January 2006 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 2006. 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 4, 2006 - OC&I/UST File No. 05-02573 re: Fort Roc Realty Providence LLC and CB Richard Ellis - N.E. Partners, L.P. for property located at 50 Jordan Street, Assessor's Map 508, Block 2, Parcel 6 in the City of East Providence. Respondent Fort Roc Realty Providence LLC is the owner of the Property. Respondent CB Richard Ellis - N.E. Partners, L.P. is the operator of the facility. The Property contains one 2,500-gallon Underground Storage Tank ("UST"). 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 violations pertain to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondents have filed an appeal of the NOV with the AAD.



January 4, 2006 - OC&I/Freshwater Wetlands File No. C04-0006 re: Michael Cloud for property located approximately 250 feet north of Frenchtown Road, approximately 500 feet east northeast of the intersection of Frenchtown Road and Huguenot Drive at house number 875 Frenchtown Road, Assessor's Plat 16, Lot 137, in the Town of East Greenwich. Michael Cloud owns the property. The OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling (in the form of a rock wall, electrical supply lines, sprinkler system, and mulch) and installing a lawn within 200 foot Riverbank Wetland, portions of which are also 100-year Floodplain. This activity has resulted in the unauthorized alteration of approximately 8,000 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on March 11, 2004 requiring restoration of the altered wetlands on the property. The Respondent submitted a letter to OC&I indicating a willingness to comply with the NOI; however, he failed to do so. 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 6, 2006 - OC&I/Septic System File No. CI97-244 and OC&I/Water Pollution File No. WP06-01 re: Stephen Padula, Padula Properties, Inc., and Padula Builders, Inc. for property located at 27 and 29 Pilgrim Avenue, Assessor's Plat 55, Lot 137 in the Town of Coventry. The Property includes a multi-unit apartment building with attached two-bedroom townhouse, and a two-bedroom dwelling. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations) and the RIDEM Water Quality Regulations. The violation pertains to the discharge of sewage from the cesspools at the Property to the ground surface and into the Pawtuxet River. OC&I issued a Notice of Intent to Enforce (NOI) to Respondent Stephen Padula on October 2, 2003 for the failed cesspools on the Property. The NOI required Respondent Stephen Padula to reduce the discharge of sewage to the cesspools, arrange to have the cesspools pumped as needed to prevent sewage overflows, and have the cesspools inspected by a licensed designer to determine the cause of the failure and repair the cesspools, if needed. Respondent Stephen Padula submitted a letter to OC&I stating that the cause of the violation (a faulty toilet) was corrected; however, no further action was taken to comply with the NOI. Inspection of the Property by OC&I in April 2005 revealed that sewage from the cesspools was discharging to the surface of the ground and into the Pawtuxet River. An application to repair the failed cesspools was submitted by Respondent Padula Properties, Inc. and approved by RIDEM in August 2005; however, the work to repair the failed cesspools was not undertaken. Inspection of the Property by RIDEM in October 2005 again revealed that sewage from the cesspools was discharging to the surface of the ground and into the Pawtuxet River. In the NOV the Respondents were ordered to immediately cease any further discharge of sewage, pump the cesspools through a licensed septage hauler as often as necessary to prevent the discharge of sewage to the ground surface, and repair the cesspools. OC&I assessed a penalty in the amount of $7,600.00.



