April 2007 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 2007. 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 05, 2007 - OC&I/Freshwater Wetlands File No. C03-0292 re: 102 Properties, Ltd., Willis Properties, LLC and Norman P. Marsocci for property located approximately 2,500 feet northeast of Victory Highway (Route 102) and approximately 2,000 feet south of Robin Hollow Road (entrance opposite utility pole 37), approximately 3,000 feet north/northeast of the intersection of Victory Highway and Barnett Lane, Assessor's Plat 14, Lots 5, 7, and 1-3 and Assessor's Plat 13, Lots 15-10, 15-11 and 15-13 in the Town of West Greenwich. Plat 14, Lots 5 and 7 are owned by 102 Properties Ltd. Plat 13, Lots 15-10, 15-11, and 15-13 are owned by Willis Properties, LLC. Plat 14, Lot 1-3 is owned by Gary Malikowski. The OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. RIDEM issued a NOV to the prior owner of Plat 14, Lot 7 (A. Cardi Construction Inc.) on May 12, 1989 for unauthorized alterations of freshwater wetlands. The violations pertained to the filling, excavating, grading, and clearing within a Pond Complex consisting of three Ponds all greater than � acre in size; filling, excavating, grading, and clearing within 50 foot Perimeter Wetland associated with the Pond Complex; and clearing within a 100 foot Riverbank Wetland associated with a stream less than 10 feet wide. The activities resulted in the unauthorized alteration of approximately ½ acre of Pond Complex, 1 acre of Perimeter Wetland, and ¼ acre of Riverbank Wetland. The NOV was recorded in the land evidence records of the Town of West Greenwich. A. Cardi Construction Inc. did not comply with the NOV. On July 11, 1995 102 Properties Ltd. purchased Plat 14, Lot 7. In accordance with RI General Law § 2-1-24 any subsequent transferee of the wetland is responsible for complying with the requirements of the restoration order or notice. In April 1996 RIDEM met with Respondent 102 Properties Ltd. to discuss the restoration of the altered wetlands and in February 1997 RIDEM sent a proposed consent agreement to Respondent 102 Properties Ltd. to resolve the NOV. RIDEM did not receive a response to the proposed consent agreement. Follow up inspections performed by RIDEM in May 2003 (prior to a mediation session to try to resolve the NOV), April 2006, June 2006, and July 2006 revealed that additional freshwater wetland violations were present on the property. The violations pertained to the clearing, filling, excavating, and grading within, and elimination of, a Special Aquatic Site/Forested Wetland Complex; clearing, filling, grading within a Stream (< 10 feet wide), filling in a portion of the Stream channel, and diverting Stream flows to an alternate location; clearing, filling, and grading within two (2) 100 Foot Riverbank Wetlands; clearing, filling, and grading within a second portion of the Stream (< 10 feet wide) to construct a gravel road; clearing, filling, and grading within a Swamp to construct a gravel road; clearing, filling and grading within a 50 Foot Perimeter Wetland to construct a gravel road; clearing, filling, and grading within a 50 Foot Perimeter Wetland to create and maintain a soil stockpile area; clearing, filling, grading, and excavating within a 50 Foot Perimeter Wetland to create and maintain storm water basins; and clearing, filling, grading, and excavating within 50 Foot Perimeter Wetland. The activities resulted in the unauthorized alteration of approximately ½ acre of Special Aquatic Site/Forested Wetland Complex, 2,750 square feet of Stream, 2 acres of 100 Foot Riverbank Wetland, 7,500 square feet of Swamp, and 4 acres of Perimeter Wetland. Respondent Norman Marsocci admitted to the RIDEM inspector on April 6, 2006 that he was one of the parties responsible for the alterations. Respondents 102 Properties Ltd and Norman Marsocci failed to comply with the Order in the NOV recorded in the land evidence records. The Respondents did not receive an approval from RIDEM to alter any freshwater wetlands on the property. In the NOV the Respondents were ordered to restore all freshwater wetlands. OC&I assessed an administrative penalty of $8,600.00.



