December 2005 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 2005. 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 6, 2005 - OC&I/Water Pollution File No. WP 05-14 x-ref 05-027 re: O. Ahlborg & Sons, Inc. The Respondent is a registered business within the State of Rhode Island that provides general building construction services. The Respondent was the general contractor during a building renovation/construction project located at 255 Promenade Street, Assessor's Plat 67, Lot 547 (the "project site") in the City of Providence. OC&I alleges that the Respondent is in violation of the Water Pollution Act, RIDEM's Water Quality Regulations and the RIDEM Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of pollutants (in the form of inorganic sediment) from the project site to the Woonosquatucket River that was associated with storm water runoff. Inspections by OC&I on August 25, 2004, September 29, 2004, and March 8, 2005 revealed that no sediment/erosion controls were in place prior to the inspection. The OC&I inspector advised the project manager on the August 25 and March 8 inspections to control sediment runoff from the project site; however, the Respondent failed to install and/or maintain appropriate erosion/sediment controls at the project site. The inspection on March 8, 2005 revealed a visible sediment plume in the Woonosquatucket River caused by stormwater runoff from the project site. In the NOV OC&I assessed a penalty in the amount of $7,246.00.



December 7, 2005 - OC&I/Water Pollution Control File No. 05-12 re: Scituate Leasing Corp. The Respondent is a registered business in the State of Rhode Island that provides equipment rental and leasing services. The OC&I alleges that the Respondent is in violation the Water Pollution Act, RIDEM's Water Quality Regulations, the Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations. The violations pertain to the release or discharge of petroleum onto or beneath the land surface and into the waters of the State and failure to undertake remedial requirements following a release of oil. On May 13, 2005 OC&I's Emergency Response personnel responded to a report of a diesel fuel spill from a traffic accident located at the intersection of Gleaner Chapel Road and Hartford Avenue in the Town of Scituate. The accident involved a collision between two tractor/semi-trailer trucks. The Respondent owns the tractor/semi-trailer truck that caused the accident. As a result of the accident, a total of approximately 120 gallons of diesel fuel spilled from the punctured fuel tanks of the trucks and mixed with approximately 6,000 gallons of water spilled from the punctured water tank trailer, mixed with the diesel fuel, and entered a nearby storm drainage system and two unnamed ponds on property identified as the Polseno Farm. The OC&I emergency responder advised the Respondent to hire an environmental contractor and take responsibility for the cleanup of the diesel fuel spill; however, the Respondent refused, stating that the company was not responsible for the spill. OC&I engaged Clean Harbors to conduct the environmental cleanup. In the NOV OC&I ordered the Respondent to reimburse RIDEM for the funds expended in the investigation and remediation of the diesel contamination (in the amount of $34,578.37) and assessed a penalty in the amount of $8,750.00.



December 8, 2005 - OC&I/Septic System File No. CI 01-223 re: David and Gabrielle Kass for property located at 258 Spencer Avenue, Assessor's Plat 220, Lot 219 in the City of Warwick. The Property includes one residential building. OC&I alleges that the Respondents are in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to the discharge of sewage from the septic system at the Property to the ground surface of an adjacent property owner. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on December 12, 2001 for a failed septic system on the property. An investigation at that time revealed that the inlet pipe to the system was submerged, indicative of a failed system. The NOI required the Respondents to reduce the discharge of sewage to the septic system, arrange to have the system pumped as needed to prevent sewage overflows, and have the septic system inspected by a licensed designer to determine the cause of the failure and repair the system, if needed. The Respondents failed to comply with the NOI. In response to complaints in August 2004 of sewage overflows onto the neighbor's property, OC&I conducted an investigation and dye test of the Respondent's septic system. The investigation determined that the Respondent's septic system was the source of the sewage. OC&I issued an NOI to the Respondents on January 4, 2005 for the sewage overflow. The NOI required the Respondents to reduce the discharge of sewage to the septic system, arrange to have the system pumped as needed to prevent sewage overflows, and have the septic system inspected by a licensed designer to determine the cause of the failure and repair the system, if needed. The Respondents did not believe the results of the OC&I dye test and retained a licensed designer to evaluate the septic system and perform an independent dye test. On February 22, 2005 OC&I received correspondence from the licensed designer confirming that the sewage was originating from the Respondent's septic system and that sewage had been observed on the neighbor's property on 8 separate dates. On April 7, 2005 OC&I received a report from the licensed designer on the work performed to correct the violation. The designer stated that an old abandoned pipe that connected the septic system to the neighbor's property was discovered and believed to be the cause of the sewage overflow. The designer stated that this pipe was cut and capped. OC&I issued a letter to the Respondents on May 2, 2005 requiring further investigation to conclusively demonstrate that the violation had been corrected. The Respondents failed to respond to the letter. OC&I continued to receive calls from the adjacent property owner in May, June, and July 2005 that sewage was overflowing onto their property. In the NOV the Respondents were ordered to immediately cease any further discharge of sewage, pump the septic system through a licensed septage hauler as often as necessary to prevent the discharge of sewage to the ground surface, and repair the septic system. OC&I assessed a penalty in the amount of $13,000.00.