January 6, 2006 - OC&I/UST File No. 05-01378 re: Viti Bros. Movers, Inc. and Benjamin B. Viti for property located at 155 Amaral Street, Assessor's Map 508, Block 3, Parcel 7 in the City of East Providence. Respondent Benjamin B. Viti is the owner of the property. Respondents are the operators of the facility. The Property contains a 20,000-gallon UST registered with the RIDEM for the storage of diesel fuel. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' maintenance of the UST in an abandoned state since at least October 2004 and failing to either maintain the UST in service as required by the UST Regulations or remove the UST. On 9 May 2005, a representative of the RIDEM inspected the facility and found the UST out of service and still holding approximately 526 gallons of diesel fuel without the fill port and dispensers secured. The Respondents were notified on 11 May 2005 that the UST must be temporarily closed and were required to submit written verification of the closure. On 20 May 2005, Respondent Benjamin Viti requested an extension for temporary closure for an additional 180 days. RIDEM informed the Respondents on 23 May 2005 that the request could only be granted provided that the Respondents verified compliance with the UST Regulations. Despite letters issued by RIDEM on 24 May 2005 and 4 August 2005 seeking verification that Respondents were in compliance with the UST Regulations, Respondents failed to confirm compliance and did not have RIDEM permission to allow the UST to remain out of service. In the NOV, the OC&I ordered the Respondents to submit a permanent closure application, remove the UST, submit a closure assessment, dispose of any contaminated soil encountered during removal and conduct a Site Investigation Report in the event that contaminated soil should be discovered. A penalty in the amount of $7,500.00 was assessed.



January 6, 2006 - OC&I/Solid Waste File No. 05-014 re: D&K Pitcher's Auto Salvage, Inc. for property located at 315 Oak Hill Road, Assessor's Plat 95, Lot 007 in the Town of North Kingstown. The Respondent operates an auto salvage business on the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Vehicle Tire Storage and Recycling Statute, R.I.G.L. � 23-63-2. The violation pertains to the storage of more than 400 used tires at the Respondent's property. On October 5, 2003, the OC&I conducted an inspection of the property and determined that the Respondent was storing approximately 1,800 used tires on the property. The OC&I issued a Letter of Noncompliance to the Respondent on March 30, 2004 informing the Respondent of the used tire storage limit allowed by law and informing the Respondent that no more than 400 used tires may be stored on the property unless the Respondent obtained a license from the RIDEM. On February 11, 2005, the OC&I conducted an inspection and determined that the Respondent was storing approximately 1096 tires. The Respondent did not have a license from the RIDEM to store in excess of 400 tires on the property. In the NOV, the OC&I ordered the Respondent to remove all tires in excess of 400 and assessed a penalty in the amount of $500.00. The Respondent has filed an appeal of the NOV with the AAD.



January 10, 2005 - OC&I/Hazardous Waste File No. 05-016 re: Paul Sampson d/b/a Furniture and Metal Stripping and Romeo A. Sampson for property located at 162 Market Street, Assessor's Plat 10, Lot 79, 79A and 79B in the Town of Warren. Respondent Romeo A. Sampson owns the Property. Respondent Paul Sampson operates the facility d/b/a Furniture and Metal Stripping. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations enforced by the RIDEM and pertaining to the management of hazardous waste. The violations pertain to Respondents' failure to obtain a permit for the treatment, storage or disposal of hazardous waste, failure to properly label all hazardous waste containers, failure to mark all hazardous waste containers with the storage accumulation start dates, failure to conduct weekly inspections of hazardous waste containers in storage and to maintain a log of the weekly inspections, failure to have a contingency plan in the event of an accident or release involving hazardous waste, failure to have a training program for employees that manage hazardous waste, failure to notify the RIDEM in the event of a spill or release of hazardous waste, and failure to properly complete hazardous waste manifests used to ship hazardous waste. In the NOV, the OC&I ordered the Respondents to discontinue the treatment and disposal of hazardous waste, conduct a site investigation in accordance with RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases to determine the extent of any release of hazardous waste, develop a remediation plan for the clean up and removal of the waste, and achieve compliance with all other hazardous waste rule management requirements cited in the NOV. The OC&I assessed a penalty in the amount of $25,099.00 against Respondent Paul Sampson and $10,000.00 against Respondent Romeo A. Sampson. The Respondents have filed an appeal of the NOV with the AAD.



January 17, 2006 - OC&I/UST File No. 05-00879 re: Fuel Depot, Inc. for property located at 644 Putnam Pike, Assessor's Plat 3, Lot 8 in the Town of Smithfield. The Respondent is the owner of the property and is the operator of a UST facility located on the property. The Respondent maintains three 8,000-gallon USTs on the property. Two of the USTs are for gasoline and one is for diesel fuel. The OC&I alleges that the Respondent violated RIDEM's UST Regulations. The violations pertain to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondent had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00.



