June 2011 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 2011. 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 1, 2011 - Septic System File CI 10-118 re: Timothy P.K. O'Brien and Dorothy T. O'Brien for property located at 655 Central Pike, Assessor's Parcel I.D. 35-0/004-00 in the town of Scituate. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On October 20, 2010 the OC&I inspected the property and documented the violation. On October 27, 2010 the OC&I issued an informal written notice to the Respondents for the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,400.00.



June 8, 2011 - Air File No. 11-06 re: Rhode Island Resource Recovery Corporation for a facility located at 65 Shun Pike in the town of Johnston. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of two natural gas fired emergency generators at sewage pumping stations located on Shun Pike and Austin Way, both in the town of Johnston, without a permit from RIDEM. On September 30, 2010 and October 1, 2010, RIDEM inspected the facility. On January 14, 2011 the Respondent submitted electronic correspondence to RIDEM. The correspondence stated that the emergency generator at the Shun Pike location has a heat input capacity of 1.591 million British thermal units per hour (MBtu/hr) and that the emergency generator at the Austin Way location has a heat input capacity of 0.543 MBtu/hr. The correspondence further stated that the generators were installed on January 22, 2008 and were started up on September 24, 2008. RIDEM's APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with a heat input capacity of 350,000 BTUs or more per hour and an initial start up date on or after November 15, 2007. On April 14, 2011 the Respondent submitted permit applications to RIDEM for the generators. In the NOV, OC&I assessed an administrative penalty of $5,432.00.



June 8, 2011 - Air File No. 11-08 re: Town of Smithfield and the Smithfield School Department for the Smithfield High School located at 90 Pleasant View Avenue in the town of Smithfield. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of two oil fired boilers at the high school without a permit from RIDEM. On December 17, 2010 the Respondent submitted a letter to RIDEM stating that two boilers are in operation at the high school. In a follow up discussion with RIDEM, the Respondent stated that the boilers burn #2 fuel oil, have a maximum heat input capacity of 6.95 million British thermal units per hour and were installed in April 1999. RIDEM's APC Regulation No. 9 requires a minor source permit from RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5.0 million BTUs or more per hour. In the NOV, OC&I ordered the Respondent to submit a permit application to RIDEM for the two boilers in accordance with RIDEM's APC Regulation No. 9. The OC&I assessed an administrative penalty of $2,388.00.



June 14, 2011 - Dam File No. 225 (Wincheck Pond Dam) re: Rhode Island Boy Scouts for property located on the end of the northeast cove of the pond, west of the intersection of North Road and Wincheck Pond Extension, in the town of Hopkinton. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 7, 2010. The inspection revealed the following: excessive vegetation along the upstream embankment and crest to the left of the spillway did not allow a proper inspection to be performed; an inoperable low level gate; seepage through the right downstream wall of the low level outlet with possible sediment transport; placement of sand bags on the upstream wall of the embankment and the spillway's right training wall to prevent overtopping and redirect flow; and debris downstream of the spillway that did not allow a proper inspection to be performed. In the NOV, the OC&I ordered the Respondents to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, submit a report to the OC&I prepared by the engineer on the findings of the inspection, and repair the low level gate. The OC&I did not assess an administrative penalty.



June 20, 2011 - Dam File No. 010 (Mapleville Pond Dam) re: Mapleville Main, Inc. for property located on the north side of Main Street, just north of its intersection with Main Street, in the town of Burrillville. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 3, 2010. The inspection revealed the following: excessive vegetation on the embankment crest and upstream slope of the embankment upstream of the chain link fence did not allow a proper inspection to be performed; brush and tree growth on the island in the spillway discharge channel may obstruct flow; and no auxiliary spillway was present. The Respondent's caretaker did not know if the low level gate is operational and was unwilling to exercise the gate at the time of the inspection. In the NOV, the OC&I ordered the Respondent to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, including an assessment of the operability of the low level gate, submit a report to the OC&I prepared by the engineer on the findings of the inspection, and construct an auxiliary spillway that passes the same flow as the spillway was originally designed to pass. The OC&I did not assess an administrative penalty.



June 20, 2011 - Dam File No. 104 (Bleachery Pond Dam) re: Providence Casket Company for property located southeast of Walker Street, northeast of Industrial Circle and south of the intersection of Walker Street and Moshassuck Road, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to repair the low level gate. The OC&I did not assess an administrative penalty.



