July 2009 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 July 2009. 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 21, 2009 - UST File No. 09-16134 re: Mohamad Jamaleddin, Nizar Jamaleddin, and Zak Kattan for property located at 871 Elmwood Avenue, Assessor's Plat 88, Lot 105 in the city of Providence. The property includes a convenience store and a gasoline station. The property includes one 5,000 gallon and one 10,000 gallon underground storage tank (UST) used for storage of gasoline and one 5,000 gallon UST used for the storage of diesel fuel. The OC&I alleges that the Respondents are in violation of the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to maintain inventory control records; failure to provide written verification that line leak detectors were tested by a qualified person in 2006 and 2007; failure to provide written verification that the dispenser shear valves had been tested in 2006 and 2007; improper level setting for leak sensors in piping collection sumps for two USTs; failure to investigate a "fuel alarm" for the piping collection sump for one UST; failure to provide written verification that the continuous monitoring system (CMS) had been tested on a monthly basis by the owner/operator and that the CMS had been tested/certified by a qualified person in 2006 and 2007; and failure to keep the collection sumps free of liquid. The violations were observed during an inspection conducted by OC&I on June 4, 2008. On August 28, 2008 OC&I hand delivered a Letter of Noncompliance (LNC) requiring action to correct the violations observed during the June 2008 inspection (previous attempts to mail the LNC to the Respondents were unsuccessful). In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $10,208.00.

 

Formal Enforcement Cases Settled or Resolved:

July 9, 2009 - Water Pollution File No. WP 08-124 re: Getty Terminals Corp. for an above ground storage facility for various types of refined petroleum that the Respondent operates at Dexter Road and Massasoit Road in East Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001651. The RIPDES Permit authorizes the Respondent to discharge storm water and non-storm water from the facility to the Ten Mile River. The storm water is comprised of surface water from the terminal site, parking lots, and the containment or diked areas surrounding the above ground storage tanks and is treated by an oil/water separator prior to discharge. The facility has been shut down since April 2003 and currently does not discharge non-storm water. The RIPDES permit required the Respondent to: submit a Storm Water Pollution Prevention Plan (SWPPP) to RIDEM by October 1, 2005; comply with a discharge limit for total suspended solids of 20 milligrams per liter (mg/l) as a daily maximum; and comply with a discharge limit for oil & grease of 15 mg/l as a daily maximum. In accordance with the RIDPES permit the Respondent is required to submit to RIDEM a monthly Discharge Monitoring Report (DMR). On February 24, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rhode Island Water Pollution Act, R.I.G.L. §46-12-5(a), the RIDEM Water Quality Regulations and the RIDEM RIPDES Regulations. The violation pertained to the failure to submit the SWPPP and the failure to comply with the permit limits for total suspended solids and oil & grease. In the NOV, the Respondent was ordered to at all times comply with the RIPDES permit limits and submit the SWPPP within thirty (30) days. OC&I assessed an administrative penalty of $26,250.00. The Respondent filed an appeal of the NOV with AAD. The Respondent submitted a SWPPP to RIDEM, which was approved on March 13, 2009. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $20,000.00, which was paid upon execution of the Agreement.



July 9, 2009 - UST File No. 09-00701 re: S & H Realty, Inc. for property located at 905 Cranston Street, Assessor's Plat 7/2, Lot 2943 in the city of Cranston. The property includes a convenience store and a service station. On March 4, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertained to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) on or before June 30, 2007 for the underground storage tanks at the facility. The tanks are used for storage of petroleum products and are registered with RIDEM. In the NOV, OC&I assessed an administrative penalty of $1,500.00 for the late submission of the Forms. The Compliance Certification Forms were submitted on December 8, 2008. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $1,000.00, which was paid upon execution of the Agreement.



July 14, 2009 - UST File No. 08-03016 re: BJ Enterprises, LLC and Bassam Naiefeh for property located at 717 Park Avenue, Assessor's Plat 6/1, Lot 2162 in the city of Cranston. The property includes a convenience store and a gasoline station. On March 5, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertained to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) on or before June 30, 2007 for the underground storage tanks at the facility. The tanks are used for storage of petroleum products and are registered with RIDEM. In the NOV, OC&I assessed an administrative penalty of $1,500.00 for the late submission of the Forms. The Compliance Certification Forms were submitted on December 8, 2008. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $1,000.00 in five monthly payments of $200.00. The first payment of $200.00 was paid upon execution of the Agreement.



July 16, 2009 - Hazardous Waste File No. 2008 - 2008 HW re: Bio Waste, LLC. The Respondent has a permit issued from RIDEM to transport hazardous waste within the State of Rhode Island. On January 7, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations for Hazardous Waste Management. The violation pertained to the transportation of hazardous waste without a permanent EPA identification number. In the NOV OC&I assessed a penalty of $12,500.00. The Respondent did not file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $10,000.00 in ten monthly payments of $1,000.00. The first payment of $1,000.00 was paid upon execution of the Agreement.



