December 2009 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 2009. 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 4, 2009 - Water Pollution File No. WP09-099 re: A.B.C. Realty Company for property located at 39 Manton Avenue in the city of Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0023019. The permit authorizes the Respondent to discharge boiler blow down water and condensed steam from oil heaters to the Woonasquatucket River. The permit requires the Respondent to submit to RIDEM a quarterly Discharge Monitoring Report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. The Respondent is also required to submit to RIDEM an annual fee of $400.00 by July 15th of each year. The OC&I alleges that the Respondent is in violation of RIDEM's Water Quality Regulations, RIDEM's RIPDES Regulations, and RIDEM's Rules and Regulations Governing the Establishment of Various Fees. The violation pertains to the late submittal of four DMRs for the periods of January 1, 2008-March 31, 2008; July 1, 2008-September 30, 2008; October 1, 2008-December 31, 2008; and January 1, 2009-March 31, 2009, and the failure to submit a DMR report for the period of April 1, 2009-June 30, 2009. The four DMR reports were submitted on August 26, 2008 (due April 15, 2008), February 17, 2009 (due October 15, 2008), February 17, 2009 (due January 15, 2009), and July 21, 2009 (due April 15, 2009), respectively. The violation also pertains to the failure to submit the $400.00 annual fee to RIDEM. In the NOV, OC&I ordered the Respondent to submit the DMR report for the period of April 1, 2009-June 30, 2009, a statement identifying the cause(s) of the reporting violations and steps taken to ensure future compliance and payment of the $400.00 annual fee. OC&I assessed an administrative penalty of $5,500.00.



December 4, 2009 - Water Pollution File No. WP 09-098 re: Glens Falls Lehigh Cement Company for property located at 25 Terminal Road in the city of Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001643. The permit authorizes the Respondent to discharge truck wash water and storm water to the Providence River. The permit requires the Respondent to submit to RIDEM a semi-annual Discharge Monitoring Report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. The OC&I alleges that the Respondent is in violation of RIDEM's Water Quality Regulations and RIDEM's RIPDES Regulations. The violation pertains to the late submittal of three DMRs for the periods of July 1, 2007-December 31, 2007; January 1, 2008-June 30, 2008; and July 1, 2008-December 31, 2008, and the failure to submit a DMR report for the period of January 1, 2009-June 30, 2009. The three DMR reports were submitted on August 27, 2008 (due January 15, 2008), February 18, 2009 (due July 15, 2008) and February 18, 2009 (due January 15, 2009), respectively. In the NOV, OC&I ordered the Respondent to submit the DMR report for the period of January 1, 2009-June 30, 2009 and a statement identifying the cause(s) of the reporting violations and steps taken to ensure future compliance. OC&I assessed an administrative penalty of $3,000.00.



December 16, 2009 - Air File No. 09-03 re: Providence Veterans Administration Medical Center for property located at 830 Chalkstone Avenue in the city of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of a 3M Steri-vac ethylene oxide (EtO) sterilizer without applying for or receiving a Minor Source Permit from RIDEM. The violation was first documented by RIDEM during an inspection on December 19, 2008. In correspondence dated February 12, 2009 the Respondent provided RIDEM with operational information for the sterilizer. The Respondent reported that EtO usage ranged from 14.0 pounds per year in 2003 to 12.72 pounds per year in 2008. APC Regulation No. 9 requires a permit for EtO usage over 1.0 pound per year. RIDEM issued a Notice of Alleged Violations (NOAV) to the Respondent on April 30, 2009. In response to the NOAV, the Respondent submitted a permit application and fee to RIDEM on June 9, 2009. In the NOV, OC&I assessed an administrative penalty of $2,666.00.



December 17, 2009 - Underground Storage Tank File No. 2009-02994 re: James J. Morris and The David J. and Theresa M. Morris Revocable Living Trust for property located at 1054 (a/k/a 1050) Narragansett Boulevard in the city of Cranston. The property includes a service station with one 8,000 gallon underground tank and one 10,000 gallon underground tank used for storage of gasoline. The OC&I alleges that the Respondents are in violation of the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations) The violations pertain to the failure to: compile inventory control records for the period of July 2005 through May 2008; retain a qualified person to test the line leak detectors in 2005 and 2007; test the impact valves in 2005 and 2007; retain a qualified person to test/certify the continuous monitoring system (CMS) in 2005 and 2007; and keep the spill containment basins and piping collection sump free of liquid. The violations were first observed during an inspection by OC&I on May 27, 2008. OC&I issued noncompliance letters on June 3, 2008, August 27, 2008, and November 7, 2008 requiring action to correct the violations. The Respondents submitted a report to RIDEM on October 15, 2008 to address the noncompliance; however, the report did not satisfy all the noncompliance issues. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed an administrative penalty of $6,313.00.



