July 2010 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 2010. 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 1, 2010 - Hazardous Waste File No. 2009-73 HW re: Schultz Boat Company, Inc. and Schultz Boat Company, LLC for its facility located at 19 Broad Common Road in the town of Bristol. The facility manufactures boats. OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertain to Respondents failure to: properly label each container, excluding satellite accumulation containers, holding hazardous waste; label all satellite accumulation containers with the words "Hazardous Waste" and other words to describe the contents of the container; provide a containment system for all drums and containers holding liquid hazardous waste in storage on site; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; store hazardous waste onsite for a period of time that does not exceed ninety days; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; complete a manifest with the required information for each shipment of hazardous waste; conduct weekly inspections of container storage areas looking for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection; equip the facility with spill control equipment of sufficient type and quantity to respond to spills or unplanned releases of hazardous materials and waste; and provide training for all employees who manage hazardous waste. OC&I inspected the facility on July 23, 2009 and documented the violations. In the NOV, the OC&I ordered the Respondents to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations and assessed a penalty in the amount of $60,000.00.



July 9, 2010 - Air File No. 10-09 re: FPLE Rhode Island State Energy, L.P. for an electric generating facility located at 24 Shun Pike in the town of Johnston. RIDEM issued a permit to the Respondent on July 31, 2009 to emit air pollutants from the facility. The permit authorizes the Respondent to use treated wastewater from the Cranston Water Pollution Control Facility, which the Respondent further treats at the facility prior to use. The permit has the following conditions: comply with a total suspended solids (TSS) limit of 5 mg/l at the exit from the tertiary treatment system prior to chlorination; comply with a total chlorine residual limit of 1.0 mg/l at the terminal point of the wastewater pipeline; and have no more than 5% of the samples collected during the month be positive for fecal coliform bacteria if at least 40 samples per month are collected. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 29, entitled "Operating Permits". The violations pertain to the failure to comply with the permit. RIDEM inspected the facility on August 14, 2009 and August 18, 2009. The inspections revealed that the Respondent failed to: comply with the TSS limit on July 8, 2008, June 2, 2009, and June 12, 2009; comply with the total chlorine residual limit on September 23, 2008 and failed to report this incident of noncompliance to RIDEM in its semi-annual monitoring report for the period of July 1 2008 through December 31, 2008 and in its 2008 Annual Compliance Certification; and collected at least 40 samples for fecal coliform bacteria and reported positive fecal coliform readings from September 23, 2008 through September 26, 2008, which resulted in more than 5% of the samples collected during the month having tested positive for fecal coliform bacteria. In the NOV, OC&I assessed an administrative penalty of $15,000.00.



July 22, 2010 - Air File No. 10-10 re: ACN - Providence, LLC for a facility located at 455 George Washington Highway in the town of Smithfield. The Respondent reconditions metal drums at the facility using various surface coating operations and is a major stationary source of volatile organic compounds. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 19, entitled "Control of Volatile Organic Compounds from Surface Coating Operations" and APC Regulation No. 29, entitled "Operating Permits". The violations pertain to the failure to use a surface coating with an emission limit of no more than 3 pounds of volatile organic compounds per gallon of coating (minus water), as applied and the failure to submit a timely and complete permit application to RIDEM. RIDEM inspected the facility on February 17, 2009. The inspection revealed that the Respondent was using a miscellaneous metal parts surface coating called "Ring Dip", which was installed in or about calendar year 1990. The Ring Dip coating used between calendar years 2004 through 2008 had a volatile organic content of 4.19 to 4.33 pounds per gallon of coating (minus water), as applied. The Respondent failed to include the Ring Dip coating process on a renewal application it submitted to RIDEM on December 3, 2004. The Respondent submitted a letter to RIDEM on September 3, 2009 that summarized the actions taken to resolve the violations, which was accepted by RIDEM. In the NOV, OC&I assessed an administrative penalty of $15,000.00.