July 22, 2009 - Water Pollution File No. WP07-106 re: RIDOT Maintenance Facilities. The Rhode Island Department of Transportation (DOT) is the owner and/or operator of property and maintenance support facilities in the following locations (Facilities): Belleville Facility, North Kingstown; Point Judith Facility, Narragansett; Anthony Road Facility, Portsmouth; West Main Road Facility, Portsmouth; Route 295/Route 6 Facility, Johnston; Cherry Hill Facility, Johnston; Lincoln Facility, Lincoln; Scituate Facility, Scituate; Glocester Facility, Glocester; Hope Valley Facility, Hopkinton; Mid-State Facility, East Greenwich; Charlestown Facility, Charlestown; Clayville Facility, Foster; Little Compton Facility, Little Compton; Route 7/Route 116 Facility, Smithfield; Summit Facility, Coventry; Warren Facility, Warren and Westerly Facility, Westerly. Piles of salt and salt/sand mixtures are stored at the Facilities. On or about December 19, 2003 RIDEM issued a Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit entitled "Storm Water Discharges from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s". The General Permit requires the permittee to enclose or cover by a storm resistant shelter all salt and salt/sand piles to prevent exposure to rain, snow, snowmelt, and/or runoff. DOT submitted a Storm Water Pollution Prevention Plan (SWPPP) for the following Facilities to comply with the General Permit: Belleville Facility, North Kingstown; Anthony Road Facility, Portsmouth; Cherry Hill Facility, Johnston; Lincoln Facility, Lincoln; Scituate Facility, Scituate; Glocester Facility, Glocester; Hope Valley Facility, Hopkinton; Mid-State Facility, East Greenwich; Charlestown Facility, Charlestown; Little Compton Facility, Little Compton; Route 7/Route 116 Facility, Smithfield; Summit Facility, Coventry; Warren Facility, Warren and Westerly Facility, Westerly. On August 22, 2008 OC&I issued an NOV to DOT alleging that DOT violated the RIDEM Rules and Regulations for Groundwater Quality, the RIDEM Regulations for the Rhode Island Pollutant Discharge Elimination System and the General Permit. The violations pertained to the failure to enclose or cover by a storm resistant shelter all salt and salt/sand piles to prevent exposure to rain, snow, snowmelt, and/or runoff. In the NOV, OC&I ordered DOT to install secure durable waterproof covers over the piles of salt and salt/sand mixtures OR place the piles of salt and salt/sand mixtures within an enclosed structure to prevent exposure to rain, snowmelt and/or runoff OR remove the piles of salt and salt/sand mixtures. OC&I assessed an administrative penalty of $25,000.00. DOT filed an appeal of the NOV with AAD. DOT submitted standard operating procedures (SOPs) for the management and storage of salt and salt/sand mixtures at the Facilities that have permanent structures for storage of salt and salt/sand mix piles. DOT also submitted SOPs for the temporary management and storage of salt and salt/sand mixtures at the Anthony Road and West Main Road Facilities, which currently do not have permanent structures for storage of salt and salt/sand mix piles. DOT also submitted a proposed schedule for the construction of permanent structures for storage of the salt and salt/sand mix piles at the Facilities that do not have permanent structures. Prior to an administrative hearing on the NOV, OC&I and DOT executed a Consent Agreement to resolve the enforcement action. DOT agreed to follow the SOPs at all times, agreed to complete construction of the permanent structures on or before December 2012, and agreed to submit a revised SWPPP that incorporates the SOPs. DOT also agreed to pay an administrative penalty of $20,000.00, which was paid upon execution of the Agreement.

 

Superior Court Actions Issued:

July 14, 2009 - OC&I/Septic System File No. CI05-0056 and Superior Court File No. PC09-4008 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant Ngar Chun Lew for property located at 74 Hopkins Hill Road, Assessor's Plat 29, Lot 214 in the town of Coventry. The property includes a single family dwelling. On August 21, 2006 OC&I issued an NOV to the Defendant alleging that the Defendant violated 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 from the septic system on the property to the surface of the ground. In the NOV the Defendant was ordered to pump the septic system as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the septic system failure, and repair the septic system if necessary. OC&I assessed an administrative penalty in the amount of $3,000.00. The Defendant did not file an appeal of the NOV with AAD, so the NOV automatically became a Final Compliance Order enforceable in Superior Court. On March 25, 2009 an inspection of the property by OC&I revealed continuing sewage overflows at the property as evidenced by sewage odor, mild laundry odor, and tall grass and dead areas around the septic system. In the Superior Court complaint, RIDEM is asking the court to order the Defendant to immediately pump the septic system to prevent sewage from overflowing to the ground and continue such pumping until the septic system is repaired, reduce the discharge of sewage to the septic system, retain a contractor to connect the plumbing at the dwelling to the town sanitary sewerage system, and pay the full penalty of $3,000.00 assessed in the NOV.