December 8, 2005 - OC&I/Freshwater Wetlands File No. C01-0078 and Water Pollution File No. WP 05-13 re: the Rhode Island Resource Recovery Corporation for property located at 65 Shun Pike, otherwise identified as Assessor's Plat 43, Lot 402 in the Town of Johnston. The Respondent operates a solid waste management facility at the Property (the Facility). A Permit to Alter Freshwater Wetlands was issued by RIDEM on March 31, 1998 to the Respondent. The Permit authorized the alteration of freshwater wetlands associated with the relocation of Cedar Swamp Brook at the Facility. OC&I alleges that the Respondent is in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, the Freshwater Wetlands Act, and RIDEM's Freshwater Wetlands Regulations. The violations pertain to the failure to plant specific species and densities of herbaceous vegetation, trees, and shrubs throughout the 200-Foot Riverbank Wetland along both sides of the relocated Cedar Swamp Brook in accordance with the Permit. OC&I determined that between one-third to one-half of the required trees and shrubs were not planted (this equates to between 1,300 to 2,000 trees and shrubs). The violations also pertain to the construction of 2 gravel access roads in the Riverbank Wetland without approval from RIDEM and the discharge of pollutants (in the form of inorganic sediment) to Cedar Swamp Brook associated with storm water runoff from the compost storage area at the Facility. In the NOV the Respondent was ordered to immediately install erosion/sediment controls in the compost storage area to prevent sedimentation to Cedar Swamp Brook, remove all sediment deposited in Cedar Swamp Brook from the compost storage area, remove the gravel access roads, and plant the Riverbank Wetland with the vegetation, trees, and shrubs specified in the Permit. OC&I assessed a penalty in the amount of $8,965.00.



December 9, 2005 - OC&I/Freshwater Wetlands File No. C03-0311 re: Keith and Dawn Moors for property located approximately 100 feet east of Phillips Hill Road, approximately 325 feet southeast of the intersection of Phillips Hill Road and Whaley Hollow Road, behind house number 650 Phillips Hill Road, Assessor's Plat 312, Lot 5, in the Town of Coventry. Keith and Dawn Moors own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to filling (in the form of soil material, yard waste, and landscaping material), clearing, and creating soil disturbance within a 100 foot Riverbank Wetland and clearing within a Swamp. These activities have resulted in the unauthorized alteration of approximately 8,100 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on January 28, 2004 requiring restoration of the altered wetlands on the property. The Respondents failed to comply with the NOI. OC&I issued a Letter of Nonconformance to the Respondents on April 22, 2005 advising the Respondents that they had failed to comply with the NOI. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,200.00.



December 14, 2005 - OC&I/Septic System File No. CI 95-17 re: Lloyd A.G. Rustigian for property located at 10 Shady Brook Cove Road, Assessor's Plat 59, Lot 136 in the Town of Johnston. The Property includes a single family home. OC&I alleges that the Respondent is in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to the renovation of the single family home (by increasing the size of the dwelling by at least 250%) without first submitting an Application for a System Suitability Determination (SSD Application) to RIDEM to determine if the septic system on the property was adequate for the building renovation. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on January 23, 1995. The NOI required the Respondent to submit an SSD Application to RIDEM. The Respondent submitted correspondence to RIDEM on January 27, 1995 and July 5, 1995 stating that he did not intend to submit the SSD Application because he had not increased sewage flow to the system and he did not believe that the RIDEM had jurisdiction over the property. RIDEM provided additional information to the Respondent on July 5, 1995 to support its position that an SSD Application was required for the work completed at the property. An inspection on September 28, 2001 revealed that the exterior of the house was finished and rough framing was visible in the interior. In a telephone conversation with the Respondent on October 1, 2001 OC&I was advised that the Respondent still was of the opinion that RIDEM did not have jurisdiction over this matter and that it was his desire to contest RIDEM jurisdiction at a hearing. A follow up inspection on April 6, 2004 revealed that the condition of the house was unchanged from the September 2001 inspection. In the NOV the Respondent was ordered to submit an SSD Application to RIDEM. OC&I assessed a penalty in the amount of $800.00.



