August 2002 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 August 2002. 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:

August 2, 2002 - OC&I/Solid Waste File No. 02-001 re: N.E.Ecological Development, Inc. ("NEED") and Louis L. Vinagro, Jr. for property located at 23 Green Hill Road Assessor's Plat 32, Lots 14, 21, 22 and 25 in the Town of Johnston. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and multiple sections of RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities. The violations observed at the facility include at least the following:

• Operating processing equipment without specific approval from RIDEM,
• Drainage problems and standing water at the facility,
• Leachate collection systems clogged and non-operational,
• Operating a compost facility without the required registration/license,
• Disposal of unauthorized solid waste within the facility's storage cells,
• Unauthorized use of processed Construction & Demolition Debris for berm construction and capping of the storage cells,
• Increasing the height of the storage cells without approval of DEM,
• Storage of solid waste outside of the protective structure of the transfer facility,
• Excessive dust and waste storage violations,
• Operating the facility in noncompliance with its operating and engineering plans,
• Construction of unapproved berms to hold back wastes and use of inappropriate material to construct the berms,
• Objectionable odors detected beyond the property line of the facility,
• Late submission of the facility's air and water monitoring plan,
• Failure to submit a plan for an active gas collection system for the facility,
• Failing to abide by the facility's operating plan approved by RIDEM.

The OC&I ordered compliance with the law and the regulations and correction of all violations cited in the NOV. A penalty in the amount of $500,000.00 was assessed against the Respondents. (DEM actions re: NEED)



August 6, 2002 - OC&I/Septic System File No. CI 97-258 re: Paul S. and Darlene S. Lemoi, for property located at 33/35 Mill Street, Assessor's Plat 5, Lot 37 in the Town of Scituate. The OC&I alleges that 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). The violation pertains to the discharge of sewage from the sewage disposal system for a multi-family dwelling on the property to the surface of the ground and into the basement. On December 14, 1998 and January 27, 1999, RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondents for the discharge of sewage to the ground and into the basement. The Respondents failed to adequately comply with the terms of the NOI. The OC&I ordered the Respondents to cease the discharge of sewage to the ground and into the basement, to have the septic system pumped and to continue pumping until the septic system is repaired. OC&I assessed a penalty of $4,600.00.



August 22, 2002 - OC&I/RCRA File No. 01-034 re: CCL Custom Manufacturing, Inc. for property located at 35 Martin Street, Assessor's Plat 34, Lots 100, 193, 190, 194, 195, 256, 275 and Plat 58, Lot 111 in the Town of Cumberland. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertain to the Respondent's failure to determine if its wastes meet the definition of hazardous waste, failing to note the accumulation start date on containers holding hazardous waste, storing hazardous waste in excess of 90 days without a permit, failing to provide secondary containment for containers with liquid hazardous waste, failing to conduct weekly inspections of containers of hazardous waste and failing to maintain adequate aisle space between hazardous waste containers. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $24,000.00.



April 26, 2002 - OC&I/Septic System File No. CI 99-178 re: James & Kathy Weaver for property located at 17 Station Street, Assessor's Plat 45, Lot 29 in the Town of Coventry. The OC&I alleges that Respondents are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from a septic system serving a multi-family (6-unit) apartment. The prior owners of the apartment building were issued 2 Notices of Intent to Enforce for the septic system failure. Prior to the Respondents' purchase of the property, OC&I informed James Weaver of the septic system violation and informed Mr. Weaver of the actions necessary to correct the violation. Despite this knowledge, the Respondents purchased the property but failed to repair the system and allowed sewage to continue to discharge to the surface of the ground. OC&I ordered the Respondents to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $2,000.



August 28, 2002 - OC&I/AIR File No. 02-05 re: Catanzaro & Sons Painting, Inc. for property located at 28-30 Maple Avenue in the Town of Barrington. The OC&I alleges that the Respondent violated sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to the Respondent's failure to properly place impenetrable material on the ground at the paint removal work site, attach ground sheeting to the ground by staking or weighing down, securely seal doors and windows on walls being machine sanded, place vertical containment shrouds to prevent lead paint debris from escaping the work area, meet regulatory requirements when using mechanical methods to remove paint and failing to collect and contain lead paint removal debris. The Department issued both informal and formal enforcement actions to this Respondent in the past. The OC&I assessed a penalty in the amount of $9,250.00.



