January 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 January 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:

January 5, 2005 - OC&I/Multi-Media - 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. OC&I alleges in the NOV 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 pertain to the unauthorized storage and disposal of approximately 9,000 cubic yards of mixed solid waste on the Townsend property and approximately 1,780 cubic yards of solid waste on Townsend Road. In addition, hazardous waste management violations are alleged regarding numerous containers of waste material found or released on the Townsend property and Townsend Road. The OC&I alleges several violations of the Hazardous Waste Regulations including the following: the Respondents failed to obtain an EPA identification number for the generation of hazardous waste, failed to submit the names and signatures of those authorized to sign manifest forms for the generator, failed to properly label containers, drums and tanks holding hazardous waste, failed to mark each container with the date that hazardous waste first started to accumulate, failed to provide secondary containment for containers of liquid hazardous waste, failed to determine if wastes generated met the definition of hazardous waste, failed to properly manage mercury containing lamps, failed to develop and maintain a contingency plan for the facility and failed to provide training for employees that handle hazardous waste. The NOV alleges that the Respondents also violated RIDEM's Site Remediation Regulations when they failed to notify RIDEM of a spill or release of hazardous materials. The NOV further alleges that Respondents' release of oil to the surface of the ground violated the Oil Pollution Control Act. In the NOV, the OC&I ordered the Respondents to comply with the applicable Hazardous Waste Regulations, cease the disposal/accumulation of solid waste, remove all solid waste within 180 days of receipt of the NOV and complete a Site Investigation Report regarding the release of hazardous materials. A penalty in the amount of $81,188.00 was assessed against Respondent Bowley and a penalty in the amount of $35,000.00 was assessed against Respondent Townsend.

January 7, 2005 - OC&I/RCRA File No. 04-083 re: National Plating, LLC for property located at 946 Eddy Street, Assessor's Plat 047, Lot 0810 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 and applicable Code of Federal Regulations regarding hazardous waste management enforceable by RIDEM. The violations pertain to Respondent's failure to properly label all containers holding hazardous waste, failure to mark containers of hazardous waste with the date upon which the waste first began to accumulate, failure to keep all containers of hazardous waste closed except when adding or removing waste, failure to obtain a permit to treat hazardous waste, failure to develop a contingency plan, failure to determine if all wastes generated meet the definition of a hazardous waste, failure to provide annual hazardous waste management training for company employees who handle such waste and failure to provide a list of employees authorized to sign hazardous waste manifests on behalf of Respondent. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $28,000.00.

January 10, 2005 - OC&I/UST File No. 04-REGAL re: Regal Auto Body & Radiator Works, Inc., Kenneth J. Topalian, Kacheg Topalian and Arpine Topalian for property located at 370 Pawtucket Avenue, Assessor's Plat 64B, Lot 852, in the City of Pawtucket. The OC&I alleges that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondents have a UST on the property for the storage of used motor oil. The violations pertain to Respondents' failure to register the UST with the RIDEM, failure to install an automatic tank gauging system, failure to maintain inventory control records, failure to test the tightness of the UST including the failure to submit and maintain the test records, failure to equip the UST with a spill containment basin and failure to label the fill port for the UST. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations or remove the UST with 90 days. A penalty in the amount of $27,863.00 was assessed in the NOV.

January 11, 2005 - OC&I/AIR Lead Paint File No. 05-01 re: Jorge Fontes d/b/a Parrot Painting for property located at 301 Butler 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 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertain to the Respondent's failure to place impenetrable material on the ground at the paint removal worksite to prevent ground contamination, failure to attach ground sheeting to the ground by staking or weighing the sheeting down, failure to erect vertical containment shrouds if there is visible lead paint removal debris beyond the ground sheeting, failure to contain and collect spent abrasive, paint particulate, dust and/or other debris from the removal operation, and failure to properly store bags of collected lead paint debris so that they are not easily accessible. Prior to issuance of the NOV, the OC&I confirmed that the final clean up of the property had been completed. In the NOV, the OC&I ordered the Respondent to achieve compliance with a portion of the regulation regarding Respondent's heat gun device for removal of exterior lead paint and assessed a penalty in the amount of $5,500.00 for the noncompliance at the property.

