August 2013 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 2013. 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 21, 2013 - Air File No. 13-07 re: Copar Quarries of Westerly, LLC for a property located at 271 Church Street in the town of Westerly. The Respondent operates a stone quarry at the property. 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. 5 - Fugitive Dust. The violation pertains to the airborne transmission of dust beyond the property line of the quarry. On May 7, 2013, the OC&I inspected the quarry and surrounding neighborhood in response to complaints regarding fugitive dust. The inspector determined that fugitive dust from the quarry had traveled beyond the property line of the quarry. The inspector positioned his vehicle downwind of the quarry along Quarry Road such that the windshield could collect dust from the quarry that carried on the wind. The windshield was fully cleaned and, after 45 minutes, the inspector performed a short hand swipe over the windshield and noted that his hand had glistening particles that he attributed to dust from the quarry. Based on the wind direction and location of the vehicle, the quarry was the only source of dust detected. On May 24, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. The Respondent failed to respond to the notice. In the NOV, the OC&I ordered the Respondent to develop a plan (for the OC&I's review and comment) to comply with the DEM's air pollution regulation and submit the plan to the OC&I within 2 weeks. The OC&I assessed an administrative penalty of $1,500.00.



August 21, 2013 - Freshwater Wetland File No. C11-0142 re: William A. Mega for property located along a dirt drive that begins approximately 300 feet north of the intersection of Miskiania Trail and South County Trail and extends approximately 1,700 feet to the east in the town of Exeter. The Respondent owns 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 excavating, clearing and filling (in the form of boulders) within a Bog and clearing and filling within Perimeter Wetland associated with the Bog. This activity resulted in the unauthorized alteration of approximately 1½ acres of freshwater wetland. On October 11, 2011 the OC&I inspected the property and documented the violation. On December 8, 2011 and June 28, 2012 the OC&I issued informal written notices to the Respondent for the violation. The notices required specific actions to correct the violation. The Respondent failed to comply with the notice. 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 $9,000.00.



August 21, 2013 - Dam File No. 077 (Diamond Hill Reservoir Dam) re: Pawtucket Water Supply Board for property located approximately 2,100 feet east of the intersection of Wysteria Lane and Reservoir Road, immediately north of Reservoir Road, in the town of Cumberland. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on July 11, 2012. The inspection revealed heavy brush and vegetative growth in the following areas that did not allow for a proper inspection to be performed: on the upstream and downstream slopes of the embankment of the main dam to the left of the spillway, on the downstream slope of the embankment of the main dam to the right of the spillway, and on the downstream slope of the west dike. The OC&I considers the dam unsafe because the brush and vegetative growth inhibit proper inspection. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.



August 21, 2013 - Dam File No. 078 (Arnold Mills Reservoir Dam) re: Pawtucket Water Supply Board for property located approximately 4,700 feet southeast of the intersection of Diamond Hill Road (Route 114) and Nate Whipple Highway (Route 120), approximately 1,100 feet northeast of Nate Whipple Highway, in the town of Cumberland. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on July 11, 2012. The inspection revealed brush and vegetative growth on the upstream and downstream slope of the embankment that did not allow for a proper inspection to be performed. The OC&I considers the dam unsafe because the brush and vegetative growth inhibit proper inspection. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.



August 21, 2013 - OWTS File 13-11 re: Robert A. Anderson for property located at 15 Elberta Street in the city of Warwick. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. The OC&I inspected the property on March 27, 2013 and documented the violation. On March 28, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The violation required specific actions to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to pump the OWTS as needed to prevent further sewage discharges, retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the plumbing for the dwelling to the city's sewerage system. In the NOV, the OC&I assessed an administrative penalty of $800.00.



