July 2001 Enforcement Action Summary

Actions Issued

Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of July 2001. 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 11, 2001 - OC&I/Septic System File No. CI94-404 re: Henderson Realty Inc., for property located at 800 Tiogue Avenue (Dunkin Donuts) in the Town of Coventry otherwise identified as Assessor's Plat 364, Lot 182. The OC& I alleges that the Respondent violated DEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property. The OC &I issued Notice's of Intent to Enforce ("NOI") to the Respondent in September 2000 and October 2000, but the Respondent failed to comply with the NOIs. The OC&I ordered the Respondent to pump the system immediately by a licensed septage hauler, continue such pumping until the system is repaired, immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. A penalty of $4,000 was assessed against the Respondent.



July 12, 2001 - OC&I/Septic System File No. CI94-378 re: Mary B. Law, for property located at 10 Knight Street in the Town of Coventry otherwise identified as Assessor's Plat 63, Lot 127. The OC& I alleges that the Respondent violated DEM's ISDS Regulations by allowing laundry waste to discharge to the surface of the ground at the property. The OC&I issued Notice's of Intent to Enforce ("NOI") to the Respondent in January 1995 and March 1996, but the Respondent failed to comply with the NOIs. The OC&I ordered the Respondent to cease the overflow of laundry waste to the surface of the ground, and to submit a repair application to correct the laundry waste discharge. A penalty of $2,400 was assessed against the Respondent.



July 12, 2001 - OC&I/Wetlands File No. C99-0520 re: Roger and Deborah Pratas for property located approximately 300 feet east of East Wallum Lake Road, at house number 455, approximately 700 feet southeast of the intersection of East Wallum Lake Road and Whipple Road in the Town of Burrillville, otherwise identified as Assessor's Plat 139 and Lot 26. The OC&I alleges that the Respondents violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, grading, and filling within a Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 4,250 square feet of Wetland and were in nonconformance with a permit that was issued by DEM to the Respondents. The Respondents were ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $1,800 was assessed, jointly and severally, against each named Respondent.



July 13, 2001 - OC&I/Septic System File No. CI98-224 re: Rose Marie Brindamour for property located at 20 Darrow Drive in the City of Warwick otherwise identified as Assessor's Plat 364, Lot 182. The OC&I alleges that the Respondent violated DEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property. The OC&I issued Notice's of Intent to Enforce ("NOI") to the Respondent in November 1999 and February 2000, but the Respondent failed to comply with the NOIs. The OC&I ordered the Respondent to pump the system immediately by a licensed septage hauler, continue such pumping until the system is repaired, immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. A penalty of $3,000 was assessed against the Respondent.



July 13, 2001 - OC&I/Wetlands File No. C00-0183 re: Alfred DeFazio for property located approximately 1,200 feet east of Cucumber Hill Road at Utility Pole Numbers 120 and 121, approximately 3,100 feet southeast of the intersection of Hartford Pike and Cucumber Hill Road in the Town of Foster, otherwise identified as Assessor's Plat 7 and Lot 13. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, grading, and constructing a driveway in a Swamp and Perimeter Wetland. These activities resulted in the unauthorized alteration of approximately 81,600 square feet of Swamp and 26,000 square feet of Perimeter Wetland. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $3,000 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C01-0001 re: Chris Ann DeSarro for property located approximately 1,000 feet east/northeast of the intersection of King's Factory Road and Shumankanuc Hill Road, approximately 3,200 feet south/southeast of the intersection of King's Factory Road and Indian Cedar Drive, immediately north of King's Factory Road, in the Town of Charlestown, otherwise identified as Assessor's Plat 22, Lot 3-9. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, and constructing a single family dwelling and driveway in a Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 24,700 square feet of Riverbank Wetland. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $1,000 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C00-0273 re: Ashford Homes for property located immediately north of Sturbridge Way, behind house number 18, approximately 610 feet northeast of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 11, Lot 736, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to filling, clearing, and constructing an unauthorized deck within Perimeter Wetland. These activities resulted in the unauthorized alteration of 675 square feet of Perimeter Wetland and were in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $2,800 was assessed against the Respondent.



