February 2011 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 2011. 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 4, 2011 - Air File No. 10- 14 re: Alexander Perry d/b/a Pyramid Painting. The subject properties are located at 27 Cushing Street and 710 River Avenue in the city of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 24 - Removal of Lead Based Paint from Exterior Surfaces. The violations involving the Cushing Street dwelling pertain to: operating a power sander to remove lead paint without a high efficiency particulate air (HEPA) filter to capture dust from the removal operation; installation of ground sheeting that was not anchored or weighed down to prevent lead paint from being deposited on the ground, and failure to close and securely seal a window on the side of the dwelling from which paint was being removed. The violations involving the River Avenue dwelling pertain to: operating a power sander to remove lead paint without a HEPA filter to capture dust from the removal operation; installation of ground sheeting that was not anchored or weighed down to prevent lead paint from being deposited on the ground; failing to mist the siding with water prior to manual scraping; and failure to notify abutters within fifty feet of the lead paint removal work. The inspections of the Cushing Street dwelling and River Avenue dwelling occurred on June 25, 2010 and July 26, 2010, respectively. In each case, the Respondent was notified of the violations and directed to properly clean the properties of all lead paint debris. The OC&I inspected the Cushing Street property on June 28, 2010 and the River Avenue property on July 28, 2010 and observed that the Respondent properly cleaned the properties of all lead paint debris. In the NOV, the OC&I assessed a penalty in the amount of $11,500.00.

February 8, 2011 - Underground Storage Tank File No. 2010-03035 re: Corado A. Dottor and Lucille Dottor for property located at 716 Hartford Avenue, Assessor's Plat 115, Lot 562 in the city of Providence. The property includes a gasoline service station and four underground storage tanks (USTs) used for storage of petroleum products. The Respondents own the property. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: compile and maintain inventory control records; retain a qualified tester to perform annual testing of line leak detectors; perform annual testing of shear valves; keep monitoring devices active except for repair and repair any malfunction within fifteen working days of its first occurrence; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; permanently label or mark all fill pipes and/or fill box covers so that the product in the tank is identified; and keep spill containment basins free of liquids. The violations were first observed during an inspection by the OC&I on June 3, 2010. The OC&I issued an informal written notice to the Respondents on July 1, 2010. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $8,532.00.

February 8, 2011 - Hazardous Waste File No. 2010-63 HW re: Albert Cerbo d/b/a Charisma Manufacturing Co., Inc. for a facility located at 400 Broad Street in the city of Central Falls. The facility electroplates costume jewelry, ornaments and specialty items and is registered with RIDEM as a large quantity hazardous waste generator. The Rhode Island Secretary of State's corporation database lists Charisma Manufacturing Co., Inc. as an inactive corporation. The company's corporate status was revoked on October 7, 2002. The record lists Albert Cerbo as the president of the company. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertain to Respondent's failure to: properly label all satellite containers holding hazardous waste; keep containers holding hazardous waste closed except when adding or removing waste; keep satellite containers at the point of generation and under the control of the operator; submit to RIDEM a list of agents authorized by the company to sign uniform hazardous waste manifests for shipments of hazardous waste; obtain copies of manifests signed by the designated facility receiving hazardous waste within thirty-five days or file an exception report with RIDEM; test and maintain fire protection equipment as necessary to ensure its proper operation at the time of emergency; prepare and maintain a contingency plan; provide training for all employees who manage hazardous waste; store used oil in containers with proper labels; properly label or mark universal waste or the containers in which the waste is contained; and demonstrate the length of time since the universal waste started being accumulated. The OC&I inspected the facility on May 18, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $38,870.00.

February 8, 2011 - Freshwater Wetlands File No. FW C06-0139 re: CJ Hakeem for property located at 336 Lakeshore Drive, Assessor's Plat 327, Lot 231 in city of Warwick. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and maintaining a lawn within the 50-foot Perimeter Wetland of Warwick Pond. This activity has resulted in the unauthorized alteration of approximately 1,700 square feet of freshwater wetlands. The Respondent did not receive approval from RIDEM to alter the freshwater wetlands. The OC&I inspected the property on July 27, 2006, May 31, 2007, October 18, 2007, May 21, 2008 and August 2, 2010 and documented the violation. The OC&I issued informal written notices to the Respondent on August 28, 2006 and January 17, 2007 and spoke with the Respondent on October 18, 2007 about the violation. The Respondent failed to comply with the notices. In the NOV, the OC&I ordered the Respondent to cease and desist immediately from any further unauthorized alteration of the Perimeter Wetland. The OC&I assessed an administrative penalty of $2,500.00.

