May 2003 Enforcement Action Summary Formal Enforcement Actions IssuedFormal Enforcement Actions Settled or ResolvedSuperior Court Actions IssuedSuperior Court Actions Settled or Resolved This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of May 2003. 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 email@example.com. 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: May 2, 2003 - OC&I/Wetlands File No. C00-0412 re: Roger Passano and Claire Passano for property located immediately northeast of the terminus of Sulyma Street and Brook Street, immediately northwest of house number 36, otherwise identified as Assessor's Plat 54, Lot 216, and a portion of (paper) Sulyma Street in the Town of Cumberland. OC&I alleges the Respondents are in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the unauthorized alteration of 2,280 square feet of Forested Wetland and Area Subject to Storm flowage by clearing, filling, excavating, and grading. The Respondents had previously altered the wetland areas in May 1997, but restored the wetlands in April 1998 after OC&I issued the Respondents a Notice of Intent to Enforce. The Respondents applied to RIDEM for a permit to alter the wetlands on the property in May 1998; however, the Respondents did not follow through with the application process and proceeded to conduct new wetland alterations without a permit. OC&I ordered the Respondents to restore the freshwater wetlands and assessed an administrative penalty of $2,000.00.May 12, 2003 - OC&I/RCRA File No. 02-063 re: Regal Plating Company located at 85 South Street 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. The violations pertain to the Respondent's failure to perform a hazardous waste determination on portions of its waste, failing to properly label and mark containers of hazardous waste at the point of generation, failing to label containers of stored hazardous waste, maintaining open containers of hazardous waste, failing to document weekly inspections of hazardous waste storage areas, failing to amend the facility's contingency plan and failing to meet personnel training requirements. The Respondent has a prior history of noncompliance with the DEM in the area of hazardous waste management. In the NOV OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $14,500.00.May 27, 2003 - OC&I/Wetlands File No. C02-0216 re: Ronn David for property located approximately 100 feet east of Valerie Court and approximately 100 feet south of the intersection of Valerie Court and Phillips Court, Assessor Plat 28, Lot 120, in the City of Cranston. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the unauthorized alteration of 6,150 square feet of Perimeter Wetland by clearing, filling, and grading and the failure to comply with several conditions of a wetland permit issued by RIDEM to the Respondent on February 1, 2000. RIDEM issued several letters to the Respondent requiring restoration of the altered wetlands, but the Respondent failed to comply. OC&I ordered the Respondent to restore the freshwater wetlands and assessed an administrative penalty of $4,200.00.May 29, 2003 - OC&I/RCRA File No. 02-070 re: Mitkem Corporation located at 175 Metro Center Boulevard in the City of Warwick. 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. The violations pertain to the Respondent's failure to comply with applicable portions of the Regulations relating to the characterization of hazardous waste, keeping containers of hazardous waste closed, properly labeling all containers holding hazardous waste, labeling and marking containers of universal hazardous waste, developing a hazardous waste personal training program, developing and maintaining a hazardous waste contingency plan, submitting a list of agents authorized to sign the Uniform Hazardous Waste Manifest and filing an exception report when transportation of hazardous waste to a treatment, storage and disposal facility is not confirmed. In the NOV, OC&I ordered the Respondents to comply with the Regulations and assessed a penalty in the amount of $22,500.00. Formal Enforcement Cases Settled or Resolved: May 12, 2003 - OC&I/Solid Waste File No. 02-034 re: Danya L. Izzo and Metro Waste, Inc. for property located at 6 Shun Pike, Assessor's Plat 31, Lot 43 in the Town of Johnston. On 31 December 2002, the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license. The violations pertained to the Respondents receiving, processing and storing construction and demolition debris on the property. The OC&I ordered the Respondents to cease operating a solid waste management facility, cease disposal of C&D on the property and to remove all C&D material to a licensed solid waste management facility within 30 days. A penalty in the amount of $35,000.00 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. The Respondents agreed to remove all solid waste from the property no later than 1 June 2003 and agreed to pay a penalty in the amount of $12,500.00. The penalty is to be paid over a period of time with $5,000.00 to be paid within thirty (30) calendar days of the execution of the Consent Agreement and the remaining $7,500.00 to be paid in 12 equal and consecutive monthly installments of $625.00.May 13, 2003 - OC&I/Water Pollution File No. 97-272 re: Elmwall Associates for property located at Long Wharf Mall (also known as Long Wharf Mall North), Assessor's Plat 17, Lot 332 in the City of Newport. OC&I issued a NOV to the Respondent on June 14, 2001 alleging violations of Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations. The violations pertained to the continuous discharge