. The OC&I alleged that the Respondents had not complied with the deadline to file their ERP certification forms. The forms were submitted past the allowable deadline. In the NOV, the OC&I assessed a penalty in the amount of $1,500.00 for Respondents' noncompliance. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The OC&I agreed to reduce the penalty to the amount of $1,000.00 for late filing. The penalty was paid upon execution of the Consent Agreement.

April 21, 2006 - OC&I/UST File No. 05 - 01477; 01634; 01635; 01638 and 02125 re: RR Rondeau, Inc. and Fairlawn Oil Service, Inc. for properties located at 1051 Lonsdale Avenue, Assessor's Plat 7, Lot 43 in the City of Central Falls; 1030 Social Street, Assessor's Plat 21 B, Lot 67 in the City of Woonsocket; 935 Smithfield Avenue, Assessor's Plat 6, Lots 213 and 214 in the Town of Lincoln; 168 Lonsdale Avenue, Assessor's Plat 52, Lot 866 in the City of Pawtucket and 356 West Main Road, Assessor's Plat 108, NW, Lot 73 in the Town of Middletown. On December 28, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to submit compliance certification and return to compliance forms as required by the UST ERP section (Rule 8.03) of the UST Regulations. The forms were to be submitted no later than June 30, 2005. The RIDEM issued a Notice of Intent to Enforce to UST owners/operators that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. The OC&I alleged that the Respondents had not complied with the deadline to file their ERP certification forms. The forms were submitted past the allowable deadline. In the NOV, the OC&I assessed a penalty in the amount of $7,500.00 for Respondents' noncompliance ($1,500.00 for each UST facility). The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents provided documentation to the OC&I that they were only one day late in filing their required certification forms. In addition, they were able to show that they had hired a consultant to complete the certification forms for all of the facilities but that the consultant could not complete the forms in time to meet filing on the prior day. The OC&I agreed to reduce the penalty to the amount of $1,250.00 for late filing. The penalty was paid upon execution of the Consent Agreement.

April 21, 2006 - OC&I/Freshwater Wetlands File No. C03-0288 re: Manuel and Barbara Simas for property located approximately 800 feet south of Snake Hill Road, approximately 1,600 feet southeast of the intersection of Snake Hill Road and Stone Dam Road, Assessor's Plat 12, Lot 92, in the Town of Glocester. Manuel and Barbara Simas own the property. On September 6, 2005 the OC&I issued a NOV alleging that the Respondents were in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing, grading and creating soil disturbance within a 50 foot Perimeter Wetland. The activities resulted in the unauthorized alteration of approximately 30,000 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on December 24, 2003 requiring restoration of the altered wetlands on the property. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to restore the altered area by installing trees and shrubs and then allowing the area to remain unaltered. Restoration is to be completed no later than May 31, 2006. The Respondents agreed to pay a penalty in the amount of $800.00. The OC&I allowed the Respondents to pay $100.00 upon execution of the Consent Agreement and the remaining penalty to be paid in equal and consecutive monthly installments of $100.00 until the penalty is paid in full.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

April 17, 2006 - Superior Court Case No. C.A. No. 05-6034 re: W. Michael Sullivan, Director, RIDEM and Patrick Lynch in his capacity as Attorney General of the State of Rhode Island (Plaintiffs) vs. Quidnick Reservoir Company (Quidnick) and John Doe (Defendants) for property located westerly of the intersection of Phillips Hill Road and Hill Farm Road, Assessor's Plat 318, Lot 204-4 in the Town of Coventry. The property includes Coventry Reservoir, a dam and spillway (State Dam No. 176 a/k/a Coventry Reservoir Dam). On April 4, 2005 RIDEM issued a Notice of Intent to Enforce (NOIE) to Defendant Quidnick. The NOIE detailed that significant erosion to the embankment adjacent to the spillway of the dam had caused an unsafe condition to the dam. The NOIE required Defendant Quidnick to immediately lower and maintain the water level behind the dam eighteen inches below the spillway crest and to submit a report and schedule prepared by a registered professional engineer with experience in dams to return the dam to a safe condition. The NOIE explained that the Coventry Reservoir Dam is unsafe and there is reasonable cause to believe that danger to life and property may result from the unsafe condition of the dam. As of the date of filing the verified complaint in Superior Court, Defendant Quidnick had not complied with the requirements of the NOIE. In Plaintiffs' Verified Complaint and Request for Injunctive Relief filed on or about November 21, 2005, Plaintiffs requested that the Superior Court grant preliminary injunction and permanent injunction ordering Defendant Quidnick to comply with the requirements set forth in the NOIE within specific time frames. Defendant Quidnick disputed the allegations in the verified complaint. In lieu of a judicial hearing on the matter, the Plaintiffs and Defendant Quidnick executed a Consent Order. Defendant Quidnick agreed to make a contribution of $22,500 towards repair work specifically described in a construction proposal submitted by R. P. Inannuccillo & Sons Construction Company (Inannuccillo) to RIDEM to correct the unsafe condition of the dam. A Memorandum of Understanding was executed between RIDEM, Defendant Quidnick, and Inannuccillo whereby Defendant Quidnick deposited the $22,500 into an escrow account that will be paid to Inannuccillo upon completion of the repair work. RIDEM will oversee the construction of the repairs and advise the escrow agent when the work has been completed.