February 9, 2011 - Underground Storage Tank File No. 2010-01948 re: New England Motor Freight, Inc. and Myron P. Shevell for property located at 400 Division Street, Assessor's Plat 25, Lot 337 in the city of Pawtucket. The property includes a trucking terminal and warehouse and underground storage tanks (USTs) used for storage of petroleum products (the facility). Myron P. Shevell owns the property. New England Motor Freight, Inc. operates the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: inspect the facility and complete and submit self-certification forms to RIDEM; maintain inventory control records; equip pressurized product pipelines with approved line leak detectors; perform annual testing of shear valves; keep monitoring devices active except for repair and repair any malfunction within fifteen working days of its first occurrence; respond immediately to alarms from leak monitoring devices; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; permanently label or mark all fill pipes and/or fill box covers so that the product in the tank is identified; keep spill containment basins free of liquids; and promptly investigate all suspected leaks or releases, including instances where release detection suggest a release may have occurred. The violations were first observed during an inspection by the OC&I on March 18, 2010. The OC&I issued informal written notices to New England Motor Freight, Inc. on April 14, 2010, June 22, 2010 and September 15, 2010 regarding the violations and spoke with a representative for New England Motor Freight, Inc. on October 6, 2010. New England Motor Freight, Inc. failed to fully comply with the notices. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $15,569.00.

February 10, 2011 - Underground Storage Tank File No. 2010-02875 re: Women & Infants Hospital of Rhode Island for property located at 101 Dudley Street in the city of Providence. The property includes a hospital and an underground storage tank (UST) used for storage of petroleum product (the facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: inspect the facility and complete and submit self-certification forms to RIDEM; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; and equip the UST with overfill protection. The violations were first observed during an inspection by the OC&I on July 29, 2010. The OC&I issued informal written notices to the Respondent on September 1, 2010, September 20, 2010 and October 7, 2010 and spoke with representatives for the Respondent on October 4, 2010 and November 15, 2010. The Respondent has failed to fully comply with the notices. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $13,069.00.

February 18, 2011 - Solid Waste File No. SW 2010-52 re: Bradley Real Estate Holding Group, Inc. for property located at 40 Canal Street in the town of North Smithfield. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulations. The violation pertains to the unauthorized disposal of approximately 131 cubic yards of solid waste (consisting of steel drums, construction and demolition debris, metal waste, and other mixed solid waste) and approximately 700 used tires on the ground. The OC&I inspected the property on November 12, 2009 and June 7, 2010 and documented the violation. On December 17, 2009, the OC&I issued an informal written notice to the Respondent for the violation; however, the Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to cease disposal of solid waste and to remove and properly dispose all solid waste from the property. The OC&I assessed an administrative penalty of $6,250.00.

February 18, 2011 - Underground Storage Tank File No. 2010-00720 re: The Estate of Marjorie G. McGinnes, M & C Associates, LLC and Clifford R. McGinnes, Jr. (d/b/a Ballard's Service Center) for property located at 596 Corn Neck Road, Assessor's Plat 5, Lot 9 in the town of New Shoreham. The property includes a gasoline service station and underground storage tanks (USTs) used for storage of petroleum products (the facility). The Estate of Marjorie G. McGinnes owns the property. M & C Associates, LLC and Clifford R. McGinnes, Jr. (d/b/a Ballard's Service Center) operates the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: inspect the facility and complete and submit self-certification forms to RIDEM; retain a cathodic protection tester to test sacrificial anode cathodic protection systems every three years; maintain inventory control records; perform monthly testing of the continuous monitoring system; permanently label or mark all fill pipes and/or fill box covers so that the product in the tank is identified; keep spill containment basins free of liquids; and bail and evaluate the water in all groundwater monitoring wells for visual and olfactory evidence of free product no less than once per year. The OC&I issued informal written notices to the Respondents on September 1, 2010, September 7, 2010 and December 13, 2010. The Respondents failed to comply with the notices. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $20,664.00.

