November 2002 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 November 2002. 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 4, 2002 - OC&I/UST File No. 02-02128 re: Salem's Gas and Market, Inc./Salem Silveira Land Company LLC for property located at 943 Main Street, Assessor's Plat 15 C, Lot 14 in the Town of Warren. 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 annual testing of leak monitoring equipment, maintenance of testing records, monthly testing of continuous monitoring equipment by the owner and maintenance of daily written inventory and monthly reconciliation records. On 12 June 2001, OC&I issued a Letter of Non-Compliance ("LNC") to the Respondents. The LNC informed the Respondents of the alleged violations and provided a compliance schedule to be met. Despite a follow up letter to the Respondents on 10 September 2001, the Respondents failed to bring the facility into compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondents to submit all daily, monthly and annual records required by the UST Regulations and assessed a penalty in the amount of $6,735.00.



November 13, 2002 - OC&I/UST File No. 02-00768 re: N.M.J. Corp., Michel N. Georges and Nora F. Georges for property located at 1959 Warwick Avenue, Assessor's Plat 328, Lots 103 and 106 in the City of Warwick. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to annual testing of leak monitoring equipment, maintenance of testing records, and inventory record keeping requirements for UST systems. On 6 December 2000, OC&I issued a Letter of Non-Compliance ("LNC") to the Respondents. The LNC informed the Respondents of the alleged violations and provided a compliance schedule to be met. Despite a follow up letter to the Respondents on 23 January 2001 and a follow up inspection on 4 December 2001, the Respondents failed to bring the facility into compliance with the UST Regulations. In the NOV, OC&I ordered the Respondents to submit required annual testing records for their continuous monitoring system, annual testing records for line leak detectors and product inventory records to show UST compliance. OC&I assessed a penalty in the amount of $6,500.00.



November 18, 2002 - OC&I/UST File No. 02-00456 re: Souhail Khoury and Cory's Petroleum, Inc. for property located at 676 Putnam Pike, Assessor's Plat 4, Lot 7 in the Town of Smithfield. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to precision testing requirements for USTs, annual testing of leak detection equipment, monthly testing of continuous monitoring equipment, maintenance of daily written inventory and monthly reconciliation records, maintenance of testing records and investigation of suspected releases of petroleum product. On 11 May 2001, 10 September 2001 and 22 January 2002 the OC&I informed the Respondents in writing of the non-compliance and those measures necessary to bring the facility back into compliance. Except for a single precision testing result submitted for September 2001, the Respondents failed to bring the facility into compliance with the UST Regulations. In the NOV, OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed a penalty in the amount of $31,417.00.

Formal Enforcement Cases Settled or Resolved:

November 1, 2002 - OC&I/Wetland File No. C00-0325 re: Michael E. Langford for property located approximately 1100 feet southeast of the intersection of Acres of Pine Road and Flat River Road, Assessor's Plat 318, Lots 49 and 50 in the Town of Coventry. On June 4, 2001, the OC&I issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the unauthorized alterations of 1,380 square feet of Perimeter Wetland and a Pond by clearing, grading, and constructing a boat ramp, beach area, retaining wall, wooden steps, and a dock. RIDEM ordered the Respondent to restore the freshwater wetlands and assessed an administrative penalty of $5,000.00. The Respondent filed an appeal of the NOV with AAD. In lieu of proceeding to an administrative hearing, OC&I and the Respondent executed a Consent Agreement wherein the Respondent agreed to restore the freshwater wetlands no later than May 31, 2003 by removing the boat ramp and beach sand and replanting the wetland. The Respondent was allowed to keep the dock, retaining wall, and wooden steps. The Respondent agreed to submit a site plan for the alterations that were allowed to remain in place and paid a fee of $324.64. This represents the fee the Respondent would have paid had he applied for a permit. The Respondent also agreed to pay an administrative penalty of $4,000.00. $1,000.00 has been paid and the remainder of the penalty will be paid in six (6) installments of $500.00 each.