August 28, 2002 - OC&I/AIR File No. 02-06 re: The Meticulous Paint Job, Inc. for property located at 469 Bellevue Avenue in the City of Newport. The OC&I alleges that the Respondent violated sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to the Respondent's failure to properly place impenetrable material on the ground at the paint removal work site, attach ground sheeting to the ground by staking or weighing down, securely seal doors and windows on walls being machine sanded, place vertical containment shrouds to prevent lead paint debris from escaping the work area, meet regulatory requirements when using mechanical methods to remove paint and failing to collect and contain lead paint removal debris. The Department issued an informal enforcement action to this Respondent in 2001 advising him of the requirements of Air Pollution Control Regulation No. 24. The OC&I assessed a penalty in the amount of $8,250.00.



August 28, 2002 - OC&I/AIR File No. 02-07 re: Mr. Jon Morgera for property located at 443-447 Bellevue Avenue in the City of Newport. The OC&I alleges that the Respondent violated sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to the Respondent's failure to properly place impenetrable material on the ground at the paint removal work site, remove or cover toys, play equipment and furnishings within a minimum of 50 feet of the work site, equip a machine sanding tool with a HEPA vacuum, mist exterior surfaces during manual scraping and failing to collect and contain lead paint removal debris. The Department issued an informal enforcement action to this Respondent in 2000 advising him of the requirements of Air Pollution Control Regulation No. 24. The OC&I assessed a penalty in the amount of $4,000.00.



August 28, 2002 - OC&I/Solid Waste File No. 02-051 re: Milton L. and Florence Demers for property located at 16 Mount Avenue, Assessor's Plat 17, Lot 14 in the Town of Lincoln. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act. The violation pertains to the disposal of approximately 2,102 cubic yards of solid waste in the form of wood, tree and yard waste. On 30 September 1999, the OC&I issued a Letter of Noncompliance ("LNC") to the Respondents. The LNC advised the Respondents of DEM's concerns regarding the disposal of waste on the property, informed the Respondents that such disposal of waste represented a violation of law and allowed for a period of time to remove the waste from the property. The Respondents failed to remove the waste cited in the LNC and placed additional solid waste on the property. The OC&I ordered the Respondents to remove the solid waste within 90 days and assessed a penalty in the amount of $6,250.00.



August 28, 2002 - OC&I/RCRA File No. 02-010 re: New England Industries, Inc. for property located at 472 Potters Avenue, Assessor's Plat 49, Lot 353 in the City of Providence. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management specifically Rule 5.08 and Title 40 of the Code of Federal Regulations specifically 40 CFR 262.11. The violation pertains to Respondent's failure to characterize its waste through chemical analysis and/or knowledge of the characteristics of the waste. The Respondent was informed of this requirement in a Letter of Noncompliance issued on 22 June 2001. The Respondent continued to generate waste without determining if the waste was hazardous. The OC&I ordered compliance with the Rules and assessed a penalty in the amount of $2,500.00.



August 28, 2002 - OC&I/RCRA File No. 02-021 re: Century Plating International, Inc. for property located at 472 Potters Avenue, Assessor's Plat 49, Lot 353 in the City of Providence. The OC&I alleges that the Respondent violated sections of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertain to Respondent's failure to determine if any of its wastes meet the definition of hazardous waste and apply the proper waste code to the waste. The Respondent also failed to prepare and submit a Biennial Report to RIDEM. The Respondent was informed of the requirement to characterize its waste in a Letter of Noncompliance ("LNC") issued on 29 October 2001. The Respondent continued to generate waste without determining if the waste was hazardous. The Respondent had also been informed of this requirement in a previous LNC on 11 October 1994. The OC&I ordered compliance with the Rules and assessed a penalty in the amount of $4,500.00.



August 28, 2002 - OC&I/RCRA File No. 02-006 re: New England Rental and Leasing Company, Inc. and Curreri Collision Center, Inc. for property located at 2160 Hartford Avenue, Assessor's Map plat 54, Lot 139 in the Town of Johnston. The OC&I alleges that the Respondents violated multiple sections of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertain to storage of hazardous waste in excess of 90 days, hazardous waste container marking and labeling, keeping containers holding hazardous waste closed, waste determination, developing and maintaining a contingency plan, documenting hazardous waste training for employees, obtaining an EPA identification number, secondary containment for containers of liquid hazardous waste, weekly inspections of hazardous waste storage containers and submitting the names of agents authorized to sign manifests. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $30,284.20.