August 21, 2013 - Multi Media/Solid Waste and OWTS/File Nos. SW 2011-03 and OWTS CI 09-007 re: Two Moons Rising, LLC for a property located at 901 Mooresfield Road in the town of South Kingstown. The property includes a two bedroom single family dwelling. An onsite wastewater treatment system (OWTS) treats the wastewater from the toilets, showers, and sinks for the dwelling (Main OWTS). A separate OWTS treats the laundry wastewater from the dwelling (Laundry OWTS). The Respondent owns the property. Russell Koza and Kelly Jarvis acquired the property on October 15, 2012 from Fannie Mae a/k/a Federal National Mortgage Association and transferred the property shortly thereafter to the Respondent. Mr. Koza is listed as the registered agent for the Respondent. Upon information and belief, Mr. Koza has resided on the property since at least February 11, 2009. The OC&I alleges that the Respondent is in violation of RIDEM's Refuse Disposal Act and RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The solid waste violation pertains to the depositing of approximately 431 cubic yards of solid waste on the ground as of the OC&I's last inspection of the property on June 25, 2013 (consisting of unregistered vehicles and boats and other mixed solid waste including a container of used motor oil deposited on the ground). The OWTS violations pertain to the discharge of wastewater from the Main OWTS and Laundry OWTS to the surface of the ground. Inspections of the property by the OC&I on February 11, 2009, May 24, 2010, November 1, 2010, January 24, 2013 and June 25, 2013 documented the violations. On May 5, 2011 the OC&I issued a NOV to the former owner of the property for the violations that are the subject of this NOV. In the prior NOV, the OC&I ordered the former owner to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the RIDEM's OWTS Regulations. On September 26, 2012, the OC&I received a letter from Mr. Koza. The letter stated that he and Ms. Jarvis were in the process of acquiring the property from the bank and wanted to resolve the violations. Mr. Koza and Ms. Jarvis failed to comply with the former NOV. In this NOV, the OC&I ordered the Respondent to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the RIDEM's OWTS Regulations. The OC&I assessed an administrative penalty of $7,650.00.



August 28, 2013 - Hazardous Waste File No. 2011- 48 re: Supreme Asset Management Recovery, Inc. The Respondent operates a facility located at 1950 Rutgers University Boulevard in Lakewood, New Jersey (NJ facility) and is registered with the New Jersey Department of Environmental Protection as a State generator of hazardous waste. The property that is the subject of the NOV is located at 21 Sabin Street in the city of Pawtucket. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violation pertains to the disposal of hazardous waste at the Sabin Street property and the failure to complete a manifest for each shipment of hazardous waste. The OC&I inspected the property on March 11, 2011. The inspection revealed that waste, in the form of broken glass from cathode ray tubes (CRTs), was disposed at the property. In discussions with Thurston Hartford, who identified himself as the owner of E-Lifecycle Management, LLC, the OC&I learned that his company entered into a contract with the Respondent to receive broken CRT glass from the NJ facility. His company received two shipments of broken CRT glass comprising a total of about 40 tons. The first shipment was received on August 3, 2010 and the second shipment was received on August 10, 2010. On October 12, 2012 the OC&I inspected the property. The OC&I documented 29 cardboard containers holding broken glass. Samples collected by the OC&I revealed that the glass contained concentrations of lead exceeding the regulatory threshold of 5 parts per million making the material in the containers hazardous waste. The OC&I issued an informal written notice to the Respondent on July 31, 2012 for the violation. The notice required that specific actions be taken to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to transport the CRT glass to a licensed facility using a permitted hazardous waste transporter and submit a copy of the manifest to the RIDEM. The OC&I assessed an administrative penalty of $39,485.00.



