December 2004 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 December 2004. 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:

December 02, 2004 - OC&I/UST File No. 04-03254 re: Karam Properties, LLC and Mr. Gas, Inc. for property located at 2851 Pawtucket Avenue, Assessor's Map 308, Block 25, Parcel 10 in the City of East Providence. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondents' failure to complete an operational survey of the cathodic protection system servicing USTs at the facility for the year 2003, failure to inspect the impressed current cathodic protection system every 60 days from April 2002 through July 2003, failure to maintain inventory control records from April 2002 through July 2003, failure to perform precision testing of the USTs during the years 2002 and 2003, failure to perform annual testing of the line leak detectors during the years 2002 and 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from April 2002 through July 2003 and failure to perform annual testing of the CMS during 2002 and 2003. In the NOV, the OC&I ordered the Respondents to verify compliance with the applicable UST Regulations and assessed a penalty in the amount of $14,994.00.

December 09, 2004 - OC&I/UST File No. 04-03903 re: Thomas E. Badway for property located at 1052 North Main Street, Assessor's Plat 1, Lot 7 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations and the Oil Pollution Control Regulations. The violations pertain to Respondent's removal and permanent closure of four USTs at the property. During the closure project, oily sludge and soil was removed from the USTs during the cleaning process and placed into four 55-gallon drums. Respondent's UST Closure Assessment Report did not contain documentation of proper disposal of the four containers. Respondent's failure to produce and submit documentation of proper disposal of the containers is a violation of the UST Regulations and the Oil Pollution Control Regulations. The OC&I assessed a penalty in the amount of $6,250.00 for Respondent's non-compliance with the Regulations.

December 17, 2004 - OC&I/RCRA File No. 04-024 re: Budget Rent A Car System, Inc. for its facility located at 55 Senator Street in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertains to the Respondent's failure to determine if waste oil stored at the subject facility meets the definition of a hazardous waste in accordance with the requirements of Hazardous Waste Regulation 5.08 The Respondent had previously been issued a Letter of Non-Compliance ("LNC") on 10 February 2004 that informed the Respondent of its obligation to characterize its waste in accordance with the Regulations. Despite the LNC notifying the Respondent of its obligations, the Respondent failed to comply with the Hazardous Waste Regulations. In the NOV, OC&I ordered the Respondent to achieve compliance within thirty- (30) days and assessed a penalty in the amount of $5,000.00.

December 28, 2004 - OC&I/UST File No. 04-00655 re: Claudette A. Downey and Cheryl & Raymond Services, LLC for property owned by Leo's Service Center, Inc. and located at 118 Narragansett Avenue, Assessor's Plat C, lots 354, 362 and 363 in the Town of Narragansett. Respondent Claudette A. Downey is the last known president of Leo's Service Center, Inc. Cheryl & Raymond Services, LLC is the operator of the UST facility at the property. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to perform line tightness testing for the two USTs located at the facility during the year 2002, failure to perform annual functionality testing of the line leak detectors for the two USTs during the year 2002 and failure to bail and evaluate the water in all of the facility's groundwater monitoring wells for visual and olfactory evidence of the presence of free product at least once during each of the years 2002 and 2003. In the NOV, the OC&I ordered the Respondents to provide written verification of compliance and assessed a penalty in the amount of $4,970.00.00.

December 28, 2004 - OC&I/UST File No. 04-01257 re: Alliance Energy Corp. for its facility located at 1209 Main Street, Assessor's Plat 5B, Lots 5 and 6 in the Town of Richmond. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to Respondent's failure to perform tank tightness testing for three USTs operated at the facility during the year 2002, failure to perform annual functionality testing of the line leak detectors for its USTs during the year 2002 and failure to perform annual certification testing of the CMS during the years 2001, 2002 and 2003. In the NOV, the OC&I ordered the Respondent to verify that it is now in compliance with the UST Regulations cited in the NOV and assessed a penalty in the amount of $7,206.00.

December 28, 2004 - OC&I/UST File No. 04-01263 re: Brookfield Hills Service Center, Inc., Brookfield Service, Inc., Paul Silva and Adelaide Silva for property located at 929 Providence Street, Assessor's Plat 39, Lot 213 in the Town of West Warwick. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to perform operational surveys of the sacrificial anode cathodic protection systems for four USTs at the facility, failure to compile monthly inventory reconciliation and leak check records for two gasoline USTs, failure to perform annual functionality testing of the line leak detectors for their gasoline USTs during the years 1995 through 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from September 2001 through September 2004, failure to perform annual certification/testing of the CMS during the years 1995 through 2003, failure to maintain the spill containment basins for the USTs free of liquids and solid debris, failure to label the fill ports for two of the USTs, and failure to equip the tank pad observation wells with locking gripper caps. Also, at the time of RIDEM's inspection, the product piping for one of the gasoline USTs was observed to be leaking within the piping collection sump. Gasoline was observed to be dripping and accumulating on the floor of the sump and an abnormal vapor concentration was detected within the sump. Observations of the sump walls revealed that they were buckled and the floor was uneven. Information obtained from the memory of the CMS revealed that a "fuel alarm" had been registered for the piping collection sump sensor for the UST five (5) days before the inspection. However, the facility owners/operators had not reported the leak, the unusual operating conditions or the release detection signal to RIDEM. Failure to respond to the conditions observed and to report the conditions to the RIDEM represent violations of the UST Regulations. In the NOV, OC&I ordered the Respondents to submit a Release Characterization Report and to submit a Site Investigation Report and Corrective Action Plan if required. The Respondents were further ordered to perform tightness testing of the piping collection system and conduct repairs if necessary within 30 days and to verify compliance in writing with all other UST Regulations cited in the NOV. A penalty in the amount of $20,305.00 was assessed in the NOV.