January 12, 2005 - OC&I/AIR Lead Paint File No. 05-02 re: Jorge Fontes d/b/a Parrot Painting for property located at 15 Oriole 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 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertain to the Respondent's failure to collect and contain spent abrasive, paint, particulate, dust and/or other debris and to place such material into an appropriate container for disposal. The OC&I assessed a penalty in the amount of $2,000.00 for the noncompliance at the property.

January 12, 2005 - OC&I/AIR File No. 04-07 re: Rhode Island College for its facility located at the Rhode Island College Campus at 600 Mount Pleasant Avenue in the City of Providence. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control ("APC") Regulations. The violations pertain to the Respondent's failure to equip its York Shipley boiler rated at 16.8 million Btu per hour with an operating and properly calibrated opacity monitor that has an audio alarm to sound when emissions exceed 20 per cent opacity, failure to submit a completed emissions inventory for its facility signed by the certifying official within the prescribed timeframe specified by the APC Regulations and failure to adhere to all terms of the Respondent's Title V Emissions Cap permit by not documenting the amount of fuel burned on a monthly basis and not keeping accurate records. In the NOV, OC&I ordered the Respondent to achieve compliance with the APC Regulations and their Emissions Cap permit by providing all documents and records, repair or replace the opacity monitor and to maintain/submit monthly records and other documents as required. A penalty in the amount of $6,500.00 was assessed for the Respondent's noncompliance.

January 12, 2005 - OC&I/Multi-Media - Freshwater Wetlands File No. C02-0067 and Solid Waste File No. 04-056 re: Emanuel and Irene Torti for property located north of the terminus of Spectacle Street and northwest of Russe Street, Assessor's Plat 6, Lot 1286 in the City of Cranston. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act, the Rules and Regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, and Rhode Island's Refuse Disposal Act. The freshwater wetland violations pertain to the unauthorized alteration of approximately 8,750 square feet of Perimeter Wetland by filling, grading and soil disturbance; maintaining fill material over an approximate 1,200 square foot section of Spectacle Pond; and maintaining fill material within 50 feet of Spectacle Pond over an area approximately 12,750 square feet. The solid waste violations involve the disposal of approximately 1,800 cubic yards of mixed solid waste in the form of white goods, painted and treated wood waste, abandoned trailers filled with tires and other mixed solid waste and operating a solid waste management facility without a license. In the NOV, the OC&I ordered that the Respondents must restore the freshwater wetlands, cease the acceptance of solid waste and must remove all solid waste from the property. A penalty in the amount of $15,500.00 was assessed in the NOV.

January 13, 2005 - OC&I/Septic System File No. CI 94-306 re: Harold & Sheryl Delahunt and Harborside Grill Corporation for property located at 68 Brown Street, Assessor's Plat 117, Lot 285, in the Town of North Kingstown. The Property is owned by Harold and Sheryl Delahunt and includes a restaurant that is operated by Harborside Grill Corporation. 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 directly into Wickford Cove from the septic system that accepts sewage from the restaurant. RIDEM issued a Notice of Intent to Enforce ("NOI") to Respondents Harold and Sheryl Delahunt on June 3, 1994 for the sewage overflow from the Property. In the NOI the Respondents were required to pump the system to prevent further overflows and repair the system. The Respondents attorney submitted a letter to DEM in response to the NOI and stated that the Respondents had begun pumping the septic system to prevent further overflows, retained a professional engineer, and expected to have a plan of action in the immediate future. The Respondents failed to comply with the NOI. Inspections by OC&I on November 24, 2003 and August 2, 2004 revealed that the water level in the system was above the inlet pipe and a portion of the system was collapsed. In the NOV the Respondents were ordered to pump the system as needed to prevent overflows of sewage into Wickford Cove, fill in the collapsed portion of the system, and repair the failed system. OC&I assessed a penalty in the amount of $1,200.00 for the violations that were observed in November 2003 and August 2004.