November 1, 2002 - OC&I/Wetland File No. C89-0176 re: Anthony DiCicco for property located approximately 1600 feet south of Scituate Avenue, Assessor's Plat 9, Lot 237 in the Town of Scituate. On October 31, 1989, RIDEM issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the unauthorized alteration of 10,000 square feet of Riverbank Wetland by clearing and filling, 40 linear feet of a River (Cranberry Brook) by relocation of the River, and 20 linear feet of an Area Subject to Storm Flowage ("ASSF") by culverting the ASSF. RIDEM ordered the Respondent to restore the freshwater wetlands and assessed an administrative penalty of $1,800.00. The Respondent filed an appeal of the NOV with the AAD. In lieu of proceeding to an administrative hearing, RIDEM and the Respondent executed a Consent Agreement on October 24, 1990 wherein the Respondent agreed to submit a site plan and restore the freshwater wetland no later than May 30, 1991. The Respondent also agreed to pay an administrative penalty of $250. The Respondent paid the penalty, but failed to restore the wetland or submit a satisfactory site plan. The Respondent contacted OC&I in June 2002 requesting a meeting to resolve the violation. After discussions with OC&I and several field meetings, the Respondent completed all wetland restoration work in September 2002. The Respondent agreed to pay an additional administrative penalty of $1,000.00 for failing to comply with the original deadline in the Consent Agreement. The penalty was paid and the case was closed.



November 12, 2002 - OC&I/Septic System File No. CI94-485 re: Voyage Realty Group, Inc. of 846 Atwells Avenue, Providence for property located at 193 Shannock Village Road, Assessor's Plat 10D, Lot 23, in the Town of Richmond. On November 18, 1994, RIDEM issued a NOV alleging that the Respondent violated DEM's Rules and Regulations Establishing Minimum Standards Relating to the Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violation pertained to the unauthorized repair to a septic system and the discharge of sewage to the surface of the ground from a multi-family (4-unit) dwelling. RIDEM ordered the Respondent to immediately take steps to pump the system as needed to prevent any sewage overflows, reduce the discharge of sewage to the disposal system through the use of water conservation devices, and to submit a plan for the permanent solution to the violation. RIDEM assessed an administrative penalty of $2000.00. The Respondent failed to request an administrative hearing on the NOV. 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 OC&I determined that the NOV was not properly served on the Respondent and was therefore invalid. The Respondent provided a report prepared by a septic system designer that demonstrated that the system was functioning properly and that the repair involved only the replacement of a broken sewer pipe. OC&I released the NOV and closed the file on this matter.



November 14, 2002 - OC&I/Site Remediation File No. 00-006 re: Kathleen Sweeney for property located at 1859 Pound Hill Road, Assessor's Plat Map 10, lots 79 and 121, in the Town of North Smithfield. On September 12, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rule 7.01 of RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases ("the Site Remediation Regulations"). The violation pertained to the Respondent's failure to conduct an investigation to assess the nature and extent of site contamination and to design a proposed remedy as required by DEM. The OC&I ordered compliance with the Site Remediation Regulations including submission of a proposal for Site Investigation and follow up reporting/assessment. A penalty of $4,400.00 was assessed against the Respondent. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD, compliance with the Site Remediation Regulations was met. The OC&I and the Respondent executed a Consent Agreement to resolve the penalty assessed in the NOV. The OC&I considered the Respondent's financial ability to pay the assessed penalty and reduced the penalty to $1,000.00. The Consent Agreement required an initial payment of $500.00 with 5 consecutive monthly payments of $100.00 to follow. The Respondent has paid the initial $500.00.



