November 2004 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 2004. 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, 2004 - OC&I/Water Pollution File No. 04-13 re: Slater Screen Print Corp. for property located at 5 Industrial Road, in the Town of Cumberland. The Property includes a textile manufacturing facility. OC&I alleges that the Respondent is in violation of the Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of pollutants (in the form of oil and grease) from the Property to a water of the State identified as Millers River. The discharge was from an 8-inch pipe that was connected to a floor drain in the boiler room of the manufacturing facility. The 8-inch pipe discharged into a stormwater drainage system on the Property that entered Millers River. The Respondent cut and capped the 8-inch pipe at the direction of DEM on April 16, 2002 to prevent further unauthorized discharges. DEM retained Clean Harbors to remove and dispose of the oil and grease material from the stormwater drainage system and Millers River. Quantities of material removed included over 100 tons of waste soil and debris, 10 cubic yards of oily sludge and 3,000 gallons of water and oil. The Respondent accepted responsibility for and paid for the cleanup costs. OC&I assessed a penalty in the amount of $13,698.48.



November 10, 2004 - OC&I/RCRA File No. 04-079 re: Victory Finishing Technolgies, Inc. for property located at 145 Globe Street, Assessor's Plat 022, Lot 0352 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 the Code of Federal Regulations ("CFR") related to hazardous waste management. As a result of a compliance evaluation inspection, OC&I determined that the Respondent failed to properly label all satellite containers of hazardous waste, failed to complete hazardous waste labeling on certain containers of hazardous waste, failed to maintain satellite containers of hazardous waste at the point of generation, failed to keep all hazardous waste containers closed when not specifically adding hazardous waste, failed to properly store incompatible hazardous waste by separating the incompatible wastes with a physical barrier, failed to comply with the 90 day storage limit for hazardous waste, failed to maintain a complete hazardous waste contingency plan, failed to provide annual training to company employees who handle hazardous waste and failed to properly store and label universal hazardous waste. In the NOV, OC&I ordered the Respondent to bring the facility into compliance with the applicable hazardous waste regulations and assessed a penalty in the amount of $25,500.00.



November 15, 2004 - OC&I/Septic System File No. CI00-85 re: Soscia Enterprises, Inc. for property located at 18 Coventry Shoppers Park, Assessor's Plat 45, Lot 22 in the Town of Coventry. The Property includes a strip mall with multiple units and a grocery market. The strip mall and the grocery market are each served by a separate individual sewage disposal system. OC&I alleges that the Respondent is in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violations pertain to the Respondent's failure to submit documentation to DEM for the ISDS that was repaired on the Property that serves the grocery market and the discharge of sewage to the surface of the ground and into a stream from the ISDS that serves the strip mall. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on May 30, 2000 and February 1, 2001 for the sewage overflows on the Property. In the NOI's the Respondent was required to pump the system as needed to prevent sewage overflows and have the system inspected and repaired, if necessary. The Respondent failed to comply with the NOI's. In the NOV the Respondent was ordered to cease the discharge of sewage to the surface of the ground and to repair the failed septic system. The Respondent was also ordered to submit documentation to DEM for the ISDS that serves the grocery market. OC&I assessed a penalty in the amount of $4,000.00.



November 17, 2004 - OC&I/Freshwater Wetlands File No. C04-0163 re: William and Denise Machala for property located approximately 200 feet west of Bayberry Road, opposite utility Pole 11 �, and approximately 700 feet southwest of the intersection of Bayberry and Log Road, adjacent to house number 28, Assessor's Plat 50, Portion of Lot 24, in the Town of Smithfield. William Machala and Debra Machala purchased the Property on June 1, 1993. The Property was transferred to William Machala and Denise Machala on December 15, 2003. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and DEM's Freshwater Wetland Regulations. The violations pertain to filling, clearing, and constructing a garage within a Riverbank Wetland associated with Latham Brook and excavating, grading and clearing soil disturbance with an Area Subject to Storm Flowage (ASSF). These activities have resulted in the unauthorized alteration of approximately 10,400 square feet of Riverbank Wetland and 60 square feet of the ASSF. In the NOV OC&I ordered restoration of the freshwater wetlands. OC&I assessed a penalty in the amount of $1,400.00.



