April 2010 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 2010. 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 1, 2010 - Hazardous Waste File No. 2009-78 HW re: Safety-Kleen Systems, Inc. for its facility located at 167 Mill Street in the city of Cranston. The facility is used for the treatment and storage of hazardous waste. RIDEM issued a permit to operate the facility on December 12, 2006 (the Permit). The Permit requires the Respondent to: properly operate and maintain the facility at all times; maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility's operation during an emergency; properly label all containers; and maintain accurate records of on-site treatment and storage of waste. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations), the Code of Federal Regulations, and the Permit. The violations pertain to Respondent's failure to: label the side of all containers holding 110 gallons or less of hazardous waste; maintain adequate aisle space to allow for the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment; and maintain an operating record that includes a description of the quantity of all waste received by the facility and the method and dates of its treatment, storage or disposal. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Permit and assessed a penalty in the amount of $15,000.00.



April 1, 2010 - Air File No. 10-05 re: C&C Fiberglass Components, Inc. for a facility located at 75 Ballou Boulevard in the town of Bristol. RIDEM issued a permit to the Respondent on May 30, 2006 to emit air pollutants from its facility (the Permit). The Permit has the following conditions: polyester resin and vinyl ester resin shall not have a volatile organic content (VOC) greater than 45 percent by weight; gel coats shall not have a VOC content greater than 40 percent by weight; gel coats shall not have a methyl methacrylate (MMA) content greater than 5 percent by weight; atomizing spraying equipment used to apply gel coats or resins shall be high volume, low pressure (HVLP) spray guns; and a record of the VOC content in weight percent and total weight per gallon must be maintained for each gel coat and resin. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits" and the Permit. The violations pertain to: use of a polyester resin with a VOC content of 48.2 percent by weight in 2008; use of a vinyl ester resin with a VOC content of 48.7 percent by weight in 2006; use of gel coats with a VOC content that ranged from 41.0 - 43.6 percent by weight from 2006 through 2008; use of gel coats with an MMA content ranging from 6.5 - 9.3 percent by weight from 2006 through 2009; use of atomizing spraying equipment that was not HVLP; and failing to record the total weight percentage of each gel coat and resin. In the NOV, OC&I ordered the Respondent to discontinue immediately any use of polyester and vinyl ester resins and gel coats that exceed the applicable VOC emissions limitations, any gel coats that exceed the applicable MMA emissions limitations and any atomizing spray guns unless they are HVLP. OC&I assessed an administrative penalty of $16,500.00.



April 9, 2010 - Multi Media (Freshwater Wetlands/Solid Waste) File No. FW C07-0266 and SW 09-04 re: William and Cynthia Overdeep for property located at 1621 Old Smithfield Road in the town of North Smithfield. OC&I alleges that the Respondents are in violation of the Rhode Island Freshwater Wetlands Act, RIDEM's Freshwater Wetlands Regulations, the Rhode Island Refuse Disposal Act, and RIDEM's Solid Waste Regulations. The freshwater wetland violations pertain to filling (in the form of at least soil material and miscellaneous debris) within portions of a Stream and 100 foot Riverbank Wetland. The alleged violation has resulted in the unauthorized alteration of approximately 50 linear feet of Stream and 24,000 square feet of Riverbank Wetland. The solid waste violations pertain to the unauthorized disposal of approximately 382.5 cubic yards of solid waste (consisting of construction and demolition (C&D) debris, scrap metal, white goods, furniture, cardboard, an abandoned automobile, paint cans, an empty steel tank, plastic, and leaf and yard waste), and the unauthorized operation of a C&D debris processing facility (the Respondents had a small excavator that was being used to crush furniture and C&D debris). The Respondents were issued a Notice of Violation in February 2008 (the 2008 NOV) for the unauthorized solid waste violations cited above; however, the Respondents failed to comply with the 2008 NOV. In this NOV, OC&I ordered the Respondents to cease disposal of solid waste and cease operation of a solid waste management facility or C&D facility, remove and properly dispose all solid waste from the property and all foreign soil material from the freshwater wetlands, and reseed the Riverbank Wetland with a wildlife conservation grass seed mixture. OC&I assessed an administrative penalty of $17,800.00.



April 28, 2010 - Underground Storage Tank File No. 2010-01514 re: P.C. Mart, Inc., Roupen Terzian, and Sarkis Terzian for property located at 408 (a/k/a 396) Douglas Avenue in the city of Providence. The property includes a convenience store and gasoline service station and a dual-compartment underground storage tank (UST) used for storage of petroleum products (the facility). Roupen and Sarkis Terzian are the owners of the property. P.C. Mart, 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 (UST Regulations). The violations pertain to the failure to: provide corrosion protection of all unprotected steel tanks and metallic piping; compile and maintain inventory control records; perform annual testing of shear valves; maintain and repair the leak monitoring devices; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; keep the spill containment basins and tank top sump clean and dry; and label or otherwise permanently mark the UST fill ports to identify the substances stored in the tank. The violations were first observed during an inspection by the DEM on March 31, 2006. DEM issued a noncompliance letter on April 12, 2006 requiring action to correct the violations. A subsequent inspection by DEM on November 30, 2009 documented continuing violations. DEM issued a second noncompliance letter on December 1, 2009. A subsequent inspection on January 28, 2010 documented continuing violations. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $16,942.00.



