January 2008 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 2008. 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 15, 2008 - OC&I/Multi-Media (Wetlands and Septic System) File Nos. C93-208 and CI05-184 re: Frederick Hone, Jr., Living Trust and Frederick T. Hone, Jr., et ux for property located approximately 500 feet west of South County Trail (Route 2), approximately 3000 feet southwest of the intersection of South County Trail and Exeter Road, Assessor's Plat 67-1, Lots 2 and 3 in the Town of Exeter. Assessor's Plat 67-1, Lot 2 is owned by Frederick Hone Jr., Living Trust and Assessor's Plat 67-1, Lot 3 includes a dwelling assessed by the Town of Exeter as a 6-bedroom single family building and is owned by Frederick T. Hone Jr., et ux. The OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act, RIDEM's Freshwater Wetland Regulations and RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The freshwater wetland violations occurred on Plat 67-1, Lot 2 and pertain to the following: filling (in the form of soil material and/or structures), grading, clearing (trees and shrubs), and creating soil disturbance in Swamp, Riverbank Wetland, and Perimeter Wetland; stockpiling materials (in the form of equipment, firewood, and other debris) in Swamp, Riverbank Wetland, and Perimeter Wetland; constructing a dam across a River; installing a concrete pumping chamber within a River; constructing a bridge across a River, and excavating and filling a Swamp and Special Aquatic Site. The violations resulted in the alteration of approximately 1.4 acres of Freshwater Wetlands. On August 12, 1993 RIDEM issued a Notice of Intent to Enforce ("NOIE") to Mr. Hone requiring restoration of unauthorized altered freshwater wetlands specifically cited at the time. On October 27, 2005 OC&I performed an inspection on the property that revealed that none of the restoration requirements in the NOIE had been completed and that numerous additional unauthorized wetland alterations were present. The septic system violations occurred on Plat 67-1, Lot 3 and pertain to the following: the discharge of sewage to an open concrete structure within the dwelling; the discharge of laundry waste to the surface of the ground; the discharge of sewage from the individual sewage disposal system ("ISDS") to the surface of the ground; the change of use of the dwelling from a 2 bedroom to a 6 bedroom dwelling without first submitting an application to RIDEM to determine whether the ISDS was adequate for the proposed use; and the filing of false information to RIDEM concerning the number of bedrooms in the dwelling on an application to repair the ISDS. On September 28, 2005, OC&I performed an inspection that revealed the sewage and laundry discharges. Following the inspection, the OC&I Inspector provided a "Field Inspection Report" and a "Required Actions Summary Sheet" (collectively, a NOIE) to Mr. Hone. On October 7, 2005 OC&I issued a letter to Mr. Hone advising him of the additional violation involving the change of use of the dwelling. A follow up inspection on October 27, 2005 by OC&I revealed that Mr. Hone had taken some steps to address the NOIE. A subsequent repair application submitted to RIDEM by Mr. Hone stated that the dwelling was 2 bedrooms, not 6 bedrooms. In the NOV, OC&I ordered Respondents to cease and desist any further unauthorized alteration to freshwater wetlands, restore all freshwater wetlands, pump the ISDS as necessary to prevent overflows, and repair the failed ISDS. OC&I assessed an administrative penalty of $6,900.00 for wetland violations and $4,800.00 for the septic system violations.