August 28, 2013 - Hazardous Waste File No. 2011- 48 re: Gisele Elkin and Thurston Hartford d/b/a E-Lifecycle Management, LLC. The property that is the subject of the NOV is located at 21 Sabin Street in the city of Pawtucket. Elkin Investments, Inc. owns the property. The Rhode Island Secretary of State's corporations database lists Elkin Investments as an inactive corporation. The date of the revocation certificate was November 26, 2007. The record lists Gisele Elkin as the president of the corporation. The Rhode Island Secretary of State's corporation database has no listing for E-Lifecycle Management, LLC. E-Lifecycle Management LLC registered with the RIDEM as a small quantity hazardous waste generator and a large quantity handler of universal waste at the property. The registration lists Thurston Hartford as the contact for the corporation. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violation pertains to the storage or disposal of hazardous waste at the property without a permit from the RIDEM and the storage of universal waste for greater than one year. The OC&I inspected the property on March 11, 2011. The inspection revealed that waste, in the form of broken glass from cathode ray tubes (CRTs), was disposed at the property. In discussions with Thurston Hartford, who identified himself as the owner of E-LifeCycle Management, LLC, the OC&I learned that his company entered into a contract with the Respondent to receive broken CRT glass from the NJ facility. His company received two shipments of broken CRT glass comprising a total of about 40 tons. The first shipment was received on August 3, 2010 and the second shipment was received on August 10, 2010. On October 12, 2012 the OC&I inspected the property. The OC&I documented 29 cardboard containers holding broken CRT glass, 30 cardboard containers holding CRTs and 16 cardboard containers holding projection lamps. Of the containers holding CRTs, 21 were labeled with the words "Universal Waste, Used Electronics, TV Tubes, E-Lifecylce Management, LLC" and dated March 10, 2011. Of the containers holding projection lamps, 7 were labeled with the words "Universal Waste, Used Electronics, TV Tubes" and dated March 10, 2011. Samples collected of the broken CRT glass by the OC&I revealed that the glass contained concentrations of lead exceeding the regulatory threshold of 5 parts per million making the material in the containers hazardous waste. The OC&I issued informal written notices to the Respondent on July 14, 2011 and March 20, 2012 for the violations. The notices required that specific actions be taken to correct the violations. The Respondents failed to comply with the notices. In the NOV, the OC&I ordered the Respondents to transport all of the CRT glass to a licensed facility using a permitted hazardous waste transporter and submit a copy of the manifest to the RIDEM. The OC&I also ordered the Respondents to transport all the universal waste that has been stored for greater than one year to another universal waste handler or a licensed destination facility and submit a copy of the bill of lading or manifest to the OC&I. The OC&I assessed an administrative penalty of $29,174.00.

Formal Enforcement Cases Settled or Resolved:

August 1, 2013 - Freshwater Wetlands File No. C07-14, X-ref 04-0516 re: Commerce Park Realty, LLC for property located approximately 2800 feet northeast of the intersection of Centre of New England Boulevard and Hopkins Hill Road in the town of Coventry. On December 11, 2007 OC&I issued a NOV to the Respondent alleging certain violations of the 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 violations pertained to Respondent's noncompliance with a permit issued by the RIDEM. On November 30, 2004 RIDEM approved Respondent's Preliminary Determination application to construct a three hundred and eleven unit condominium development. On January 3, 2007 the RIDEM approved a permit modification. Condition No. 5 required the Respondent to record the permit in the land evidence records and Condition No. 7 restricted the Respondent's water supply for the project to the municipal supply from the Kent County Water Authority and stated specifically that installation and use of wells for water supply was not authorized and would require a new application. On January 9, 2007 and January 11, 2007 inspections of the property by the OC&I revealed that 58 condominium units were constructed which included the installation of individual wells as a water supply, and 19 of the units were sold and occupied. On February 20, 2007 OC&I issued an informal written notice to the Respondent requiring the Respondent to submit an application for the installation and use of wells as a water supply for the project and to cease further installation and use of wells as a water supply for the project until an approval was issued by the RIDEM. On October 26, 2007 the Respondent submitted plans that showed that 12 new wells were drilled after the issuance of the notice and that 67 condominium units had been sold and were occupied. The OC&I determined that the Respondent failed to comply with the notice and failed to comply with Conditions 5 and 7 of the permit. In the NOV, OC&I ordered the Respondent to cease further installation and use of wells for water supply for the condominium development on the property until such time that an approval was issued by the RIDEM, address all deficiencies in Respondent's application and ordered the Respondent to record the permit in the land evidence records. The OC&I assessed an administrative penalty of $3,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to restrict the total number of certificates of occupancy for the condominium development to a maximum of 95 units until the Respondent obtained approval from RIDEM for more individual wells or the Respondent obtains approval from the Kent County Water Authority for public water. The Respondent further agreed that no building permits will be obtained for any residential, commercial or industrial buildings within Phase 2, Phase 3, or Phase 8 of the Respondent's Master Plan until the Respondent obtains approval from RIDEM to construct public or private wells that will provide water to the buildings or the Respondent obtains approval from the Kent County Water Authority for public water. The Respondent agreed to a cash penalty of $3,500.00, which was paid upon execution of the Agreement. The Respondent subsequently filed for bankruptcy and on February 20, 2013 a Permanent Receiver was appointed. The OC&I and the Permanent Receiver met and agreed it was necessary to amend the Consent Agreement. The Permanent Receiver agreed that the total number of certificates of occupancy shall not exceed 123 units until an approval from RIDEM is obtained to construct a public well or private wells that will provide water to the lots or approval is obtained from Kent County Water Authority to provide water to the lots.