November 18, 2004 - OC&I/UST File No. 04-00831 re: the Town of Lincoln, Highway Division Garage for property located at 94 Old River Road, Assessor's Plat 29, lot 21 in the Town of Lincoln. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondent has two 10,000-gallon USTs on the property storing gasoline and diesel fuel respectively. The OC&I conducted a compliance evaluation inspection of the facility on 4 March 2004 that identified multiple violations of the UST Regulations. The OC&I issued a Letter of Non-compliance ("LNC") to the Respondent on 26 March 2004 citing the violations and requiring the Respondent to achieve compliance within 60 days. On 14 June 2004, the OC&I notified the Respondent that it still had not responded to the OC&I and was still considered to be in non-compliance with the UST Regulations. On 29 July 2004, the OC&I received correspondence from the Respondent reporting that it had achieved compliance. An inspection on 24 September 2004 revealed that the Respondent had achieved compliance with some of the requirements of the LNC but had not achieved full compliance with the UST Regulations. The violations identified in OC&I's NOV pertain to the Respondent's failure to inspect and test UST cathodic protection systems, conduct continuous monitoring of the interstitial space of double-walled USTs, maintain inventory control records, monitor annular or interstitial space for double-walled piping systems, maintain and operate leak monitoring equipment, and to conduct monthly and annual testing for UST continuous monitoring systems. The OC&I ordered the Respondent to achieve full compliance with the UST Regulations and assessed a penalty in the amount of $17,581.00.



November 18, 2004 - OC&I/Site Remediation File No. 04-01 re: The State of Rhode Island Department of Transportation for property located at the former Quonset Auto Body within the proposed State Highway, Route 403 Relocation Project, Post Road Interchange Phase 1, Assessor's Plat 138, Lot 82 in the Town of North Kingstown. The OC&I alleges that the property in question became listed with RIDEM pursuant to the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases ("the Remediation Regulations"). This listing was due to identified concentrations of petroleum products and hazardous materials (arsenic and lead) on the property that were found in excess of the limits set forth in the Remediation Regulations. The Respondent was advised of the listing and subsequently completed a Remedial Action Work Plan ("RAWP") to address the problem. RIDEM approved the RAWP and a revised RAWP that required removal of the contaminated soil on the property. Subsequent inspections by RIDEM and review of contractor reports revealed that the Respondent did not remove all of the contaminated soil and did not fully comply with the RAWP. The RIDEM Office of Waste Management issued a Notice of Intent to Enforce to the Respondent on 7 January 2004 identifying the non-compliance and requiring the Respondent to complete all requirements of the RAWP. The Respondent attempted to address RIDEM's concerns in correspondence dated 4 February 2004 and again on 22 October 2004 but in both events RIDEM found Respondent's answers inadequate and determined that the Respondent did not complete remedial actions as set forth in the approved RAWP. The violations cited by OC&I in the NOV pertain to Respondent's failure to comply with the Remediation Regulations governing the management of unpermitted releases, failure to apply for approval of any modifications that the performing party finds necessary during design, construction or implementation of the remedy and failure to perform in accordance with the Remedial Action Approval issued by the RIDEM. In the NOV, the Respondent was ordered to achieve compliance with the RAWP. The OC&I assessed a penalty in the amount of $48,850.00.



November 19, 2004 - OC&I/Water Pollution File No. WP 04-14 x-ref. RIPDES Permit No RI0023621 re: Mayflower International Ltd. OC &I I alleges that the Respondent is in violation of the Water Pollution Act and DEM's RIPDES Regulations. The violations pertain to the failure to submit Discharge Monitoring Report (DMR) Forms to DEM as required by the RIPDES Permit and failure to perform sampling. The Respondent is engaged in the processing of fish. The RIPDES Permit authorizes the Respondent to discharge seawater from flumes that are used to transport fish from fishing vessels to a fish processing vessel that is periodically anchored in Narragansett Bay. The RIPDES Permit requires that the Respondent perform sampling of the seawater discharge every 2 weeks during the discharge and report these results to DEM on a DMR Form by the 15th day of the month following the completed reporting period. The Respondent submitted DMR Forms for the months of January through September 2003 in a letter dated September 28, 2003 (DMR Report). The DMR Report stated that a discharge of seawater from the fish processing vessel to Narragansett Bay occurred between February 16, 2003 and April 4, 2003. The DMR Report further stated that no samples of the discharge were taken. OC&I assessed an administrative penalty in the amount of $11,500.00.

