February 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 February 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:

February 1, 2005 - OC&I/Water Pollution File No. WP 05-02 re: Rhode Island Resource Recovery Corporation for its solid waste management facility located at 65 Shun Pike, Assessor's Plat 43, Lot 402 in the Town of Johnston. OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of pollutants (in the form of inorganic sediment) from the facility to waters of the State identified as Simmons Reservoir and Cedar Swamp Brook. In the NOV the Respondent was ordered to install two additional siltation barriers in a storm water sedimentation basin at the facility, submit information relative to the use of floc logs and other chemical additives to aide in settling of sediment in the storm water basin, and submit a report prepared by a registered professional engineer that identifies alternatives for controlling sediment from the facility. In addition, the Respondent was ordered to submit a plan to remove sediment from Simmons Reservoir. OC&I assessed a penalty in the amount of $100,000.00.

February 03, 2005 - OC&I/Oil Pollution Control File No. 04-02 re: the Cove Haven Corporation and Drew Oil Corporation for property located at 101 Narragansett Avenue, Assessor's Plat 13, Lot 2 in the Town of Barrington. The OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations ("the OPC Regulations"), RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and Title 40, Part 280, Section 30 (a) of the Code of Federal Regulations pertaining to spill and overfill control at UST facilities. The violations pertain to the release of gasoline to the surface of the ground and to nearby coastal waters known as Bullocks Cove. The overfilling of a UST at the property caused the release. The overfilling resulted from the transfer of gasoline to the UST and the Respondents' failure to constantly monitor the transfer of the gasoline. The Respondents procured the services of an environmental clean-up contractor to remediate the release of gasoline but failed to submit written verification that the gasoline release had been remedied. The Respondents have not submitted a written release report to RIDEM as required by the UST and OPC Regulations. The OC&I ordered the Respondents to submit a written release report to the RIDEM. A penalty in the amount of $11,500.00 was assessed in the NOV.

February 4, 2005 - OC&I/Multi-Media - Amended Notice of Violation - RCRA File No. 04-082 and Solid Waste File No. 04-0034 re: Roland G. Bowley and Rose Townsend for property located on and adjacent to Townsend Road, Assessor's Plat 11, Lot 57 in the Town of Hopkinton. The Town of Hopkinton owns Townsend Road. Respondent Rose Townsend owns property identified as Assessor's Plat 11, Lot 57. Townsend Road is a dead end road in the vicinity of the Townsend property. Respondent Bowley operates a scrap metal salvage business on both Townsend Road and the property owned by Rose Townsend. On January 5, 2005, the OC&I issued a NOV to the Respondents alleging that the Respondents are in violation of Rhode Island's Refuse Disposal Act, Rhode Island's Oil Pollution Control Act, RIDEM's Rules and Regulations for Hazardous Waste Management, the applicable Code of Federal Regulations regarding hazardous waste management enforceable by the RIDEM and RIDEM's Site Remediation Regulations. The violations alleged by the OC&I are outlined in RIDEM's Enforcement Web Page update for January 2005. Following issuance of the original NOV, the OC&I discovered that the actual enforcement documents received by the Respondents was missing a page that was deleted during copying procedures. The OC&I corrected the error by issuing an Amended NOV to the Respondents.

February 17, 2005 - OC&I/Freshwater Wetlands File No. C 04-0030 re: Stephen and Gail Tolias for property located north of Spring Grove Road, adjacent to house number 211, and north of the intersection of Spring Grove Road and Glen Drive at utility pole No 30, Assessor's Plat 13, Lot 156, in the Town of Glocester. The property was previously owned by the Religious Humanitarian Alliance of the World, Inc, and was transferred to the Respondents on July 6, 2000. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to alterations of freshwater wetlands beyond the approved limits authorized in a permit that was issued by RIDEM to the previous owner of the property on June 23, 2000. The activities have resulted in the unauthorized alteration of approximately 22,400 square feet of Riverbank Wetland. RIDEM issued notices to the Respondents on December 6, 2001 and June 30, 2003 requiring restoration of the altered wetlands. The Respondents failed to comply with the notices. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00.

February 22, 2005 - OC&I/Solid Waste File No. 04-027 re: Donald and Dorothy Desper for property located at 282 and 288 Quaker Highway, Assessor's Plat 1, Lots 325, 356 and 128, in the Town of North Smithfield. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act. The violations pertain to the storage and disposal of solid waste at other than a licensed solid waste management facility. On or about March 1, 2002 an inspection of the property by the OC&I found approximately 50 cubic yards of solid waste. The OC&I issued a Letter of Noncompliance to the Respondents on March 25, 2002 requiring that the waste be removed from the property. A subsequent inspection on June 25, 2002 revealed the waste had been removed. On February 27, 2004 an inspection by OC&I revealed the presence of approximately 250 cubic yards of mixed solid waste on the property. The OC&I issued a Notice of Intent to Enforce to the Respondents on March 15, 2004 and required that the Respondents remove the solid waste within 60 days of receipt. As of June 30 2004, an inspection revealed approximately 124 cubic yards of mixed solid waste remained on the property and evidence revealed that the Respondents were burning solid waste on the property. In the NOV, the OC&I ordered the Respondents to cease the disposal of solid waste on the property, remove all solid waste within 60 days of receipt of the NOV and dispose of the waste at a licensed solid waste management facility. A penalty in the amount of $3,500.00 was assessed in the NOV.