August 1, 2013 - Underground Storage Tank File No. 10-02969 re: Town of Cumberland for property located at 37 Blackstone Street in the town of Cumberland. The property includes a public works garage and an underground storage tank (UST) used for storage of petroleum product (the facility). Respondent owns the property and operates the facility. On March 21, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to: inspect the facility and complete and submit self certification forms to RIDEM; report inventory discrepancies to RIDEM; and promptly investigate all suspected leaks or releases when required by RIDEM. On January 16, 2009 the Respondent submitted to RIDEM monthly inventory records. RIDEM's review of the records revealed discrepancies for July-August 2005, September-November 2006, December 2007, and March-April 2008. The Respondent failed to report the discrepancies to RIDEM. On January 10, 2011 RIDEM received a report from the Respondent that documented the results of a tightness test that was performed on the primary tank and the product pipeline on October 15, 2010. The report stated that the tank and pipeline met the criteria for passing. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $9,250.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to permanently close the UST by December 31, 2013 in accordance with RIDEM's UST Regulations. The OC&I agreed to accept this work as a Supplemental Environmental Project (SEP) and apply the entire penalty assessed in the NOV towards completion of the SEP.



August 6, 2013 - Hazardous Waste File No. 12-82 re: Narragansett Jewelry Co., Inc. (d/b/a C & J Jewelry Company, Inc.) for a facility located at 100 Dupont Drive in the city of Providence. The Respondent is registered with RIDEM as a small quantity hazardous waste generator at the facility. On February 4, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations pertained to Respondent's failure to: complete a waste determination on a polishing dust generated at the facility; store one 55 gallon container holding corrosive hazardous waste labeled 'pit solution' for no more than 90 days (the container had been stored for 9 ½ months); mark one 55 gallon container holding about 10 gallons of hazardous waste labeled 'spent soldering waste' and one 55 gallon container of hazardous waste labeled 'pit solution' with an accumulation start date; mark the 'spent soldering waste' container with an Environmental Protection Agency (EPA) identification number and EPA waste number on the label; label one above ground storage tank holding about 200 gallons of corrosive hazardous waste with the words "hazardous waste"; label 29 boxes holding fluorescent bulbs and 5 used electronics with the words "universal waste"; provide secondary containment system for the pit solution containers and spent soldering waste container; conduct weekly inspections of the containers and the above ground storage tank; provide annual training to employees; and develop a contingency plan that had all the key elements. The OC&I inspected the facility on August 6, 2012 and documented the violations. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $36,382.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $9,194.50 in installments. The first installment of $1,194.50 was paid upon execution of the Agreement. The remaining payments shall be paid in equal and consecutive monthly installments of $1,000.00.



August 6, 2013 - Underground Storage Tank File No. 12-03818 re: Edgar Almeida for property located at 397 Dyer Avenue in the city of Cranston. The property includes three underground storage tanks (USTs or tanks) used for the storage of petroleum products. New Property Solutions, LLC owns the property. New Property Solutions, LLC is listed as an inactive corporation in Rhode Island's Secretary of State's corporations database. Edgar Almeida was the sole member of the corporation. On April 17, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the abandonment of the USTs and the failure to pay annual registration fees. The USTs were removed from service in or about September 2007; however, the USTs were not permanently closed in accordance with the RIDEM's UST Regulations. In addition, the Respondent failed to pay the UST registration fees assessed by the RIDEM for 2009, 2010 and 2011. In the NOV the OC&I ordered the Respondent to permanently close the USTs in accordance with the UST Regulations. The OC&I assessed an administrative penalty of $12,778.00, of which $5,278.00 are for the registration fees. The Respondent did not file an appeal of the NOV with AAD and did not comply with the NOV. The property was acquired by Dominic Simone, II through a foreclosure on a loan the Respondent owed to Mr. Simone for the property. In lieu of proceeding to Superior Court on the NOV, the OC&I and Mr. Simone executed a Consent Agreement to resolve the NOV. Mr. Simone agreed to bring the facility into compliance with the RIDEM's UST Regulations within 180 days and pay a $10,000.00 administrative penalty. The penalty was paid upon execution of the Agreement.