April 2010 Septic System Notices of Violation issued by the OC&I:



The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems or RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertain to the overflow of sewage from the sewage disposal system located on each property to the surface of the ground. In each case, OC&I issued a Notice of Intent to Enforce ("NIE") to the Respondent(s). The NIE required the Respondent(s) to take specific corrective actions to resolve the violation. In each case, the Respondent(s) failed to comply with the requirements of the NIE. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system.



OC&I assessed the following administrative penalties against each named Respondent: Bryan Gartner ($1,800.00); Anthony Valletta and Maryann Rainnone ($600.00); Gary and Florence King ($2,600.00); and Marcel Daquay ($2,200.00).



April 14, 2010 - Septic System File CI00-210 re: Bryan Gartner for property located at 83 East Shore Drive, Assessor's Plat 31, Lot 124 in the town of Coventry. The property includes a dwelling that is owned by the Respondent.



April 14, 2010 - Septic System File CI06-26 re: Anthony Valletta and Maryann Rainnone for property located at 2 Anne Road, Assessor's Plat OA, Lot 8 in the town of Glocester. The property includes a dwelling that is owned by the Respondents.



April 27, 2010 - Septic System File No. CI08-76 re: Gary and Florence King for property located at 2131 Elmwood Avenue, Assessor's Plat 296, Lot 468 in the city of Warwick. The property includes a dwelling that is owned by the Respondents.



April 27, 2010 - Septic System File CI09-64 re: Marcel Daquay for property located at 24 Hargraves Drive, Assessor's Plat 36, Lot 22 in the town of Portsmouth. The property includes a dwelling that is owned by the Respondent.

Formal Enforcement Cases Settled or Resolved:

April 14, 2010 - Septic System File No. CI 06-0084 re: David Zeramby for property located at 155 Brookside Drive, Assessor's Plat 149, Lot 230 in the town of North Kingstown. The property includes a three-bedroom single family dwelling and is owned by the Respondent. On November 23, 2007, OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage from the individual sewage disposal system (ISDS) to the surface of the ground. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS. OC&I assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent repaired the septic system, which was recorded as being conformed by RIDEM on May 14, 2009. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay $400.00 in two installments of $200.00. The first installment was paid upon execution of the Agreement. The remaining installment is due by June 1, 2010.



April 14, 2010 - Freshwater Wetland File No. A-1731 re: Ronald Acciardo et ux for property located approximately 260 feet west of the intersection of Acciardo Drive and George Allen Road and runs approximately 4,150 feet to the southwest, Assessor's Plat 5, Lot 25, in the town of Glocester. On June 23, 1977, RIDEM issued an NOV to Ronald and Joanne Acciardo alleging that the Acciardos violated the Rhode Island Freshwater Wetlands Act and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling, grading, excavating, and/or installation of structures within numerous types of wetlands on the property. Such wetlands included a Bog Wetland Complex; Streams/Intermittent Streams, Forested and Emergent Wetlands, and Riverbank and Perimeter Wetlands associated with the biological wetlands described above. In the NOV, RIDEM ordered the Acciardos to restore all altered freshwater wetlands on the property. RIDEM assessed an administrative penalty of $1,000.00. The Acciardos filed an appeal of the NOV with RIDEM. There is no record in the file whether an administrative hearing was held and if so, the outcome of the administrative hearing. On September 5, 2002 the property was transferred to Judith Simonelli. On October 9, 2008 the Providence Public Buildings Authority (PPBA) executed a Purchase and Sale Agreement with the Respondents and Judith Simonelli to purchase the property. On September 1, 2009 and October 7, 2009, OC&I performed inspections of the property and documented additional freshwater wetland violations that occurred after the issuance of the NOV. To resolve the issues raised in the NOV and the additional freshwater wetlands violations that occurred after the issuance of the NOV, OC&I and the Acciardos, Judith Simonelli, and the PPBA executed a Consent Agreement. Judith Simonelli and/or the PPBA agreed to restore most of the freshwater wetlands by December 31, 2010. OC&I agreed to allow some freshwater wetland alterations to remain in place until the death of the Acciardos, after which the remaining wetlands have to be restored within 240 days. The administrative penalty assessed in the NOV was waived.



April 29, 2010 - Air File No. 10-06 re: City of East Providence for a facility known as East Providence High School located at 2000 Pawtucket Avenue in the city of East Providence. On February 2, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control (APC) Regulation No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of three Hurst boilers with a heat input capacity of 10,500,000 BTU per hour without applying for or receiving a Minor Source Permit from RIDEM. The boilers have the capacity to burn #2 and #4 fuel oil and natural gas. The heat input of the boilers exceeds the 1,000,000 BTU per hour permitting threshold set forth in APC Regulation No. 9. On May 4, 2009 the Respondent submitted a permit application and associated fee to RIDEM for the boilers. The application stated that the boilers were installed on May 31, 2009. In the NOV, OC&I assessed an administrative penalty of $1,246.00. The Respondent paid the penalty in full to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.