of sanitary sewage from the commercial businesses on the property to Newport Harbor through the city's stormwater drainage system. In the NOV the OC&I ordered the Respondent to connect the sewerage system for the property to the city's sewerage system. A penalty of $55,000 was assessed in the NOV. The Respondent filed an appeal of the NOV to AAD. The Respondent connected the sewerage system for the property to the city sewerage system on April 15, 2002. Prior to hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the administrative penalty. The penalty assessed in the NOV was based in part on the duration of the violations. The Respondent was able to document that the initial plan to remedy this violation was part of the city's plans to reconstruct the roadway in front of the building and the delay in resolving this violation was caused by the city's decision not to move forward with the roadway project. The penalty was recalculated based on the information provided by the Respondent. The Respondent agreed to perform a Supplemental Environmental Project (SEP) to offset a portion of the penalty. The SEP involved work associated with connecting the city's museum building (which is adjacent to the Respondent's building and was suspected of discharging sewage into Newport Harbor as well) into the city sewerage system. The Respondent was given a credit of $17,500 for the SEP and agreed to pay a penalty of $10,000. The SEP was completed and the penalty paid to RIDEM.May 20, 2003 - OC&I/Water Pollution File No. 02-02 re: Edmund G. Proulx Jr. for property located at 285 Riverside Drive, Assessor's Plat 54, Lot 10 in the Town of Tiverton. OC&I issued an NOV to the Respondent on March 19, 2002 alleging that the Respondent violated RIDEM's Water Pollution and ISDS Regulations by allowing sewage to discharge to the Sakonnet River from the single family dwelling on the Respondent's property. In the NOV OC&I ordered the Respondent to take immediate temporary action to cease the discharge of sewage and submit a plan for a permanent solution to the violation. A penalty of $15,000 was assessed against the Respondent. The Respondent filed an appeal of the NOV to AAD. The Respondent constructed an individual sewage disposal system (ISDS) for the dwelling on July 26, 2002 to resolve the violation. Prior to hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the administrative penalty. The penalty assessed in the NOV was based in part on the duration of the violations. The Respondent was able to document that the delay in resolving the violation was due in part to the Respondent's inability to retain a licensed designer to work on the violation due to the difficult nature of the site. The dwelling is immediately adjacent to the Sakonnet River, and there was no area for a conventional ISDS. The Respondent agreed to pay a penalty of $3,000 in ten monthly installments. The first (partial) installment of $100 was paid to RIDEM.May 29, 2003 - OC&I/AIR File No. 02-05 re: Catanzaro & Sons Painting, Inc. for property located at 28-30 Maple Avenue in the Town of Barrington. On August 28, 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to the Respondent's failure to properly place impenetrable material on the ground at the paint removal work site, attach ground sheeting to the ground by staking or weighing down, securely seal doors and windows on walls being machine sanded, place vertical containment shrouds to prevent lead paint debris from escaping the work area, meet regulatory requirements when using mechanical methods to remove paint and failing to collect and contain lead paint removal debris. The Department issued both informal and formal enforcement actions to this Respondent in the past. The OC&I assessed a penalty in the amount of $9,250.00. 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 agreed to pay a penalty in the amount of $7,400.00 with $3,000.00 paid upon execution of the Consent Agreement and the remaining $4,400.00 to be paid in 16 equal and consecutive monthly installments of $275.00. Superior Court Actions Issued: None issued this month. Superior Court Actions Settled or Resolved: May 6, 2003 - OC&I/Water Pollution File No. 1129 re: Louise Cardi for property located on Arnold Road, otherwise identified as Assessor Plat 14, Lot 1 in the town of Coventry. On June 23, 1993, RIDEM issued a Notice of Violation and Order (NOV) to the Respondent for water quality violations to Tiogue Lake caused by soil erosion from the property and included an administrative penalty of $10,000. The Respondent requested a hearing before the RIDEM Administrative Adjudication Division (AAD) on the allegations contained in the NOV. To resolve the NOV, the Respondent entered into a Consent Judgement with RIDEM. Pursuant to the Consent Judgement, the Respondent agreed to pay an administrative penalty of $10,000, install temporary erosion controls on the property and submit to RIDEM for review and approval an engineering plan for a permanent solution to the erosion problem. The Respondent failed to comply with any portions of the Consent Judgement. RIDEM filed a complaint against the Respondent in Superior Court on August 13, 1997. The Superior Court placed the property in receivership on December 12, 2001. The receiver sold the property on March 28, 2003 and RIDEM received the $10,000 penalty that was owed. The current property owner had previously installed appropriate erosion controls on the property in 2001 as a result of a separate complaint RIDEM and the Attorney General filed in Superior Court against the current owner in May 2001.