January 26, 2006 - OC&I/Hazardous Waste File No. 05-020 re: Roy A. Ferrell d/b/a Quality Island Construction for property located at 1246 Fish Road, Assessor's Plat 113, Lot 81 in the Town of Tiverton. The Property is owned by the Respondent. The Respondent operates a construction business from the property. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations enforced by the RIDEM and pertaining to the management of hazardous waste. The violations pertain to Respondent's failure to characterize liquid wastes generated at the property by determining whether or not the wastes meet the definition of a hazardous waste. On April 5, 2005, an inspector from the OC&I conducted an inspection of the facility in response to a complaint alleging the release of oil to the environment. At the time of the inspection, the Respondent had waste oil stored on the property. The Respondent had not tested the waste to determine if it was hazardous in nature. The Respondent was informed of his obligation to test the waste and to manage the waste as hazardous waste if the determination was positive. On April 29, 2005 the OC&I issued a Letter of Noncompliance to the Respondent reiterating that the Respondent must have the waste oil tested and to submit the results of the testing to the OC&I. On August 2, September 2 and again on September 23, 2005 a representative of the OC&I attempted to confirm compliance by the Respondent. On October 6, 2005, the OC&I inspected the property and found that the Respondent was storing waste oil on the property but did not have the waste characterized to determine whether the waste was hazardous or not as required by Regulation. In the NOV, the OC&I ordered the Respondent to analyze his wastes to determine if they are hazardous, submit the results to the OC&I and manage the waste in accordance with the Regulations if the wastes are hazardous. A penalty in the amount of $1,500.00 was assessed in the NOV.



January 27, 2006 - OC&I/UST File No. 05-03617 re: Alzaibak, Inc. and Gapes Realty, LLC for property located at 1215 Stafford Road, Assessor's Map 4-10, Block 113, Lot 5 in the Town of Tiverton. Respondent Gapes Realty, LLC is the owner of the property. Respondent Alzaibak, Inc. is the operator of the facility that has four USTs consisting of three 4,000-gallon gasoline tanks and one 2,000-gallon diesel tank. The OC&I alleges that the Respondents violated RIDEM's UST Regulations. The violations pertain to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00.



January 31, 2006 - OC&I/Hazardous Waste File No. 05-042 re: Bio Waste, L.L.C. Bio Waste L.L.C. is a licensed by the RIDEM to transport hazardous waste in the State of Rhode Island. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertain to Respondent's failure to ensure that hazardous waste manifests prepared by the generator of hazardous waste have been completed properly before the transporter accepts and ships the waste. On March 10 and March 22, 2005 RIDEM's Office of Waste Management reviewed hazardous waste manifests for shipments of waste transported by the Respondent. The Respondent accepted hazardous waste on eleven separate occasions throughout the year 2004 and transported the hazardous waste even though the required information for multiple sections of the manifests was missing, incorrect or not legible. Accurate reporting of the shipment of hazardous wastes on manifests is a major requirement of the management of hazardous waste to ensure that hazardous wastes are tracked from the generator to the licensed treatment, storage or disposal facility, and to ensure that hazardous waste is not illegally disposed of into the environment. In the NOV, the Respondent was ordered to complete all identified deficient manifests and return the manifests to the RIDEM. The OC&I assessed a penalty in the amount of $27,500.00.



January 31, 2006 - OC&I/UST File No. 06-01879 re: Bank of America Corporation, First States Investors 5200, LLC, and Trammell Crow Services, Inc. for property located at 125 Dupont Drive, Assessor's Plat 50 Lot 724 in the City of Providence. Respondent First States Investors 5200, LLC is the owner of the property. Respondents Bank of America Corporation and Trammel Crow Services, Inc. are the operators of the facility. The property contains four USTs consisting of a 5,000-gallon, a 10,000-gallon, and a 2,500-gallon UST used for the storage of diesel fuel and a 10,000-gallon UST used for the storage of No. 2 heating oil. The OC&I alleges that the Respondents violated RIDEM's UST Regulations. The violations pertain to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00.