July 13, 2001 - OC&I/Wetlands File No. C00-0276 re: Ashford Homes for property located immediately southeast of Sturbridge Way, adjacent to house number 17, approximately 580 feet southeast of the intersection of Sturbridge Way and Lonsdale Avenue, Assessor's Plat 11, Lot 734, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to failure to install plantings in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to install the plantings required as part of the permit. A penalty of $1,000 was assessed against the Respondent.



July 13, 2001 - OC&I/Wetlands File No. C00-0275 re: Ashford Homes for property located immediately east of Sturbridge Way, adjacent to house number 19, approximately 680 feet east of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 11, Lot 735, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to failure to install plantings in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to install the plantings required as part of the permit. A penalty of $1,000 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C00-0218 re: Ashford Homes for property located immediately north of Sturbridge Way, behind house number 4, approximately 150 feet east of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 11, Lot 741, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to filling, clearing and construction of a deck within Perimeter Wetland. These activities have resulted in the unauthorized alteration of 3,000 square feet of Perimeter Wetland and were in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $1,800 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C00-0219 re: Ashford Homes for property located immediately northeast of Sturbridge Way, behind house number 8, approximately 250 feet east of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 11, Lot 740, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to failure to filling, clearing, and construction of a deck within Perimeter Wetland and failure to install plantings. These activities resulted in the unauthorized alteration of 4,500 square feet of Perimeter Wetland and were in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $2,800 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C00-0220 re: Ashford Homes for property located immediately north of Sturbridge Way, behind house number 12, approximately 300 feet east of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 12, Lot 739, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to filling and clearing within Perimeter Wetland. These activities resulted in the unauthorized alteration of approximately 2,800 square feet of Perimeter Wetland and were in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $1,700 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C00-0221 re: Ashford Homes for property located immediately north of Sturbridge Way, behind house number 14, approximately 420 feet east of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 11, Lot 738, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to filling and clearing within Perimeter Wetland. These activities resulted in the unauthorized alteration of approximately 4,050 square feet of Perimeter Wetland and were in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $2,800 was assessed in the NOV.



July 13, 2001 - OC&I/Wetlands File No. C00-0272 re: Ashford Homes for property located immediately north of Sturbridge Way, behind house number 16, approximately 520 feet northeast of the intersection of Sturbridge Way and Lonsdale Avenue, otherwise identified as Assessor's Plat 11, Lot 737, in the Town of West Warwick. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to filling and clearing within Perimeter Wetland. These activities resulted in the unauthorized alteration of approximately 400 square feet of Perimeter Wetland and were in nonconformance with a permit that was issued by DEM to the Respondent. This property was part of a 12-lot subdivision that the Respondent developed, and freshwater wetland violations were present on 8 of the 12 lots. The Respondent was ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $1,700 was assessed against the Respondent.



July 17, 2001 - OC&I/RCRA File No. 00-084 re: C&J Jewelry Company Inc. for property located at 100 Dupont Drive, Assessor's Map Plat 50, Lot 710 in the City of Providence. The OC&I alleges that the Respondent violated multiple sections of the RI Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations relating to protection of the environment. The violations cited relate to the Respondent's failure to properly mark and label containers of hazardous waste, keep containers of hazardous waste closed, develop and maintain a contingency plan, document training for company personnel dealing with hazardous waste, provide adequate secondary containment for hazardous waste drums, provide adequate aisle space for hazardous waste containers, conduct biennial reporting and submit names and signatures of agents authorized to sign hazardous waste manifests. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $20,200.00.



July 24, 2001 - OC&I/LUST File No. 01-328 re: Charles T. Cove and Cove Metal Co. for property located at 65 Mill Street, Assessor's Map 179, Lot 59 in the Town of Burrillville. The OC&I alleges that the Respondents violated Rhode Island's Water Pollution Act, Oil Spill Pollution Prevention and Control Act, and Refuse Disposal Act along with RIDEM's Oil Pollution Control Regulations and its UST Regulations. The violations relate to Respondents' release of oil into ground water on the property and into the nearby Branch River. The OC&I alleges that oil discharged from two underground 30,000-gallon fuel oil tanks abandoned on the property resulting in pollutants entering waters of the state. The Respondents failed to register the USTs, abandoned them on site and also allowed up to 1000 cubic yards of solid waste to be maintained on the property. The OC&I ordered final clean up of the property including the removal of all solid waste, closure of the USTs on site and reimbursement of all funds expended or that may be expended for DEM's investigation and remediation of the contamination. A penalty in the amount of $48,130.00 was assessed against the Respondents.