February 21, 2011 - Air File No. 10- 20 re: Quarter Moon, Incorporated for a facility located at 200 Highpoint Avenue in the town of Portsmouth. On March 19, 2007, RIDEM's Office of Air Resources (OAR) issued operating permit RI-38-04(R1) to the Respondent to emit air pollutants from the facility. The permit requires the Respondent to adhere to the following emission limits: gel coats used in emission unit P001 (a gel coat spray booth), except those applied by brush, shall not have a volatile organic compound (VOC) content greater than 36.1% by weight and organic hazardous air pollutants (HAPs) from open molding operations shall not exceed the limit specified by an equation that is the weighted sum of the mass of resin and gel coat used, based on a twelve-month rolling average. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 29 - Operating Permits. The violations pertain to the failure to comply with the permit. On February 15, 2010, the Respondent submitted to the OAR its annual compliance certification report for calendar year 2009. The OAR's review of the report revealed that from May through November 2009 three gel coats used in emission unit P001 had a VOC content greater than 36.1% by weight and had not been applied by brush. On March 5, 2010, the Respondent submitted to the OAR a compliance report on HAPs emitted at the facility. The OAR's review of the report revealed that for calendar year 2009 the facility exceeded its HAP limit for each month. In the NOV, the OC&I assessed a penalty in the amount of $3,500.00.

February 21, 2011 - Air File No. 11- 01 re: Cumberland Quarry Corporation for a facility located at 6 Manville Hill Road in the town of Cumberland. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation of a diesel-fired generator with a heat input capacity of five million British Thermal Units (BTUs) per hour without a permit from RIDEM's Office of Air Resources (OAR). On July 14, 2010, the OAR inspected the facility. The inspection revealed that the Respondent installed a portable stone crusher powered by a diesel-fired generator. On September 20, 2010, the OAR received a letter from the Respondent. The letter stated that the equipment has a heat input capacity of 6.7 million BTUs per hour and was installed on March 15, 2010. On September 29, 2010, the OAR issued an informal written notice to the Respondent for the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to cease use of the equipment and either submit an application and fee to the OAR for a permit for use of the equipment or submit a statement to the OAR that the equipment has been disconnected, made non-operational or removed from service. In the NOV, the OC&I assessed a penalty in the amount of $7,500.00.

February 24, 2011 - Air File No. 11- 04 re: City of Cranston and Veolia Water North America - Northeast, LLC for a facility located at 910 Pontiac Avenue in the city of Cranston. The city of Cranston owns the facility and Veolia Water North America - Northeast, LLC operates the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation of an emergency generator fired by an internal combustion engine that is 50 horsepower or larger with an initial startup on or after November 15, 2007 without first obtaining a permit from RIDEM's Office of Air Resources (OAR). On January 20, 2011, the OAR received an application for an emergency generator at the facility. The application was for a 923 horsepower fuel fired emergency generator. The application stated that the generator was installed on June 11, 2010. In the NOV, the OC&I assessed a penalty in the amount of $2,500.00.

February 24, 2011 - Septic System File CI 10-111 re: Nicholas A. Annicelli and Sandra S. Annicelli for property located at 12 Capri Drive, Assessor's Plat 20, Lot 160 in the town of Johnston. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On September 24, 2010, the OC&I inspected the property and documented the violation. The OC&I inspector issued an informal written notice to the Respondents for the violation at the time of the inspection. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the sewerage system at the property to the public sanitary sewerage system and properly abandon the OWTS. In the NOV, the OC&I assessed an administrative penalty of $600.00.