December 30, 2004 - OC&I/UST File No. 04-03121 re: Cumberland Farms, Inc. for property located at 244 Washington Street, Assessor's Plat 6, Lots 152 and 153 in the Town of West Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to the Respondent's failure to continuously operate electronic annular or interstitial space sensors to monitor the piping lines for three USTs, failure to repair the spill containment basin for one of Respondent's USTs, and failure to retrofit the tank pad observation wells at the facility to meet construction requirements as required in the UST Regulations. In the NOV, the OC&I ordered the Respondent to install or repair and then continuously operate electronic annular or interstitial space sensors for the product piping lines for its USTs, repair the spill containment basin and retrofit the tank pad observation wells at the facility. A penalty in the amount of $7,750.00 was assessed against the Respondent.

December 30, 2004 - OC&I/UST File No. 04-01177 re: Albert Therien, Doris Therien, Therien's LLC, and RUTU, LLC for property located at 3585 Mendon Road, Assessor's Plat 52, Lot 331 in the Town of Cumberland. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to compile monthly inventory reconciliation records for three gasoline USTs operated at the facility, failure to perform tank tightness testing for the USTs during the year 1996, failure to perform line tightness testing for the USTs during the years 1994 through 2000, 2002 and 2003, failure to perform annual functionality tests for line leak detectors for the USTs for the years 1994 through 2002, failure to perform monthly testing of the CMS from March 2001 through March 2004, failure to perform annual certification/testing of the CMS during the years 1999 through 2002, and failure to maintain the spill containment basins free of liquids or solid debris. On or about 26 March 2004, the OC&I issued a LNC to the Respondents notifying the Respondents of their non-compliance with the UST Regulations and requiring that compliance be met within 60 days of receipt. By letter dated 14 June 2004 OC&I once again notified Respondents that they were in non-compliance with the UST Regulations. On 7 October 2004, the Respondents submitted a report to OC&I; however, an evaluation of the report revealed that the Respondents failed to fully address the issues of non-compliance. In the NOV, OC&I ordered the Respondents to submit written verification that they are in compliance with the UST Regulations and assessed a penalty in the amount of $21,866.00.

December 30, 2004 - OC&I/RCRA File No. 04-081 re: Ceimic Corporation for property located at 10 Dean Knauss Drive, Assessor's Plat N-D, lot 5-3, in the Town of Narragansett. The OC&I alleges that the Respondent is in violation of the Rules and Regulations for Hazardous Waste Management and the applicable Code of Federal Regulations enforced by RIDEM pertaining to Hazardous Waste. The violations pertain to Respondent's failure to determine if all wastes generated at the facility meet the definition of a hazardous waste, failure to properly label all satellite containers holding hazardous waste, failure to keep all satellite containers of hazardous waste closed except when adding or removing waste, failure to label all containers of hazardous waste in 90-day storage, failure to provide adequate aisle space at the facility's 90-day storage area, failure to provide annual training to company employees who handle hazardous waste and to maintain records of training sessions and failure to ensure that hazardous waste manifests are forwarded to the proper destination and/or generator's state. The OC&I ordered the Respondent to achieve compliance with the Regulations and assessed a penalty in the amount of $17,600.00.

Formal Enforcement Cases Settled or Resolved:

December 8, 2004 - OC&I/Wetlands File No. C01-0321 re: Richard and Maria Lauro for property located approximately 2,300 feet west of Anna Sayles Road, opposite utility pole 3-1 and approximately 3,800 feet west of the intersection of Anna Sayles Road and Ledgemont Drive at #8 Winsor Court, Assessor's Plat 29, Lot 343, in the Town of Lincoln. On January 14, 2004 OC&I issued an NOV alleging that the Respondents violated the Freshwater Wetlands Act and the Freshwater Wetland Regulations. The violations pertained to clearing, grubbing, grading, filling and constructing a concrete retaining wall on the property. This activity resulted in the unauthorized alteration of 7,500 square feet of Perimeter Wetland associated with a Swamp and 16,500 square feet of a Swamp, portions of which are Riverbank Wetland. In the NOV the Respondents were ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $2,000.00. The Respondents filed an appeal of the NOV with AAD. An administrative hearing was held on September 27, 2004. A Decision and Order signed by the Director on December 8, 2004 ordered the Respondents to restore the freshwater wetlands by May 1, 2005 and pay the administrative penalty of $2,000.00 within 30 days.