December 28, 2005 - OC&I/UST File Nos. ----

05-02160 re: Carmine Groccia d/b/a Charlies Mobil for property located at 247 Ashaway road, Assessor's Plat 24, Lot 48 in the Town of Hopkinton;

05-03300 re: The City of Providence for the Dunkin Donuts Center located at One LaSalle Square, Assessor's Plat 26, Lot 254 in the City of Providence;

05-00723 re: The Ginalski Family Company LLC and Striper Marina, Inc. for property located at 26 Tyler Point Road, Assessor's Plat 27, lot 120 in the town of Barrington;

05-00720 re: Clifford r. McGinnes, Sr. and the Estate of Marjorie G. McGinnes for property located at 596 Corn neck road, Assessor's Plat 5, lot 9 in the Town of New Shoreham;

05-18886 re: Hemisphere Management Corp. and Torretti Enterprises, LLC for property located at 1754 Mendon Road, Assessor's Plat 58, Lot 54 in the Town of Cumberland;

05-03176 re: INA Petroleum, Inc. for property located at 2862 Hartford Avenue, Assessor's Plat 57/3, Lot 61 in the Town of Johnston;

05-00431 re: Jeha Corp. and John Jeha, Inc. for property located at 76 Newport Avenue, Assessor's Plat 40, Lot 1008 in the City of Pawtucket;

05-00291 re: L.F. Associates, LLC and Star Petro, Inc. for property located at 173 Danielson Pike, Assessor's Plat 10, Lot 32 in the Town of Foster;

05-03034 re: LPRI, LLC for property located at Lincoln Park, 1600 Louisquisset Pike, Assessor's Plat 42, Lot 24 in the Town of Lincoln;

05-02640 re: Meelad Chammas d/b/a Chammas Auto Service for property located at 360 Plainfield Street, Assessor's Plat 108, Lot 264 in the City of Providence;

05-01948 re: New England Motor Freight, Inc. and Myron P. Shevell for property located at 400 Division Street, Assessor's Plat 25, Lot 288 in the City of Pawtucket;

05-02082 re: George Azar d/b/a Pace Energy for property located at 1156 (1160) Westminster Street, Assessor's Plat 32, Lot 529 in the City of Providence;

05-02996 re: Providence Petroleum, Inc., Charles C. Potter and Dianne C. Potter for property located at 1304 Eddy Street, Assessor's Plat 87, Lot one in the City of Providence;

05-02123 re: Richmond Airport, Inc. and Gordon Realty, Inc. for property located at 23 Heaton Orchard road, Assessor's Plat 7E, Lot 26 in the Town of Richmond;

05-01793 re: Robert Plasse and RGP I, Inc. for property located at 135 Putnam Pike, Assessor's Plat 40, Lot 100 in the Town of Johnston;

05-02128 re: Salem Silveira Land Company LLC and Salem's Gas and Market, Inc. for property located at 943 Main Street, Assessor's Plat 15C, Lot 14 in the Town of Warren;

05-03419 re: S B Automotive Enterprises, LLC for property located at the former Paul Bailey's Service Center 1245 Jefferson Boulevard, Assessor's Plat 268, lot 241 in the City of Warwick;

05-00577 re: S.G.A., Inc. and Three chicks Realty, LLC for property located at 400 Main Road, Assessor's Map 2-12, Block 169, Lot 58 in the Town of Tiverton;

05-01909 re: Speedy Petroleum, Inc. and Dikran Tashian for property located at 95 Warwick Avenue, Assessor's Plat 2/5, Lot 1346 in the City of Cranston;

05-02875 re: Women & Infants Hospital of Rhode Island for property located at 101 Dudley Street, Assessor's Plat 23, Lot 772 in the City of Providence;

05-01263 re: Brookfield Hills Service Center, Inc., Brookfield Service, Inc., Paul and Adelaide Silva for property located at 1245 Jefferson Boulevard, Assessor's Plat 268, Lot 241 in the City of Warwick;



On December 28, 2005 the OC&I issued NOVs to the abovementioned Underground Storage Tank ("UST") facility owners/operators for alleged violations of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the UST facilities noted above had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00.



On December 28, 2005, the OC&I issued NOVs alleging that the following UST facility owners and operators failed to comply with the deadline for filing certification statements and return to compliance plans as required by Rule 8.03 of the UST Regulations. The OC&I assessed a penalty in the amount of $1,500.00 per UST facility for late submissions.

05-01477; 01634; 01635; 01638 and 02125 re: RR Rondeau, Inc. and Fairlawn Oil Service, Inc. for properties located at 1051 Lonsdale Avenue, Assessor's Plat 7, Lot 43 in the City of Central Falls; 1030 Social Street, Assessor's Plat 21 B, Lot 67 in the City of Woonsocket; 935 Smithfield Avenue, Assessor's Plat 6, Lots 213 and 214 in the Town of Lincoln; 168 Lonsdale Avenue, Assessor's Plat 52, Lot 866 in the City of Pawtucket and 356 West Main road, Assessor's Plat 108, NW, Lot 73 in the Town of Middletown. OC&I assessed a penalty of $1,500.00 for each facility ($7,500.00 in total).