January 15, 2008 - OC&I/Freshwater Wetlands File No. 2007 245FW and C07-115 re: New England Stone Industries, Inc. d/b/a Granites of America and Antonio C. Ramos for property located approximately 1,200 feet northeast of Branch Pike (Providence Pike), adjacent to Granites of America (New England Stone Industries), approximately 1,400 feet northeast of the intersection of Branch Pike and Douglas Pike (Route 7), Assessor Plat 49, Lot 153, in the Town of Smithfield. The property is owned by Antonio Ramos. New England Stone Industries operates a stone cutting business at the property. The OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. In February 1982, March 1984, and February 1986 RIDEM issued Notices of Violation for unauthorized alterations of freshwater wetlands on the property. In June 1993 a Consent Agreement was executed between Mr. Ramos and RIDEM to resolve the violations alleged in the Notices of Violation. Mr. Ramos agreed to construct 3 sediment basins to settle out stone dust that accumulates within wash water used during the stone cutting operation, and a system to recirculate the filtered wash water to prevent any discharge of water from the stone cutting operation to adjacent freshwater wetlands. An inspection performed by RIDEM in July 1996 revealed that the construction of the sediment basins was completed and the freshwater wetlands were restored. On April 11, 2007, April 13, 2007, April 16, 2007 and September 5, 2007 OC&I performed inspections on the property that revealed clearing, grading and creating soil disturbance within a Forested Wetland and the discharge of wash water laden with sediment from one of the sediment basins to the Forested Wetland. The violations resulted in the alteration of approximately 18,900 square feet of Forested Wetland. Mr. Ramos advised the OC&I inspectors that the pump for the wash water recirculation system was inoperable and had been for approximately 1 year. Mr. Ramos claimed that the stone cutting operation took place only during 1 week when the pump was not in operation. Mr. Ramos took immediate action to address the violations and repaired the inoperable pump. An subsequent inspection performed by OC&I on September 5, 2007 revealed that the system was operating properly and that the Forested Wetland was beginning to naturally revegetate. In the NOV, OC&I ordered the Respondents to restore all freshwater wetlands. OC&I assessed an administrative penalty of $13,500.00.



January 15, 2008 - OC&I/Water Pollution File No. WP 07-97 re: Rhode Island Department of Transportation. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System ("RIPDES") Permit No. RI0023680. The RIPDES Permit authorizes the Respondent to discharge treated groundwater associated with the I-195 Relocation Project - Contract 9 to the Providence River. The RIPDES Permit requires the Respondent to meet a limit of 5 ppb of Total Copper as a monthly average and daily maximum. In accordance with the RIDPES Permit the Respondent is required to submit to RIDEM a monthly Discharge Monitoring Report ("DMR"). The OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and RIDEM's RIPDES Regulations. RIDEM reviewed the January 2006 and February 2006 DMRs. Evaluation of the DMRs revealed that the Respondent violated the RIPDES Permit daily maximum limit and monthly average limit for Total Copper. The reported daily maximum concentrations (in ppb) were as follows: January 11 (110); January 13 (30); January 15 (20); January 17 (20); January 26 (20), and February 9 (20). The reported monthly concentration for January was 28.6. On June 7, 2006 RIDEM issued a Notice of Significant Non-Compliance ("SNC") to the Respondent for the violations. RIDEM reviewed the May 2006, July 2006 and August 2006 DMRs. Evaluation of the DMRs revealed that the Respondent violated the daily maximum limit and monthly average limit for Total Copper. The reported daily maximum concentrations (in ppb) were as follows: May 18 (30); July 21 (20); and August 7 (20). The reported monthly concentrations were as follows: May (7.5), July (6.7), and August (10). On November 27, 2006 RIDEM issued a second SNC Notice to the Respondent for the violations. The SNC Notice stated that RIDEM understood that the discharge had permanently ceased and if so, the Respondent should submit a letter to RIDEM requesting termination of the Permit. RIDEM received correspondence from the Respondent on January 16, 2007 indicating that the discharge ceased on October 3, 2006 but that the contractor may need to recommence the discharge in the future, therefore, the Respondent did not wish to terminate the Permit. In the NOV, OC&I assessed an administrative penalty of $62,500.00.



January 24, 2008 - OC&I/OPC File No. CI 08 - 01 re: Tuckertown Village Park, LLC for property located at 261 Leisure Drive off of Wordens Pond Road, Assessor's Plat 60, Lot 4 in the Town of South Kingstown. OC&I alleges that the Respondent is in violation of Rhode Island's Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations ("the OPC Regulations"). The violations pertain to a release of No. 2 heating oil from an above ground home heating oil tank on the property. The tank was in place beneath the home and was partially buried. On 7 December 2005 in response to a call regarding a release of oil, RIDEM's Emergency Response inspector conducted an inspection of the property and found that the tank had been leaking due to corrosion and that the ground was contaminated with oil. The Respondent was notified that the oil spill must be cleaned up and resolved in accordance with the OPC Regulations. On 5 January 2006 the RIDEM inspector returned to the property and determined that oil contaminated soil remained at the property. A Notice of Responsibility was issued to the Respondent at the time of the inspection requesting that the Respondent contact RIDEM regarding the removal of oil contaminated soil at the property. The Respondent did not contact the RIDEM. On 13 September 2006 the OC&I issued a Notice of Intent to Enforce to the Respondent requiring remedial actions to resolve the oil contamination at the property. Respondent contacted RIDEM on 27 September 2006 and informed the RIDEM that they would comply with the remedial requirements set forth in the Notice of Intent to Enforce. Inspection by the RIDEM on 10 October 2006 revealed that excavated oil contaminated soil remained on the property. The oil contaminated soil was not placed on an impermeable surface and was not covered or secured to prevent leaching into groundwater. The tank had been removed from the property but the Respondent had not informed RIDEM of the final disposition of the tank. As of the date of issuance of the NOV, the Respondent had not complied with the Notice of Intent to Enforce and was not in compliance with the OPC Regulations. In the NOV OC&I ordered the Respondent to achieve all remedial requirements of the OPC Regulations and assessed a penalty in the amount of $6,656.88.