July 14, 2009 - OC&I/Septic System File No. CI05-0054 and Superior Court File No. PC 09-4010 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant Maurice J. Murphy for property located at 20 West Street, Assessor's Plat 25, Lot 37 in the town of Hopkinton. The property includes a three-bedroom single family dwelling. On November 23, 2007 OC&I issued an NOV to the Defendant alleging that the Defendant violated 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 overflow of sewage from the septic system that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Defendant to cease the discharge of sewage to the surface of the ground, pump the septic system as needed to prevent overflows, and repair the septic system. OC&I assessed an administrative penalty in the amount of $2,000.00. The Defendant did not file an appeal of the NOV with AAD, so the NOV automatically became a Final Compliance Order enforceable in Superior Court. On March 10, 2009 an inspection of the property by OC&I revealed continuing sewage overflows at the property as evidenced by fluid puddles seen on the surface of the ground and a strong sewage odor. In the Superior Court complaint, RIDEM is asking the court to order the Defendant to immediately pump the septic system to prevent sewage from overflowing to the ground and continue such pumping until the septic system is repaired, reduce the discharge of sewage to the septic system, repair the septic system and pay the full penalty of $2,000.00 assessed in the NOV.



July 14, 2009 - OC&I/Septic System File No. CI94-0522 and Superior Court File No. PC 09-4009 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendants James Kelshaw and Jennifer Kelshaw for property located at 45 Bates Avenue, Assessor's Plat 56, Lot 28 in the town of Coventry. The property includes a four-bedroom multi-unit dwelling. On July 31, 2007 OC&I issued an NOV to the Defendants alleging that the Defendants violated 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 failure of the septic systems on the property and the discharge of laundry waste from the dwelling to the surface of the ground. In the NOV, OC&I ordered the Defendants to cease the discharge of laundry waste to the surface of the ground, pump the septic systems as needed to prevent overflows, and repair the septic systems. OC&I assessed an administrative penalty in the amount of $1,800.00. The Defendants did not file an appeal of the NOV with AAD, so the NOV automatically became a Final Compliance Order enforceable in Superior Court. On March 25, 2009 an inspection of the property by OC&I revealed that the septic systems were failed and that there was evidence of continuing sewage overflows at the property. In the Superior Court complaint, RIDEM is asking the court to order the Defendants to immediately pump the septic systems to prevent sewage from overflowing to the ground and continue such pumping until the septic systems are repaired, reduce the discharge of sewage to the septic systems, repair the septic systems and pay the full penalty of $1,800.00 assessed in the NOV.



July 14, 2009 - OC&I/Septic System File No. CI 90-43 and Superior Court File No. PC 09-4007 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant Regina Johnson for property located at 20/22 Highland Avenue, Assessor's Plat 104, Lot 77 in the town of Coventry. The property includes a six-bedroom single family dwelling. On January 8, 2007 OC&I issued an NOV to the Defendant alleging that the Defendant violated 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 failure of the septic system on the property and the discharge of laundry waste from the dwelling to the surface of the ground. In the NOV OC&I ordered the Defendant to have the septic system evaluated by a licensed designer to determine the cause of the failure, determine what action will be necessary to address the laundry discharge, and repair the septic system, if necessary. OC&I assessed an administrative penalty of $1,200.00. The Defendant did not file an appeal of the NOV with AAD, so the NOV automatically became a Final Compliance Order enforceable in Superior Court. On March 12, 2009 an inspection of the property by OC&I revealed that the septic system was failed and that there was evidence of continuing sewage overflows at the property. In the Superior Court complaint, RIDEM is asking the court to order the Defendant to immediately pump the septic system to prevent sewage from overflowing to the ground and continue such pumping until the septic system is repaired, reduce the discharge of sewage to the septic system, repair the septic system and pay the full penalty of $1,200.00 assessed in the NOV.



July 14, 2009 - OC&I/Septic System File No. CI96-221 and Superior Court File No. PC 09-4006 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant Exxon Mobil Oil Corporation for property located at 3079 Tower Hill Road, Assessor's Plat 18-3, Lot 20 in the town of South Kingstown. The property includes a gasoline station and convenience store. On September 30, 2005 OC&I issued an NOV to the Defendant alleging that the Defendant violated 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 overflow of sewage from the septic system that is located on the property to the surface of the ground. In the NOV the Defendant was ordered to immediately take steps to reduce the discharge of sewage to the septic system, pump the septic system as needed to prevent overflows, and submit a written proposal for a permanent solution to the violation (which must include an inspection by a licensed designer to determine the cause of the failure) and submit an application to repair the system, if necessary. OC&I assessed an administrative penalty of $2,000.00. The Defendant did not file an appeal of the NOV with AAD, so the NOV automatically became a Final Compliance Order enforceable in Superior Court. The Defendant paid the full penalty of $2,000.00; however, no action was taken to correct the violation. In the Superior Court complaint, RIDEM is asking the court to order the Defendant to immediately pump the septic system to prevent sewage from overflowing to the ground and continue such pumping until the septic system is repaired, reduce the discharge of sewage to the septic system, and repair the septic system.

 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.