March 2006 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 March 2006. 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:

March 2, 2006 - OC&I/Hazardous Waste File No. 05 - 063 re: Regal Plating Company for property located at 85 South Street, Assessor's Plat 21, Lot 175, 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 ("the Hazardous Waste Regulations") and the Code of Federal Regulations ("CFR") pertaining to the management of hazardous waste enforced by RIDEM. The violations pertain to the Respondent's failure to properly label all satellite containers holding hazardous waste, failure to conduct weekly inspections of all containers of hazardous waste in temporary 90 day storage, failure to provide annual hazardous waste training to company employees who handle hazardous waste and to maintain records of the training sessions, and failure to keep all containers of hazardous waste closed except when adding or removing waste. All of the violations are repeat violations by this Respondent. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations. A penalty in the amount of $12,000.00 was assessed in the NOV.



March 2, 2006 - OC&I/Hazardous Waste File No. 05 - 074 re: N. E. Environmental Services, Inc. for property located at 20 Industrial Drive, Assessor's Plat 24, Lot 255, in the Town of Cumberland. The OC&I alleges that the Respondent is in violation of RIDEM's Hazardous Waste Regulations. The Respondent is authorized by RIDEM to operate a Temporary Storage and Transfer Station ("the facility") on the property for the purpose of processing and temporarily storing waste oil filters, used rags and industrial sorbents. Representatives of RIDEM's Office of Waste Management ("OWM") inspected the facility on April 15, May 31, June 7, July 5 and December 29, 2005. During these inspections, OWM's inspectors noted multiple violations of specific conditions set forth in a Letter of Authorization ("LOA") issued by the OWM to the Respondent to operate the facility. The violations pertain to storage of drums of waste oil filters in excess of the 150 drum limit authorized by RIDEM, failing to store the drums holding waste oil filters in a secured location having a secondary containment device, failing to maintain an operating log documenting the storage and shipment of used oil filters, used rags and industrial sorbents, and failing to properly label all drums of used oil filters, used rags and industrial sorbents while in storage at the facility. In the NOV, the Respondent was ordered to bring the facility into compliance with the LOA within thirty (30) days. A penalty in the amount of $30,000.00 was assessed against the Respondent for the alleged violations.



March 2, 2006 - OC&I/AIR File No. 06 - 03 re: Mauricio Machado d/b/a Machado's Painting for property located at 58 Killingly Street in the City of Providence. OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulations No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertain to Respondent's removal of lead based paint using power sanding equipment without a required HEPA vacuum attached to prevent the release of fugitive lead paint dust, failure to properly mist the exterior surface of the dwelling during manual scraping of the exterior lead based paint and failure to place impenetrable material on the ground surface to capture lead based paint debris during the removal operation. In the NOV the Respondent was ordered to comply with APC Regulation No. 24. OC&I assessed a penalty in the amount of $6,500.00 for Respondent's noncompliance.



March 6, 2006 - OC&I/Water Pollution File No. WP 06- 03 re: Providence Water Supply Board for property located at 57-61 North Road in the Town of Scituate. The property includes the Philip J. Holton Purification Works Facility. The Facility treats, stores, and distributes drinking water from the Scituate Reservoir System. The Facility includes 2 sedimentation basins and 3 lagoons. The sedimentation basins are used to settle out particulate matter from the water. The particulate matter collects at the bottom of the sedimentation basins as sludge. The lagoons are used in series as a system to receive and treat sand filter backwash water prior to discharging the water to the Pawtuxet River. A Rhode Island Pollutant Discharge Elimination System (RIPDES) permit to discharge filter backwash water to the Pawtuxet River was issued to the Respondent by RIDEM on September 30, 1987. OC&I alleges that the Respondent is in violation of the Water Pollution Act, the Freshwater Wetland Act and the RIDEM Water Quality Regulations, RIDEM RIPDES Regulations, and the RIDEM Freshwater Wetland Regulations. The violations pertain to the discharge of sedimentation basin sludge to the lagoons in noncompliance with the RIPDES permit and the release of approximately 3 million gallons of water/sludge on October 3, 2004 to adjacent freshwater wetlands and the Pawtuxet River as a result of a failure of one of the lagoons. The release caused adverse impacts to at least 4 � miles of the Pawtuxet River. OC&I alleges that the failure of the lagoon was the result of the Respondent's negligence. The Respondent initiated a cleanup of the adjacent freshwater wetlands in October 2004, which resulted in the excavation and removal of approximately 700 cubic yards of sludge. In the NOV the Respondent was assessed a penalty in the amount of $58,649.15.



March 20, 2006 - OC&I/UST File No. 06 - 02640 re: Spanish Advertising, Corp. and Petro Mobil, Inc. for property located at 360 Plainfield Street, Assessor's Plat 108, Lot 264 in the City of Providence. An 8,000-gallon and a 4,000-gallon underground storage tank exist on the property. Respondent Spanish Advertising Corp. is the owner of the property. Respondent Petro Mobil, Inc. is the operator of the USTs. 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 the Respondents' failure to comply with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. 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. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order 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. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00.