January 25, 2008 - OC&I/UST File No. 2007 691 re: Wood Street Investors, Inc. and Wood Street Realty, Inc. for property located at 500 Wood Street, Assessor's Plat 29, Lot 1 in the Town of Bristol. Wood Street Investors, Inc. is the owner of the property. Wood Street Realty, Inc. is the operator of the property. 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 ("the UST Regulations"). The violation pertains to an unregistered and abandoned underground storage tank ("UST") at the property. On 25 April 2007 the OC&I conducted an inspection of the property and located the UST. On 16 May 2007 the OC&I sampled the contents of the UST and determined that the UST contained phases of petroleum, acetone and methylene chloride. Both acetone and methylene chloride are hazardous materials. Respondents' Director of Operations reported to the OC&I that the Respondents were unaware of the UST since having taken title to the property on 28 September 2005. The UST is located approximately 100 feet southeast of Respondents' office on the property. The former owner of the property, Bristol Industrial Park, Inc. owned the property from 1987 through 28 September 2005. The former president of Bristol Industrial Park, Inc., Mr. Lyle Fain, is the president for each of the Respondent companies. In the NOV OC&I ordered the Respondents to submit a permanent closure application to RIDEM and complete the removal of the UST, conduct a closure assessment of the UST and surrounding soil, remove any contaminated soil that may be associated with the UST and complete a Site Investigation and Corrective Action Plan in the event that the closure assessment confirms a release of petroleum or hazardous material to the environment. A penalty in the amount of $8,877.00 was assessed in the NOV.



January 2008 Septic System Notices of Violation issued by the OC&I:



The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertain to the overflow of sewage from the individual sewage disposal system ("ISDS") that is located on the property to the surface of the ground. In each case OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent(s). The NOI required the Respondent(s) to take specific corrective actions to resolve the violation. In each case the Respondent(s) failed to comply with the requirements of the NOI. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS.



OC&I assessed the following administrative penalties against each named Respondent: Christine Neves ($600.00); D&J Food Enterprises ($800.00); and Dejana Realty of New England, LLC ($800.00).



January 15, 2008 - OC&I/Septic System File No. CI 05-218 re: Christine Neves for property located at 16 Winsor Avenue, Assessor's Plat 60, Lot 23 in the Town of Johnston. The property is assessed as a three-bedroom single family dwelling and is owned by the Respondent.



January 15, 2008 - OC&I/Septic System File No. CI 06-28 re: D&J Food Enterprises, Inc. for property located at 961 Boston Neck Road, Assessor's Plat N/H, Lot 300 in the Town of Narragansett. The property includes a commercial business identified as Tony's Pizza and is owned by the Respondent.



January 24, 2008 - OC&I/Septic System File No. CI 05-201 re: Dejana Realty of New England, LLC for property located at 360 Farnum Pike, Assessor's Plat 49, Lot 134A in the Town of Smithfield. The property includes a commercial business identified as Dejana Truck and Utility Equipment Companies and is owned by the Respondent.