05-03681 re: Rubicon-NGP Providence RI, LLC and CB Richard Ellis - N.E. Partners, L.P for property located at 380 Westminster Street, Assessor's Plat 24, Lot 406 in the City of Providence;

05-00099 re: J&D's West Kingston Service, Inc. for property located at 3471 Kingstown Road, Assessor's Plat 22-4, Lot 46 in the Town of South Kingstown;

05-02574 re: St. Francis Weybosset Street Chapel, Inc. for property located at 58 Weybosset Street, Assessor's Plat 20, Lot 41 in the City of Providence.



December 28, 2005 - OC&I/UST File No. 05-00535 re: Sun Shine Convenience Corporation for property located at 5300 Post Road, Assessor's Plat 5, Lot 96 in the Town of Charlestown. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The UST facility has two 8000-gallon gasoline USTs. The violations pertain to Respondent's failure to upgrade bare steal sections of the product piping lines for the USTs to meet the corrosion protection requirements of the UST Regulations, failure to utilize the automatic tank gauging system (ATG) to perform monthly 0.2-gallon per hour leak tests for the USTs, failure to compile inventory control records for the USTs for the time period of 10 November 2004 through 20 September 2005, failure to perform tightness testing of the product piping lines during the year 2004, failure to perform annual functionality testing of the line leak detectors for the USTs, failure to test the ATG on a monthly basis to ensure that it was operating effectively from November 2004 through September 2005 (the printer for the ATG was malfunctioning at the time of inspection), failure to perform annual certification/testing of the ATG during the year 2004, failure to provide overfill protection for the USTs, failure to equip a groundwater monitoring well with required equipment and failure to submit to RIDEM completed compliance certifications and return to compliance plans as required by the ERP portion of the UST Regulations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,352.00.



December 29, 2005 - OC&I/UST File No. 05-01043 re: A. B. Munroe Dairy, Inc. and Armstrong Properties, LLC for property located151 and 170 North Brow Street, Assessor's Map 106, Block 2, Parcel 29 and Map 105, Block 4, Parcel 5 in the City of East Providence. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The UST facility has a 10,000-gallon gasoline UST (actually diesel) and a 300-gallon No. 2 Heating Oil UST registered with the RIDEM. The violations pertain to: an unregistered heating oil UST discovered at the 170 North Brow Street Property, Respondents' failure to notify RIDEM that they changed the material stored in the 10,000-gallon gasoline UST, failure to upgrade bare steel sections of the product piping line for the 10,000-gallon UST, failure to compile inventory control records for the 10,000-gallon UST from May 2002 through May 2005, failure to perform tightness testing of the product piping for the 10,000-gallon UST during the years 2000, 2001, 2003 and 2004, failure to perform annual certification/testing of the ATG during the years 1995 through 2004, failing to maintain the spill containment basin for the 10,000-gallon UST clear of solid debris and maintain the basin as required by the UST Regulations, failure to label the fill port of the 10,000-gallon UST to identify the material stored in the tank, allowing the release of diesel fuel over an area of approximately 500 square feet on the tank fill pad of the 10,000-gallon UST and failure to submit to RIDEM completed compliance certifications and return to compliance plans as required by the ERP portion of the UST Regulations. In the NOV, the OC&I ordered the Respondents to clean the area of released petroleum product and to ascertain whether any of the material has reached the ground surface beneath the tank pad and to what extent if any. The Respondents are required to remove all contaminated soil and to manage the clean up in compliance with RIDEM's Oil Pollution Control Regulations. The OC&I ordered the Respondents to achieve compliance with the UST Regulations on all other cited violations. A penalty in the amount of $16,298.00 was assessed for Respondents' noncompliance.

 

Formal Enforcement Cases Settled or Resolved:

December 1, 2005 - OC&I/UST File No. 04-03341 re: The Town of Smithfield Housing Authority. The property associated with the Smithfield Housing Authority is located at 7 Church Street, Assessor Plat 7, Lot 5A. On May 12, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to Respondent's failure to properly perform line tightness testing to its UST for three specific years, deactivation of the facility's continuous monitoring system ("CMS"), failing to conduct monthly testing of the CMS for three years, failing to conduct annual testing of the CMS for multiple years, failing to keep spill containment basins free of liquids and solid debris, lack of an overfill protection device, lack of a submerged fill tube, lack of a label to identify the fill port for its UST and failing to maintain applicable test records. In the NOV, OC&I ordered the Respondent to comply with the applicable UST Regulations. The NOV was originally issued to both the Town of Smithfield's Department of Public Works and the Housing Authority. In the NOV a total penalty in the amount of $30,671.00 was assessed for noncompliance at both UST facilities. Following receipt of the NOV, the Respondent filed an appeal of the NOV with the AAD. Prior to hearing on the contested enforcement action, the Respondent and the OC&I executed a Consent Agreement to resolve the case. The OC&I determined that Respondent's penalty amount in the NOV was $12,245.00. The Respondent proposed to conduct a Supplemental Environmental Project ("SEP") to offset the gravity portion of the penalty amounting to $8,230.00. The SEP consisted of removing the Respondent's UST and replacing it with an aboveground storage tank. The Respondent determined that the cost of conducting the SEP would be $11,660.00. The Respondent agreed to pay the remaining penalty of $4,015.00 to the OC&I. The SEP has already been completed.