August 28, 2002 - OC&I/UST File No. 02-02160 re: Carmine Groccia d/b/a Charlie's Mobil for property located at 247 Ashaway Road, Assessor's Plat 23, Lot 48 in the Town of Hopkinton. The OC&I alleges that the Respondent violated multiple sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to a failure to operate and maintain UST systems in compliance with national codes of practice, annual testing of the leak detection continuous monitoring system ("CMS") and line leak detectors, monthly testing of the CMS by the operator, modification to the UST facility without RIDEM approval, installation of leak monitors within piping collection sumps, installation of groundwater monitoring wells and maintenance of daily written inventory and reconciliation records. The Respondent was advised of his obligation to comply with the Regulations by letter dated 20 October 2000. That letter outlined multiple violations at the facility that required correction. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $35,211.00.



August 30, 2002 - OC&I/RCRA File No. 01-033 re: Bristol Industrial Park, Inc. for property located at 500 Wood Street, Assessor's Plat 29, Lots 1 and 3 in the Town of Bristol. The OC&I alleges that the Respondent violated Rhode Island's Hazardous Waste Management Act and multiple sections of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertain to hundreds of containers and thousands of gallons of hazardous waste stored at the property. The violations also pertain to the Respondent's failure to properly determine if its wastes are hazardous waste, developing and maintaining a hazardous waste contingency plan, maintaining a hazardous waste training program, storage of hazardous waste in excess of 90 days without the required permit, failing to obtain an EPA identification number, secondary containment for containers of liquid hazardous waste, failing to affix accumulation start dates to containers of hazardous waste and failing to maintain adequate spill control equipment. The Respondent was advised as early as June 2001 that it must properly dispose of the hazardous waste stored at the property. Despite this information, the Respondent has not disposed of the hazardous waste pursuant to state law and regulations. In the NOV, the OC&I ordered compliance with the law and regulations and assessed a penalty of $70,853.00.

 

Formal Enforcement Cases Settled or Resolved:

August 1, 2002 - OC&I/Water File No. CI1382, RISUIC File No. 00489 and Septic System File No. CI00-54 re: DB Properties Management, Inc. for property located at 1308 Stafford Road, Assessor's Plat 99, Lot 108A in the town of Tiverton. On July 24, 2000, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Water Pollution Law, RIDEM's Groundwater Quality Regulations, Underground Injection Control Regulations (the UIC Regulations) and ISDS Regulations. In general, these violations related to a discharge of pollutants to waters of the State including groundwater; operating a facility in a manner that is likely to result in a discharge of pollutants to groundwater; operating an injection well which pollutes or endangers groundwater quality; installing or constructing an injection well without a permit and allowing overflow or spillage of sewage on or to the surface of the ground. OC&I ordered the closure of the unauthorized injection well, construction of an injection well for stormwater that complies the UIC Regulations, and repair of the failed septic system. OC&I assessed a penalty of $6,500. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, the Respondent completed all work to repair the septic system, properly closed the unauthorized injection well, constructed a new injection well, and paid the full penalty of $6,500 assessed in the NOV.



August 5, 2002 - OC&I/ Wetland File No. C91-0003 re: Christos Makrodimitras, for property approximately 325 feet east of the Connector Road and approximately 105 feet north of the Yawgoo Pond Bridge, Assessor's Plat 73, Lot 2 in the Town of Exeter. On January 10, 1991, RIDEM issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to the filling of a Swamp and Perimeter Wetland. RIDEM ordered the Respondent to restore the freshwater wetlands and assessed a penalty of $1,300. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent agreed to restore the freshwater wetlands no later than November 30, 1991. The Respondent also paid a penalty of $125.00. The Respondent failed to comply with the Consent Agreement. The Respondent completed the restoration in April 2002 and paid an additional $1,000 penalty for failure to comply with the original deadline in the Consent Agreement.



August 28, 2002 - OC&I/UST File No. 01-02905 re: 1199 EDDY Inc. for property located at 1199 Eddy Street, Assessor's Plat 58, Lot 162 in the City of Providence. On November 16, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations related to a failure to complete permanent closure of any USTs removed from service for longer than 180 days and abandonment of USTs. The OC&I ordered compliance with the UST Regulations by requiring the Respondent to submit a permanent closure application, complete removal of a UST remaining on site and remove and properly dispose of any contaminated soil encountered during removal. A penalty in the amount of $11,620.00 was assessed in the NOV. The Respondent requested a hearing to contest the NOV. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. As a result of OC&I's enforcement action, the Respondent removed the UST from the property. In the Consent Agreement, the parties agreed to a reduced penalty in the amount of $8,049.00. The penalty has been paid in full.

 

Superior Court Actions Issued:

No cases were issued this month.

Superior Court Actions Settled or Resolved:

No cases were resolved this month.