 

Formal Enforcement Cases Settled or Resolved:

January 4, 2008 - OC&I/Freshwater Wetlands File No. 2007 1094 FW and C07-14, X-ref 04-0516 re: Commerce Park Realty, LLC for property located approximately 2800 feet northeast of the intersection of Centre of New England Boulevard and Hopkins Hill Road, Assessor's Plat 13, Lot 22, in the Town of Coventry. On December 11, 2007 OC&I issued a NOV to Respondent alleging certain violations of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violations pertain to Respondent's noncompliance with a permit issued by the RIDEM. On November 30, 2004 RIDEM's Office of Water Resources-Freshwater Wetlands Permitting Program ("the FWPP") approved Respondent's Preliminary Determination application to construct a three hundred and eleven unit condominium development. On January 3, 2007 the FWPP approved Respondent's Permit Modification application (Revised Permit). Condition No. 5 required the Respondent to record the Revised Permit in the land evidence records and Condition No. 7 restricted the Respondent's water supply for the project to the municipal supply from the Kent County Water Authority and stated specifically that installation and use of wells for water supply was not authorized and would require a new application. On January 9, 2007 and January 11, 2007 inspections of the property by the OC&I revealed that 58 condominium units were constructed which included the installation of individual wells as a water supply, and 19 of the units were sold and occupied. On February 20, 2007 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent requiring the Respondent to submit a Preliminary Determination application for the installation and use of wells as a water supply for the project and to cease further installation and use of wells as a water supply for the project until an approval was issued by the FWPP. On September 20 2007 the Respondent filed an application with the FWPP but the application was determined to be deficient. On October 26, 2007 the Respondent submitted plans that showed that 12 new wells were drilled after the issuance of the NOI and that 67 condominium units had been sold and were occupied. The OC&I determined that the Respondent failed to comply with the NOI and failed to comply with Conditions 5 and 7 of the Revised Permit. In the NOV, OC&I ordered the Respondent to cease further installation and use of wells for water supply for the condominium development on the Property until such time that an approval was issued by the FWPP, address all deficiencies in Respondent's application to the FWPP and ordered the Respondent to record the Revised Permit in the land evidence records. OC&I assessed an administrative penalty of $3,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to restrict the total number of certificates of occupancy for the condominium development to a maximum of 95 units until the Respondent obtains approval from RIDEM for more individual wells or the Respondent obtains approval from the Kent County Water Authority for public water. The Respondent further agreed that no building permits will be obtained for any residential, commercial or industrial buildings within Phase 2, Phase 3, or Phase 8 of the Respondent's Master Plan until the Respondent obtains approval from RIDEM to construct public or private wells that will provide water to the buildings or the Respondent obtains approval from the Kent County Water Authority for public water. The Respondent agreed to a cash penalty of $3,500.00, which was paid upon execution of the Agreement.



January 7, 2008 - OC&I/AIR File No. 07 - 02 re: Teknicote, Inc. for property located at 2 Titus Street in the Town of Cumberland. The Respondent operated/operates an organic solvent cleaning machine using trichloroethylene ("TCE") at the facility. TCE is a listed air contaminant in RIDEM's Air Pollution Control ("APC") Regulation No. 22 entitled, "Air Toxics". EPA has listed TCE as a hazardous air pollutant ("HAP") pursuant to the Federal Clean Air Act (42 U.S.C. 7412, Section 112(b)). Pursuant to the Emergency Planning and Community Right-To-Know Act (40 CFR Part 372), also called the Toxics Release Inventory (TRI), Respondent's emissions, transfers and waste management data for TCE must be reported annually to RIDEM and the EPA. Respondent's facility is a stationary source of air pollutants subject to the APC Regulations. Respondent's organic solvent cleaning machine is subject to APC Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". On or about November 1, 1993 RIDEM's Office of Air Resources ("OAR") issued a permit to the Respondent pertaining to Respondent's TCE solvent cleaning machine and solvent recovery system to control emissions. On July 10, 2007 the OC&I issued a NOV to Respondent alleging that Respondent violated APC Regulation No. 36 and APC Regulation No. 9 entitled "Air Pollution Control Permits". The violations pertained to Respondent's failure to maintain compliance with its 275 pound per month TCE emission limitation on a 12-month rolling average (i.e., not to exceed 3,300 pounds per year) as a result of Respondent's having reported annual TCE air emissions of 17,054 to 19,200 pounds in 2000; 11,309 to 11,880 pounds in 2001; 6,102 to 6,700 pounds in 2002; 5,773 to 8,580 pounds in 2003; 9,240 pounds in 2004 and 7,925 pounds in 2005; failure to comply with multiple record keeping and reporting requirements; and failure to demonstrate that the vapor degreaser's carbon adsorber was compliant with requirements set forth in APC Regulation No. 36. In the NOV, the OC&I ordered the Respondent to demonstrate compliance with the applicable APC Regulations or permanently shut down Respondent's degreaser. A penalty in the amount of $63,489.00 was assessed for Respondent's noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay the penalty in full as assessed in the NOV. The OC&I agreed to allow Respondent to offset $42,000.00 of the penalty in the form of a Supplemental Environmental Project. The SEP included Respondent's agreement to eliminate any and all usage of trichloroethylene at the facility by 1 March 2008 for a period of at least five (5) years. The OC&I agreed that the total cost of the SEP is estimated to be worth $73,700.00. In addition, the Respondent agreed to a cash penalty in the amount of $21,489.00. The penalty was paid upon execution of the Consent Agreement.



