August 2012 Enforcement Action Summary Formal Enforcement Actions IssuedFormal Enforcement Actions Settled or ResolvedSuperior Court Actions IssuedSuperior 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 2012. 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 firstname.lastname@example.org. 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, 2012 - Air File No. 12-08 re: Rhode Island Blood Center for its facility located at 405 Promenade Street in the city of Providence. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of an emergency generator without a permit from the RIDEM. On May 5, 2012, the RIDEM received a minor source permit application for an oil fired emergency generator that was installed on or about June 1, 2010. The generator has a maximum heat input capacity of 13.6 million British thermal units per hour (BTU/hr). The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5 million BTU/hr or more. In the NOV, the OC&I assessed an administrative penalty of $1,103.00.August 8, 2012 - Air File No. 12-06 re: Arkwright Advanced Coating, Inc. for its facility located at 538 Main Street in the town of Coventry. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 29 - Operating Permits. On November 24, 2008 the RIDEM issued an operating permit to the Respondent. The permit requires the Respondent to limit the total quantity of volatile organic compounds (VOCs) discharged to air pollution control device C037 so as not to exceed 350 pounds per hour. The violation pertains to the Respondent's failure to comply with its permit. On March 14, 2012, as a result of RIDEM's request, the Respondent submitted a letter to RIDEM. The letter revealed that the total quantity of VOCs discharged to C037 exceeded 350 pounds per hour from calendar year 2007 through calendar year 2011. In the NOV, the OC&I assessed an administrative penalty of $7,750.00.August 8, 2012 - Dam File No. 126 (Georgiaville Pond Dam) re: Deborah A. Bliss for a dam identified as Georgiaville Pond Dam, located north and west of Stillwater Road and east of Farnum Pike in the town of Smithfield. The Respondent owns a portion of the dam. The dam is classified by RIDEM as High Hazard. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition and the failure to register the dam. The dam was inspected on May 20, 2010. The inspection revealed that the crest of the embankment was lowered by 6 feet. The OC&I considers the dam unsafe because of the lowered embankment crest. On April 25, 2012, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by June 22, 2012. Thus far, the Respondent has not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form and retain a professional engineer to either submit an application to the OC&I to repair the embankment and complete the repair in accordance with the approval issued by OC&I or submit a report to the OC&I that demonstrates that there is no need to repair the embankment to maintain the dam in a safe condition. The OC&I did not assess an administrative penalty.August 10, 2012 - Freshwater Wetland File No. FW C11-0067 re: Mark DePasquale for property located approximately 1,340 feet northeast of the intersection of Roberts Way and Ten Rod Road (Route 102) and 1260 feet north of the intersection of Thornton Way and Rodman Lane within a residential development known as North Kingstown Green in the town of North Kingstown. The property is also referred to as a portion of Assessor's Plat/Map 113, Lot 23. On September 7, 2006 the RIDEM issued a permit to North Kingstown Green LLC to construct North Kingstown Green. The permit was issued to the Respondent as a member of North Kingstown Green LLC. The permit did not authorize the alteration of any freshwater wetlands on the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and filling (in the form of at least wood chips) within Swamp and Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 9,600 square feet of freshwater wetland. On March 31, 2011 the OC&I inspected the property and documented the violation. On August 10, 2011 the OC&I issued a Notice of Intent to Enforce (NIE). The NIE required the Respondent to restore the altered wetlands. On August 22, 2011 the Respondent submitted a letter to the OC&I in response to the NIE. The Respondent stated that he intended to comply with the NIE. On May 17, 2012 the OC&I inspected the property, which revealed that the Respondent further altered the wetlands by loaming, grading and seeding within the Swamp and Perimeter Wetland. In the NOV, the OC&I ordered the Respondent to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I assessed an administrative penalty of $12,000.00.August 14, 2012 - Underground Storage Tank File No. 2012-00761 re: Haji Ahmad, Mary DeAngelis, Steven R. DeAngelis, Rocco DeAngelis, and Linda Napoletano for property located at 54 Newport Avenue, Assessor's Plat 40, Lot 1005 in the city of Pawtucket. The property includes a convenience store and underground storage tanks (USTs or tanks) used for the storage of petroleum products. Mary DeAngelis, Steven R. DeAngelis, Rocco DeAngelis, and Linda Napoletano own the property. Newport Express operates the facility and operated the facility during the time of the violations alleged in the NOV. Newport Express is listed as an active corporation in Rhode Island's Secretary of State's corporations database. The date of organization is February 8, 2012. Haji Ahmad is a member of the corporation. 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: annually test line leak detectors and shear valves; perform monthly testing of the continuous monitoring system (CMS); perform annual testing of the CMS by a qualified person; and perform annual groundwater evaluations of monitoring wells. The OC&I inspected the facility on April 10, 2012 and documented the violations. The OC&I issued an informal written notice to Mr. Ahmad on April 13, 2012, a copy of which was sent to Steven DeAngelis. The notice required specific actions to correct the violations. The Respondents failed to comply with the notice. In the NOV the OC&I ordered the Respondents to come into compliance with the UST Regulations. The OC&I assessed an administrative penalty of $5,512.00. Formal Enforcement Cases Settled or Resolved: August 8, 2012 - Dam File No. 010 (Mapleville Pond Dam) re: Mapleville Main, Inc. for property located on the north side of Main Street, just north of its intersection with Main Street, in the town of Burrillville. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On June 20, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on May 3, 2010. The inspection revealed the following: excessive vegetation on the embankment crest and upstream slope of the embankment upstream of the chain link fence that did not allow a proper inspection to be performed; brush and tree growth on the island in the spillway discharge channel that may obstruct flow; and no auxiliary spillway present. Also, the Respondent's caretaker did not know if the low level gate was operational and was unwilling to exercise the gate at the time of the inspection. In the NOV, the OC&I ordered the Respondent to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, including an assessment of the operability of the low level gate, submit a report to the OC&I prepared by the engineer on the findings of the inspection, and construct an auxiliary spillway that passes the same flow as the spillway was originally designed to pass. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent placed a restrictive covenant agreement (Restriction) in the land evidence records for the town. The Restriction prohibits any use of the buildings on the property. The use of the buildings is the reason the dam is classified as High Hazard. With the Restriction, the dam at present does not pose a threat to life or property. The Restriction also allows for RIDEM to take additional action against the Respondent if conditions downstream of the property change such that the RIDEM believes the dam poses a threat to life or property.August 17, 2012 - Solid Waste File No. 06-001 re: Coastal Recycling, Inc. for a facility located at 431 Allens Avenue, Assessor's Plat 55, Lots 427 and 430 in the city of Providence. On March 1, 2001 the RIDEM registered the facility as a solid waste management facility (the Registration). The Registration allowed the Respondent to manage and process construction and demolition (C&D) debris only. On March 8, 2002 the RIDEM approved a request to increase the maximum amount of processed C&&D allowed to be stored to 300 tons with certain conditions. The Registration expired on March 1, 2004. On October 19, 2006 the RIDEM issued a denial letter in response to the Respondent's request to renew the Registration On August 31, 2007 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act, RIDEM's Solid Waste Regulations, and conditions of the Registration. The violations pertained to Respondent's receiving solid waste at the facility other than C&&D debris without first obtaining the appropriate license, failing to operate the facility in conformity with the facility's approved operating and engineering plans, exceeding the facility's storage limit of 300 tons of C&&D debris, failing to correct drainage problems, failing to address fire control and prevention provisions, failing to contain solid waste leachate, failing to provide required plans to the RIDEM, failing to obtain approval of the facility's fire protection plan from the local fire chief and failing to maintain a required buffer zone between processed and unprocessed C&&D debris and the property line of the facility. In the NOV, the OC&I ordered the removal of all solid waste from the facility that is not temporarily stored in a vehicle or proper receptacle for less than 72 hours and assessed an administrative penalty of $68,750.00. The Respondent filed an appeal of the NOV with AAD. An administrative hearing was held on March 7, 13, 14 and 16 of 2012. The AAD hearing officer issued a Decision and Order upholding the NOV in its entirety. In his decision the hearing officer ordered the Respondent to comply with the corrective actions in the NOV and pay the full administrative penalty assessed in the NOV.August 24, 2012 - Air File No. 12-08 re: Rhode Island Blood Center for its facility located at 405 Promenade Street in the city of Providence. On August 2, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of an emergency generator without a permit from the RIDEM. On May 5, 2012, the RIDEM received a minor source permit application for an oil fired emergency generator that was installed on or about June 1, 2010. The generator has a maximum heat input capacity of 13.6 million British thermal units per hour (BTU/hr). The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5 million BTU/hr or more. In the NOV, the OC&I assessed an administrative penalty of $1,103.00. The Respondent agreed to pay $903.00 to resolve the NOV, which was paid. Superior Court Actions Issued: August 9, 2012 - Septic System File CI09-29 and Superior Court File No. PC 12-4119 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Rocco A. Iannotti and Randee R. Elman for property located at 50 Glenham Road, Assessor's Plat 22/2, Lot 95 in the city of Cranston. The property includes a 3- bedroom dwelling that is owned by the Defendants. On May 28, 2010 the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Defendants to cease the discharge of sewage to the ground surface, retain a licensed designer to evaluate the system to determine the cause of the failure, and repair the system, if necessary. OC&I assessed an administrative penalty of $1,400.00. The Defendants failed to file an appeal of the NOV at AAD and have failed to comply with the NOV. In the Superior Court complaint, RIDEM is asking the court to order the Defendants to comply with the NOV and pay an administrative penalty of $1,400.00. Superior Court Actions Settled or Resolved: None settled or resolved this month.