Formal Enforcement Cases Settled or Resolved:

February 1, 2011 - Dam File No. 148 (Arctic Pond Dam) re: Natco Products Corporation for property located at 33 Factory Street in the town of West Warwick. The property includes a dam and associated spillway located on the Pawtuxet River. The dam is classified by RIDEM as High Hazard. The dam includes a flashboard structure on the spillway for the hydroelectric operation at the property. The flashboard structure consists of wooden boards that are fastened to the dam by metal brackets. The flashboard structure was designed so that the wooden boards break away during high flows. The Respondent owns the dam. On August 12, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the owner to maintain the dam in a safe condition. The OC&I inspected the dam on November 17, 2004, September 21, 2007, and March 15, 2010. The inspections revealed an inoperable low-level gate. The inspection on March 15, 2010 occurred during a significant rain storm. The water levels in the Pawtuxet River were above the height where the wooden boards were designed to break away. The inspection revealed that the wooden boards had failed to break away. A follow-up inspection on March 30, 2010 and March 31, 2010 during another significant rain storm revealed that the Respondent was working manually to break the wooden boards with a backhoe. The Respondent was able to remove sixty feet in length of wooden boards; however, fifty feet in length of wooden boards remain in place. In the NOV, the Respondent was ordered to remove the remaining wooden boards and repair the low-level gate. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. The Respondent argued that jurisdiction of the dam rests with the Federal Energy Regulatory Commission (FERC) and not RIDEM. RIDEM's legal counsel researched the case law, spoke with FERC attorneys, and concluded that, since the Respondent has an active FERC permit for the hydroelectric facility at the dam, Federal law preempts State jurisdiction of the dam and RIDEM has no regulatory authority over the dam. As such, the OC&I rescinded the NOV.

February 3, 2011 - Hazardous Waste File No. 2009-73 HW re: Schultz Boat Company, Inc. and Schultz Boat Company, LLC for its facility located at 19 Broad Common Road in the town of Bristol. The facility manufactures boats. On July 1, 2010, the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertained to Respondents' failure to: properly label each container (excluding satellite accumulation containers) holding hazardous waste; label all satellite accumulation containers with the words "hazardous waste" and other words to describe the contents of the container; provide a containment system for all drums and containers holding liquid hazardous waste in storage on site; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; store hazardous waste onsite for a period of time that does not exceed ninety days; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; complete a manifest with the required information for each shipment of hazardous waste; conduct weekly inspections of container storage areas looking for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection; equip the facility with spill control equipment of sufficient type and quantity to respond to spills or unplanned releases of hazardous materials and waste; and provide training for all employees who manage hazardous waste. In the NOV, the OC&I ordered the Respondents to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations and assessed an administrative penalty of $60,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the Order section of the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $15,000.00 in monthly installments of $1,000.00. The first installment was paid upon execution of the Agreement.

February 11, 2011 - Septic System File CI 09-063 re: John Martin, Jr. for property located at 27 Church Street, Assessor's Plat 4, Lot 129 in the town of North Smithfield. The property includes a dwelling and is owned by the Respondent. On March 22, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and repair the system, if needed, and assessed an administrative penalty of $2,200.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent submitted documentation to the OC&I to demonstrate that he had no financial ability to pay any portion of the penalty, so in the Agreement the OC&I waived the penalty.

February 14, 2011 - Septic System File No. 2007 743 IS and CI 07-102 re: Walter and Maria Harpin for property located at 40 Mapledale Street, Assessor's Plat 54, Lot 134 in the town of Coventry. The property includes a three-bedroom single-family dwelling and is owned by the Respondents. On March 21, 2008, the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and repair the system, if needed, and assessed an administrative penalty of $600.00. The Respondents did not file an appeal of the NOV with AAD. The Respondents complied with the Order section of the NOV and paid the full penalty to resolve the NOV.

February 17, 2011 - Air File No. 10- 07 re: Admiral Packaging, Inc. for a facility located at 10 Admiral Street in the city of Providence. RIDEM's Office of Air Resources (OAR) issued a permit to the Respondent on September 11, 2008 to emit air pollutants from its facility. The permit has the following conditions: maintain the operating temperature of its CCM regenerative thermal oxidizer (C003) at or above 1500 degrees Fahrenheit whenever volatile organic compounds (VOCs) are being discharged to the oxidizer and equip the emission units for the flexographic printing presses (P003 and P015) with an interlock to prevent operation of the presses if the operating temperature of C003 is less than 1500 degrees Fahrenheit. On May 5, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 29 - Operating Permits and its permit. The violations pertained to the failure to maintain the operating temperature of C003 at or above 1500 degrees Fahrenheit at all times when VOCs were discharged to the oxidizer and failure to set the interlock temperature of P003 and P015 at 1500 degrees Fahrenheit. In the NOV, the OC&I assessed an administrative penalty of $7,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $3,500.00, which was paid upon execution of the Agreement.