August 9, 2013 - OWTS File 12-147 and CI 12-112 re: Paul E. Gallo and Sandra L. Gallo for property located at 44 Ideal Court in the city of Warwick. The property includes a residential dwelling and is owned by the Respondents. On February 27, 2013 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On October 3, 2012, the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,000.00. The Respondents failed to file an appeal of the NOV with AAD. The Respondents submitted documentation to the OC&I to show that they do not have the financial means to repair the OWTS or pay any portion of the administrative penalty assessed in the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pump the OWTS as often as necessary to prevent any and all overflows, discontinue all use of the washing machine at the dwelling until the system is repaired, limit occupancy of the dwelling to no more than four persons until the system is repaired, install low-flow water fixtures on the sinks and shower and a low-flow toilet, and repair the system when the property is sold or transferred to a new owner. The OC&I waived the administrative penalty assessed in the NOV.



August 15, 2013 - Freshwater Wetland File No. C92-0393 re: Full Channel TV, Inc. for property located approximately 200 feet west of Serpentine Road, approximately 1500 feet southwest of the intersection of Serpentine Road and School House Road in town of Warren. The property is owned by the Respondent and includes a communications tower. On May 11, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing and filling (in the form of at least gravel) within Swamp and Perimeter Wetland for the purpose of constructing a roadway to obtain access to the communications tower and the installation of culvert pipes within three Areas Subject to Storm Flowage. This activity resulted in the unauthorized alteration of about 5,900 square feet of freshwater wetlands. The violation was first observed during an inspection of the property on October 27, 1992. Inspections of the property by RIDEM in 1996 and 2008 revealed that the roadway remained in place. Inspection of the property by RIDEM on April 14, 2010 revealed that the roadway remained in place. In the NOV, the OC&I ordered the Respondent to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. The OC&I assessed an administrative penalty of $2,100.00. The Respondent filed an appeal of the NOV with AAD. On April 24, 2013 and May 8, 2013 a hearing was held before the AAD hearing officer. The hearing officer issued a Decision and Order that granted in part and denied in part the Respondent's appeal. The hearing officer determined that the Respondent violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The hearing officer ordered the Respondent to pay an administrative penalty of $1,700.00 but did not order the Respondent to restore the altered wetlands. The Respondent paid the penalty to resolve the matter.



August 15, 2013 - Freshwater Wetland File No. C09-0037 re: Ayn. Wardo Realty, LLC for property located at 32 Meeting Street in the town of Cumberland. The Respondent owns the property. On March 28, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing and filling (in the form of at least gravel, sand, rock, tree slash, logs, brick, and concrete) within the 100-year Floodplain and 200-foot Riverbank Wetland of the Blackstone River. This activity has resulted in the unauthorized alteration of approximately 40,000 square feet of freshwater wetland. The Respondent did not receive approval from RIDEM to alter the freshwater wetlands. The OC&I inspected the property on April 20, 2009, August 6, 2009, August 27, 2010 and September 16, 2010 and documented the violation. In the NOV, the OC&I ordered the Respondent to restore the altered wetlands. The OC&I assessed an administrative penalty of $12,500.00. The Respondent filed an appeal of the NOV with AAD. The Respondent failed to show up for the hearing that was scheduled for August 13, 2013 or otherwise advise the AAD hearing officer of a reason for its nonappearance. For that reason the AAD hearing officer dismissed the appeal.