April 06, 2007 - OC&I/Air File No. 06 - 12 re: Caesar Vargas, d/b/a C&J Finishing for property located at 1 Magnolia Street in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The Respondent formerly operated an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene ("TCE") at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air pollution control regulations. An inspection of the facility by an inspector of the Office of Air Resources ("OAR") on 11 August 2005 revealed that the Respondent failed to comply with multiple sections of APC Regulation No. 36 pertaining to equipment, operation, control, recordkeeping and reporting requirements for Respondent's degreaser. On or about 31 August 2005, the OAR issued a Notice of Alleged Violations ("NOAV") to the Respondent. On 24 May 2006 the OAR inspected Respondent's facility again and determined that the original degreaser had been replaced; however, Respondent remained in noncompliance with multiple sections of APC Regulation No. 36. On 8 June 2006 the OAR issued another NOAV to the Respondent identifying all violations that were required to be corrected. On 17 November 2006, an inspection by the OAR revealed that the degreaser observed on 8 June 2006 was removed from service and was inoperable. In the NOV, the OC&I assessed a penalty in the amount of $17,500.00 for Respondent's past noncompliance.



April 09, 2007 - OC&I/Septic System File No. CI 06 - 56 re: Joseph and Jennie Lupino for property located at 330 Longmeadow Avenue, Assessor's Plat 355, Lot 195 in the City of Warwick. A 3-bedroom single family dwelling exists on the property and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). On April 6, 2006, an OC&I inspector conducted an inspection of the property and found that laundry waste was evident on the surface of the ground. The OC&I inspector prepared a Field Inspection Report and Required Action Summary Sheet (collectively, a field Notice of Intent to Enforce or NOI) and left a copy of the NOI at the property for the Respondents. The NOI required the Respondents to immediately cease the laundry discharge and submit a proposal to correct the violation. A follow up inspection performed by the OC&I on April 13, 2006 revealed laundry waste evident on the surface of the ground and a failed ISDS on the property. The OC&I inspector prepared another NOI and gave a copy to Respondent Jennie Lupino. The NOI required the Respondents to cease the laundry discharge, pump the ISDS to prevent overflows, retain a licensed designer to evaluate the ISDS to determine the cause of the failure, and repair the ISDS, if necessary. A follow up inspection performed by the OC&I on February 28, 2007 again revealed a failed ISDS. To date, the Respondents have failed to comply with the NOIs. In the NOV the Respondents were ordered to immediately and permanently cease the laundry discharge, pump the ISDS to prevent overflows, have the ISDS evaluated by a licensed designer to determine the cause of the failure and repair the ISDS, if necessary. OC&I assessed an administrative penalty of $1,200.00.



April 09, 2007 - OC&I/Freshwater Wetlands File No. 06 - 0125 re: Bradford Gorham for property located approximately 600 feet west of Gold Mine Road, utility pole 13 and approximately 0.5 miles north of the intersection of Gold Mine Road and Harrington Road, Assessor's Plat 4, Lot 66 (and a 30-foot easement from Lot 66 to Gold Mine Road) in the Town of Foster. The OC&I alleges that the Respondent is in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. On February 28, 2006 the Respondent submitted an application to Alter a Freshwater Wetland to RIDEM. The application included a report prepared by the consultant retained by the Respondent that stated that inspections of the property on April 7, 2004 and June 8, 2004 revealed that an existing gravel roadway was present that had caused unauthorized alterations to freshwater wetland on the property. As such, the Respondent was submitting an "after-the-fact" application to RIDEM for the unauthorized roadway. On July 12, 2006 an OC&I inspector performed an inspection of the property that confirmed the following unauthorized alterations: clearing, filling, and constructing a roadway within two (2) Perimeter Wetlands; clearing, filling and constructing a roadway within four (4) 100 Foot Riverbank Wetlands; and installing culverts in two (2) Streams. The activities resulted in the unauthorized alteration of approximately 2,000 square feet of Perimeter Wetland, 5,100 square feet of 100 Foot Riverbank Wetland, and 30 linear feet of Stream. A review of aerial photographs taken in April 2003 revealed that the existing gravel roadway was not present and the property was forested and undisturbed. The Respondent did not receive an approval from RIDEM to alter freshwater wetlands on the property. In the NOV the Respondent was ordered to restore all freshwater wetlands. OC&I assessed an administrative penalty of $3,700.00.