July 28, 2010 - Freshwater Wetland File No. C09-115 re: Brian and Corinne Fielding for property located at 2541 Ministerial Road, Assessor's Plat 38, Lot 9 in town of South Kingstown. The property is owned by the Respondents. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and filling (in the form of at least wood chips) within Swamp, 50-foot Perimeter Wetland and 200-foot Riverbank Wetland. This activity resulted in the unauthorized alteration of about 10,000 square feet of freshwater wetlands. The violation was first observed during an inspection of the property on November 12, 2009. On January 14, 2010 OC&I issued a written notice to the Respondents requiring restoration of the freshwater wetlands. OC&I received a letter from the Respondents' attorney on February 5, 2010 requesting that OC&I revise its conclusion as to the existence of any violations. OC&I attempted through a letter to the attorney on March 1, 2010 and by telephone to the Respondents to obtain permission to conduct a thorough inspection of the property. OC&I has not been given permission to inspect the property. In the NOV, OC&I ordered the Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $5,000.00.



July 2010 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 the RIDEM Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertain to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In each case OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent(s). The NIE 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 NIE. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system.



OC&I assessed the following administrative penalties against each named Respondent: Manuel and Nancy Andrade ($1,000.00); Sean and Julie Mitchell ($800.00); and Michael and Debra Smith ($1,400.00).



July 1, 2010 - Septic System File CI 10-43 re: Manuel and Nancy Andrade for property located at 21 Brayton Road, Assessor's Plat 116, Lot 22B in the town of Tiverton. The property includes a 4-bedroom dwelling that is owned by the Respondents.



July 1, 2010 - Septic System File CI 10-48 re: Sean and Julie Mitchell for property located at 6 Holly Drive, Assessor's Plat 28, Lot 47 in the town of Westerly. The property includes a 3-bedroom dwelling that is owned by the Respondents.



July 28, 2010 - Septic System File No. CI 09-49 re: Michael and Debra Smith for property located at 27 Hazard Street (also identified as 2 Knight Street), Assessor's Plat 63, Lot 125 in the town of Coventry. The property includes a 3-bedroom 2 family dwelling that is owned by the Respondents.

Formal Enforcement Cases Settled or Resolved:

July 13, 2010 - Air File No. 10- 04 re: Rhode Island Air National Guard for a facility located at 502 Rhode Warrior Way in the town of North Kingstown. On May 11, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of a 422 horsepower diesel fired emergency generator without applying for or receiving a minor source permit from RIDEM. The horsepower of the generator exceeded the 50 horsepower permitting threshold set forth in APC Regulation No. 9. On April 23, 2010 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. The application stated that the generator was installed in March 2009. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent complied with the NOV by paying the penalty in full.



July 14, 2010 - Underground Storage Tank File No. 09-00479 re: UPS Ground Freight, Inc. for property located at 617 George Washington Highway in the town of Lincoln. The property includes a building and garage and six underground tanks used for storage of petroleum products. On January 11, 2010 OC&I issue an 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 (UST Regulations) The violations pertained to the failure to: record inventory volume for fuel deliveries and withdrawals each operating day; record leak checks that reconcile differences in the daily measurement of inflows, outflows, and volume on hand on a monthly basis; and check for discrepancies of 1% or more of the flow through plus 130 gallons on a monthly basis. In the NOV OC&I ordered the Respondent to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $5,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay to RIDEM an administrative penalty of $3,000.00. The penalty was paid upon execution of the Agreement.