February 18, 2011 - UST File No. 09-00764 re: Elio's Real Estate, LLC and Tony's Cumberland Market, Inc. for property located at 290 Broad Street, Assessor's Plat 3, Lot 106 in the town of Cumberland. The property includes a gasoline service station and underground storage tanks (USTs) used for storage of petroleum products (the facility). Elio's Real Estate, LLC owns the property and Tony's Cumberland Market, Inc. operates the facility. On March 4, 2009 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertained to the failure to inspect the facility and complete and submit self-certification forms to RIDEM on or before June 30, 2007 for the USTs. The forms were submitted to RIDEM on November 19, 2008. In the NOV, the OC&I assessed an administrative penalty of $1,500.00. The Respondents filed an appeal of the NOV with AAD. On January 27, 2009, the OC&I issued a Letter of Noncompliance (LNC) to the Respondents alleging certain deficiencies with the UST Regulations at the facility. The Respondents failed to fully comply with the LNC. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV and the LNC. The Respondents agreed to submit written verification that inventory control records are being checked for discrepancies on a monthly basis and that the continuous monitoring system is being tested at least once per month to ensure that it is operating effectively. The Respondents also agreed to pay a penalty of $500.00, which was paid upon execution of the Agreement.

February 24, 2011 - Septic System File CI09-34 re: Scott Sellen and Debra Sellen for property located at 365 Ring Avenue, Assessor's Plat 295, Lot 233 in the city of Warwick. The property includes a 2-bedroom dwelling that is owned by the Respondents. On May 28, 2010, the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and repair the system, if needed and assessed an administrative penalty of $1,600.00. The Respondents filed an appeal of the NOV with AAD. The Respondents submitted documentation to the OC&I that demonstrated that they had no financial ability to repair the OWTS or pay any portion of the penalty. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to the following terms: retain a licensed septage hauler to pump the OWTS as often as necessary to prevent any and all overflows of sewage to the ground surface; discontinue all use of the washing machine at the property until the OWTS is repaired; install low flow water fixtures on the shower and sinks and install a 1.6 gallon per flush toilet; limit the occupancy of the dwelling to no more than 4 persons until the OWTS is repaired; and repair the OWTS within 60 days of any sale or transfer of ownership of the property. The OC&I waived the administrative penalty.

Superior Court Actions Issued:

February 23, 2011 - LUST File No. 03-1927 and Superior Court File No. PC 11-1049 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants John R. Gullison and KJ's Pub, Inc. for property located at 59-61 Aquidneck Avenue, Assessor's Plat 115 SE Lot 169-A in the town of Middletown. Defendant Gullison owned the property from July 31, 1995 until February 8, 1999 and reacquired the property on April 12, 2002. Defendant KJ's Pub owned the property from April 1, 1999 until April 12, 2002. The property was formerly operated as a gasoline service station and had underground storage tanks (USTs) used for the storage of petroleum product. The USTs were removed and permanently closed on October 25, 1995. On July 7, 2003 the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Water Pollution Control Act, RIDEM's Rules and Regulations for Groundwater Quality, RIDEM's Oil Pollution Control Regulations and portions of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the release or discharge of oil/petroleum to the waters of the State from the USTs, failure to complete a site investigation and failure to properly manage oil spill clean up debris. In the NOV the OC&I ordered the Defendants to retain a qualified environmental consultant, complete a site investigation and submit a site investigation report to RIDEM, and, if necessary, prepare a corrective action plan, and upon approval by RIDEM, implement said plan. The Defendants were also ordered to submit documentation of disposal of contaminated soil excavated from the property. In the NOV, the OC&I assessed an administrative penalty of $32,500.00. The Defendants did not file an appeal of the NOV with AAD and have failed to comply with the NOV. In the Superior Court complaint, RIDEM is asking the court to order the Defendants to come into compliance with the UST Regulations and pay the administrative penalty of $32,500.00.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.