July 25, 2001 - OC&I/Solid Waste File No. 01-015 re: The Estate of Abilio Ferreira for property located between Doris Avenue and Russel Avenue, Assessor's Plat 158, Lots 55, 56, 73, 74, 75, 76, 93, and 94 in the Town of Bristol. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act by disposing of solid waste on the property. On April 5, 2000, OC&I personnel observed more than 257 cubic yards of mixed solid waste on the property. Following the inspection, a Letter of Noncompliance was issued to the Respondent requiring removal of the waste and disposal at a licensed solid waste management facility. Follow up inspections of the property uncovered additional waste disposal up to approximately 411 cubic yards, and on May 1, 2001 an inspection found that solid waste had been burned at the site. The NOV ordered the respondent to immediately cease disposal of waste on the property, to remove the waste within 90 days, to dispose of the waste at a licensed facility and to document proper disposal. A penalty in the amount of $6,250.00 was assessed.



July 27, 2001 - OC&I/LUST File No. 01-3949 re: Mill Woonsocket Associates, LP for property located at 96 Mill Street, Assessor's Plat 35, Lot 115 in the City of Woonsocket. The OC&I alleges that the Respondent violated Rhode Island's Water Pollution Control Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations and sections of RIDEM's UST Regulations. The violations pertain to Respondent's abandonment of UST systems on the property, failure to submit a Transfer of Certificate of Registration to RIDEM for ownership of the USTs, failure to close abandoned USTs in a timely manner and allowing a release of petroleum into the groundwater and the nearby Peters River. The OC&I ordered continued remediation of the property, compliance with the UST Regulations regarding Closure Assessment, Site Investigation and Corrective Action and reimbursement to RIDEM for all funds expended in investigation or remediation. A penalty of $35,184.60 was assessed in the NOV.

Formal Enforcement Cases - Settled or Resolved

July 2, 2001 - OC&I/UST File No. 00-02475 re: Spectrum Coatings Laboratories, Inc. for property located at 217 Chapman Street, Assessor's Plat 58, lot 438, in the City of Providence. On December 13, 2000, the OC&I issued a NOV to the Respondent alleging that Respondent violated multiple sections of the UST Regulations. The violations pertained to precision testing requirements, installation of spill containment basins, installation of overfill protection, abandonment of UST systems requiring permanent closure and not meeting the requirements for a closure assessment. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $51,730.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the Respondent and the OC&I executed a consent agreement to resolve the NOV. During negotiations for settlement, the Respondent was able to document compliance with sections of the UST regulations to the satisfaction of the OC&I and agreed to pay a penalty for past noncompliance. The penalty was reduced to $5,330.00.



July 6, 2001 - OC&I/Septic System File No. C192-225 re: Ralph and Barbara Higgins for property located at 1329 Greenwich Avenue, otherwise known as Assessor's Plat 246, Lot 223 in the City of Warwick. On February 17, 1993 OC&I issued a NOV to the Respondents for allegedly violating DEM'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 the overflow or spillage of sanitary sewage to the surface of the ground from the septic system at the property. The OC&I ordered the Respondents to pump the system immediately by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. The OC&I assessed a penalty of $ 2,000. The Respondents and the DEM entered into a Consent Agreement in December 1993. Under the terms of the Consent Agreement, the Respondent agreed to vacate the subject property until a new septic system was approved and installed in conformance with the Department's regulations. The administrative penalty was waived. The Respondents failed to comply with the consent agreement to resolve the violations. In lieu of proceeding to Superior Court to enforce the agreement, the OC&I referred the case to mediation. Following mediation of the case, the Respondents provided a report prepared by a septic system designer that demonstrated that the system was functioning properly.



