February 2002 Enforcement Action Summary

Actions Issued
Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of February 2002. 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:

February 11, 2002 - OC&I/LUST File No. 02-3312 re: R&L Service Station for property at 2160 Main Road, Assessor's Block 89, Lot 32A in the Town of Tiverton. The OC&I alleges that the Respondent violated Rhode Island's Water Pollution Control Law, Oil Pollution Control Regulations, Rules and Regulations for Groundwater Quality and the Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the discharge of pollutants/oil/petroleum to waters of the State and failure to submit a site investigation report in accordance with the UST Regulations. The OC&I ordered compliance with the UST Regulations consistent with necessary remediation of the release and assessed a penalty in the amount of $52,500.00.

February 11, 2002 - OC&I/UST File No. 02-02997 re: G&J Auto Services, Inc. for property located at 140 Webster Avenue, Assessor's Plat 108, Lots 422 and 455 in the City Providence. The OC&I alleges that the Respondent violated multiple sections of RIDEM's UST Regulations. The violations pertain to registration fees and associated late fees, corrosion protection requirements, precision testing of USTs, overfill protection, abandonment of UST systems, performance and submittal of a Closure Assessment and record keeping. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $19,920.00.

February 28, 2002 - OC&I/Septic System File No. CI 01-25 re: Foster/Glocester Regional School Department and its Ponagansett High School located at 137 Anan Wade Road, Assessor's Plat 9, Lot 28 in the Town of Glocester. The OC&I alleges that the Respondent violated DEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property. The OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent on or about March 5, 2001. At that time the Respondent hired a licensed ISDS designer to evaluate the system and pump the tank. The ISDS designer determined that the septic system was hydraulically overloaded and proposed five remedial measures to alleviate the problem. The Respondent implemented four of the remedial measures and was to continue monitoring the leachfield at the commencement of the school year in September 2001. Following implementation of the remedial measures, the septic system continued to fail and released sewage to the surface of the ground. As part of an ISDS designer's evaluation of the septic system, RIDEM learned that the Respondent previously constructed an addition to the school and increased the school population without ever applying for an ISDS System Suitability Determination. The OC&I ordered the Respondent to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system is repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. A penalty of $2,000 was assessed against the Respondent.

Formal Enforcement Cases - Settled or Resolved

February 15, 2002 - OC&I/AIR File No. 00-07 re: Stanley Fastening Systems, LP located at Briggs Drive in the Town of East Greenwich. On April 3, 2001, the OC&I issued an NOV to the Respondent alleging that on multiple occasions from 1993 through June 2000, the Respondent operated its manufacturing process in violation of Air Pollution Control Regulation No. 9 and its approved air pollution control permit. The violations pertained to operating its staple manufacturing process equipment that generates volatile organic compounds while bypassing its afterburner air pollution control equipment. The OC&I ordered compliance with the regulations and the Respondent's air pollution control permit. The OC&I assessed a penalty in the amount of $468,614.40. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV wherein the Respondent agreed to meet certain compliance requirements and to pay a penalty in the amount of $283,814.40. A portion of the penalty ($83,814.40) was authorized to be in the form of a Supplemental Environmental Project ("SEP") developed in accordance with RIDEM's policy on SEPs. The Respondent paid its cash penalty of $200,000.00 and submitted a proposed SEP to the OC&I for consideration in accordance with the consent agreement. Following review, OC&I advised the Respondent of concerns regarding the proposed SEP. The Respondent decided to forego the SEP and paid the remaining penalty of $83,814.40 in cash.

February 19, 2002 - OC&I/AIR File No. 01-10 re: Charbert Division of NFA Corp. for its facility located at 299 Church Street, Wood River Junction, in the Town of Richmond. On December 11, 2001, the OC&I issued a NOV alleging that the Respondent violated RIDEM's Air Pollution Control Regulations No. 1 entitled "Visible Emissions" and No. 6 entitled "Continuous Emissions Monitors". The visible emissions violation pertained to the Respondent's emission of air contaminants with greater than or equal to 20 percent opacity for more than three minutes in one hour. The emission monitor violation pertained to the facility's operation of fossil fuel fired steam-generating units without a fully operational and properly calibrated emissions opacity monitor with an audio alarm. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $1,750.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action. The consent agreement acknowledged that the Respondent has corrected the noncompliance and is now in compliance with the Regulations. A penalty in the amount of $1,400.00 was agreed to and Respondent has paid this penalty in full.