June 2004 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 June 2004. 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:

June 15, 2004 - OC&I/Water Pollution File No. 04-06 re: North Providence (E&A), LLC, BJC, Inc., and Li Incorporated for property located at 25 Smithfield Road, otherwise known as North Providence Marketplace, Assessor's Plat 6, Lot 367 in the Town of North Providence. OC&I alleges that the Respondents are in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertains to the discharge of pollutants (in the form of grease and food waste) into the waters of the State from the Property. North Providence (E&A) LLC (NPEA) owns the Property. The Property was previously owned by Edens & Advant Properties Limited Partnership and was transferred to NPEA in September 2000. The Property includes the China Buffet Restaurant. BJC, Inc. and Li, Incorporated operated the restaurant during the period of time of the violations cited in this NOV. NPEA has retained Samuels Associates to manage the Property on its behalf. Samuels Associates was also the property manager when Eden & Avant Properties Limited Partnership owned the Property. On eleven (11) separate inspections conducted by DEM between December 1999 and October 2003 the inspector observed grease and food waste in the storm water drainage system behind the restaurant. The storm water drainage system is comprised of catch basins, pipes, and a detention basin that collects storm water runoff from the Property and discharges it into freshwater wetlands up gradient of Geneva Pond. On March 1, 2000 the DEM issued a Notice of Intent to Enforce (NOIE) to Edens & Advant Properties Limited Partnership. The NOIE required that the restaurant properly contain and dispose of grease. In addition, the DEM inspector advised Samuel Associates and/or the manager of the restaurant of the violations verbally at the time of each inspection. To date, the Respondents have failed to comply with the terms of the NOIE. In the NOV the Respondents were ordered to cease the discharge of grease and food waste into the storm water drainage system and submit a plan to remove and properly dispose of all grease and food waste from the storm water drainage system. OC&I assessed a penalty in the amount of $25,000.00.

June 15, 2004 - OC&I/AIR File No. 04-03 re: FPLE Rhode Island State Energy, L.P. for property located at 24 Shun Pike in the Town of Johnston. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulations ("APC"), specifically APC Regulation No. 9 entitled "Air Pollution Control Permits". The violations pertain to the failure of the facility to comply with permit limitations set forth in Air Permit RI-PSD-6. Specifically, the facility exceeded cooling water/effluent permit limits for total suspended solids (5 mg/l limitation) on 97 occasions and fecal coliform bacteria (0 limitation) on 24 occasions. Additionally, the facility failed to notify DEM of its utilization of noncompliant effluent in their cooling towers 106 times. The facility continued to operate with the knowledge that they were not meeting their permit limitations and requirements. The DEM initially became aware of the violations during an April 2003 meeting between representatives of RIDEM's Office of Air Resources ("OAR") and the facility. RIDEM informed the Health Department of the non-compliance and the facility shut down pending corrective measures that were subsequently instituted. There was one violation of the limit for fecal coliform after the facility informed OAR of the problem. Other violations were uncovered as a result of OC&I's review of written responses by the representatives of the facility to OAR's requests for further information. The NOV addresses a past period of noncompliance (from November 2002 until April 2003 with one additional violation in May 2003). Upon information and belief, the company is currently in compliance with its permit limitations. The OC&I assessed an administrative penalty in the amount of $383,700.00.

June 16, 2004 - OC&I/Solid Waste File No. 03-038 re: The Town of Charlestown regarding the former Town of Charlestown Municipal Sanitary Landfill property located at Sand Hill Road, Assessor's Plat 23 Lot 123. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Compost Facilities and Solid Waste Management Facilities ("the Solid Waste Regulations") and specifically Solid Waste Regulation 2.2.12 relating to standards for final cover systems for closed landfills. The violations pertain to Respondent's failure to install proper soil material and to establish proper vegetative cover to meet the requirements of RIDEM's approved closure plan for the facility. The OC&I alleges in the NOV that the Respondent used a material that meets the definition of solid waste for use as a soil cover material. In the NOV OC&I ordered the Respondent to initiate and complete the removal of all unacceptable top cover material (i.e., solid waste) to an approved location for proper capping in accordance with a remedial action work plan approved by RIDEM and to complete all final surface grading along with the establishment of vegetative cover in accordance with Respondent's approved landfill closure plan. All work is required to be completed before 15 October 2004. The OC&I assessed a penalty in the amount of $12,376.72.