February 22, 2004 - OC&I/RCRA File No. 04-041 re: Arlington Auto Body, Inc. for property located at 1211 Cranston Street, Assessor's Plat No. 7, Lot No. 3666 in the City of Cranston. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"). The violations pertain to the Respondent's failure to properly label a container of hazardous waste, failure to characterize all waste generated at the facility as to whether the waste is hazardous and failure to file with the RIDEM a list of those agents authorized to sign the uniform hazardous waste manifest on behalf of the company. On April 5, 2004, the OC&I issued a LNC to the Respondent advising the Respondent of its obligations to comply with the Hazardous Waste Regulations and to verify compliance with the OC&I. The Respondent failed to respond to OC&I's LNC. In the NOV, OC&I ordered the Respondent to comply with the Hazardous Waste Regulations and assessed a penalty in the amount of $2,500.00.

February 22, 2005 - OC&I/RCRA File No. 04-073 re: Manuel Cruz d/b/a Jack's Auto Body for property located at 100 Bay Street, Assessor's Plat No. 8, Lot No. 15A in the Town of Tiverton. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"). The violations pertain to the Respondent's failure to properly mark a container of hazardous waste with the date upon which the waste first began to accumulate and failure to characterize all waste generated at the facility as to whether the waste is hazardous. On July 15, 2004 the OC&I issued a LNC to the Respondent requiring the Respondent to comply with the Hazardous Waste Regulations. As of the date of the NOV, the Respondent failed to comply with OC&I's LNC and remains in noncompliance with the Hazardous Waste Regulations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations within a specified time period and assessed a penalty in the amount of $2,000.00.

February 23, 2005 - OC&I/ Water Pollution File No. 05-06 re: Smithfield Sewer Authority (SSA) and Veolia Water North American Operating Services, Inc (Veolia). SSA is the owner of the Smithfield Wastewater Treatment Facility (the Facility) and Veolia operates the Facility on behalf of SSA. OC&I alleges that the Respondents are in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertain to the discharge of pollutants in October 2003 (in the form of total suspended solids, carbonaceous biochemical oxygen and, and total ammonia) from the Facility to the Woonosquatucket River in concentrations that exceeded the limits in SSA's wastewater discharge permit and the failure to immediately report the violations to RIDEM. The permit requires SSA to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The permit also requires SSA to immediately report to RIDEM violations of the daily maximum limits. Veolia submitted a letter to RIDEM on behalf of SSA on November 15, 2003 enclosing the DMR Forms. In the letter Veolia identified the violations that had occurred and stated that the cause of the violations was operator error. During the transfer of wastewater sludge to a tanker truck the operator failed to close a valve allowing sludge to enter a floor drain and discharge to the primary clarifiers. In the NOV OC&I assessed a penalty in the amount of $ 8,750.00.

February 24, 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. The OC&I alleges that the Respondent is in violation of RIDEM's Recycling Regulations. The violations pertain 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.

February 24, 2005 - OC&I/ Water Pollution File No. WP-05-01 re: Blackstone Smithfield Corp. The Blackstone Smithfield Corp. is the owner and operator of the Blackstone Smithfield Corporation Wastewater Treatment Facility (the Facility). OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertain to the discharge of pollutants (in the form of fecal coliform bacteria) from the Facility to the Blackstone River in concentrations that exceeded the limits in the Respondent's wastewater discharge permit and the failure to immediately report the violations to RIDEM. The permit requires the Respondent to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The permit also requires the Respondent to immediately report to RIDEM violations of the daily maximum limits. RIDEM reviewed the Respondent's DMR Forms from January 2000 through April 2003. The review revealed that the Respondent violated the permit limits for 28 of the 40 months. Inspections by RIDEM on September 26, 2002 and October 3, 2002 also revealed that the Respondent failed to properly chlorinate the wastewater discharging from the Facility. The Respondent failed to report these violations to RIDEM either verbally or on the DMR Forms. RIDEM issued a Notice of Significant Non-Compliance (SNC) to the Respondent on April 30, 2003. The SNC Notice advised the Respondent of the violations involving non-compliance with the permit limits and the failure to report the violations. The Respondent submitted a letter to RIDEM on May 15, 2003 in response to the SNC Notice stating that the company was unaware it had violated the permit. The reported values of 1600 fecal coliform bacteria occurred so frequently that the Respondent thought this value was in compliance with the permit. It was not until the RIDEM inspection in October 2002 did the Respondent become aware of the violations. A follow up inspection on May 20, 2003 revealed that the Respondent was again failing to properly chlorinate the wastewater. RIDEM reviewed the DMR Forms from May 2003 through June 2004. The review revealed that the Respondent violated the permit limits for 3 of the 14 months. The Respondent failed to report these violations to RIDEM either verbally or on the DMR Forms. In the NOV the Respondent was ordered to maintain compliance with the discharge limits in the permit and comply with reporting requirements in the permit. OC&I assessed a penalty in the amount of $236,333.00.