January 14, 2005 - OC&I/Septic System File No. CI 03-351 re: Gerard Martin for property located at 29 Saranac Street, Assessor's Plat 3, Lot 86 in the Town of North Smithfield. The Property includes a single-family residential dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a NOI to the Respondent on May 24, 2004 for the septic system failure on the Property. In the NOI the Respondent was required to pump the system to prevent further overflows and repair the system. The Respondent failed to comply with the NOI. In the NOV the Respondent was ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $2,000.00.

January 18, 2005 - OC&I/Freshwater Wetlands File No. C01-0314 re: Joyce A. Traini-Palmari for property located approximately 100 feet south of Preakness Drive, approximately 450 feet east of the intersection of Bridle Drive and Preakness Drive, Assessor's Plat 26, Lot 248, in the Town of Lincoln. Dr. Rita Kurl and Dr. Rabinder Kurl are the current property owners. The property was previously owned by Joyce A. Traini-Palmari and was purchased by the Kurl's on July 27, 2001. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and DEM's Freshwater Wetland Regulations. The violations pertain to clearing, grubbing, grading, filling (in the form of soil material) and creating soil disturbance within a Forested Wetland, Area Subject to Flooding, and Perimeter Wetland. These activities have resulted in the unauthorized alteration of approximately 11,935 square feet of freshwater wetland. The wetland alterations occurred despite the Respondent having knowledge of the wetlands on the property through a permit that was issued by RIDEM to the prior owner of the property. OC&I issued an NOI to the Respondent on November 1, 2001requiring restoration of the altered wetlands on the Property. The Respondent failed to comply with the NOI. OC&I met with representatives of the Respondent and the current property owners on April 27, 2004 in an attempt to resolve the violations. To date the Respondent and property owners have failed to respond to the discussions held on April 27, 2004 and the Respondent has failed to comply with the requirements in the NOI. In the NOV the Respondent was ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,800.00.

January 18, 2005 - OC&I/Septic System File No. D2034 re: Richard Bzdyra for an individual sewage disposal system (ISDS) design and installation prepared and overseen by the Respondent as a licensed ISDS designer. The OC&I alleges that the Respondent is in violation of Rhode Island General Law Sections 5-56.1-7(a) and 5-56.1-7(c) and the ISDS Regulations. The violations pertain to RIDEM review of an ISDS Repair Application submitted by the Respondent for property located at 86 Lookout Avenue, Assessor's Plat 9, Lot 153 in the Town of Johnston and the construction of the ISDS at the property. The violations include the following: failure to notify RIDEM of a subsurface drain located within 25 feet of the ISDS that was identified during construction; failure to submit the Certificate of Construction ("COC") within 5 days of completion of the ISDS (the COC was submitted approximately 5 months late); failure to show the underdrain on the COC; failure to obtain sufficient soil information to properly design the ISDS (a supplemental water table report submitted to RIDEM determined that the proper water table depth was 4.0 feet, not 7.5 feet as shown on the Repair Application); and failure to address the property owners concerns in a timely manner (the property owners notified the Respondent in January 2003 that the ISDS was not functioning properly; however the Respondent did not address the owners concerns). The findings of the RIDEM review of the ISDS Application were presented to the ISDS Designer Licensing Review Panel (Panel). The Panel is composed of 5 members who have expertise in ISDS issues and who are not employed by RIDEM. The Panel is appointed by the Director to review the actions of licensed designers and make recommendations to RIDEM on whether a designer's license should be suspended or revoked and the length of time for the suspension or revocation. The Panel recommended no revocation or suspension of the Respondents license, but did recommend that RIDEM assess an administrative penalty. After reviewing the foregoing facts, RIDEM decided to accept the Panel's recommendation. In the NOV OC&I assessed a penalty of $2,100.00.