January 9, 2008 - OC&I/ISDS File No. CI 92 - 224 re: Thornton O. Simmons, Jr., Ethan F. Simmons, and Mary Miska for property located at 41 East Main Road, Assessor's Plat 27, Lot 72, in the Town of Little Compton. The property includes a 4-bedroom structure (a 3-bedroom dwelling and a 1-bedroom apartment) and a separate garage. The property is owned by the Respondents. On June 27, 2007 the OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to renovating and repairing a structure served by an individual sewage disposal system ("ISDS") without approval by RIDEM and the discharge of sewage to the surface of the ground. In the NOV, OC&I assessed an administrative penalty of $2,800.00. The Respondents filed an appeal of the NOV with AAD. The Respondents repaired the failed ISDS, which was conformed by RIDEM on December 4, 2007. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay an administrative penalty of $1,300.00 which was paid upon execution of the Consent Agreement.



January 10, 2008 - OC&I/UST File No. 05 - 02686 re: Y&I Gas, Inc. for property located at 1344 Westminster Street, Assessor's Plat 32, Lot 506 in the City of Providence. On February 8, 2006 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondent owns and operates two USTs on the property consisting of an 8,000-gallon gasoline UST and a 4,000-gallon gasoline UST. The violations pertained to Respondent's failure to submit its UST Environmental Results Program compliance certifications by the deadline required in the UST Regulations and further failed to submit the compliance certifications in response to a deadline set forth in a Notice of Intent to Enforce issued to UST facility owners and operators, failure to compile inventory control records for its USTs, failure to perform annual functionality testing of the line leak detectors from 1998 through 2004, failure to test its continuous monitoring system ("CMS") on a monthly basis from October 2002 through October 2005, failure to perform annual certification/testing of the CMS during the years 1998 through 2004, failure to maintain the dispenser sumps free of liquid, and failure to label, secure and maintain groundwater monitoring wells installed on the property in compliance with the UST Regulations. In the NOV the Respondent was ordered to submit its compliance certification checklist, statement and return to compliance plans and to resolve all violations identified in the NOV. OC&I assessed a penalty in the amount of $12,759.00. The Respondent failed to request a hearing to contest the NOV. Prior to proceeding to Superior Court to enforce the NOV, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent was able to document that it was currently in compliance with the UST Regulations. The Respondent agreed to pay a penalty in the amount of $10,889.00. The OC&I agreed to allow the Respondent to pay $750.00 upon execution of the Consent Agreement and the remaining penalty to be paid in consecutive monthly installments until the agreed upon penalty is paid in full.



January 10, 2008 -OC&I/Septic System File No. CI06-109 re: Jennifer Drape for property located at 230 Robert Gray Avenue, Assessor's Plat 164, Lot 74 in the Town of Tiverton. The property includes a 3-bedroom single family dwelling. The property is owned by the Respondent. On June 27, 2007 the OC&I issued a NOV to the Respondent alleging certain violations of 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 discharge of sewage to the surface of the ground. In the NOV, OC&I assessed an administrative penalty of $600.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent repaired the failed ISDS, which was conformed by RIDEM on November 30, 2007, and paid the penalty of $600.00.