March 23, 2006 - OC&I/UST File No. 06 - 03732 re: The Rhode Island Public Transit Authority ("RIPTA") for property located on Coddington Highway, Assessor's Plat 2, Lot 3 in the City of Newport and Assessor's Plat 103, Lot 2 in the Town of Middletown. The Respondent is the owner and operator of one 20,000-gallon diesel fuel UST on the property. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violation pertains to the Respondent's failure to comply with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. 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. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order 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. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. The Respondent did not meet the filing deadline for submission of the ERP certification forms. In the NOV, the OC&I assessed a penalty in the amount of $1,500.00 for Respondent's noncompliance.

 

Formal Enforcement Cases Settled or Resolved:

March 1, 2006 - OC&I/UST File No. 00 - 3256 re: Medea, L.L.C. and D.T.P., Inc. for property located at 186 Main Street, Assessor's Plat 57-1, Lot 56 in the Town of South Kingstown. On November 16, 2000 the OC&I issued a NOV to the Respondents alleging that Respondents violated the Rhode Island General Laws pertaining to Water Pollution, RIDEM's Oil Pollution Control Regulations and portions of RIDEM's UST Regulations. The violations pertained to the discharge of pollutants in the form of oil and/or petroleum products to waters of the State; precision testing requirements for USTs; developing and maintaining inventory control records for USTs; site investigation and submission of a Site Investigation Report ("SIR") relating to a release of petroleum; and requiring the submittal of Closure Assessment Reports within 30 days of tank closure. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $51,610.00. The Respondents filed an appeal of the NOV with the AAD. On February 6, 2001 the OC&I and Respondent DTP, Inc. executed a Consent Agreement to resolve Respondent DTP's violations wherein Respondent DTP agreed to pay a penalty in the amount of $12,860.00. On November 2, 2001, Respondent Medea, LLC filed for bankruptcy in the U. S. Bankruptcy Court for the District of Rhode Island under Chapter 7 of the U. S. Bankruptcy Code (In re: Medea, LLC, BK No. 01-14117). The U. S. Trustee filed a Notice of Intended Sale with the Bankruptcy Court to sell the property to Woodruff Realty, LLC. Woodruff Realty, LLC agreed to execute a Consent Agreement with the RIDEM to resolve the noncompliance set forth in the NOV. The OC&I and Woodruff Realty, LLC executed a Consent Agreement to resolve the enforcement action. Woodruff Realty LLC agreed to assume all responsibility for completing all environmental site investigation and remediation work required by RIDEM as set forth in the Consent Agreement. Woodruff Realty, LLC and the U. S. Trustee agreed to recommend to the Bankruptcy Court that RIDEM be allowed an unsecured claim totaling $13,500.00 to resolve the penalty portion of the NOV.



March 7, 2006 - OC&I/AIR (Lead Paint) File No. 05 - 05 re: United Painting Company, Inc. for property located at 39 Matteson Avenue in the Town of West Warwick. On September 13, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control ("APC") Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to Respondent's improper removal of lead based paint from a single-family residence on the property. In the NOV, the OC&I alleges that the Respondent failed to properly notify abutting property owners/residents prior to the removal of lead paint from the structure; failed to properly install impenetrable material on the ground at the lead paint removal worksite to keep any and all spent abrasive, paint, particulate, dust and other debris from being deposited on the ground; failed to close and securely seal all doors and windows on the walls to be machine sanded; and failed to employ the use of a high energy particulate air filter ("HEPA") when operating power sanders to remove lead based paint at the property. The OC&I had issued two prior Letters of Noncompliance to the Respondent for noncompliant exterior lead paint removal projects at two separate properties and had provided Respondent a copy of the APC Regulations pertaining to exterior lead based paint removal. In the NOV, the OC&I ordered the Respondent to achieve compliance with APC Regulation No. 24 and assessed a penalty in the amount of $6,500.00. The Respondent failed to file an appeal of the NOV with the AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent agreed to execute a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $4,000.00. The Respondent paid $1,000.00 upon execution of the Consent Agreement and agreed to pay the remaining penalty amount in monthly installments.



March 7, 2006 - OC&I/UST File No. 05 - 03034 re: LPRI, LLC for property located at Lincoln Park, 1600 Louisquisset Pike, Assessor's Plat 42, Lot 24 in the Town of Lincoln. On December 28, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. OC&I alleged that the Respondent failed to submit its compliance certification forms and return to compliance plans to RIDEM's OWM as required by the UST Regulations. In the NOV, the OC&I required that the Respondent comply with the UST ERP requirements and to pay a penalty in the amount of $3,000.00. 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 documented to the OC&I that it was now in compliance with the UST ERP requirements of the UST Regulations. The Respondent agreed to pay a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.