December 8, 2005 - OC&I/UST File No. 04- 00113 re: Cumberland Farms, Inc. for property located at 852 Park Avenue, Assessor's Plat 17-D, Lot 305 in the City of Woonsocket. On April 8 2005 the OC&I issued a 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 ("the UST Regulations"). The violation pertained to the substantial modification of the UST facility by excavating the tank pad, siphoning together two USTs at the facility and abandoning the piping for a third UST at the facility. All of the work was performed without the written approval of the RIDEM. The Respondent has since complied with the UST Regulations and has obtained the necessary approval after the fact. The OC&I assessed a penalty in the amount of $5,000.00 for the noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.



December 13, 2005 - OC&I/Hazardous Waste File No. 05- 021 re: TPI Composites, Inc. for property located at 373 Market Street, Assessor's Plat 22, Lot 156 in the Town of Warren. On August 19, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and the Code of Federal Regulations pertaining to the management of hazardous waste. The violations pertained to Respondent's failure to properly label all hazardous waste satellite containers, failure to maintain satellite containers of hazardous waste at the point of generation and under the control of the operator, failure to keep all containers of hazardous waste closed unless adding or removing the hazardous waste from the container, failure to conduct weekly inspections for containers of hazardous waste and to maintain a log/record of the weekly inspections, failure to maintain a contingency plan for the facility to minimize hazards to human health and the environment in the event of an emergency, failure to provide annual hazardous waste management training to company employees that manage hazardous waste and to maintain adequate records on the training, and failure to submit to RIDEM the names and signatures of all agents authorized to sign hazardous waste manifests. The OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations and assessed a penalty in the amount of $13,464.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. In the agreement, the Respondent agreed to resolve all remaining issues of noncompliance within thirty (30) days of execution of the Consent Agreement and agreed to pay a penalty in the amount of $10,771.00. The agreed upon penalty was paid in full upon execution of the Consent Agreement.



December 13, 2005 - OC&I/Wetlands File No. C97-0330 re: Lucy V. DeLisi/Leo J. DeLisi, Trustee, for property located north of Scott Drive, at house number 8, west/northwest of the intersection of Scott Drive and Sylvia Lane, Assessor's Plat 26, Lot 199 in the Town of Lincoln. On March 28, 2003 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to the Respondent's failure to abide by multiple permit conditions associated with a permit issued by the RIDEM on April 27, 1990 and transferred to the Respondent on May 16, 1996. In addition, the Respondent altered approximately 12,000 square feet of a Pond and 50-foot Perimeter Wetland associated with the Pond beyond that authorized in the permit by clearing, grading, and constructing a dock and fountains. The Respondent did not comply with a Notice of Intent to Enforce (NOI) issued on December 16, 1997 and conducted further unauthorized alterations of freshwater wetlands. The OC&I ordered compliance with all permit conditions not met to date and ordered restoration of the unauthorized altered wetlands. A penalty in the amount of $5,000.00 was assessed against the Respondent. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, the Respondent removed the fountains from the Pond and executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondent agreed to restore the freshwater wetland on the property in accordance with a restoration plan approved by OC&I. OC&I agreed to allow the dock to remain. The Respondent agreed to pay a penalty of $2,400.00, which was paid to RIDEM upon execution of the Consent Agreement.



December 16, 2005 - OC&I/Freshwater Wetlands File No. C05-0012 re: Edward Kent for property located approximately 400 feet north of the intersection of Red Feather Trail and Indian Head Trail and immediately west of the terminus of Red Feather Trail, Assessor's Plat 34-2, Lot 77, in the Town of South Kingstown. The property is owned by Edward Kent and includes a single family dwelling and two (2) garages. On June 7, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to construction of a garage and foundation with associated filling (in the form of soil material and boulders), grading and creating soil disturbance within a 100-foot Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 4,900 square feet of freshwater wetland. In the NOV the Respondent was ordered to restore the altered wetlands by removing the garage and foundation. OC&I assessed a penalty in the amount of $3,500.00. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to restore the freshwater wetland on the property by removing the garage and foundation unless the Respondent advised DEM of his intent to file an Application to Alter Freshwater Wetlands to the DEM Office of Water Resources Freshwater Wetlands Permitting. DEM agreed to hold the restoration in abeyance if the Respondent filed an Application to Alter Freshwater Wetlands, obtains a permit that authorizes the wetland alterations to remain or authorizes the Respondent to alter wetlands on the property pursuant to a permit and Respondent complies with all conditions of the permit. The Respondent agreed to pay the full penalty of $3,500, which was paid to DEM upon execution of the Consent Agreement.