 

Formal Enforcement Cases Settled or Resolved:

January 03, 2006 - OC&I/ Hazardous Waste File No. 05-022 re: Pearson Composites, LLC for property located at 373 Market Street, Assessor's Plat 22, Lot 156 in the Town of Warren. On August 19, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and the Code of Federal Regulations pertaining to the management of hazardous waste. The violations pertained to the Respondent's failure to apply for and obtain an EPA ID number to generate or store hazardous waste, failure to determine if any of its wastes meet any definition of a hazardous waste, failure to properly label containers of hazardous waste, failure to affix the date of accumulation on containers of hazardous waste currently in storage, failure to transfer satellite containers of hazardous waste from the point of generation to an accumulation storage area within three days when the amount of excess hazardous waste exceeds 55-gallons, failure to keep all containers of hazardous waste closed except when adding or removing hazardous waste, failure to conduct weekly inspections of containers of hazardous waste and to keep a written log of the weekly inspections, failure to maintain a contingency plan for the facility to minimize hazards to human health and the environment in the event of an emergency, failure to provide annual hazardous waste management training to company employees that manage hazardous waste and to maintain adequate records on the training, failure to share the facility's contingency plan with the local police department, fire department, hospital, state and local emergency response team, failure to conduct testing and maintenance of emergency equipment, failure to complete a hazardous waste manifest for each shipment of hazardous waste and failure to submit to RIDEM the names and signatures of all agents authorized to sign hazardous waste manifests. The OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations and assessed a penalty in the amount of $31,214.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The OC&I confirmed prior to settlement that the Respondent had achieved compliance with the order section of the NOV as required. The Respondent agreed to pay a penalty in the amount of $23,164.00. The OC&I agreed to accept $3,164.00 upon execution of the Consent Agreement and to allow the Respondent to pay the remaining $20,000.00 in consecutive monthly installments of $1,250.00.



January 17, 2006 - OC&I/Wetlands File No. C03-0182 and OC&I/Water Pollution File No. WP04-08 re: Deer Creek Farm, LLC, Lakeview Farms, Inc, and Rambone Brothers., LLC for property located approximately 1,200 feet north-northeast of the intersection of North Road and South Killingly Road, approximately 800 feet north of North Road at house number 59, Assessor's Plat 7, Lot 30 in the Town of Foster. Upon information and belief, Deer Creek Farm, LLC (Deer Creek) purchased the property on September 30, 2002. Deer Creek entered into a lease agreement with Lakeview Farms, Inc. (Lakeview) for the property to be used and improvements to be made for raising cattle. RIDEM's Division of Agriculture recognizes Lakeview as a farmer. Lakeview retained Rambone Bros., LLC (Rambone) for the construction work. On May 20, 2004 OC&I issued an NOV alleging that the Respondents violated the Freshwater Wetlands Act and the DEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations), the Water Pollution Act and the DEM Water Quality Regulations, and the Dam Safety Act. The violations pertained to the discharge of water containing sediment to waters of the State, the alteration of wetlands by filling, excavating, grubbing, grading, and creating soil disturbance, and the alteration of a dam. These activities resulted in the unauthorized alteration of approximately 43,800 square feet of Swamp/Pond Complex, portions of which are within 100-foot Riverbank Wetlands, 32,500 square feet of Perimeter Wetland, 500 linear feet of a River, and 36,000 square feet of a Pond. In the NOV, OC&I ordered the restoration of the unauthorized altered wetlands and submission of an engineering report to demonstrate that the dam was constructed using appropriate engineering standards. A penalty of $27,600 was assessed jointly and severally against each Respondent in the NOV. Respondents Deer Creek and Lakeview requested an administrative hearing on the NOV. Respondent Rambone failed to request an administrative hearing. Prior to the hearing on the NOV, Respondent Deer Creek and OC&I executed a Consent Agreement to resolve the enforcement action. Respondent Deer Creek agreed to restore a portion of the altered freshwater wetlands and create a marsh to mitigate the impact of the remaining portion of the altered wetlands that OC&I allowed to remain. Respondent Lakeview and Rambone were dismissed as parties to the NOV. Respondent Deer Creek also agreed to submit an engineering report to demonstrate that the dam was constructed using appropriate engineering standards and repair the dam if necessary. Respondent Deer Creek agreed to pay a reduced penalty of $20,000, which was paid to DEM upon execution of the Consent Agreement.