December 21, 2009 - Air File No. 09-07 re: FLO TV, Inc. for property located at 181 Tower Hill Road in the town of Cumberland. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of a John Deere 99-Horse Power (HP) diesel fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. RIDEM became aware of the violation when the Respondent submitted an application for a permit for the emergency generator on September 9, 2009. APC Regulation No. 9 requires a permit for an emergency generator that exceeds 50 HP. In the NOV, OC&I assessed an administrative penalty of $1,207.00.



December 30, 2009 - Air File No. 09-04 re: TEL Realty, LLC for property located at 91 Hartford Avenue in the city of Providence. RIDEM issued the Respondent Emissions Cap No. 07-78 on September 16, 2007 to emit air pollutants from its facility. The issuance of the Emissions Cap requires the Respondent to pay an annual compliance fee of $350.00 and submit to RIDEM annual air pollution inventory reports by April 15th of each year. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 14, entitled "Record Keeping and Reporting" and APC Regulation No. 28, entitled "Operating Permit Fees". The violations pertain to the failure to submit to RIDEM air pollution inventory reports for calendar years 2003 through 2008 and failure to pay the annual compliance fee of $350.00. RIDEM advised the Respondent of the violations on numerous occasions (in telephone calls and letters); however, the Respondent has failed to comply. In the NOV, OC&I ordered the Respondent to submit the air pollution inventory reports for calendar years 2003 through 2008 and pay the annual compliance fee of $350.00, along with a $70.00 late fee. OC&I assessed an administrative penalty of $17,500.00.



December 30, 2009 - Air File No. 09-02 re: Waterline Systems, LLC for property located at 225 Alexander Road in the town of Portsmouth. RIDEM issued permits to U.S. Watercraft LLC in 2004 and 2005 for its fiberglass boat manufacturing process equipment located at 226 West Shore Road in the town of Portsmouth. The company relocated to 225 Alexander Road and changed its name to Waterline Systems LLC. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of fiberglass boat manufacturing process equipment without applying for or receiving a Minor Source Permit from RIDEM. The violation was first documented by RIDEM during an inspection on January 23, 2009. The manufacturing of fiberglass boats generates air pollution releases that potentially exceed the regulatory permit threshold of one hundred pounds or more per day, or ten pounds or more per hour of any air contaminant or combination of air contaminants. RIDEM issued a Notice of Alleged Violations (NOAV) to the Respondent in March 2009 requiring submission of an application and fee. The Respondent failed to respond to the NOAV. In the NOV, OC&I ordered the Respondent to immediately cease use of the equipment and discontinue further use until a permit is issued by RIDEM, and either submit an application and fee to RIDEM for a permit or submit a statement to RIDEM that the processing equipment has been disconnected and made non-operational. OC&I assessed an administrative penalty of $22,767.00.

 

Formal Enforcement Cases Settled or Resolved:

December 9, 2009 - Oil Pollution Control File No. CI 08 - 01 re: Tuckertown Village Park, LLC for property located at 261 Leisure Drive off of Wordens Pond Road, Assessor's Plat 60, Lot 4 in the town of South Kingstown. On January 24, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations (OPC Regulations). The violations pertained to a release of No. 2 heating oil from an above ground home heating oil tank on the property. The tank was in place beneath the home and was partially buried. In the NOV OC&I ordered the Respondent to achieve all remedial requirements of the OPC Regulations and assessed a penalty in the amount of $6,656.88. The Respondent filed an appeal of the NOV with AAD. On or about May 11, 2009 the Respondent submitted to RIDEM a Remedial Action Plan (RAP) to remediate the contaminated soil. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to complete the remediation work in accordance with the schedule specified in the RAP. The Respondent also agreed to pay an administrative penalty of $3,656.88, which was paid upon execution of the Agreement.