January 20, 2005 - OC&I/ Water Pollution File WP/05-03 re: Narragansett Bay Commission and All State Power Vac, Inc. The Narragansett Bay Commission (NBC) is the owner and operator of the Fields Point Water Pollution Control Facility (the Facility). The Facility includes the wastewater treatment plant located at 2 Ernest Street in the City of Providence and the wastewater collection system, which includes two interceptor sewers located on India Street and Pitman Street in Providence. NBC retained All State Power Vac, Inc. to perform maintenance work on the interceptor sewers on India Street and Pitman Street. OC&I alleges that the Respondents are in violation of the Water Pollution Act and DEM'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 partially treated sewage) to waters of the State identified as the Providence and Seekonk Rivers. On October 2, 2002, October 4, 2002, and October 8, 2002 an estimated total of 40,200 gallons of partially treated sewage overflowed from the sewer interceptors on India Street and/or Pitman Street into the Providence River and/or Seekonk River. The overflows occurred as a result of the failure of All State Power Vac, Inc. to install adequate equipment during the maintenance work on the interceptor sewers to accommodate sewage flows in the interceptor sewers. In the NOV OC&I assessed an administrative penalty of $6,250.00.

January 25, 2005 - OC&I/Septic System File No. CI 04-132 re: John Lanni for property located at 49 Baltimore Avenue, Assessor's Plat T, Lot 396 in the Town of Narragansett. The Property includes a single-family house. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violations pertain to the discharge of shower waste to the ground and a failed septic system that accepts sewage from the house. OC&I issued an NOI to the Respondent on September 28, 2004. The NOI required the Respondent to pump the septic system as needed to prevent overflows, have the system evaluated and repaired, cease the shower waste discharge, and propose a permanent solution to the shower waste discharge. The Respondent failed to comply with the NOI. In the NOV OC&I ordered the Respondent to pump the septic system as needed to prevent sewage overflows and have the system evaluated and repaired. The Respondent was also ordered to propose a plan to permanently correct the shower discharge violation. OC&I assessed a penalty of $1,000.00.

January 28, 2005 - OC&I/ Water Pollution File 04-12 x-ref. RIPDES Permit No. RI01000404 re: RI Economic Development Corporation. The RI Economic Development Corporation (EDC) is the owner and operator of the Quonset Wastewater Treatment Facility (Facility) in North Kingstown and is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI 0100404. OC&I alleges that EDC is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and RIPDES Regulations. The violations pertain to the late submission of Discharge Monitoring Report (DMR) Forms to RIDEM and the failure to properly implement the Facility's Pretreatment Program.

The RIPDES Permit authorizes EDC to discharge treated wastewater from the Facility to Narragansett Bay and requires EDC to summarize and report monitoring results obtained during the previous month on DMR Forms that must be submitted to RIDEM no later than the 15th day of the month following the completed reporting period. EDC submitted DMR Forms past the deadline specified in the RIPDES Permit for each month beginning in June 2000 through March 2002.

The RIPDES Permit also requires EDC to fully and effectively exercise its authority as defined in the Sewer Use Ordinance and implement the Approved Pretreatment Program consistent with the Rhode Island Pretreatment Regulations and Federal General Pretreatment Regulations 40 CFR 403. EDC's Pretreatment Program was approved by RIDEM on September 24, 1986. EDC submitted to RIDEM on June 28, 2001 a Request for Industrial Pretreatment Program Modification. RIDEM approved the modification on July 24, 2001 and required EDC to implement its modified Sewer User Regulations by August 25, 2001. RIDEM approved a request from EDC to extend the deadline to March 1, 2002. The Sewer Use Regulations were not adopted until July 25, 2002, almost five (5) months past the deadline extension date of March 1, 2002.

The RIPDES Permit requires EDC to submit an Annual Pretreatment Report to RIDEM by August 15 of each year. RIDEM notified EDC on November 18, 2003 that EDC had failed to submit the report for 2003. EDC submitted the report for 2003 on December 8, 2003, almost four (4) months past the deadline. EDC submitted the Annual Pretreatment Report for 2004 to RIDEM on September 10, 2004, almost one (1) month past the deadline.