January 19, 2006 - OC&I/AIR File No. 05-04 re: Charles Butterworth for property located at 15 Mathewson Lane in the Town of Barrington. On June 1, 2005 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violation pertained to the removal of exterior lead paint from a residence at the property by operating power sanding equipment without a required attached shroud and HEPA vacuum to capture dust from the removal operation. While lead paint debris was identified on the surface of the ground at the time of OC&I's inspection of the property, the Respondent removed all lead paint debris prior to the issuance of the NOV. In the NOV, the OC&I assessed a penalty in the amount of $2,000.00. 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 Respondent agreed to pay a penalty in the amount of $1,600.00. The OC&I allowed the Respondent to pay $200.00 upon execution of the Consent Agreement with the remaining penalty of $1,400.00 to be paid in consecutive monthly installments of $200.00.



January 20, 2006 - OC&I/Septic System File No. CI02-0023 re: Hog Island Water Association, Inc. and Hog Island Improvement Association for property located at 0 Middle Road, Assessor's Plat 69, Lot 169 in the Town of Portsmouth. The Property is owned by Hog Island Water Association (HIWA) and is leased to Hog Island Improvement Association (HIIA) and includes a building used as a recreation hall. On July 27, 2005 OC&I issued an NOV 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 ISDS Regulations"). The violation pertained to installation of a kitchen sink in the recreation hall and the discharge of gray water from the sink into a subsurface disposal system for which no permit was issued by RIDEM. In the NOV the Respondents were ordered to immediately cease the discharge and either remove all water supply and waste piping from the recreation hall and fill in the subsurface disposal system or submit a formal application from a licensed designer for a septic system for the sink discharge. OC&I assessed a penalty in the amount of $800.00. The Respondents requested an administrative hearing on the NOV. The Respondents advised OC&I in settlement discussions that the kitchen sink was removed, the sink waste line was capped, and the water supply valves were turned off. Prior to the hearing on the NOV, the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to either submit an application to construct a septic system for the kitchen waste or permanently remove the plumbing and fill the subsurface disposal system with gravel. The Respondents agreed to pay a reduced penalty of $600.00. The penalty was paid to DEM upon execution of the Consent Agreement.



January 26, 2006 - OC&I/Hazardous Waste File No. 04-092 re: Blue Fin Yachts, Ltd., Inc. d/b/a Blue Fin Sport Fishing Vessels, Inc. for property located at 47 Gooding Avenue, Assessor's Plat 106, Lot 39 in the Town of Bristol. On June 30, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and the code of federal regulations enforced by RIDEM on behalf of EPA regarding hazardous waste. The violations pertained to the Respondent's failure to apply for an EPA ID number prior to storing hazardous waste, failure to label all hazardous waste containers, failure to mark all storage containers holding hazardous waste with the accumulation start date, failure to keep containers of hazardous waste closed unless adding or removing the contents, failure to provide containers holding liquid hazardous waste with secondary containment, failure to inspect containers of hazardous waste for leaks or deterioration caused by corrosion on a weekly basis, failure to develop and maintain a contingency plan for the facility in the event of a spill, release or emergency, failure to provide annual training for employees that manage hazardous waste, and failure to submit to the RIDEM the names and signatures of all agents authorized to sign hazardous waste manifests on behalf of the Respondent. In the NOV the Respondent was ordered to achieve compliance with the Regulations. OC&I assessed a penalty in the amount of $36,000.00. The Respondent did not file an appeal of the NOV to the AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent documented that it was in compliance with the order section of the NOV. The Respondent agreed to pay a penalty in the amount of $30,000.00. The OC&I allowed the Respondent to pay $3,000.00 within 30 days of execution of the Consent Agreement and the remaining $27,000.00 to be paid in consecutive monthly installments of $750.00 until the penalty is paid in full.