November 26, 2002 - OC&I/Wetland File No. C02-0061 re: Pulte Home Corporation of New England for property located approximately 550 feet north/northeast of the intersection of Admiral's Way and Schooner Cove Lane, Assessor Plat L, Lot 224-19, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On September 19, 2002 the OC&I issued a NOV 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 pertained to clearing, filling, and excavating approximately 588 square feet of Perimeter Wetland of a Swamp. This violation was 1 of 14 separate NOVs that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0062 re: Pulte Home Corporation of New England for property located approximately 580 feet east-northeast of the intersection of Admiral's Way and Schooner Cove Lane, Assessors Plat L, Lot 224-24, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On September 19, 2002 the OC&I issued a NOV 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 pertained to clearing, filling, constructing a portion of a deck stairway, and excavating approximately 350 square feet of Forested Wetland. This violation is 1 of 14 separate NOVs that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0064 re: Pulte Home Corporation of New England for property located approximately 800 feet east of the intersection of Point Judith Road and Galilee Escape Road, Assessor Plat L, Lots 224-A and 224-B, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On September 19, 2002 the OC&I alleged 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 pertained to clearing, filling, and excavating approximately 12,795 square feet of Perimeter Wetland of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $13,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $13,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0065 re: Pulte Home Corporation of New England for property located approximately 300 feet south of the intersection of Schooner Cove Lane and Admiral's Way, Assessor Plat L, Lot 224-33, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On September 19, 2002 the OC&I issued an NOV 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 pertained to clearing, filling, grading, soil disturbance, excavating and installing utilities within a Swamp and Perimeter Wetland of a Swamp. The violations affected approximately 4,000 square feet of Perimeter Wetland and 540 square feet of a Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $2,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $2,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0057 re: Pulte Home Corporation of New England for property located approximately 810 feet east/northeast of the intersection of Point Judith Road and Schooner Cove Lane, approximately 530 feet north/northeast of the intersection of Schooner Cove Lane and Starboard Terrace, approximately 190 feet east of the terminus of Starboard Terrace, Assessor's Plat L, Lot 224-5, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On June 21, 2002 the OC&I issued an NOV 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 pertained to clearing, filling, and excavating of approximately 200 square feet of Perimeter Wetland. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by September 30, 2002 and assessed a penalty of $1,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0058 re: Pulte Home Corporation of New England for property located approximately 240 feet north/northeast of the intersection of Admiral's Way and Schooner Cove Lane, approximately 150 feet north of Schooner Cove Lane, Assessor's Plat L, Lot 224-14, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On June 21, 2002 the OC&I issued an NOV 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 pertained to clearing, filling, and excavating of approximately 584 square feet of Perimeter Wetland and Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by September 30, 2002 and assessed a penalty of $1,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0059 re: Pulte Home Corporation of New England for property located approximately 280 feet north/northeast of the intersection of Admiral's Way and Schooner Cove Lane, approximately 120 feet north of Schooner Cove Lane, Assessor's Plat L, Lot 224-15, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On June 21, 2002 the OC&I issued an NOV 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 pertained to clearing, filling, and excavating of approximately 584 square feet of Perimeter Wetland and Swamp. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by September 30, 2002 and assessed a penalty of $1,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0060 re: Pulte Home Corporation of New England for property located approximately 570 feet northeast of Admirals Way and Schooner Cove Lane, approximately 120 feet west of Schooner Cove Lane, Assessor's Plat L, Lot 224-20, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On June 21, 2002 the OC&I issued an NOV 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 pertained to clearing, filling, and excavating of approximately 1,125 square feet of Perimeter Wetland. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by September 30, 2002 and assessed a penalty of $1,000.00. The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



November 26, 2002 - OC&I/Wetlands File No. C02-0200 re: Pulte Home Corporation of New England for property located approximately 600 feet east/northeast of Admirals Way and Schooner Cove Lane, approximately 80 feet east of Schooner Cove Lane, Assessor's Plat L, Lot 224-23, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On September 19, 2002 the OC&I issued an NOV 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 pertained to clearing, filling, and excavating of approximately 75 square feet of Forested Wetland. This violation is 1 of 14 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $1,000.00.The Respondent filed an appeal of the NOV with the AAD. Following issuance of the NOV and prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved for this month.