On May 11, 2004, RIDEM conducted a Pretreatment Compliance Inspection (PCI) of the Facility. The PCI revealed that EDC was in significant non-compliance with the RIPDES Permit for failing to reissue permits to each Significant Industrial User (SIU) and perform required inspections and sampling of SIU's on an annual basis. The inspection also revealed that EDC was in non-compliance with the RIPDES Permit for failing to modify Industrial Wastewater Permits; clearly identify and apply pretreatment standards to all SIU's; have certificate of analysis specifically indicate that approved methods were followed; ensure that all SIU self-monitoring documents were completed and reviewed; ensure that all Categorical Industrial User (CIU) self monitoring, reporting, and certification was complete; ensure that all non-categorical SIU self monitoring, reporting, and certification was complete, and review all self monitoring reports. RIDEM notified EDC on June 29, 2004 that EDC was in significant non-compliance with its approved Industrial Pretreatment Program. EDC submitted a response to RIDEM on July 20, 2004 acknowledging that at the time of the PCI all inspections and sampling of SIU's were not complete and all permits were not current. EDC stated that all these deficiencies were corrected as of June 30, 2004. In the NOV OC&I assessed a penalty of $75,750.00.

Formal Enforcement Cases Settled or Resolved:

January 10, 2005 - OC&I/Septic System File No. CI 00-32 re: John & Dale Hayden for property located at 214 Highland Road, Assessor's Plat 92, Lot 46 in the Town of Tiverton. The property includes a single-family dwelling. On January 15, 2004 OC&I issued an NOV alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwelling. In the NOV the Respondents were ordered to immediately have the system pumped by a licensed septage hauler and continue such pumping until the system was repaired, immediately take steps to reduce the discharge of sewage to the system, and repair the system. OC&I assessed a penalty of $4,000.00. Respondent Dale Hayden filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to pump the septic system at the Property as needed until the ISDS is repaired, limit occupancy of the dwelling to two persons, and repair the septic system by June 1, 2005. OC&I agreed to accept a reduced penalty of $500.00 because of the Respondents financial situation. The penalty will be paid upon obtaining financing to repair the system.

January 13, 2005 - OC&I/Septic System File No. CI94-404 re: Henderson Realty, Inc. and Coventry Donuts, Inc. for property located at 800 Tiogue Avenue, Assessor's Plat 29, Lot 36, in the Town of Coventry. The property is owned by Henderson Realty, Inc and includes a donut shop (Dunkin Donuts) that is operated by Coventry Donuts, Inc. On October 26, 2004 OC&I issued an NOV alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system that accepts sewage from the donut shop. In the NOV OC&I ordered the Respondents to cease discharge of any and all types of wastewater to the septic system until such time as the sewerage system at the property was connected to the municipal sewerage system. OC&I assessed a penalty of $2,000.00. The Respondents failed to file an appeal of the NOV with AAD. The Respondents paid the $2,000 penalty and connected the property to the municipal sewerage system to resolve the NOV.

January 13, 2005 - OC&I/Multi-Media - RCRA File No. 04-008 and Solid Waste File No. 04-012 re: East Repair Inc. and Donald C. Medeiros for property located at 85 East main Road, Assessor's Plat 28, Lot 46-01 in the Town of Little Compton. On March 16, 2004 the OC&I issued a NOV alleging that the Respondents violated RIDEM's Rules and Regulations for Hazardous Waste Management and Rhode Island's Refuse Disposal Act. The hazardous waste violations pertained to Respondents' failure to apply for and obtain an EPA identification number related to the generation of hazardous waste, failure to submit to the RIDEM the names and signatures of the agents authorized to sign the uniform hazardous waste manifest forms, failure to properly label all containers and tanks holding hazardous waste, failure to mark each container of hazardous waste with the accumulation start date, failure to provide secondary containment for hazardous waste containers holding liquid waste, and failure to keep hazardous waste containers and tanks closed except when necessary to add or remove waste. Respondents' violation of the Refusal Disposal Act involves the disposal and storage of solid waste on the property in excess of three (3) cubic yards as allowed by law. The Respondents have maintained over 200 cubic yards of solid waste on the property. The Respondents were ordered to achieve compliance with the hazardous waste regulations, cease the disposal and storage of solid waste on the property and remove all solid waste within 90 days of receipt of the NOV. OC&I assessed a penalty in the amount of $27,250.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to achieve compliance with the Hazardous Waste Regulations and to remove and dispose of all solid waste within a prescribed time period. The OC&I agreed to reduce the penalty assessed in the NOV after considering the Respondents' financial situation. For purposes of settlement, the penalty was reduced to $7,520.00. The Respondents agreed to pay $2,000.00 upon execution of the Consent Agreement and to pay the remaining penalty in 23 consecutive monthly payments.