March 17, 2006 - OC&I/UST File No. 05 - 01184 re: Goldman Properties, LLC, Greylawn Foods, Inc., and Coastline Construction for property located at 2032 Plainfield Pike, Assessor's Plat 36, Lot 7, in the City of Cranston. Respondents Goldman Properties, LLC and Greylawn Foods, Inc. are the owners or operators of one 10,000-gallon diesel UST on the property. On April 12, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to maintain inventory control records from June 2002 through November 2004, failure to maintain the UST piping collection sumps free of liquids, failure to perform monthly testing of the facility's CMS from June 2002 through November 2004, and failure to label the fill port for the UST. In addition, in 2003, Respondents hired Coastline Construction to conduct modifications to the UST. Coastline applied to the RIDEM for the modifications and obtained approval; however, inspection of the UST following completion of the authorized modifications revealed that the product piping to the UST had been modified without notification to and approval by RIDEM. Upon information and belief, Coastline Construction installed the new unauthorized piping when Coastline completed the approved UST modifications. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $9,250.00. 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. Prior to execution of the Consent Agreement, the OC&I confirmed that Respondents were in compliance with the order section of the NOV. Respondents Greylawn Foods, Inc. and Goldman properties, LLC agreed to pay a penalty in the amount of $3,150.00. Respondent Coastline Construction, Inc. agreed to pay a penalty in the amount of $2,250.00. Respondents paid the agreed upon penalties upon execution of the Consent Agreement.



March 23, 2006 - OC&I/Septic System File No. CI04-0116 re: Ann E. Maguire, Denise J. Eaton and Dennis R. Hughes, (the Respondents) for property located at 34 Baltimore Avenue, Assessor's Plat T, Lot 491, in the Town of Narragansett. The property is owned by the Respondents and includes a single family home. On March 15, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to a failed septic system. In the NOV the Respondents were ordered to immediately take steps to reduce the discharge of sewage to the ISDS, submit a written proposal for a permanent solution, submit an ISDS repair application, if necessary, and commence work after approval is given by the RIDEM. OC&I assessed a penalty in the amount of $1,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to repair the failed septic system and pay a penalty in the amount of $500.00. Respondents paid the penalty upon execution of the Consent Agreement.



March 23, 2006 - OC&I/Water Pollution File No. WP 05 - 14 x-ref 05-027 re: O. Ahlborg & Sons, Inc. The Respondent is a registered business within the State of Rhode Island and provides general building construction services. The Respondent was the general contractor during a building renovation/construction project located at 255 Promenade Street, Assessor's Plat 67, Lot 547 (the "project site") in the City of Providence. On December 6, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Water Pollution Act, RIDEM's Water Quality Regulations and the RIDEM Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of pollutants that was associated with storm water runoff (in the form of inorganic sediment) from the project site to the Woonasquatucket River. In the NOV OC&I assessed a penalty in the amount of $7,246.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent agreed to execute a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $6,000.00, which was paid upon execution of the Consent Agreement.

 

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

March 14, 2006 - Superior Court Case File No. PC05-6442 and OC&I/LUST File No. 98-28105 re: W. Michael Sullivan, PhD, Director of the Rhode Island Department of Environmental Management, Plaintiff, v. Jordan Services, Inc., Defendant for property located at 344 Manton Avenue, Assessor's Plat 63, Lot 507 in the City of Providence. On March 31, 1999 the OC&I issued a NOV to the Defendant alleging that the Defendant was in violation of the Water Pollution Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations, RIDEM's Groundwater Quality Regulations and RIDEM's UST Regulations. The violations pertain to a release of petroleum products into the ground and ground waters of the State. The release resulted from USTs owned and operated by the Defendant at the property. The OC&I alleged that the Defendant failed to submit a Site Investigation Report ("SIR") as required by RIDEM's UST Regulations to ascertain the extent of contamination in the ground and the ground water and failed to submit a Corrective Action Plan ("CAP") to resolve the contamination on the property. In the NOV, the OC&I ordered the Defendant to complete a SIR, to complete a CAP, to monitor remediation of the property until such time as all soils and ground water are adequately treated and reimburse RIDEM for all funds expended in the investigation and remediation of the property. A penalty in the amount of $34,500.00 was assessed in the NOV. The Defendant failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. Prior to filing a complaint in Superior Court, the Plaintiff attempted to resolve this enforcement action through mediation. Plaintiff negotiated with this Defendant in an attempt to resolve this enforcement action from November 2004 through October 2005. In October 2005, Plaintiff withdrew from mediation in order to seek a court order to achieve compliance. On December 19, 2005 Plaintiff W. Michael Sullivan filed a complaint in the Superior Court seeking an order of the court to require the Defendant to comply with the NOV and to pay the penalty of $34,500.00. Following a hearing on the matter on January 30, 2006, the Superior Court ordered the Defendant to immediately take all action necessary to comply with the orders set forth in the NOV and to pay the administrative penalty as set forth in the compliance order. The Defendant filed a Motion for Relief. In response to the Motion, Plaintiff and Defendant entered a stipulation with the Court whereby Defendant agreed to comply with all orders of the Court within thirty (30) days except payment of the administrative penalty at this time.