April 11, 2007 - OC&I/Solid Waste File No. 07-002 re: Shoreline Gravel Company for property located at 60A Narrow Lane, Assessor's Plat 23, Lot 28-1 in the Town of Charlestown. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act. The violation pertains to Respondent's disposal of approximately 549 cubic yards of construction and demolition ("C&D") debris on the property. The C&D debris disposed on the property resulted from demolition of five houses formerly located on Carolina Back Road in Charlestown. The Respondent was obligated to dispose of the solid waste at a licensed solid waste management facility. Following inspection of the property on 12 December 2006 by representatives of RIDEM's Office of Criminal Investigation and the OC&I, the Respondent removed the solid waste and disposed of the waste at a licensed solid waste management facility. In the NOV, the OC&I assessed a penalty in the amount of $6,250.00 for Respondent's noncompliance.



April 13, 2007 - OC&I/UST File No. 07 - 03254 re: Rizk Properties, LLC and Riverside Petroleum, Inc. for property located at 2851 Pawtucket Avenue, Assessor's Map 308, Block 25, and Parcel 10 in the City of East Providence. An underground storage tank facility is located on the property. Two 10,000-gallon gasoline USTs and one 8,000-gallon gasoline UST are located on the property. Respondent Rizk Properties, LLC is the owner of the property. Respondent Riverside Petroleum, Inc. is the operator of the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondents' failure to: submit a transfer of certificate of registration for the facility; inspect the impressed current cathodic protection system for the USTs to ensure proper operation; perform required 0.2-gallon per hour leak tests at least once per month; compile inventory control records; and perform monthly testing of the continuous monitoring system to ensure effective operation. On 17 October 2006 the OC&I issued a Letter of Noncompliance ("LNC") to the Respondents informing them of the noncompliance and requiring the Respondents to return to compliance within 60 days. A follow up letter was issued to the Respondents on 20 December 2006 informing the Respondents that they remained in noncompliance. As of the issuance of the NOV, the Respondents had not achieved compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondents to achieve compliance and assessed a penalty in the amount of $6,000.00.



April 20, 2007 - OC&I/Solid Waste File No. 07 - 001 re: The Town of New Shoreham for property located at West Beach Road, Assessor's Plat 2, Lot 39 in the Town of New Shoreham. The Town operates a Transfer Station licensed by the RIDEM on AP 2, lot 40. The property and the transfer station are owned by the Town. The OC&I alleges that the Respondent is in violation of its License approval from RIDEM and Solid Waste Regulation No. 1.7.13 pertaining to Respondent's operating and engineering plans for the transfer station. The violations pertain to Respondent's stockpiling of approximately 140 cubic yards of brush on Lot 39 which is beyond the license approval issued to the Town for the transfer station on Lot 40. In addition, the OC&I alleges that the Respondent failed to chip all brush in compliance with its operating plan that required all brush to be chipped within 120 days. On 23 August 2006 RIDEM's Office of Waste Management ("OWM") issued a Letter of Noncompliance ("LNC") to the Respondent informing the Respondent of the violations and requiring a plan of correction. On 24 October 2006 the OWM issued a Notice of Intent to Enforce ("NOIE") to the Respondent once again requiring a plan of correction to resolve the violation. As of the issuance of the NOV, the Respondent had not complied with the LNC or the NOIE, did not chip the waste as required and did not remove the waste from lot 39 to lot 40 which is covered under Respondent's license. In the NOV, the OC&I ordered the Respondent to achieve compliance with Respondent's license and its operating and engineering plan. A penalty in the amount of $6,250.00 was assessed.