January 14, 2005 - OC&I/UST File No. 04-01303 re: Warwick Sewer Authority for property located at 125 Arthur W. Devine Boulevard, Assessor's Plat 280, and Lot 3 in the City of Warwick. On March 17, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations regarding two USTs at the property. The violations pertained to corrosion protection requirements for UST systems, inventory record keeping, continuous monitoring of double-walled piping, line tightness testing, monthly and annual testing of UST continuous monitoring systems, installation of overfill protection, conducting modification of registered UST facilities without approval of the Director, closure requirements for UST systems and test record keeping. The Respondent has removed one of its USTs from the property and permanently closed the UST in compliance with the UST Regulations. In the NOV OC&I ordered the Respondents to bring its remaining UST into compliance with the UST Regulations and to provide all past missing testing records and reports for the USTs at the property. OC&I assessed a penalty of $28,895.00. The Respondent filed an appeal of the NOV with the AAD. Following receipt of the NOV, the Respondent removed the UST that was the subject of the violations. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to a penalty in the amount of $28,895.00. The OC&I agreed to allow the Respondent to offset $25,023.00 of the penalty in the form of a Supplemental Environmental Project ("SEP"). The SEP consists of the installation of a 4,400-gallon above ground storage tank in place of a UST that could be installed by the Respondent. The Respondent must complete the project no later than September 30, 2005. The Respondent agreed to pay the remaining penalty of $3,872.00 upon execution of the Consent Agreement. The cash component of the penalty has been paid.

January 19, 2005 - OC&I/UST File No. 03-02188 re: Cardi Corporation/Jefferson Realty, LLC for property located at 400 Lincoln Avenue, Assessor's Plat 282, Lot 127 in the City of Warwick. On January 5, 2004 the OC&I issued a 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 ("the UST Regulations"). The violations pertained regulatory requirements related to general maintenance of UST facilities and their components, testing requirements for UST cathodic protection systems, inventory record keeping, continuous monitoring of double-walled piping, annual testing of line leak detectors, monthly and annual testing of UST continuous monitoring systems, construction requirements for tank pad observation wells and record keeping. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $9,275.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to a penalty in the amount of $9,275.00. The OC&I agreed to allow the Respondents to offset $7,744.00 of the penalty in the form of an SEP. The SEP consists of the Respondents' installation of a Veeder-Root TLS 350 continuous monitoring system ("CMS") on a UST used to hold heating oil within 60 days of the execution of the Consent Agreement. The CMS is not required by the UST Regulations for a UST holding heating oil. The CMS will improve the ability of the Respondents to monitor the possibility of a release from any failure of the heating oil UST. The Respondents agreed to pay the remaining cash component of the penalty upon execution of the Consent Agreement. The remaining cash penalty of $1,531.00 has been paid in full.

January 27, 2005 - OC&I/UST File No. 03-00475 re: Abilene Oil Service, Inc. and Gino S. Saccoccio for property located at 1850 Cranston Street, Assessor's Plat 11/3, Lot 1130 in the City of Cranston. On August 7, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to comply with tightness testing requirements and maintenance of tightness testing records, installation of spill containment basins and maintenance of inventory control records for its UST systems. OC&I ordered the Respondents to submit all applicable records and verify that their USTs were equipped with spill containment basins. In the NOV, OC&I assessed a penalty in the amount of $42,195.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to document through records made available to the OC&I that compliance with portions of the UST Regulations were met prior to the issuance of the NOV. Consequently, much of the penalty associated with the economic benefit was eliminated. The OC&I agreed to reduce the overall penalty to $14,275.00. The Respondent was allowed to pay $2,275.00 upon execution of the Consent Agreement with the remaining penalty to be paid in 24 equal and consecutive monthly installments.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.