January 27, 2006 - OC&I/RCRA Hazardous Waste File No. 05-001 re: Jay Packaging Group, Inc. for property located at 100 Warwick Industrial Drive, Assessor's plat 325, Lot 10 in the City of Warwick. On April 12, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and the Code of Federal Regulations pertaining to the management of hazardous waste enforced by RIDEM. The violations pertained to Respondent's failure to properly label a container of hazardous waste, failure to provide an accumulation start date on a container of hazardous waste necessary to determine storage time limits, failure to properly label and provide accumulation start dates on numerous containers of universal hazardous waste, failure to use authorized personnel to sign hazardous waste manifests and failure to provide training to all personnel handling or managing hazardous waste. In the NOV, the OC&I ordered the Respondent to achieve compliance and assessed a penalty in the amount of $15,000.00. 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 OC&I confirmed that the Respondent achieved compliance with the Hazardous Waste Regulations prior to execution of the Consent Agreement. The Respondent agreed to pay a penalty in the amount of $10,000.00. The agreed upon penalty has been paid in full.

 

Superior Court Actions Issued:

January 5, 2006- Superior Court Case No. C.A. No. 06-0188 and OC&I/Septic System File No. CI01-49 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant Betty Ann King-Smith for property located at 6 Monson Street, Assessor's Plat 8, Lot 165 in the Town of Johnston. The property includes a single-family dwelling. On October 5, 2004 OC&I issued an NOV alleging that the Defendant violated RIDEM's 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 Defendant was ordered to cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $3,000.00. The Defendant failed to file an appeal of the NOV and failed to comply with the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the complaint, RIDEM has petitioned the Superior Court to require the Defendant to immediately take all necessary actions to comply with the NOV and such other relief that the Court deems just and equitable.



January 9, 2006 - Superior Court Case No. C.A. 06-189 and OC&I/Solid Waste File No. 04-027 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendants 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. On February 22, 2005 the OC&I issued a NOV alleging 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. The Defendants failed to file an appeal of the NOV and failed to comply with the NOV. Pursuant to Rhode Island General Law, Defendants' failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the complaint, the RIDEM has petitioned the Superior Court to require the Defendants to immediately take all necessary actions to comply with the NOV and such other relief that the Court deems just and equitable.



January 31, 2006 - Superior Court Case No. C.A. 06-055 and OC&I/Septic System File No. 01-191 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant Stephen Zanni for property located at 47 Shore Drive, Assessor's Plat 62, Lot 18, in the Town of Johnston. The Property is owned by Stephen Zanni and includes a single family home. On April 5, 2005 OC&I issued an NOV alleging that the Defendant violated the DEM ISDS Regulations. The violation pertained to a failing septic system and discharge of sewage to the ground. In the NOV the Defendant was ordered to cease the discharge of sewage to the ground surface and repair the ISDS. OC&I assessed a penalty in the amount of $4,400.00. The Defendant failed to file an appeal of the NOV and failed to comply with the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the complaint, the RIDEM has petitioned the Superior Court to require the Defendant to immediately take all necessary actions to comply with the NOV and such other relief that the Court deems just and equitable.

 

Superior Court Actions Settled or Resolved:

January 3, 2006 - Superior Court Case File No. CA 05-6033 re: W. Michael Sullivan, in his capacity as Director, RIDEM, and Patrick Lynch, in his capacity as Attorney General of the State of Rhode Island (Plaintiffs) vs. Pauline E. Grieco (Defendant) for property located south of Plainfield Circle, west of Stony Acre Drive, Assessor's Plat 37, Lot 498, map section 2 in the City of Cranston. The property includes the western portion of Stone Pond Dam (State Dam No. 320). On May 4, 2005, the OC&I issued a Notice of Intent to Enforce ("NOIE") to Defendant. The NOIE informed Defendant that the present outlet area of Stone Pond Dam is actually a former breached section of the embankment with a make-shift masonry wall in poor condition. Visual indications of erosion and wet areas indicated possible recent over toppings of the dam with minimal freeboard present. The current condition of the dam is unsafe and significantly increases the likelihood of dam failure and loss of human life. The NOIE required the Defendant to submit to RIDEM a report prepared by a registered professional engineer with experience in dam repair that describes interim measures to bring and maintain water behind the dam to a lower elevation to prevent a catastrophic failure of the dam along with a schedule to accomplish the measures. The NOIE also required the Defendant to prepare a plan and schedule to return the dam to a safe condition. The Defendant failed to comply with the NOIE. On or about November 21, 2005 the Plaintiffs filed a complaint in Superior Court requesting that the Superior Court grant preliminary injunction and permanent injunction ordering Defendant to comply with the requirements set forth in the NOIE within specific time frames. The Plaintiffs and the Defendant entered an Interim Consent Order signed by the Court requiring the Defendant to make interim repairs to the dam by December 31, 2005 (which were completed) and monitor the dam until long term repairs can be completed by December 31, 2006.