December 21, 2005 - OC&I/Solid Waste File No. 04-0028 re: Kent Farm Company Limited Partnership for property located at 25 Gemini Drive, Assessor's Map 207, block 25, Parcels 3, 9, 10 and 11 and Assessor's Map 207, Block 26, Parcel 15, in the City of East Providence. The Respondent operates Kent Farm Village consisting of 190 apartments and 60 townhouses on the property. On February 24, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Recycling Regulations. The violations pertained to the Respondent's failure to provide for the proper segregation of recyclable materials from non-municipal residential solid waste at the property. In the NOV, the OC&I ordered the Respondent to cease combining and co-mingling of recyclable materials and solid waste in containers and to immediately begin a recycling program. A penalty in the amount of $1,000.00 was assessed for the noncompliance. 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. In response to the NOV, the Respondent complied with the order portion of the NOV by implementing a recycling program at the property. The Respondent and the OC&I agreed to a reduced penalty of $750.00 to resolve the case.



December 28, 2005 - OC&I/Wetlands File No. C90-0140 re: Gary and Brad Johnson (Fraza/Pressley), for property located approximately 2,000 feet west of Weaver Hill Road and approximately 3,400 feet northwest of the intersection of Fish Hill Road and Weaver Hill Road, Assessor's Plat 304, Lot 32 in the Town of Coventry. On September 14, 1990 RIDEM issued an NOV to James E. and Scott Fraza alleging that they violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to filling into a pond; filling and excavating in a perimeter wetland; and excavating an area subject to storm flowage. These activities resulted in the unauthorized alteration of approximately 64,470 square feet of freshwater wetland. A penalty of $4,000.00 was assessed in the NOV. In 1992 Donald Pressley assumed ownership of the property. RIDEM and Mr. Pressley executed a Consent Agreement to resolve the enforcement action. Mr. Pressley agreed to restore all freshwater wetlands and to submit a plan and calculations that ensured that no significant impacts to wetlands would result from any changes in drainage on site. The agreement stipulated that all wetlands be restored by May 1, 1993 and required the submission of a plan within 30 days of execution of the Consent Agreement. The Consent Agreement was binding upon all successors and heirs. Mr. Pressley failed to comply with the Consent Agreement and eventually sold the property to Gary and Brad Johnson. After Gary and Brad Johnson took possession of the property they also failed to comply with the Consent Agreement. Mr. Gary Johnson finally restored the wetlands in March 1996. The drainage plan and engineering calculations was finally approved in December 2005. In order to close the enforcement action and to resolve all outstanding noncompliance penalties that had accrued, Gary Johnson agreed to pay $25,000 to RIDEM. Payment was received on December 19, 2005.



December 28, 2005 - OC&I/ UST File No. 04-00744 re: Fatima Realty, Inc. and Tariq Mahmud d/b/a 6-11 Express for property located at 119 East Main Street, Assessor's Plat 18, Lot 192 in the Town of West Warwick. On September 22, 2004 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The Respondents have 3 USTs at the facility consisting of a 10,000-gallon and 6,000-gallon gasoline UST and a 4,000-gallon diesel UST. On May 20, 2004, the OC&I conducted a compliance monitoring inspection of the facility and found that the Respondents were in non-compliance with the UST Regulations. The violations pertained to Respondents' failure to procure the services of a qualified cathodic protection tester to perform testing of the sacrificial anode cathodic protection systems for its USTs during the years 2000 and 2003, failure to maintain inventory control records for its USTs from May 2001 through May 2004, failure to install and operate a continuous annular or interstitial space electronic monitoring system for the product piping for their USTs, failure to perform monthly testing of its CMS from May 2001 through May 2004, failure to procure the services of a qualified person to perform annual testing of the CMS during the years 1999, 2000, 2002 and 2003, failure to maintain the spill containment basins free of water, product and debris, failure to maintain the piping collection sumps free of water and debris, and failure to upgrade or retrofit the tank pad observation wells to comply with construction requirements of the UST Regulations. In the NOV, the Respondent was ordered to clean and evacuate the piping collection sumps and spill containment basins for its USTs within ten days of receipt of the NOV and otherwise document compliance with the UST Regulations for all other violations cited in the NOV within 30 days of receipt of the NOV. A penalty in the amount of $14,017.00 was assessed against the Respondents for the alleged violations. The Respondents did not request a hearing on the NOV. In lieu of proceeding to Superior Court to enforce the NOV, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to achieve full compliance with the UST Regulations within thirty days of execution of the Consent Agreement and further agreed to pay a penalty in the amount of $10,614.00. The agreed upon penalty was paid in full.