July 22, 2010 - UST File No. 02-02160 and UST File No. 05-02160 re: Carmine Groccia d/b/a Charlie's Mobil for property located at 247 Ashaway Road, Assessor's Plat 23, Lot 48 in the town of Hopkinton. The property includes a gasoline station and three underground storage tanks used for storage of gasoline. On August 28, 2002 OC&I issued an NOV to the Respondent alleging that the Respondent violated multiple sections of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to a failure to operate and maintain UST systems in compliance with national codes of practice, annual testing of the leak detection continuous monitoring system (CMS) and line leak detectors, monthly testing of the CMS by the operator, modification to the USTs without RIDEM approval, installation of leak monitors within piping collection sumps, installation of groundwater monitoring wells and maintenance of daily written inventory and reconciliation records. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $35,211.00. The Respondent did not file an appeal of the NOV with AAD and did not comply with the NOV. On December 28, 2005 OC&I issued a second NOV to the Respondent alleging that the Respondent again violated the UST Regulations. The violation pertained to noncompliance with the UST Environmental Results Program (ERP). In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. In February and March 2005, RIDEM held training sessions at various locations throughout Rhode Island to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. On July 27, 2005, the RIDEM issued an informal notice to the Respondent for failing to comply with the ERP. The Respondent was given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondent had not complied with the ERP. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondent failed to file an appeal of the NOV to AAD and did not comply with the NOV. In lieu of proceeding to Superior Court to enforce the NOVs, OC&I and the Respondent executed a Consent Agreement to resolve the NOVs. The Respondent agreed to bring the property into compliance with the UST Regulations and pay the full penalties assessed in the NOVs. The penalty was paid upon execution of the Agreement.



July 22, 2010 - UST File No. 09-01760 re: John J. Gregory, Jr. and J.J. Gregory & Son Inc. for property located at 77 Highland Avenue, Assessor's Map 608, Block 2, Parcel 2 in the city of East Providence. The property includes a commercial facility and underground storage tanks that are used for storage of petroleum products. On March 5, 2009 OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. 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. In the NOV, OC&I ordered the Respondents to submit the completed Compliance Certification Form and an administrative penalty of $3,000.00. The Respondent filed an appeal of the NOV to AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the order section of the NOV and OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay $1,200.00 in monthly installments of $200.00. The first installment was paid upon execution of the Agreement.



July 23, 2010 - UST File No. 2009-00606 re: Aisha Tassawar, Inc. and Iggy's Food Mart, Inc. for property located at 292 Market Street, Assessor's Plat 21, Lot 259 in the town of Warren. The property includes a convenience store and a gasoline station with one 12,000 gallon and one 8,000 gallon underground storage tank (UST) used for storage of gasoline and one 4,000 gallon UST used for the storage of diesel fuel. On August 3, 2009 OC&I issued an NOV to the Respondents alleging that the Respondents violated 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 retain a qualified person to test the line leak detectors in 2005 and 2007; failure to test the impact valves in 2005 and 2007; failure to retain a qualified person to certify/test the continuous monitoring system (CMS) in 2005 and 2007; failure to keep the collection sumps and spill containment basins free of liquid, and the failure to report an excessive variance in the inventory provided by the CMS on October 9, 2008. (The variance was 2,371 gallons, which exceeded the leak detection threshold of 1,580 gallons.) In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed an administrative penalty of $7,472.00. The Respondents filed an appeal of the NOV to AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the order section of the NOV and OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay $4,000.00 in monthly installments of $500.00. The first installment was paid upon execution of the Agreement.



July 30, 2010 - Freshwater Wetland File No. C08-0180 re: Russell J. Metivier, Larry Metivier, and Fernande L. Metivier for property located approximately 200 feet northeast of the intersection of Gary Street and Louise Ann Drive, immediately north of Gary Street, Assessor's Plat 32, Lot 13C in the town of Smithfield. The Respondents are the owners of the property. On September 15, 2009 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, grading, filling (in the form of woodchips) and installing property accessories within a 100-foot Riverbank Wetland, portions of which are also within 50-foot Perimeter Wetland. This activity resulted in the unauthorized alteration of 4,900 square feet of freshwater wetland. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property and assessed an administrative penalty of $5,000.00. Respondent Russell Metivier filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Russell Metivier executed a Consent Agreement to resolve the NOV as it pertains solely to Russell Metivier. Russell Metivier agreed to restore the freshwater wetland in accordance with a plan dated March 1, 2010 and pay $2,000.00 in monthly installments of $500.00. The first installment was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.