November 2001 Enforcement Action Summary

Actions Issued

Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of November 2001. 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:

November 9, 2001 - OC&I/UST File No. 01-00380 re: David A Loffredo, Rt. 44 Sunoco located at 270 Putnam Pike, Assessor's Plat 35, Lot 1A in the Town of Smithfield. The OC&I alleges that the Respondent violated multiple sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations pertain to unregistered USTs, failing to maintain and operate USTs in compliance with national codes, corrosion protection, precision testing, line tightness testing, annual testing of line leak detectors, monthly and annual testing of the continuous monitoring system and failure to report a failure of the system, installation of spill containment basins, overfill protection, labeling of UST fill pipes, abandonment of UST systems and operational survey requirements for cathodic protection systems. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $81,550.00.



November 16, 2001 - OC&I/UST File No. 01-02967 re: S. & R. Construction Co., Inc., Ozzi Realty Associates, LLC, and Ozzi Realty Company for property located at 60 Dyerville Avenue, Assessor's Plat 13, Lot 181 in the Town of Johnston. The OC&I alleges that the Respondents violated portions of RIDEM's UST Regulations. The violations pertain to precision testing, installation of overfill protection, abandonment of UST systems and submission of a closure assessment within 30 days of UST closure. The OC&I ordered the Respondents to submit records pertaining to precision testing and overfill protection, remove any remaining piping systems associated with the USTs removed from the property, submit a closure assessment report and, if necessary, submit a corrective action plan. A penalty in the amount of $23,140.00 was assessed in the NOV.



November 16, 2001 - OC&I/UST File No. 01-02905 re: 1199 EDDY Inc. for property located at 1199 Eddy Street, Assessor's Plat 58, Lot 162 in the City of Providence. The OC&I alleges that the Respondent violated RIDEM's UST Regulations relating to permanent closure of any USTs removed from service for longer than 180 days and abandonment of USTs. The OC&I ordered compliance with the UST Regulations by requiring the Respondent to submit a permanent closure application, complete removal of a UST still on site and remove and properly dispose of any contaminated soil encountered during removal. A penalty in the amount of $11,620.00 was assessed in the NOV.



November 16, 2001 - OC&I/UST File No. 01-00507 re: Brian K. Ennis, Post Road Gulf for property located at 4085 Old Post Road, Assessor's Plat 13, Lot 4 in the Town of Charlestown. The OC&I alleges that the Respondent violated RIDEM's UST Regulations relating to permanent closure of any USTs removed from service for longer than 180 days and abandonment of USTs. The OC&I ordered the Respondent to submit a permanent closure application, complete the removal of the UST, submit a closure assessment and, if necessary, submit a corrective active plan. A penalty in the amount of $11,620.00 was assessed in the NOV.



November 20, 2001 - OC&I/Water File No. CI 1414 re: City of Woonsocket Wastewater Treatment Facility. The OC&I alleges that the Respondent violated Rhode Island's Water Pollution Control Act and RIDEM's Water Quality Regulations and RIPDES Regulations by discharging approximately 11,000 gallons of sewage into the Peters River, a water of the State. The discharge occurred when a blockage within the City's Wastewater Treatment Facility Collection System allowed sewage to overflow through a bypass pipe at the Diamond Hill Road Siphon into the Peters River. The OC&I also alleges that the City failed to identify this bypass pipe in the RIPDES Permit application that was submitted to RIDEM. The Respondent was ordered to install a permanent cap on the bypass pipe or completely remove the bypass pipe within thirty (30) days of receipt of the NOV; inspect the entire Facility Collection System within sixty (60) days of receipt of the NOV and remove or permanently plug any bypass pipes; and submit an O & M Plan to DEM for the entire Facility Collection System. A penalty in the amount of $25,000 was assessed in the NOV.