 

Superior Court Actions Issued:

December 19, 2005 - Superior Court Case File No. PC 05-6443 and OC&I/Septic System File No. CI92-218 re: W. Michael Sullivan, PhD, Director of the RI Department of Environmental Management, Plaintiff, v. John Arcuri, Defendant for property located at 369 Main Street, Assessor's Plat 30-1, Lot 50, in the City of Cranston. The Property is owned by John Arcuri and includes a four-bedroom one story residential building. On June 6, 2005 the OC&I issued a NOV alleging that the Defendant violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violation pertains to a failed cesspool and the discharge of sewage to the surface of the ground. OC&I issued a Notice of Intent to Enforce (NOIE) to the Defendant on March 28, 2001. In the NOIE the Defendant was required to immediately take steps to reduce the discharge of sewage, pump the cesspool to prevent sewage overflows, and submit a plan to the RIDEM to repair the cesspool. The Defendant failed to comply with the NOIE. In the NOV the Defendant was ordered to reduce the discharge of sewage to the cesspool, pump the cesspool as needed to prevent sewage overflows, and repair the cesspool. OC&I assessed a penalty in the amount of $1,600.00. Defendant failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the Superior Court complaint, Plaintiff W. Michael Sullivan seeks an order of the court to require the Defendant to comply with the NOV and to pay the penalty of $1,600.00.



December 19, 2005 - Superior Court Case File No. PC 05-6434 and OC&I/Septic System File No. CI 92-337 re: W. Michael Sullivan, PhD, Director, of the Rhode Island Department of Environmental Management, Plaintiff v. Alfredo and Maria Dosanjos, Defendants for property located at 20 Division Street, Assessor's Plat 23, Lot 575, in the City of Pawtucket. The Property is owned by the Defendants and includes an automobile dealership. On June 6, 2005 the OC&I issued an NOV alleging that the Defendants are in violation of RIDEM's ISDS Regulations. The violation pertains to a failed cesspool and sewage overflows to the surface of the ground. OC&I issued a Notice of Intent to Enforce (NOIE) to the Defendants on August 13, 1999. In the NOIE the Defendants were required to take steps to reduce the discharge of sewage to the cesspool, pump the cesspool as necessary to prevent sewage overflows, and submit a plan to repair the cesspool. The Defendants failed to comply with the NOIE. In the NOV the Defendants were ordered to pump the cesspool as necessary to prevent sewage overflows and connect the sewerage system for the building to the public sewerage system. OC&I assessed a penalty in the amount of $3,200.00. The Defendants failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the Superior Court complaint, Plaintiff W. Michael Sullivan seeks an order of the court to require the Defendants to comply with the NOV and to pay the penalty of $3,200.00.



December 19, 2005 - Superior Court Case File No. PC 05-6440 and OC&I/RCRA File No. 02-010 re: W. Michael Sullivan, PhD, Director of the Rhode Island Department of Environmental Management, Plaintiff v. Paul Calenda and New England Industries, Inc., Defendants for property located at 472 Potters Avenue, Assessor's Plat 49, Lot 353 in the City of Providence. On August 28, 2002 the OC&I issued a NOV alleging that Defendants 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 Defendants' failure to characterize its waste generated at the property through chemical analysis and/or knowledge of the characteristics of the waste. The Defendants were informed of this requirement in a Letter of Noncompliance issued on 22 June 2001. The Defendants continued to generate waste without determining if the waste was hazardous. In the NOV, the OC&I ordered compliance with the Rules and assessed a penalty in the amount of $2,500.00. The Defendants failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendants' failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the Superior Court complaint, Plaintiff W. Michael Sullivan seeks an order of the court to require the Defendants to comply with the NOV and to pay the penalty of $2,500.00.



