July 2000 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of July 2000. 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:

July 14, 2000 - OC&I/UST File No. 00-01841 re: Albert L. Conti, Patricia K. Conti and Snug Harbor Marina, Inc. for property located at 410 Gooseberry Road, Assessor's Plat 88-1, lot 10, South Kingstown. The OC&I alleges that the Respondents violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (" the UST Regulations). These violations pertained to tank upgrade requirements for UST systems, prohibiting substantial modification of UST systems without prior notification and approval, and requirements to install overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty of $6,210.00. The Respondents have appealed the NOV to the AAD.

July 14, 2000 - OC&I/WATER File No. 00-014 and WETLANDS File No. C98-0240 re: A. Cardi Realty Co., Inc. for property located west of Arnold Road, Assessor's Plat 15, Lots 97.1 and 97.2, Plat 14, Lots 1, 95 and 96 and Plat 6, Lot2, Coventry. The OC&I alleges that the Respondent violated sections of Rhode Island's Water Pollution Law, RIDEM's Water Quality Regulations, the Freshwater Wetlands Law and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. These violations pertain to alterations of freshwater wetlands and waters of the State from deposition of sediment, silts, sands and other material from the discharge of process water and stormwater. Freshwater wetlands and waters of the State consist of Ropewalk Pond, Ropewalk Brook, a swamp and an unnamed pond. The OC&I alleges that approximately 5.5 acres in area of pond and swamp has been subjected to deposition of material along with 2000 linear feet of Ropewalk Brook. The alterations have taken place on property owned by the Respondent and by others. A Notice to Owner has been issued to the other owners to inform them of the alleged violations. The OC&I ordered the Respondent to cease further alterations, prepare a plan to address compliance with the water quality regulations and to restore all wetlands. A penalty in the amount of $28,800.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

July 18, 2000 - OC&I/LUST File No. 00-1075 re: John E. Anderson, Sr. and ANDCO, Incorporated for property located at 170 Amaral Street, Assessor's Map 508, Block One, Parcel 4, East Providence. The OC&I alleges that the Respondents violated multiple sections of RIDEM's UST Regulations, the Water Pollution Law, the Rules and Regulations for Groundwater Quality and the Oil Pollution Control Regulations. These violations pertain to a release or discharge of oil or pollutants to waters of the State; the discharge of oil/petroleum product; contamination of groundwater; failing to register a UST facility; corrosion protection upgrade requirements for steel UST systems; precision testing requirements; spill containment; overfill protection; closure of UST's without approval; notification of UST removal or closure and requirements for a closure assessment. The OC&I ordered compliance with the law/regulations including submission of a Closure Assessment and if Recommended, submission of a Site Investigation Report and Corrective Action Plan. A penalty of $93,975.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

July 24, 2000 - OC&I/WATER File No. CI1382, RISUIC File No. 00489 and SEPTIC SYSTEM File No. CI-00-54 re: DB Properties Management, Inc. for property located at 1308 Stafford Road, Assessor's Plat 99, Lot 108A, Tiverton. The OC&I alleges that the Respondent violated portions of the Water Pollution Law, RIDEM's Groundwater Quality Regulations, RIDEM's Underground Injection Control Regulations (the UIC Regulations) and RIDEM's ISDS Regulations. In general, these violations relate to a discharge of pollutants to waters of the State including groundwater; operating a facility in a manner that is likely to result in a discharge of pollutants to groundwater; operating an injection well which pollutes or endangers groundwater quality; installing or constructing an injection well without a permit and allowing overflow or spillage of any treated or untreated sewage on or to the surface of the ground. The OC&I ordered a plan of remediation, compliance with the regulations and assessed a penalty of $6,500.00.

July 25, 2000 - OC&I/Solid Waste File No. CI/SW 99-066 re: N.E. Ecological Development, Inc. (N.E.E.D.) for N.E.E.D.'s Transfer Station/Wood Recovery Facility located at 23 Green Hill Road, Assessor's Plat 32, Lots 14, 21, 22 and 25, Johnston. The OC&I alleges that the Respondent on 58 occurrences violated Rule 1.4.03 © of the Rules and Regulations for Composting Facilities and Solid Waste Management Facilities relating to objectionable odors beyond the property line of the facility. The OC&I ordered remedial measures to prevent objectionable odors from migrating beyond the property line and ordered compliance with the facility's approved operating plan. A penalty in the amount of $43,500.00 was assessed against the Respondent.

Formal Enforcement Cases - Settled or Resolved

July 17, 2000 - OC&I/AIR File No. 99-16-NOV re: Smithfield Convenience Center, Inc. for property located at 285 George Washington Highway, Smithfield. The OC&I issued a NOV to Respondent on January 11, 2000 alleging that the Respondent violated portions of Air Pollution Control Regulation No. 11 pertaining to Petroleum Liquids Marketing and Storage. These violations related to failing to: notify the Division of Air Resources of the installation of a Stage II vapor recovery system, certify proper installation, conduct a leak test, conduct a liquid blockage test, conduct a vapor space tie test prior to initial operation of the system, provide employee training, weekly inspect all above ground parts and post operating instructions. The facility was dispensing gasoline without proper certification. The OC&I ordered compliance with the regulations and assessed a penalty of $7,000.00. The Respondent and the OC&I executed a consent agreement wherein it was acknowledged that the Respondent has fully complied with the orders set forth in the NOV. The Respondent agreed to and has paid a penalty in the amount of $5,000.00.

July 25, 2000 - OC&I/WETLANDS File No. C89-0006 re: Metals Recycling for property located approximately 800 feet north-northeast of the intersection of Killingly Street & Interstate Rte. 95, Plat 114, Lots 26-30, 330-332, 374-377, 381, 382, paper street Maria Avenue & paper street Newland Street, Providence. On January 6, 1989, the RIDEM issued a Notice of Violation to Respondent alleging violations of the Freshwater Wetlands Act. The RIDEM ordered corrective actions and assessed an administrative penalty. Although the Respondent paid an administrative penalty and entered a consent agreement to resolve the violation, the Respondent did not fully comply with the requirements of the agreement. With the assistance of the Attorney General's Office restoration of the wetland eventually occurred and stipulated noncompliance penalties of $32,500 was paid by the Respondent.