Formal Enforcement Cases Settled or Resolved:

April 02, 2007 - OC&I/Site Remediation and Oil Pollution Control File No. 06 - 029 re: Scituate Excavating, Inc. and 295 Industrial Park, LLC for property located at 0 Amflex Drive, Assessor's Plat 36/4, Lot 113 in the City of Cranston. Respondent 295 Industrial Park, LLC ("295 Industrial Park") is the owner of the property. Respondent Scituate Excavating, Inc. ("Scituate") is a "performing party" for site remediation purposes and was hired by a third party to remove contaminated soil from an offsite location and to transport the contaminated soil to the Central Landfill located in the Town of Johnston. On February 14, 2007 the OC&I issued an NOV to the Respondents alleging that Respondents violated Rhode Island's Refuse Disposal Act, RIDEM's Site Remediation Regulations and RIDEM's Oil Pollution Control Regulations. The violations pertained to Respondents' disposal and receipt of contaminated soil on the subject property. The OC&I alleges that on or about January 2, 2006, and based on records obtained and evaluated by the OC&I, Scituate was supposed to have delivered six truck loads or approximately 159.63 tons of contaminated soil to the Central Landfill for disposal. The OC&I was informed that the contaminated soil was not delivered to the Central Landfill on that date and records show that the Central Landfill was closed. In a complaint filed with the OC&I it was alleged that Scituate disposed of the six truck loads of contaminated soil at the Amflex Drive property. On or about January 4, 2006, Scituate delivered approximately 151.93 tons of contaminated soil to the Central Landfill facility for disposal. The OC&I conducted an investigation of the Amflex Drive property and found through measurements and sampling that approximately 6,726 square feet of area on the Amflex Drive property contained soil contaminated with total petroleum hydrocarbons and lead. The contamination was consistent with the material that Scituate was hauling from offsite to the Central Landfill. Based on records obtained and evaluated, approximately 8 tons of contaminated soil remains on the property owned by 295 Industrial Park. In the NOV, the OC&I ordered the Respondents to remove all contaminated soil and properly dispose of the contaminated soil at a facility licensed to take the contaminated soil. A penalty in the amount of $17,592.00 was assessed 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 Respondents documented compliance with the order section of the NOV to the satisfaction of the OC&I and agreed to pay a penalty in the amount of $12,592.00. The penalty was paid upon execution of the Consent Agreement.



April 10, 2007 - OC&I/Septic System File No. CI 96-193 re: A. B. Management Company for property located at 53 and 55 Winnapaug Road, Assessor's Plat 165, Lots 243/3, 243/4, 243/5, 243/6, 243/7 and 244 in the Town of Westerly. The Property includes a motel identified as the Beach Plum Inn located on Lot 244 and a five unit condominium complex located on adjacent lots 243/3 through 243/7 all owned by A.B. Management Company. On November 29, 2006 OC&I issued an NOV to the Respondent alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violations pertained to the overflow of sewage to the surface of the ground from the individual sewage disposal system (ISDS) for the Beach Plum Inn and the change of the use of a building from a motel to condominiums without having submitted a System Suitability Determination ("SSD") application to RIDEM to determine whether the ISDS was adequate for the use as condominiums. In the NOV the Respondent was ordered to take the following actions concerning the ISDS for the Beach Plum Inn: reduce the discharge of sewage to the ISDS; pump the ISDS as needed to prevent the overflow of sewage, retain a licensed designer to evaluate the ISDS, and repair the ISDS, if necessary. In the NOV the Respondent was also ordered to submit an SSD Application to RIDEM to determine whether the ISDS is adequate for the current use and upgrade the ISDS if necessary. OC&I assessed an administrative penalty of $3,200.00. The Respondent filed an appeal of the NOV with the AAD. The Respondent discontinued all use of the failed ISDS for the Beach Plum Inn and submitted applications to RIDEM to replace the failed ISDS for the Beach Plum Inn and the ISDS for the condominium complex. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to have the failed ISDS for the Beach Plum Inn pumped by a licensed septage hauler and filled with clean fill, agreed to replace the ISDS for the condominium complex, and agreed to pay the $3,200.00 penalty in full. The Respondent paid the penalty upon execution of the Consent Agreement.