August 22, 2013 - OWTS File CI08-0128 re: Howard R. Migneault for property located at 34 Richardson Clearing Trail in the town of Glocester. The property includes a residential dwelling and is owned by the Respondent. On December 15, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the unauthorized construction of an onsite sewage disposal system for the dwelling. In the NOV, the OC&I ordered the Respondent to retain a licensed septic system designer to submit an application to repair the system and construct the system upon RIDEM's approval of the application. In the NOV, the OC&I assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent failed to comply with the AAD hearing officer's orders or otherwise advise the AAD hearing officer of a reason for his failure to comply. For that reason the AAD hearing officer dismissed the appeal.

Superior Court Actions Issued:

August 23, 2013 - UST File No. 06-00616 and Superior Court File No. PC13-4226 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Charles Street Realty, Inc. and Kelly's Car Wash, Inc. for property located at 200 Charles Street in the city of Providence. An underground storage tank (UST) facility is located on the property that contains two 12,000-gallon gasoline USTs, a 6,000-gallon diesel UST and a 1,000-gallon heating oil UST. Charles Street Realty is the owner of the property. Kelly's Car Wash, Inc. is the operator of the facility. On September 25, 2006 the OC&I issued an NOV to the Defendants alleging that the Defendants violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to Defendants' failure to comply with operation and maintenance requirements for UST systems, failing to comply with the Environmental Results Program compliance certification requirements, failing to meet inventory control record keeping requirements for UST systems, failing to meet annual testing of line leak detectors, failing to meet annual testing of shear valves, failing to comply with the installation, operation and maintenance requirements for leak monitoring devices, failing to investigate release detections signals, failing to meet monthly and annual testing requirements of leak monitoring devices, failing to maintain spill containment basins and sumps and failing to meet requirements related to abandonment of monitoring wells, piezometers and subsurface borings. The OC&I further alleged that the Defendants were aware of their obligations to maintain compliance with the RIDEM's UST Regulations since they were previously cited by RIDEM on more than one occasion for their failure to comply. In the NOV, the OC&I ordered the Defendants to achieve compliance with the RIDEM's UST Regulations and assessed a penalty in the amount of $15,520.00. The Defendants failed to file an appeal of the NOV and failed to pay the administrative penalty. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to pay the administrative penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

August 23, 2013 - Freshwater Wetlands and Solid Waste File Nos. FW C07-0266, SW 2007 422 and SW 09-04 and Superior Court File No. PC 12-6063 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants William and Cynthia Overdeep for property located at 1621 Old Smithfield Road in the town of North Smithfield. The Defendants own the property. On February 18, 2008 the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Refuse Disposal Act. The violation pertained to the disposal of approximately 85 cubic yards of solid waste on the property. The waste consisted of construction and demolition (C&D) debris, scrap metal, tree waste and other mixed solid waste. In the NOV the OC&I ordered the Defendants to dig test pits to determine the extent of waste buried on the property and to remove all waste to a licensed solid waste management facility within 60 days. The OC&I assessed an administrative penalty of $2,500.00. The Defendants failed to file an appeal of the NOV with AAD. On February 25, 2009 the OC&I inspected the property. The inspection revealed unauthorized storage and landfilling of C&D debris in a wetland on the property. In addition, the Defendants were burning C&D waste in a wood stove using waste paint thinner and other hazardous materials as an accelerant. The violations resulted in the unauthorized alteration of approximately 50 linear feet of a stream and 24,000 square feet of a riverbank wetland, the unauthorized disposal of approximately 382 cubic yards of solid waste (consisting of 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 Defendants had a small excavator that was being used to crush furniture and C&D debris). On April 9, 2010 the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Refuse Disposal Act and Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. In this NOV, the OC&I ordered the Defendants 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. The OC&I assessed an administrative penalty of $17,800.00. The Defendants failed to file an appeal of the NOV with AAD. The OC&I inspected the property on June 28, 2012 and July 5, 2012 and determined that additional storage and landfilling of C&D debris was ongoing. On November 23, 2012, the OC&I filed a complaint in Superior Court against the Defendants. In the complaint, the OC&I asked the Court to order the Defendants to comply with the NOVs. The Court issued an Order requiring the Defendants to restore the freshwater wetlands and properly remove the solid waste from the property in accordance with the NOVs by May 30, 2015. The Court also ordered the RIDEM to release the NOVs upon satisfactory completion of the requirements in the Court Order.