 

Formal Enforcement Cases - Settled or Resolved

November 2, 2001- OC&I/Wetlands File No. C 90-0162 re: Philip Ferraro & Antoinetta Goodwin for property located immediately south of Route 138, approximately 850 feet west of the intersection of Karison Street and Route138 at utility pole 350 �, Assessor's Map 18-3, Portion of lot 29 in the Town of South Kingstown. The DEM alleged that the Respondents violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to culverting two areas subject to storm flowage (ASSF) and constructing a road with associated grading, and filling within a Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 40 linear feet of ASSF and 3200 square feet of Riverbank Wetland. The Respondents were ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $3,000 was assessed, jointly and severally, against each named Respondent. The Respondents appealed the NOV to AAD. The Respondents passed away in 1996 without any resolution to the violation. The new owners of the property agreed to restore the wetlands as required in the NOV. An inspection of the property on October 29, 2001 revealed the wetland had been restored to the satisfaction of DEM. The penalty that was assessed was waived.



November 7, 2001 - OC&I/UST No. 00-02771 re: M. Weisman Roofing Co., Inc., F&L Realty Associates, Leslie H. Weisman, and Frances E. Weisman for property located at 425 Pavilion Avenue, Assessor's Plat 311, Lot 79 in the City of Warwick. On December 20, 2000, the OC&I issued a NOV alleging that the Respondents violated portions of the UST Regulations pertaining to precision testing requirements, installation of overfill protection and installation of spill containment. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $14,320.00. The Respondent appealed the NOV to the AAD. Prior to hearing the OC&I and the Respondent executed a consent agreement to resolve the enforcement action. In the agreement it was acknowledged that the Respondent was able to show compliance with some of the violations noted in the NOV and was unable to show compliance for others. A penalty in the amount of $8,680.00 was agreed to by the parties. The Respondent was allowed to make an up-front payment of $2,680.00 and to pay the remaining $6,000.00 over a six month period.



November 9, 2001 - OC&I/Septic System File No. IS89-3 re: George Baldwin for property located at 200-202 Bulgarmarsh Road, otherwise known as Assessor's Plat 92, Lot 73 in the Town of Tiverton. On January 20, 1989 the RIDEM issued a NOV to the Respondent for allegedly violating RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violation pertained to the overflow or spillage of sanitary sewage to the surface of the ground from the septic system at the property. The DEM ordered the Respondent to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. No administrative penalty was assessed in the NOV. The Respondent failed to request an administrative hearing on the NOV. To resolve the violation, the Respondent discontinued the discharge of laundry waste into the septic system and provided a report prepared by a septic system designer that demonstrated that the system was functioning properly.



November 9, 2001 - OC&I/UST File No. 00-01754 re: Anthony Mancini and Agnes A. Mancini for property located at 1191 Hartford Avenue, Assessor's Plat 21, Lot 552 in the Town of Johnston. On April 11, 2001, the OC&I issued a NOV to the Respondents alleging that Respondents violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations pertain to prohibiting substantial modification of UST systems without prior approval and precision testing requirements for UST systems. The OC&I ordered the Respondents to submit past precision test results and assessed a penalty in the amount of $5,660.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondents executed a consent agreement to resolve the NOV wherein it was acknowledged that Respondents provided RIDEM with evidence that they were responsible for only a portion of the violations cited in the NOV. Based upon this evidence, the penalty was reduced to $1,400.00. The facility is now in compliance with the UST Regulations.



November 15, 2001 - OC&I/WETLANDS File No. C01-0028 re: Aylsworth Realty Corporation for property located immediately north of Congress Street and immediately northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 376, in the City of Woonsocket. On June 20, 2001, the OC& I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations consisted of excavating, filling, grading, and constructing a wall within an Intermittent Stream and clearing, filling, grading, and constructing a rock wall within Riverbank Wetland. The activities resulted in the unauthorized alteration of 150 linear feet of Intermittent Stream and 7,200 square feet of Riverbank Wetland and were in non-conformance with a permit issued to the Respondent. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $2,600 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action wherein it was acknowledged that the Respondent has already restored the wetlands, submitted a revised site plan, submitted a review fee and paid the assessed penalty in full. The consent agreement requires that the Respondent ensure the survival of plantings for at least one growing season. The Respondent further agrees not to alter wetlands on the property without the written approval of RIDEM.