January 27, 2006- Superior Court Case File No. PC 05-6434 and OC&I/Septic System File No. CI 92-337 re: W. Michael Sullivan, PhD, Director of the Rhode Island Department of Environmental Management, Plaintiff v. Alfredo and Maria Dosanjos, Defendants for property located at 20 Division Street, Assessor's Plat 23, Lot 575, in the City of Pawtucket. The Property is owned by the Defendants and includes an automobile dealership. On June 6, 2005 the OC&I issued an NOV alleging that the Defendants are in violation of the RIDEM ISDS Regulations. The violation pertained to a failed cesspool and sewage overflows to the surface of the ground. In the NOV the Defendants were ordered to pump the cesspool as necessary to prevent sewage overflows and connect the sewerage system for the building to the public sewerage system. OC&I assessed a penalty in the amount of $3,200.00. The Defendants failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendants' failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. On December 19, 2005 RIDEM filed a complaint in Superior Court to enforce the NOV. In the Superior Court complaint, RIDEM sought an order of the court to require the Defendants to comply with the NOV and to pay the penalty of $3,200.00. The RIDEM and the Defendants entered a Consent Order that was signed by the Court requiring Defendants to connect the sewerage system for the property to the public sewerage system and pay the full administrative penalty within 30 days.



January 31, 2006 - Superior Court Case File No. PC05-6442 and OC&I/LUST File No. 98-28105 re: W. Michael Sullivan, PhD, Director of the Rhode Island Department of Environmental Management, Plaintiff, v. Jordan Services, Inc., Defendant for property located at 344 Manton Avenue, Assessor's Plat 63, Lot 507 in the City of Providence. On March 31, 1999 the OC&I issued a NOV to the Defendant alleging that the Defendant was in violation of the Water Pollution Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations, RIDEM's Groundwater Quality Regulations and RIDEM's UST Regulations. The violations pertain to a release of petroleum products into the ground and ground waters of the State. The release resulted from USTs owned and operated by the Defendant at the property. The OC&I alleged that the Defendant failed to submit a Site Investigation Report ("SIR") as required by RIDEM's UST Regulations to ascertain the extent of contamination in the ground and the ground water and failed to submit a Corrective Action Plan ("CAP") to resolve the contamination on the property. In the NOV, the OC&I ordered the Defendant to complete a SIR, to complete a CAP, to monitor remediation of the property until such time as all soils and ground water are adequately treated and reimburse RIDEM for all funds expended in the investigation and remediation of the property. A penalty in the amount of $34,500.00 was assessed in the NOV. The Defendant failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. Prior to filing a complaint in Superior Court, the Plaintiff attempted to resolve this enforcement action through mediation. Plaintiff negotiated with this Defendant in an attempt to resolve this enforcement action from November 2004 through October 2005. In October 2005, Plaintiff withdrew from mediation in order to seek a court order to achieve compliance. On December 19, 2005 Plaintiff W. Michael Sullivan filed a complaint in the Superior Court seeking an order of the court to require the Defendant to comply with the NOV and to pay the penalty of $34,500.00. Following a hearing on the matter on January 30, 2006, the Superior Court ordered the Defendant to immediately take all action necessary to comply with the orders set forth in the NOV and to pay the administrative penalty as set forth in the compliance order.