June 17, 2004 - OC&I/Water Pollution File No. C04-09 re: Town of Middletown. The Respondent is the owner and operator of a wastewater collection system, which includes but is not limited to the Wave Avenue Pumping Station. OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertains to the discharge of pollutants (in the form of sewage) into the waters of the State from the Wave Avenue Pumping Station. Six (6) discharges (for a total of 2.78 million gallons) of partially treated sewage occurred between March 2003 and April 2004. The sewage discharged into Easton's Bay, which is designated a Class SA water and is suitable for shell fishing, primary and secondary contact recreation, and fish and wildlife habitat. The Respondent submitted a Wastewater Facilities Plan dated January 1999 to RIDEM. The Wastewater Facilities Plan stated that during large storm events overflows of sewage occur at the Wave Avenue Pumping Station. The Wastewater Facilities Plan recommended that the Respondent complete a Sewer System Evaluation Survey (SSES) of the wastewater collection system. The Wastewater Facilities Plan was approved by RIDEM on August 30, 1999. The Wastewater Facilities Plan stated that the Respondent would initiate the SSES during Fiscal Year 1999/2000. The Respondent did not submit the SSES to RIDEM until October 31, 2003. The SSES was approved by RIDEM on November 24, 2003. The SSES stated that investigation of the wastewater collection system to identify Infiltration/Inflow would continue in 2004. The SSES also recommended that the Respondent initiate a rehabilitation/replacement program for manholes and those sewers that were poorly constructed or constructed of materials known to be subject to deterioration. The Respondent submitted a letter to RIDEM on April 22, 2004 outlining the actions the Respondent was taking to address the violation, which included: rehabilitation/replacement of sewer lines, engineering studies of the wastewater collection system, and implementation of procedures to minimize/mitigate sewage overflows. In the NOV the Respondent was ordered to complete the studies of the wastewater collection system, install alarms to alert staff of sewage overflows, post signs to advise the public of the sewage overflows, submit a plan to monitor the water quality of Easton's Bay, and submit revised procedures for minimizing/mitigating sewage overflows. OC&I assessed a penalty in the amount of $79,350.00.

June 21, 2004 - OC&I/Septic System File No. CI 97- 6 re: Charles & Anne German for property located at 507 Post Road, Assessor's Plat 289, Lot 485 in the City of Warwick. The Property includes a single-family rental dwelling. OC&I alleges that the Respondents are in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondents on January 8, 1997 for the septic system failure on the Property. The NOI required the Respondents to pump the septic system as necessary to prevent the overflow of sewage to the surface of the ground and have the system inspected and repaired, if necessary. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to cease the discharge of sewage and connect the sewerage system for the Property to the public sewerage system. OC&I assessed a penalty in the amount of $1,400.00.

June 21, 2004 - OC&I/Septic System File No. CI 03-230 re: Jerast Realty, LLC for property located at 513 Washington Street, Assessor's Plat 55, Lot 67.1 in the Town of Coventry. The Property includes a multi-family rental dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on October 2, 2003 for the septic system failure on the Property. The NOI required the Respondent to pump the septic system as necessary to prevent the overflow of sewage to the surface of the ground, and have the system inspected and repaired, if necessary. On October 17, 2003 the Respondent responded to the NOI, stating that the septic system would be pumped as needed to prevent the overflow of sewage until the sewerage system for the Property was connected to the public sewerage system, which was expected to be operational by the beginning of 2004. To date, the Respondent has failed to adequately comply with the terms of the NOI. In the NOV the Respondent was ordered to cease the discharge of sewage and connect the sewerage system for the Property to the public sewerage system. OC&I assessed a penalty in the amount of $2,000.00.