December 16, 2004 - OC&I/UST File No. 04-00416 re: Lyttle Realty, Ltd and Andy's Automotive Repair Corp. d/b/a S&S Automotive for property located at 4184 Post Road, Assessor's Plat 222, Lot 35 in the City of Warwick. On March 31, 2004 the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to annual testing requirements for UST leak detection equipment, monthly and annual testing of the UST continuous monitoring system; maintenance of test records, and overfill protection for USTs. The OC&I ordered the Respondents to comply with the Regulations by submitting all missing test records and providing verification that their USTs are equipped with overfill protection. OC&I assessed a penalty in the amount of $9,808.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to verify through documentation that compliance with some of the violations cited in the NOV had been met prior to issuance of the enforcement action. In addition, the Respondents verified that they were currently in compliance with the UST Regulations. For settlement purposes, the OC&I and the Respondents agreed to a penalty in the amount of $3,500.00. The penalty is to be paid within 90 days of the execution of the Consent Agreement.

December 22, 2004 - OC&I/UST File No. 03-BBSC re: The Town of Burrillville, Board of Sewer Commissioners for the Reservoir Road Pump Station at 377 Reservoir Road and the South Main Street Pump Station located at 1088 South Main Street in the Town of Burrillville. On November 14, 2003 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to operating UST systems that have not been registered with the RIDEM, installation of new underground tank systems without prior written notification to and approval by the Director, failing to permanently close or upgrade bare steel USTs and associated piping systems for corrosion protection no later than 22 December 1998, failing to install an automatic tank gauging system on single-walled USTs, precision testing requirements for UST systems, installation of spill containment basins and installation of overfill protection. The OC&I ordered the Respondent to submit a permanent closure application to RIDEM and to complete the removal of its USTs, submit a closure assessment and if necessary, based on information provided in the closure assessment, submit a Site Investigation Report and a Corrective Action Plan. The Respondent was also ordered to submit all applicable testing records and written verifications relating to automatic tank gauging systems, precision testing, spill containment and overfill. The OC&I assessed a penalty in the amount of $48,850.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to a penalty in the amount of $35,610.00. The OC&I agreed to accept $1,740.00 of the penalty in a cash payment and to allow $33,870.00 of the penalty to be offset in the form of a Supplemental Environmental Project ("SEP"). The SEP shall consist of the installation of an aboveground storage tank ("AST") in lieu of a UST at the facility. The Respondent agreed to complete the removal of its UST and replacement by an AST on or before September 30, 2005. The Respondent must document all costs associated with the project and otherwise document that the SEP has been completed in accordance with the Consent Agreement. The cash penalty in the amount of $1,740.00 was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

December 1, 2004 - Superior Court Case No. KC04-1024 re: Plaintiff Frederick J. Vincent, Acting Director, RIDEM vs. Defendant Maureen Kmon for property located at 10 Garden Street in the Town of Coventry, otherwise identified as Assessor's Plat 104, Lot 36. The Property includes a multi-family rental dwelling. On June 25, 2004 OC&I issued an NOV to the Defendant alleging that the Defendant violated the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. In the NOV the Defendant was ordered to cease the discharge of sewage and connect the sewerage system for the property to the town sewers. OC&I assessed an administrative penalty of $2,400.00. The Defendant failed to file an appeal of the NOV with AAD and failed to comply with the NOV. DEM filed a complaint in Superior Court requesting that the Court order the Defendant to connect to the town sewers and pay the administrative penalty.

Superior Court Actions Settled or Resolved:

December 13, 2004 - Superior Court C.A. No. PC04-1339 re: Plaintiff Frederick J. Vincent, Acting Director, RIDEM vs. Defendants Anthony Decesare and Phyllis Decesare for property located at 23 Peppermint Lane, Assessor's Plat 43, Lot 357 in the Town of Johnston. The property includes a single-family dwelling. On June 18, 2003 OC&I issued an NOV alleging that the Defendants violated the ISDS Regulations. The violation pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. In the NOV OC&I ordered the Defendants to immediately cease the discharge of sewage to the surface of the ground and repair the failed septic system. OC&I assessed a penalty in the amount of $2,000.00. The Defendants failed to file an appeal of the NOV with AAD and failed to comply with the NOV. DEM filed a complaint in Superior Court requesting that the Court order the Defendants to repair the failed septic system and pay the administrative penalty. The Defendants repaired the failed ISDS on October 22, 2004. The Court entered a Consent Judgment whereby the Defendants paid DEM a reduced administrative penalty of $1,600.00.