June 20, 2011 - Dam File No. 408 (Bridlewood Pond Dam) re: Lucy V. DeLisi for property located north of the west end of Scott Drive, south of the intersection of Downs Drive and Preakness Drive, and west of Louisquisset Pike, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed seepage through the right side of the spillway with possible sediment transport. In the NOV, the OC&I ordered the Respondent to retain a registered professional engineer to complete an assessment of the possible sediment transport and submit a report of the findings to OC&I, and repair the dam if the assessment determines such repair is necessary. The OC&I did not assess an administrative penalty.



June 20, 2011 - Dam File No. 425 (Wakefield Pond Dam) re: Town of South Kingstown for property located north of the intersection of High and Main Streets, in the town of South Kingstown. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 4, 2010. The inspection revealed the following: excessive vegetation along the upstream side of the embankment did not allow a proper inspection to be performed and an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, submit a report to the OC&I prepared by the engineer on the findings of the inspection, and repair the low level gate. The OC&I did not assess an administrative penalty.



June 24, 2011 - Septic System File CI 10-112 re: Dinesh Patel for property located at 1200 Putnam Pike, Assessor's Map 10A, Lot 55 in the town of Glocester. The property includes a convenience store and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the store to the surface of the ground. On October 18, 2010 the OC&I inspected the property and documented the violation. On October 27, 2010 the OC&I issued an informal written notice to the Respondent for the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,600.00.



June 28, 2011 - Freshwater Wetland File No. FW C08-019 re: Tuckahoe Land Company, L.P. and Benjamin Tucker Hodgson for property located approximately 1,000 feet west of Slocum Road, with a gravel driveway entrance situated at utility pole number 27/84 (Slocum Road), approximately 500 feet directly west of house 383 (Slocum Road), approximately 900 feet northwest of the intersection of Slocum Road and Glen Hill Drive, approximately 75 feet east of the Amtrak rail lines, and immediately north and south of existing turf grass fields, Assessor's Plat 78, Lot 4-12, 4-15, and 4-16 in the town of Exeter. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, excavating, filling (in the form of excavated dredge material), grading, and creating soil disturbance within a Marsh/Swamp wetland complex, portions of which are also within Riverbank Wetland; clearing, excavating, filling (in the form of excavated dredge material and a surface water control structure), grading, and creating soil disturbance within a River, diverting and otherwise entirely altering the River; clearing, excavating, filling (in the form of excavated dredge material), grading, and creating soil disturbance within a Stream, diverting and otherwise altering the Stream; and clearing, filling (in the form of at soil material and excavated dredge material), grading, and creating soil disturbance within Perimeter Wetland, portions of which are also Riverbank Wetland. This activity resulted in the unauthorized alteration of approximately 7 � acres of freshwater wetland. The OC&I inspected the property on April 1, 2009, July 20, 2009, September 24, 2009 and June 21, 2010 and documented the violations. The Respondents did not receive approval from RIDEM to alter the freshwater wetlands. RIDEM staff within OC&I and the Division of Agriculture met with the Respondents and the U.S. Department of Agriculture Natural Resource Conservation Service on June 25, 2010 and March 14, 2011 to discuss the violations and how to resolve the violations in a way that would benefit the wetland habitat and the Respondents' agricultural operation. To date, no restoration plan has been submitted to RIDEM. In the NOV, the OC&I ordered the Respondents to restore the freshwater wetlands. The OC&I assessed an administrative penalty of $35,000.00.

Formal Enforcement Cases Settled or Resolved:

June 2, 2011 - Underground Storage Tank File No. 2010-02875 re: Women & Infants Hospital of Rhode Island for property located at 101 Dudley Street in the city of Providence. The property includes a hospital and an underground storage tank (UST) used for storage of petroleum product (the facility). The Respondent owns the property and operates the facility. On February 10, 2011, OC&I issued 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: inspect the facility and complete and submit self-certification forms to RIDEM; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; and equip the UST with overfill protection. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $13,069.00. 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 the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $1,562.00, which was paid upon execution of the Agreement.



June 3, 2011 - Hazardous Waste File No. 2009-78 HW re: Safety-Kleen Systems, Inc. for its facility located at 167 Mill Street in the city of Cranston. The facility is used for the treatment and storage of hazardous waste. RIDEM issued a permit to operate the facility on December 12, 2006 (the Permit). The Permit requires the Respondent to: properly operate and maintain the facility at all times; maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility's operation during an emergency; properly label all containers; and maintain accurate records of on-site treatment and storage of waste. On April 1, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations), the Code of Federal Regulations, and the Permit. The violations pertained to Respondent's failure to: label the side of all containers holding 110 gallons or less of hazardous waste; maintain adequate aisle space to allow for the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment; and maintain an operating record that includes a description of the quantity of all waste received by the facility and the method and dates of its treatment, storage or disposal. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Permit and assessed a penalty in the amount of $15,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent complied with the Order section of the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $11,500.00, which was paid upon execution of the Agreement.