February 25, 2005 - OC&I/Hazardous Waste File No. 04-070 re: the Rhode Island Hospital for property located at 593 Eddy Street, Assessor's Plat 22, Lot 349 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management (the "Hazardous Waste Regulations"). The violations pertain to the Respondent's failure to label satellite containers (100 in number) holding hazardous waste, failure to keep containers of hazardous waste closed except when adding or removing waste, failure to ensure that all storage containers of hazardous waste have an accumulation start date on the hazardous waste labels, failure to provide annual training to all employees who handle hazardous waste and to maintain records of the training, and failure to properly manage universal hazardous waste at the property. The OC&I first inspected the Respondent's facility on 14 and 15 June 2004 and discovered the alleged violations. The OC&I advised the Respondent of the violations and actions necessary to achieve compliance. The OC&I conducted follow up inspections of the facility on 17 September and 1 October 2004 and confirmed that all violations were corrected. In the NOV, the OC&I assessed a penalty in the amount of $11,100.00 for the Respondent's previous noncompliance.

Formal Enforcement Cases Settled or Resolved:

February 1, 2005 - OC&I/Freshwater Wetlands File No. C-1550 re: G.H. Mills, Inc. for property located west of Kenyon Avenue, south of Webster Street, otherwise known as Plat 9B, Lot 527 in the City of Pawtucket. On January 18,1985 RIDEM issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to filling in a wetland in the form of tires and other solid waste. In the NOV, OC&I ordered the Respondent to restore the freshwater wetlands. RIDEM assessed a penalty in the amount of $1,000.00. The Respondent appealed the NOV. Prior to an administrative hearing on the NOV, the Respondent and RIDEM executed a Consent Agreement on March 20, 1985 to resolve the NOV. The Respondent agreed to restore the freshwater wetlands by May 1, 1985. RIDEM waived the penalty that was assessed in the NOV. The Respondent removed some of the tires and other solid waste from the wetlands; however, the Respondent failed to complete the restoration. Cottage Plaza Associates; LLC purchased the property and completed the remaining restoration work in January 2005. On January 28, 2005, an inspection by RIDEM revealed that all tires and other solid waste had been properly removed from the freshwater wetlands.

February 10, 2005 - OC&I/Septic System File No. CI 01-183 re: Emma Cotto and Francisco Santiago for property located at 37 Woodhaven Road, Assessor's Plat 60, Lot 15 in the Town of North Kingstown. The Property includes a single-family residential dwelling. On March 1, 2004 OC&I issued an NOV to the Respondents alleging that the Respondents 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 Respondents were ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $1,800.00. The Respondents failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, OC&I referred the case to mediation. The Respondent submitted an application to repair the failed system, which was approved by RIDEM on December 29, 2004. Following mediation of the case, the Respondent repaired the failed septic system and paid the full administrative penalty.

February 10, 2005 - OC&I/UST File No. 04-00749 re: Cumberland Farms, Inc. and Diamond Hill Market and Gas, Inc. for property located at 3 Pine Swamp Road, a/k/a 12 Bound Road, Assessor's Plat 50, Lot 25, in the Town of Cumberland. On April 27, 2004 the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to inventory record keeping requirements for UST systems and tank tightness testing requirements including record keeping for testing records. On December 5, 2003, OC&I issued a Letter of Non-Compliance to the Respondents requiring them to achieve compliance with the UST Regulations. The Respondents submitted some information in response to the LNC but did not fully comply with the UST Regulations. Following the initial response from the Respondents, OC&I uncovered additional non-compliance with the UST Regulations. In the NOV, OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $8,800.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show that the facility is now in compliance with the UST Regulations and were able to document that they were in compliance with the UST Regulations for a portion of the violations alleged in the NOV. The OC&I agreed to a reduced penalty in the amount of $4,700.00 and the Respondents paid the penalty upon execution of the Consent Agreement.