June 21, 2004 - OC&I/Multi-Media File Nos. Solid Waste 04-004, RCRA 04-060 and Freshwater Wetlands C03-0104 re: Cotoia & Clean Cut Landscaping, Inc. for property located at 299 & 313 West Shore Road, Assessor's Plat 319, Lots 489, 490, 495 and 499 in the City of Warwick. The Respondent owns Plat 319, lots 489, 490 and 495. The City of Warwick owns Plat 319, Lot 419. The OC&I alleges that the Respondent is in violation of §§ 23-18.9-5(a) and 23-18.9-8(a) of Rhode Island's Refuse Disposal Act, Rule 5.08 of RIDEM's Rules and Regulations for Hazardous Waste Management, § 2-1-21 of Rhode Island's Freshwater Wetlands Act and Rule 7.01 of RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to Respondent's storage and disposal of approximately 8,000 cubic yards of solid waste on the property, alteration of approximately 20 linear feet of stream on the City of Warwick property, alteration of approximately 32,750 square feet of riverbank wetland on the City of Warwick property, alteration of approximately 10,000 square feet of riverbank wetland on the Respondent's property, alteration of approximately 20 linear feet of an area subject to storm flowage on the Respondent's property, and failing to determine if ten drums of unidentified liquid waste stored on the property by the Respondent meet the definition of a hazardous waste. In the NOV, the OC&I ordered the Respondent to cease the disposal of solid waste on the property, immediately begin the removal of all solid waste to a licensed solid waste management facility, properly characterize the contents of all drums and containers to determine if any of the waste meets the definition of a hazardous waste, manage any hazardous waste in accordance with the Regulations, cease the alteration of any freshwater wetlands and restore the altered wetlands in accordance with detailed restoration requirements set forth in the NOV. OC&I assessed a penalty in the amount of $35,200.00.

June 22, 2004 - OC&I/RCRA File No. 03-048 re: International Etching, Inc. for property located at 7 Ninigret Avenue, Assessor's Plat 43, Lot 376 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations applying to hazardous waste management. The violations pertain to Respondent's failure to place accumulation start dates on hazardous waste storage tanks, failure to document weekly inspections of hazardous waste storage areas, failure to maintain an up to date contingency plan in case of a spill or release of hazardous waste, failure to maintain adequate training for personnel dealing with hazardous waste, failure to distribute copies of the hazardous waste manifest correctly, failure to test and maintain all facility fire protection equipment and failure to properly manage universal waste. The OC&I ordered the Respondent to achieve compliance with the Regulations and assessed a penalty in the amount of $13,000.00.

June 22, 2004 - OC&I/RCRA File No. 04-064 re: Hector R. Solis d/b/a Mufflers Unlimited for property located at 763 High Street, Assessor's Plat 26, Lot 115 in the City of Central Falls. The OC&I alleges that the Respondent is in violation of Rule 5.08 of RIDEM's Rules and Regulations for Hazardous Waste Management and § 23-18.9-5 of Rhode Island's Refuse Disposal Act. The violations pertain to Respondent's failure to determine if any of its liquid waste stored in a 275-gallon tank and a 55-gallon container on the property meet the definition of a hazardous waste and Respondent's failure to dispose of solid waste on the property at a licensed solid waste management facility. The OC&I ordered the Respondent to properly determine if any of its liquid wastes meet the definition of a hazardous waste, properly manage and dispose of any waste that meets the definition of a hazardous waste and remove all solid waste from the property to a licensed solid waste management facility. A penalty in the amount of $2,706.00 was assessed in the NOV.

June 23, 2004 - OC&I/UST File No. 04-02996 re: Providence Petroleum, Inc., Charles C. Potter and Diane C. Potter for property located at 1304 Eddy Street, Assessor's Plat 87, Lot one in the City of Providence. The 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 violations pertain to Respondents' failure to properly test UST cathodic protection systems, failure to properly meet inventory record keeping requirements for UST systems, failure to continuously monitor double-walled piping systems, failure to conduct annual testing of line leak detectors, failure to conduct monthly and annual testing of the UST continuous monitoring system, failure to properly maintain spill containment basins, failure to meet construction requirements for tank pad observation wells and groundwater monitoring wells at UST facilities, failure to meet documentation requirements for new UST installations and failure to maintain required test records. The Respondents were ordered to achieve compliance with the UST Regulations. A penalty in the amount of $22,876.00 was assessed in the NOV.

June 25, 2004 - OC&I/Septic System File No. CI 01-26 re: Maureen Kmon for property located at 10 Garden Street, Assessor's Plat 104, Lot 36 in the Town of Coventry. The Property includes a multi-family rental dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on March 28, 2001 and July 18, 2001 for the septic system failure on the Property. The NOI required the Respondent to pump the septic system as necessary to prevent the overflow of sewage to the surface of the ground, and have the system inspected and repaired, if necessary. The Respondent failed to comply with the NOI. In the NOV the Respondent was ordered to cease the discharge of sewage and have the system inspected and repaired, if necessary. OC&I assessed a penalty in the amount of $2,400.00.