June 9, 2011 - Septic System File No. CI 10-38 re: Stuart A. Tucker for property located at 161 Oak Hill Road (also known as 121/123 Sweet Lane), Assessor's Plat 85, Lot 93 in the town of North Kingstown. The property includes a 4-bedroom, 2-unit apartment dwelling that is owned by the Respondent. On June 25, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondent 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 an administrative penalty of $1,000.00. 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 the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $1,000.00 in ten monthly installments of $100.00. The first monthly installment was paid upon execution of the Agreement.



June 9, 2011 - Underground Storage Tank File No. 2010-00674 re: Cesar Costa and Cesar Costa's Auto Service, Inc. for property located at 635 Bullocks Point Avenue in the city of East Providence. The property includes a service station and two underground storage tanks (USTs) used for storage of petroleum products (the facility). Cesar Costa is the owner of the property. Cesar Costa's Auto Service, Inc. is the operator of the facility. On May 26, 2010 the 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 (UST Regulations). The violations pertained to the failure to: compile inventory control records for the USTs during the time period of June 2008 through October 2009; retain a qualified tester to test the line leak detectors in 2008; test the shear valves in 2008; and retain a qualified person to inspect, calibrate, and test the continuous monitoring system in 2008. In the NOV OC&I ordered the Respondents to submit written verification that they are now compiling and maintaining inventory control records for the USTs. OC&I assessed an administrative penalty of $3,215.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the Order section of the NOV and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $1,500.00, which was paid upon execution of the Agreement.



June 14, 2011 - Underground Storage Tank File No. 2010-03035 re: Corado A. Dottor and Lucille Dottor for property located at 716 Hartford Avenue, Assessor's Plat 115, Lot 562 in the city of Providence. The property includes a gasoline service station and four underground storage tanks (USTs) used for storage of petroleum products. The Respondents own the property. On February 8, 2011 the 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 (UST Regulations). The violations pertained to the failure to: compile and maintain inventory control records; retain a qualified tester to perform annual testing of line leak detectors; perform annual testing of shear valves; keep monitoring devices active except for repair and repair any malfunction within fifteen working days of its first occurrence; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; permanently label or mark all fill pipes and/or fill box covers so that the product in the tank is identified; and keep spill containment basins free of liquids. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $8,532.00. The Respondents did not file an appeal of the NOV with AAD. The Respondents complied with the Order section of the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $750.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

June 7, 2011 - Septic System File CI 00-27 and Superior Court File No. PC 11-3250 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Pauline M. Braden for property located at 87 Read Avenue, Assessor's Plat 64, Lot 50 in the town of Coventry. The property includes a 4-bedroom single family dwelling. On June 29, 2007 the 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 (January 2002) (ISDS Regulations). The violations pertained to the overflow of sewage from the individual sewage disposal system (ISDS) for the dwelling to the surface of the ground and/or the discharge of laundry waste from the dwelling to the surface of the ground. In the NOV the Defendant was ordered to cease the discharge of laundry waste, pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $800.00. The Defendant failed to file an appeal of the NOV at AAD and has failed to comply with the NOV. In the Superior Court complaint, RIDEM is asking the court to order the Defendant to come into compliance with the ISDS Regulations and pay the administrative penalty of $800.00.



June 23, 2011 - Septic System File CI 97-119 and Superior Court File No. PC 11-3577 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants John Wright, Jr. and Jeanne M. Wright for property located at 82 Levesque Street, Plat 262, Lot 313 in the city of Warwick. The property includes a single family dwelling and is owned by the Defendants. On December 4, 2006 the 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 (January 2002) (ISDS Regulations). The violations pertained to the overflow of sewage from the individual sewage disposal system (ISDS) for the dwelling to the surface of the ground and the discharge of laundry waste from the dwelling to the surface of the ground. In the NOV the Defendants were ordered to cease the discharge of laundry waste, pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $800.00. The Defendants failed to file an appeal of the NOV at AAD and have failed to comply with the NOV. In the Superior Court complaint, RIDEM is asking the court to order the Defendants to come into compliance with the ISDS Regulations and pay the administrative penalty of $800.00.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.