July 6, 2001 - OC&I/UST File No.00-03321 re: Village Associates, Inc. for Colonial Village Apartments for property located at 60 School Street, Assessor's Plat 5, Lot 4 in the Town of North Smithfield. On July 16, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated portions of the UST Regulations pertaining to corrosion protection upgrade requirements and precision testing requirements. The OC&I ordered the submission of a permanent closure application and the removal of UST No. 001 from the Respondent's property. The Respondent was also ordered to submit a Closure Assessment and all precision testing results for the UST. The OC&I assessed a penalty of $18,290.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent negotiated a settlement and executed a consent agreement to resolve the enforcement action. The Respondent was able to document compliance with portions of the regulations and agreed to a penalty of $6,200.00 for past noncompliance.



July 10, 2001 - OC&I/SW/MEDICAL WASTE File No. 00 - 051 re: Associated Processor & Medical Waste Services of P.O. Box 832, Natick, MA. On February 16, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent transported medical waste without a permit on at least two occurrences in violation of RI General Law Section 23-19.12-8 and Regulations DEM-DAH-MW-01-92 Section 14.01(a). The Respondent was ordered to cease transportation of regulated medical waste in RI and to obtain a permit for any further transportation of regulated medical waste. The OC&I assessed a penalty of $6,000.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the Respondent and the OC&I executed a consent agreement to resolve the NOV wherein it was acknowledged that the Respondent came into compliance with the regulations by obtaining its permit to transport medical waste and paid its registration fee. The penalty was reduced to $2,400.00.



July 11, 2001 - OC&I/Septic System File No. CI97-225 re: Robert and Valerie Peacock, for property located at 473 Fairview Avenue in the Town of Coventry, otherwise identified as Assessor's Plat 63, Lot 150. On July 8, 1999 the OC&I issued a NOV to the Respondents alleging certain violations of DEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property. The OC&I assessed a penalty of $3,000 and ordered the Respondents to pump the system immediately by a licensed septage hauler; continue such pumping until the system was repaired; and repair the system. The Respondents did not request a hearing on the NOV. The Respondents failed to repair the septic system or pay the penalty, and the DEM filed a lawsuit in Superior Court in March 2000. The Respondents were ordered by the Court to repair the septic system. Thereafter, the Respondents repaired the septic system and were ordered by the Court to pay a penalty of $2,000, which has now been paid to the DEM.



July 18, 2001 - OC&I/Water File No. CI-1370 re: NESI Realty, LLC for property located at 285 Smith Street, North Kingstown, otherwise identified as Plat 183, Lot 19 in the town of North Kingstown. On March 21, 2000 the OC&I issued a NOV to the Respondent alleging certain violations of the Rhode Island Water Pollution Control Act and the Water Quality Regulations. The alleged violations involved the discharge of process wastewater from a sediment chamber and dewatering building to the stormwater drainage system where it was entering the waters of the State. The OC&I assessed a penalty of $10,000.00 and ordered corrective action. The Respondent eliminated the process wastewater discharge to the waters of the State, implemented a plan to improve their filter press system, and installed controls to prevent any potential leaks from the filter press building to the waters of the State. The Respondent and OC&I executed a consent agreement whereby the Respondent agreed to undertake a Supplemental Environmental Project (SEP) estimated to cost $2,100.00 and to pay a cash penalty in the amount of $5,400.00. The penalty has been paid and the SEP has been completed.



July 26, 2001 - OC&I/Water File No. CI-1376 re: Town of Bristol Wastewater Treatment Facility located at 2 Plant Avenue in the town of Bristol. On April 19, 2000 the OC&I issued a NOV to the Respondent alleging certain violations of the Rhode Island Water Pollution Control Act and the Water Quality Regulations. The alleged violations involved the discharge of unchlorinated wastewater to the waters of the State, the failure to notify RIDEM within 24 hours of the chlorination failure, and the failure to install appropriate alarms at the facility as required by DEM. The OC&I assessed a penalty of $25,000. The Respondent and the OC&I executed a consent agreement to resolve the NOV whereby the Respondent agreed to undertake a Supplemental Environmental Project (SEP) estimated to cost $7,570 and to pay a cash penalty in the amount of $4,000.00. The penalty has been paid and the SEP has been completed.