Formal Enforcement Cases Settled or Resolved:

June 15, 2004 - OC&I/Water Pollution File No. WP03-03 Blount Seafood Corporation for property located at 383 Water Street, in the Town of Warren. The property includes a shellfish processing company owned and operated by the Respondent. On August 8, 2003 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of effluent from the Respondent's wastewater treatment system that exceeded the allowable permit limit for Biological Oxygen Demand (BOD). BOD is a measure of the organic content of wastewater. The Respondent had 4 violations in 1999, 9 violations in 2000, 5 violations in 2001, and 9 violations in 2002. In the NOV the Respondent was ordered to comply with the RIPDES permit. OC&I assessed a penalty in the amount of $67,500. The Respondent filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondent executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondent provided documents to RIDEM to support their argument that the number of violations cited in the NOV was higher than the actual number of violations that likely occurred. The Respondent argued that during the period of the violations they were not conducting the sampling in accordance with the permit. The Respondent argued that the methodology for sampling they conducted actually resulted in more violations reported than if they followed the proper sampling protocol. RIDEM evaluated the Respondent's information and agreed with the information provided in some circumstances. The Respondent agreed to pay a reduced penalty of $22,500.00, which was paid to RIDEM.

June 15, 2004 - OC&I/UST File No. 03-00536 re: Skees Realty, LTD for property located at 753 East Main Road (Middletown Mobil), Assessors Plat 113, Lot 800 in the Town of Middletown. On January 5, 2004, the OC&I issued a NOV alleging that the Respondent was in violation of RIDEM's UST Regulations. The violations pertained to continuous monitoring of double-walled USTs and piping systems and the prohibition of any deactivation except for repair, annual testing requirements for line leak detectors, monthly and annual testing of UST continuous monitoring systems and record keeping requirements. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed a penalty in the amount of $5,098.00. 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 was able to provide some documentation to support that compliance with the UST Regulations had been achieved for some of the cited violations. The parties agreed to a reduced penalty in the amount of $2,500.00. The penalty has been paid.

June 15, 2004 - OC&I/UST File No. 04-03298 and RCRA File No. 04-036 re: FleetBoston Financial Corporation, Fleet Real Estate, Inc. and Richmor Aviation, Inc. for property located at 596 Airport Road, Assessor's Plat 321, Lot 4, in the City of Warwick. On March 16, 2004 the OC&I issued a NOV to the Respondents alleging that the Respondents were in violation of the UST Regulations and RIDEM's Rules and Regulations for Hazardous Waste Management. The hazardous waste violations pertained to Respondents' failure to properly label containers of hazardous waste and failure to submit to the RIDEM a list of names and signatures of agents who are authorized by the company to sign the uniform hazardous waste manifest. The violations of the UST Regulations pertained to inventory record keeping for UST systems, monthly and annual testing of UST continuous monitoring systems and maintenance of monthly and annual test records. The Respondents were ordered to comply with the applicable regulations and to submit all missing records. The OC&I assessed a penalty of $7,986.00. The Respondents filed an appeal of the enforcement action with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents are now in compliance with the applicable regulations. The Respondents agreed to pay a penalty in the amount of $5,986.00. The penalty has been paid if full.

June 18, 2004 - OC&I/Septic System File No. CI01-102 re: James and Sandra Haworth for property located at 72 St. Paul Street, Assessor's Plat 3, Lots 36 and 38 in the Town of North Smithfield. The property includes a single-family dwelling. On February 24, 2003 OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violations pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $800.00. The Respondents failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I referred the case to mediation. Following mediation of the case, the Respondents executed a Consent Agreement with OC&I to resolve the NOV. The Respondents provided documents to RIDEM showing that the system was inspected on 2 separate occasions and found to be functioning properly. The Respondents also provided documents to RIDEM on steps that were taken to repair faulty plumbing that was allowing excessive water to enter the system. The Respondents agreed to have the system inspected on a yearly basis and repair the system if the inspections reveal evidence of failure. The Respondents also agreed to pay the full penalty of $800 within 10 days.

June 18, 2004 - OC&I/LUST File No. 04-2692 re: E-O, Inc./RBM Capital Associates, Inc. for property located at 228-230 Main Street, Assessor's Plat 53B, Lot 63 in the City of Pawtucket. On January 26, 2004 the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act, RIDEM's Rules and Regulations for Groundwater Quality, RIDEM's Oil Pollution Control Regulations and the UST Regulations. The violations pertained to the discharge of pollutants to waters of the State associated with oil/petroleum products and failure to meet investigation requirements following the discovery of a release at a UST facility. The OC&I ordered the Respondents to complete a Site Investigation Report and, if required, a Corrective Action Plan for the remediation and removal of all petroleum products or hazardous materials that exist at the facility or are contaminating or threatening to contaminate the waters of the State. A penalty in the amount of $25,000.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. Respondent E-O, Inc. complied with the order section of the NOV regarding submission of the Site Investigation Report and coordinated its required compliance with RIDEM's Office of Waste Management. A penalty in the amount of $12,500.00 was agreed to in the Consent Agreement and was paid upon execution.