February 15, 2005 - OC&I/UST File No. 04-01058 re: Cumberland Farms, Inc. for property located at 2261 Pawtucket Avenue, Assessor's Map 406, Block 13, Parcel 1 in the City of East Providence. On February 10, 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 precision test its UST systems and submit the test reports, failure to conduct line tightness testing for UST systems, abandonment of its UST systems and temporarily closing a UST system for more than 180 days without the approval of the Director. The OC&I ordered the Respondent to submit past due line tightness testing records for those years that testing was required and assessed a penalty in the amount of $13,089.00. 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. The Respondents were able to show that the facility is now in compliance with the UST Regulations and were able to document that they were in compliance with the UST Regulations for a portion of the violations alleged in the NOV. The OC&I agreed to a reduced penalty in the amount of $7,615.00 and the Respondents paid the penalty upon execution of the Consent Agreement.

February 21, 2005 - OC&I/Septic System File No. L0973 re: Daniel DuBreuil for property located at 38 Massachusetts Avenue, Assessor's Plat 21, Lot 149 in the Town of Cumberland. On April 3, 2001 OC&I issued a Notice of Violation and Suspension of License to the Respondent alleging that the Respondent violated Rhode Island General Law Sections 5-56.1-8, 42-17.1-2(u) and 42-17.6-3 and RIDEM's ISDS Regulations. The violation pertained to altering and repairing an existing septic system without approval from the Director. The OC&I ordered that License No. L0973 issued to the Respondent be suspended for six (6) months. The OC&I assessed a penalty in the amount of $1,000.00. The Respondent failed to file an appeal of the NOV with AAD. The Respondent's license was suspended for six (6) months; however, the Respondent failed to pay the administrative penalty so RIDEM did not reinstate his license. OC&I retained a private collection agency to collect the penalty, which was paid. The Respondent's license has been reinstated.

February 22, 2005 - OC&I/Septic System File No. CI00-217 re: Tai Dee Garden, Inc. and Roy and Nancy Lacroix for property located at 1134 Bald Hill Road, Assessor's Plat 255, Lot 26 and 1150-1160 Bald Hill Road, Assessor's Plat 255, Lot 28 in the City of Warwick. Plat 255, Lot 26 includes a restaurant and is owned by Tai Dee Garden, Inc. and Plat 255, Lot 28 includes two (2) commercial buildings and is owned by Roy and Nancy Lacroix. On September 17, 2002, OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's ISDS Regulations. The violation pertained to discharging sanitary sewage to the surface of the ground from the septic system located on Plat 255, Lot 26. In the NOV OC&I ordered the Respondents to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty in the amount of $7,000.00. The Respondents filed an appeal of the NOV with AAD. Respondent Tai Dee Garden closed the restaurant on or about January 2003. Respondent Tai Dee Garden submitted an application to RIDEM to convert the restaurant building to office/retail space, which was approved by RIDEM. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. Respondent Tai Dee Garden agreed to keep the restaurant building vacant until Respondent Roy and Nancy Lacroix install a separate septic system for the commercial buildings, which must be constructed by May 2005. OC&I and the Respondents agreed to a penalty of $3,000.00. The penalty was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

February 28, 2005 - OC&I/Septic System File No. CI99-267 and Superior Court File No. PC04-5455 re: Plaintiff Frederick J. Vincent, Acting Director, RIDEM vs. Defendant Gino Costantino for property located at 1A Snagwood Drive, Assessor's Plat 13, Lot 27 in the Town of Foster. On June 13, 2001 OC∓I issued a NOV to the Defendant alleging that the Defendant violated the ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property for at least 1 1/2 years. In the NOV OC∓I ordered the Defendant 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. OC∓I assessed a penalty in the amount of $3,000.00. The Defendant appealed the NOV to the AAD. On March 31 and April 2, 2003 an administrative hearing on the NOV was held before the AAD. On April 15, 2003 the Director of RIDEM issued a final Decision and Order requiring the Defendant to prevent any and all sanitary sewage from overflowing onto the property; take steps to reduce the discharge of sewage to the septic system; have the system inspected by a licensed designer to determine the cause of failure; submit a repair application to correct the failure and implement the repair upon approval by RIDEM; and pay a penalty of $3,000.00. The Defendant failed to comply with the Decision and Order. On October 7, 2004 RIDEM filed a Superior Court Complaint against the Defendant. In the Superior Court Complaint, Plaintiff Acting Director Vincent sought relief including full compliance with the Decision and Order. On February 28, 2005 an Order was entered by the Court requiring the Defendant to pump the septic system and disconnect the building sewer from the septic tank by excavating the building sewer pipe to the tank, cutting the building sewer pipe, and filling the building sewer pipe with concrete. The Court ordered the Defendant to repair the septic system prior to the transfer of the property to a new owner. The Court ordered that the penalty be paid in full. The Defendant complied with the Order to disconnect and cap the building sewer pipe. The Defendant has failed to pay the $3,000.00 penalty and RIDEM will take additional action to collect the penalty.