January 16, 2008 - OC&I/ UST No. 06 - 01327 re: Arlene R. Barbosa and Gilbert Elchami for property located at 517 Warren Avenue, Assessor's Map 307, Block 9, Parcel One in the City of East Providence. Respondent Barbosa is the owner of the property. The property contains a UST facility known as Discount Fuels. Respondent Elchami was the operator of the facility. The UST facility has four USTs consisting of 3 8,000-gallon gasoline USTs and 1 500-gallon heating oil UST. On October 25, 2006 the OC&I issued a NOV to 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"). On June 30, 2005 the RIDEM received an Environmental Results Program ("ERP") Compliance Certification Checklist from Respondent Elchami. Respondent Elchami certified that the UST facility was being operated in full compliance with the UST Regulations. Respondent Barbosa failed to sign the ERP Checklist. An inspection by the OC&I in July 2005 revealed that Respondents failed to upgrade bare steel sections of the product piping lines for the 3 gasoline USTs, failed to compile inventory control records for the 3 gasoline USTs from March 2004 through July 2005, failed to perform monthly testing of the continuous monitoring system from March 2004 through July 2005, failed to keep the spill containment basins for 2 of the gasoline USTs and the heating oil UST free of liquids and debris, failed to mark the fill port for the heating oil UST, failed to label and secure the observation wells on site and failed to perform an annual groundwater evaluation during the year 2004. In the NOV the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $6,700.00. Respondent Arlene Barbosa filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent executed a Consent Agreement with the OC&I to resolve the enforcement action. The Respondent agreed to document compliance with the UST Regulations within 60 days of execution of the Consent Agreement and agreed to pay a penalty in the amount of $5,360.00. The OC&I agreed to allow the Respondent to pay $1,000.00 upon execution of the Consent Agreement and to pay the remaining penalty in consecutive monthly payments.



January 17, 2008 - OC&I/Hazardous Waste File No. 06 - 007 re: Portola Tech International, Inc. for property located at 85 Fairmount Street, Assessor's Plat 8, lot 24 in the City of Woonsocket. On February 7, 2007 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations") and applicable sections of Title 40 of the Code of Federal Regulations pertaining to the management of hazardous waste. Rhode Island is delegated authority to enforce the federal regulations by the EPA. The violations pertained to Respondent's failure to: label all satellite containers holding hazardous waste; maintain satellite containers of hazardous waste at the point of generation and under the control of the operator; properly label all containers of hazardous waste in storage; conduct weekly inspections of containers of hazardous waste in storage looking for leaks and deterioration and maintain weekly inspection logs; provide training to employees that handle hazardous waste; determine if wastes located at the facility are hazardous; submit a list of personnel authorized to sign hazardous waste manifests; provide adequate aisle space between containers of hazardous waste stored at the facility; apply for an EPA ID number; provide adequate secondary containment for containers holding liquid hazardous waste; complete a biennial report to EPA regarding hazardous waste generation at the facility; complete hazardous waste manifests and certify that the manifest is both accurate and complete; and comply with universal waste regulations relating to proper storage of wastes. 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 $32,500.00. 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 Respondent documented that the facility is in compliance with the Hazardous Waste Regulations and agreed to file a Large Quantity Generator biennial report in accordance with the order section of the NOV. The Respondent agreed to pay a penalty in the amount of $17,550.00. The penalty was paid upon execution of the Consent Agreement.



January 28, 2008 - OC&I/Water Pollution File No. 2007 442WP and WP 07- 41 re: Fleet Construction Co., Inc. for property located approximately 1,100 feet southwest of Old East Avenue, approximately 1,250 feet southwest of the intersection of Old East Avenue and Greenwich Avenue (Route 5), approximately 1,400 feet south of the Crowne Plaza Hotel, Assessor's Plat 257, Lot 10 in the City of Warwick. Bellecastle Realty, Inc. is the owner of the property and is presently engaged in developing the property for residential and commercial use. The Respondent was contracted to perform site work associated with the development of the property. On September 18, 2007, OC&I issued a NOV to the Respondent alleging certain violations of the Water Pollution Act and RIDEM's Water Quality Regulations relating to the pumping (via a portable pump) sediment-laden water from the construction site into the nearby freshwater wetland. In the NOV, OC&I assessed an administrative penalty of $12,500.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $7,500.00, which was paid upon execution of the Consent Agreement.

 

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.