November 15, 2001 - OC&I/UST File No. 00-2888 re: Bruce Wilson, Kathryn Wilson, Roland Wilson, Barbara L. Wilson, and Wilson's Citgo, Inc. for property located at 965 Smithfield Avenue, Assessor's Plat 6, Lot 430 in the Town of Lincoln. On November 16, 2000, the OC&I issued a NOV to the Respondents alleging that Respondents violated portions of RIDEM's UST Regulations. The violations pertain to operation of any UST not registered with DEM, corrosion protection upgrade requirements, precision testing, and the installation of overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $57,220.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondents executed a consent agreement to resolve the enforcement action. The Respondents agreed to pay a penalty in the amount of $29,600.00 with an initial payment of $5,600.00 at execution of the agreement and the remaining $24,000.00 to be paid in twelve monthly equal installments of $2,000.00. The consent agreement set forth performance measures to be met by the Respondents to ensure compliance with the UST Regulations.



November 15, 2001 - OC&I/Septic System File No. IS90-38 re: Tower Hill Group for property located at 1396-1400 Lonsdale Avenue, otherwise known as Assessor's Plat 4 Lot 30 in the Town of Lincoln. On June 26, 1990 the DEM issued a NOV to the Respondents for allegedly violating DEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violation pertained to the overflow or spillage of sanitary sewage to the surface of the ground from the septic system at the property. The DEM ordered the Respondents to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. No administrative penalty was assessed in the NOV. The Respondents failed to request an administrative hearing on the NOV. To resolve the violation, the Respondents discontinued the discharge of laundry waste into the septic system, removed garbage disposals from each of the rental units, and provided a report prepared by a septic system designer that demonstrated that the system was functioning properly.



November 21, 2001 - OC&I/Solid Waste File No. 01-015 re: The Estate of Abilio Ferreira for property located between Doris Avenue and Russell Avenue, Assessor's Plat 158, Lots 55, 56, 73, 74, 75, 76, 93, and 94 in the Town of Bristol. On July 25, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act by disposing of solid waste on the property. On April 5, 2000, OC&I personnel observed more than 257 cubic yards of mixed solid waste on the property. Following the inspection, a Letter of Noncompliance was issued to the Respondent requiring removal of the waste and disposal at a licensed solid waste management facility. Follow up inspections of the property uncovered additional waste disposal up to approximately 411 cubic yards, and on May 1, 2001 an inspection found that solid waste had been burned at the site. The NOV ordered the respondent to immediately cease disposal of waste on the property, to remove the waste within 90 days, to dispose of the waste at a licensed facility and to document proper disposal. A penalty in the amount of $6,250.00 was assessed. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action. Representatives of the Estate removed all solid waste to the satisfaction of the RIDEM and provided evidence showing that disposal was largely conducted by others. The Respondent agreed to cease any further disposal of solid waste on the property. The OC&I reduced the penalty to $2,500.00 and agreed not to impose the penalty provided there is no further dumping and disposal of solid waste on the property for a period of one year.



November 27, 2001 - OC&I/UST File No. 00-02778.B re: Campton Industries, Inc./Tower Hill Texaco for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7, South Kingstown. On August 23, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of RIDEM's UST Regulations. The violations pertain to abandonment of UST's; precision testing, overfill protection; and required documentation of disposal of oil spill clean up debris. The OC&I ordered compliance with the Regulations and assessed a penalty of $11,430.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the enforcement action. The company provided information regarding the presence of overfill protection on the USTs and documentation of the removal of the oil spill clean up debris. Additionally, the abandoned tank was permanently closed. Following settlement negotiations, the Respondent agreed to a penalty in the amount of $5,000.00 with an initial payment of $2,000.00 and the remaining penalty to be paid in $1,000.00 monthly installments over the next 3 months.



November 28, 2001- OC&I/Wetlands File No. C99-0520 re: Roger and Deborah Pratas for property located approximately 300 feet east of East Wallum Lake Road, at house number 455 in the Town of Burrillville, otherwise identified as Assessor's Plat 139 and Lot 26. On July 12, 2001, the OC&I issued a NOV alleging that the Respondents violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, grading, and filling within a Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 4,250 square feet of Riverbank Wetland and were in nonconformance with a permit that was issued by RIDEM to the Respondents. The Respondents were ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $1,800 was assessed, jointly and severally, against each named Respondent. The Respondents appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondents executed a consent agreement to resolve the violation. The Respondents agreed to restore the Riverbank Wetland and paid a penalty in the amount of $1,500.00 to settle the enforcement action.