June 22, 2004 - OC&I/Oil Pollution Control File No. 03-DREW re: Drew Oil Corporation and Elizabeth A. Drew for property located on Calder Street, Assessor's Plat 11/2, Lots 1676 and 1886 in the City of Cranston. On July 30, 2003 the OC&I issued a NOV alleging that the Respondents violated Rhode Island's Water Pollution Act and portions of RIDEM's Oil Pollution Control Regulations. The violations pertained to the release of approximately 275 gallons of oil/petroleum from an oil transfer operation that took place on the property. The release/discharge of oil took place during an oil transfer that was not monitored and allowed oil to enter waters of the State of Rhode Island. In addition, the Respondents failed to meet the requirements of the Oil Pollution Control Regulations pertaining to overfill prevention, labeling requirements, monthly inspections of Aboveground Storage Tanks ("AST"), maintenance of inspection records, submittal of annual reports and emergency plans for ASTs. The Respondents were ordered to submit a compliance plan for the facility and to comply with all regulatory requirements. A penalty in the amount of $22,500.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the NOV. The Respondents were able to produce documents to show compliance with the order portion of the NOV. A penalty in the amount of $11,781.00 was agreed to in the Consent Agreement. The penalty was paid upon execution of the Consent Agreement.

June 22, 2004 - OC&I/Solid Waste File No. 03-030 re: Ross Hill Development, Inc. and John M. Rosa IV for property located at 78 Ross Hill Road, Assessor's Plat 14, Lot 14 in the Town of Charlestown. On December 31, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act, Rhode Island General Law § 23-18.9-8 relating to operating a solid waste management facility without a license. The property is subject to a Superior Court Consent Order that required the clean up and removal of solid waste illegally stored and disposed of on the property. The Respondents were managing the solid waste clean up and removal operation on the property. The violations pertain to the Respondents allowing solid waste in the form of tires and construction and demolition debris to be brought onto the property from outside sources. Such activity requires a license pursuant to the Refuse Disposal Act. In the NOV, the Respondents were ordered to cease operating a solid waste management facility, remove the waste, and document proper disposal at a licensed solid waste management facility. OC&I assessed a penalty in the amount of $7,000.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show the OC&I that the tires brought onto the property were used for a one-time purpose as a temporary base for equipment operation. The tires were removed immediately thereafter. All other waste brought onto the property was being held in a roll-off disposal unit that limited any environmental harm. For settlement purposes, the parties agreed to a penalty in the amount of $2,500.00. The agreed upon penalty has been paid in full.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

June 21, 2004 - Superior Court File Ca. No. 02 - 2754, OC&I/UST File No. 99-00848 re: Rosemere Realty, Inc. for property located at 1995 Post Road, Assessor's Plat 323, Lot 426 in the City of Warwick. On August 31, 1999 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST violations. The violations pertained to Respondent's failure to conduct precision testing of two USTs in 1994, 1995 and 1997 and failing to obtain an approval from the Director prior to substantially modifying portions of Respondent's UST facility. The OC&I ordered the Respondent to comply with the UST Regulations and assessed a penalty in the amount of $11,200.00. The Respondent filed an appeal of the NOV with the AAD. The Respondent and the OC&I were unable to negotiate a settlement of the NOV and the matter went to administrative hearing. The hearing was held on May 1, 2001. The Director issued a Final Agency Order on May 2, 2002. The Final Agency Order upheld, in part, the assessment of penalty contained in the NOV. The Respondent in this matter was ordered to pay $6,900.00 in penalties. The Respondent filed an appeal of the Final Agency Order with the Superior Court. The Respondent delayed moving the case to hearing and the RIDEM petitioned the Superior Court to rule on the case. Prior to hearing, the Respondent/Appellant, Rosemere Realty, Inc. and the Petitioner/Appellee, RIDEM agreed to settle the matter through a Consent Judgment to resolve the matter. The parties agreed to a penalty in the amount of $5,500.00. The agreed upon penalty has been paid in full.