December 22, 2009 - Water Pollution File No. 07-01 re: City of Cranston, Veolia Water North America Operating Services, LLC, Chapel Associates, LLC and Carpionato Properties, Inc. The City of Cranston (Cranston) is the owner of the Cranston Water Pollution Control Facility (Facility). The Facility receives wastewater through a sanitary sewer collection system (Collection System) that includes an 18 inch gravity sewer (18 inch gravity sewer) located near Sockanosset Crossroad in Cranston. Cranston is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0100013. The permit authorizes Cranston to discharge treated sanitary wastewater from the Facility to the Pawtuxet River. The RIPDES permit does not authorize any other discharges from the Facility or the Collection System. Veolia Water North America Operating Services, LLC (Veolia) operates the Facility and Collection System on behalf of Cranston. Chapel Associates, LLC (Chapel) owns property through which the 18 inch gravity sewer passes. Carpionato Properties, Inc. (Carpionato) is constructing a residential/commercial development on the property owned by Chapel. On January 18, 2007 OC&I issued a NOV to the Respondents alleging that the Respondents violated the RIPDES Permit, the Water Pollution Act, the RIDEM Water Quality Regulations, and RIDEM's RIPDES Regulations. The violation pertained to the unauthorized discharge of sanitary sewage from the 18 inch gravity sewer into the Pocasset River in February 2005 and October 2005 due to a blockage caused by rock debris in February 2005 and collapse of the 18 inch gravity sewer in October 2005. In the NOV Cranston was ordered to assess the structural integrity of the 18 inch gravity sewer. OC&I assessed an administrative penalty of $25,000.00 to Chapel and Carpionato and $25,000.00 to Cranston and Veolia. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV against Cranston and Veolia, OC&I, Cranston, and Veolia executed a Consent Agreement to resolve the enforcement action. Cranston and Veolia provided documents to RIDEM to demonstrate that the 18 inch gravity sewer was repaired and was structurally sound. Cranston agreed to pay a reduced penalty of $8,500.00 and stipulated that Veolia was not obligated to repair the 18 inch gravity sewer (prior to its collapse) and, accordingly, should be dismissed as a Respondent in the NOV. Cranston paid their penalty upon execution of the Consent Agreement. Prior to an administrative hearing on the NOV against Chapel and Carpionato, OC&I, Chapel, and Carpionato executed a Consent Agreement to resolve the enforcement action. Chapel and Carpionato agreed to pay a reduced penalty of $5,000.00, which was paid upon execution of the Consent Agreement.



December 23, 2009 - Site Remediation File No. 05-01 re: Getty Petroleum Marketing, Inc., Power Test Realty Company Limited Partnership and Getty Properties, Corporation for properties located at Dunellen Road and Dexter Road, Assessor's Map 204, Block 1, Parcels 9, 11 and 15 in the city of East Providence. Power Test Realty Company Limited Partnership (PTR) is the owner of Parcels 9 and 11. Getty Properties Corp. (GPC) is the owner of petroleum pipelines that are installed on Parcels 9 and 11. Getty Petroleum Marketing, Inc. (GPM) is the operator of the petroleum pipelines installed on Parcels 9 and 11. The petroleum pipelines extend east and west of Parcels 9 and 11 across easements and other parcels owned by PTR. On July 28, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act and Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations, Groundwater Quality Regulations, Water Quality Regulations and the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). The violations pertained to the release of gasoline from the petroleum pipelines on the property. The release of gasoline has resulted in pollutants entering the land and waters of the state of Rhode Island. In the NOV, OC&I ordered the Respondents to submit required studies, a response plan and a final remediation of the properties. OC&I assessed an administrative penalty in the amount of $50,000.00. The Respondents filed an appeal of the NOV with AAD. An administrative hearing was held at AAD on May 5 and 6, 2008. A Decision and Order was signed by the Director of RIDEM on October 20, 2008. The Decision and Order sustained in part and dismissed in part the NOV as follows: the NOV was dismissed against GPM and GPC; the NOV was sustained against PTR for discharging oil or petroleum into the waters of the State; and the NOV was dismissed against PTR for discharging pollutants to the waters of the State, violating the Groundwater Quality Regulations, violating the Water Quality Regulations, and violating the Remediation Regulations. PTR was ordered to comply with all remedial measures required pursuant to the Oil Pollution Control Regulations including payment of costs for removal and remediation. OC&I was ordered to recalculate the administrative penalty to reflect the violations for which PTR was found liable and advise AAD and PTR of the amount of the recalculated penalty. PTR was given an opportunity to contest the recalculated penalty at AAD or, absent a request for hearing, pay the recalculated penalty within forty-five (45) days. On October 5, 2009 OC&I filed with the AAD a Notice of Recalculated Penalty. The Notice of Recalculated Penalty described the method and basis for the recalculation and proposed an administrative penalty in the amount of $50,000.00. The Respondent did not request an administrative hearing on the recalculated penalty. A Decision and Order was signed by the Director of RIDEM on December 23, 2009. PTR was ordered to comply with the remediation actions ordered in the October 20, 2008 Decision and Order and pay an administrative penalty in the amount of $50,000.00 within forty five days. The Respondent has filed an appeal of the Decision and Order to Superior Court.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.