April 16, 2007 - OC&I/Septic System File No. CI 02-69 re: Equivest, LLC for property located at 338 Post Road, Assessor's Plat 293, Lot 183 in the City of Warwick. A 2-bedroom single family dwelling exists on the property and is owned by the Respondent. On January 5, 2007 the OC&I issued an NOV to the Respondent alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violations pertained to the overflow of sewage to the ground surface from the individual sewage disposal system (ISDS) for the dwelling. In the NOV OC&I ordered the Respondent to have the ISDS evaluated by a licensed designer to determine the cause of the failure and repair the ISDS, if necessary. Since the Respondent did not cause the violation (the violation was identified by OC&I when it was owned by a prior owner), no penalty was assessed. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent repaired the ISDS as ordered in the NOV.



April 16, 2007 - OC&I/Septic System File No. CI94-360 re: June St. Peter for property located at 17/19 Adams Street, Assessor's Plat 293, Lot 705 in the City of Warwick. The property includes a multi-family (2-unit) dwelling. On October 28, 2003 the OC&I issued an NOV to the Respondent alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violations pertained to the overflow of sewage to the ground surface from the individual sewage disposal system (ISDS) for the dwelling. In the NOV the OC&I ordered the Respondent to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system was repaired, immediately take steps to reduce the discharge of sewage to the system, and connect to the public sewerage system. The OC&I assessed a penalty in the amount of $2,000.00. The Respondent failed to file an appeal of the NOV with the AAD. The Respondent connected the plumbing for the dwelling to the public sewerage system in May 2005; however, the Respondent failed to pay the $2,000.00 penalty. As part of the refinancing of the property, the $2,000.00 penalty was paid to the RIDEM and the enforcement case was closed.



April 24, 2007 - OC&I/Freshwater Wetlands File No. C99-0516 re: Wawaloam Reservation, Inc., James J. Smith, and Maureen R. Smith for property located at the Wawaloam Campground, approximately 1,300 feet west of Gardiner Road, southwest of house number 510, approximately 1,500 feet northwest of the intersection of Gardiner Road and Pine Ridge Drive, Assessor's Plat 1-E, Lots 9, 10-5, 17, and 19-22 in the Town of Richmond. On November 21, 2003 the OC&I issued an NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations caused by Respondents pertained to clearing, excavating, road construction, installation of campers/campsites, and filling within multiple areas of freshwater wetlands on the property. These activities resulted in unauthorized alterations of approximately 8 acres of Swamp, Streams, Forested Wetland, and a Pond and 3 acres of Perimeter Wetland and Riverbank Wetland associated with the Swamp, Streams, Forested Wetland, and Pond. In the NOV the Respondents were ordered to cease further alterations to freshwater wetlands and restore the freshwater wetlands. OC&I assessed a penalty in the amount of $11,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the altered wetlands in accordance with a wetland restoration plan approved by the OC&I on April 19, 2007 and agree to pay a reduced penalty of $7,000.00. The Respondents paid the penalty upon execution of the Consent Agreement.



April 27, 2007 - OC&I/AIR File No. 06 - 01 re: Kenyon Industries, Inc. located at 36 Sherman Avenue in the Town of Charlestown. Respondent's facility at this location is considered a major stationary source of air pollutants subject to federal and Rhode Island Air Pollution Control ("APC") Regulations. The Respondent is subject to an Operating Permit issued by RIDEM's Office of Air Resources ("OAR"). On February 8, 2007 the OC&I issued a NOV to the Respondent alleging that the Respondent violated APC Regulation No. 9 entitled "Air Pollution Control Permits" and the conditions of their operating permit when they: failed to conduct testing of equipment for controlling emissions from fabric coating within 180 days of the coating line becoming operational at the facility; failed to achieve 98% destruction efficiency for volatile organic compounds during operation of Respondent's thermal oxidizer when the coating line was operational; and failed to shut down three coating lines while their thermal oxidizer was not achieving 98% destruction efficiency. Upon information and belief, the Respondent is now in compliance with their operating permit. The OC&I assessed a penalty in the amount of $14,000.00 for the past noncompliance. 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 agreed to pay a penalty in the amount of $9,500.00 in settlement of the NOV. The penalty was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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