December 19, 2005 - Superior Court Case File No. PC 05-6441 and OC&I/RCRA File No. 02-021 re: W. Michael Sullivan, PhD, Director of the Rhode Island Department of Environmental Management, Plaintiff, v. Paul Calenda and Century Plating International, Inc., Defendants for property located at 472 Potters Avenue, Assessor's Plat 49, Lot 353 in the City of Providence. On August 28, 2002 the OC&I issued a NOV to the Defendants alleging that the Defendants 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 Defendant's failure to determine if any of its wastes generated at the property meet the definition of hazardous waste and apply the proper waste code to the waste. The Defendants also failed to prepare and submit a Biennial Report to RIDEM. The Defendants were informed of the requirement to characterize its waste in a Letter of Noncompliance ("LNC") issued on 29 October 2001. The Defendants continued to generate waste without determining if the waste was hazardous. The Defendants had also been informed of this requirement in a previous LNC on 11 October 1994. In the NOV, the OC&I ordered compliance with the Rules and assessed a penalty in the amount of $4,500.00. The Defendants failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendants' failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the Superior Court complaint, Plaintiff W. Michael Sullivan seeks an order of the court to require the Defendants to comply with the NOV and to pay the penalty of $4,500.00.



December 19, 2005 - Superior Court Case File No. PC 05-6439 and OC&I/Multi-media Solid Waste/UST File No. 03-012 re: W. Michael Sullivan, PhD, Director, Rhode Island Department of Environmental Management, Plaintiff, v. James H. Russell, Jr. and Robert Russell, Defendants for property located at 1 Reservoir Road, Assessor's Plat 48, Lot 34 in the Town of Smithfield. Victory Enterprises, Inc ("Victory") formerly owned the property. In 1993, RIDEM issued a NOV to Victory c/o James H. Russell, President. In the NOV, RIDEM alleged that Victory disposed of solid waste on the property. RIDEM ordered removal of the waste and assessed a penalty in the amount of $12,000.00. In 1994, Victory executed a Consent Agreement with the RIDEM and agreed to remove the solid waste cited in the 1993 NOV. Despite execution of the Consent Agreement, Victory failed to remove the waste. In January 2003, OC&I obtained an administrative inspection warrant to inspect the property. Following inspection of the property, OC&I issued an NOV on June 30, 2003 alleging that the Defendants violated Rhode Island's Refuse Disposal Act and RIDEM's UST Regulations. The solid waste violations pertain to maintaining approximately 300 cubic yards of mixed solid waste on the property consisting of used vehicle tires, auto rims, processed wood waste, scrap metal, box trailers, 55-gallon drums, truck bodies, wood pallets and other mixed solid waste. As a result of the inspection, OC&I found evidence of a UST system in place and alleged in the NOV that one or more USTs have been abandoned on the property in violation of the UST Regulations. In addition, OC&I discovered an electric transformer on the property that may contain hazardous waste. In the NOV, the OC&I ordered the Defendants to remove all solid waste from the property and to submit a permanent closure application for the USTs including a closure assessment report. The Defendants were also ordered to determine whether the transformer contains hazardous waste and, if it does contain hazardous waste, properly manage the waste pursuant to the Rules and Regulations for Hazardous Waste Management. A penalty in the amount of $27,500.00 was assessed in the NOV. The Defendants failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendants' failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the Superior Court complaint, Plaintiff W. Michael Sullivan seeks an order of the court to require the Defendants to comply with the NOV and to pay the penalty of $27,500.00.



December 19, 2005 - Superior Court Case File No. PC05-6442 and OC&I/LUST File No. 98-28105 re: W. Michael Sullivan, PhD, Director of the Rhode Island Department of Environmental Management, Plaintiff, v. Jordan Services, Inc., Defendant for property located at 344 Manton Avenue, Assessor's Plat 63, Lot 507 in the City of Providence. On March 31, 1999 the OC&I issued a NOV to the Defendant alleging that the Defendant was in violation of the Water Pollution Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations, RIDEM's Groundwater Quality Regulations and RIDEM's UST Regulations. The violations pertain to a release of petroleum products into the ground and ground waters of the State. The release resulted from USTs owned and operated by the Defendant at the property. The OC&I alleged that the Defendant failed to submit a Site Investigation Report ("SIR") as required by RIDEM's UST Regulations to ascertain the extent of contamination in the ground and the ground water and failed to submit a Corrective Action Plan ("CAP") to resolve the contamination on the property. In the NOV, the OC&I ordered the Defendant to complete a SIR, to complete a CAP, to monitor remediation of the property until such time as all soils and ground water are adequately treated and reimburse RIDEM for all funds expended in the investigation and remediation of the property. A penalty in the amount of $34,500.00 was assessed in the NOV. The Defendant failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. Prior to filing a complaint in Superior Court, the Plaintiff attempted to resolve this enforcement action through mediation. Plaintiff negotiated with this Defendant in an attempt to resolve this enforcement action from November 2004 through October 2005. In October 2005, Plaintiff withdrew from mediation in order to seek a court order to achieve compliance. In the Superior Court complaint, Plaintiff W. Michael Sullivan seeks an order of the court to require the Defendants to comply with the NOV and to pay the penalty of $34,500.00.

 

Superior Court Actions Settled or Resolved:

None resolved this month.