 

Formal Enforcement Cases Settled or Resolved:

November 1, 2004 - OC&I/Septic System File No. CI 02-106 re: Duncan & Jean Ingraham for property located at 2749 East Main Road, Assessor's Map 34, Lot 34 in the Town of Portsmouth. The Property includes a multi-family (3 unit) residential dwelling. On February 13, 2004 OC&I issued a NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. In the NOV the Respondents were ordered to cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $2,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to repair the septic system and pay a reduced penalty of $1,200.00. The penalty was paid upon execution of the Agreement.



November 3, 2004 - OC&I/UST File No. 03-02439 re: The Town of North Kingstown/North Kingstown School Department for property located at 100 Fairway Drive, Assessor's Plat 88, Lot 21 in the Town of North Kingstown. On July 9, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents were in violation of the UST Regulations. The violations pertained to the Respondents' failure to meet continuous interstitial space monitoring for double-walled USTs, deactivating a continuous monitoring system ("CMS") except for repairs, failure to conduct monthly and annual testing of leak monitoring equipment and failure to maintain testing records. In the NOV OC&I ordered the Respondents to place their noncompliant USTs into temporary closure until a new CMS is installed and operational and to provide OC&I will all monthly and annual testing records. OC&I assessed a penalty in the amount of $17,687.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents achieved current compliance with the UST Regulations prior to execution of the Consent Agreement but could not provide documentation to comply with all portions of the orders contained in the NOV. The OC&I agreed to reduce the penalty assessed in the NOV to $13,300.00 and agreed to offset $11,075.00 of this penalty for Respondents' agreement to conduct a Supplemental Environmental Project ("SEP"). The SEP consisted of Respondents removing a 1000-gallon diesel UST and replacing it with an aboveground storage tank thereby eliminating any threats from continued use of a UST. The UST removal is required to be completed by December 1, 2004. The remaining agreed upon penalty of $2,819.00 was paid upon execution of the Consent Agreement.



November 8, 2004 - OC&I/Septic System File No. CI 92-495 and CI 92-495A re: C. Alanson Vars, Jr. for property located at 999 Main Street, Assessor's Plat 27, Lot 102 in the town of Hopkinton. The Property includes a commercial building that house a bakery, package store, two apartments and a barbershop. On November 5, 1993 and April 18, 1995 DEM issued an NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violation pertained to the discharge of sewage to a watercourse from the septic system at the Property. In the NOV the Respondent was ordered to cease the discharge of sewage and repair the septic system. DEM assessed penalties totaling $57,050 in the NOV's. The Respondent failed to file an appeal of the NOV's with AAD. The Respondent repaired the failed system, which was conformed by DEM on November 21, 1996. The Respondent failed to pay the penalties. OC&I retained a private collection agency to collect the unpaid penalties, and a reduced penalty of $24,000.00 was paid and the case closed.



November 9, 2004 - OC&I/Solid Waste File No. 04-002 re: Russell N. & Shirley M. Perry d/b/a Perry Motors for property located at 136 Chase Hill Road, Assessor's Plat 2, Lot 73 in the Town of Hopkinton. On 13 February 2004, the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act, Vehicle Tire Storage and Recycling Act and RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to the Respondents' storage and disposal of approximately 539 cubic yards of mixed solid waste and approximately 1200 used vehicle tires on the property. The Respondents had been advised by RIDEM in the past of their obligation to store no more than 400 used vehicle tires on the property unless they obtained a permit from RIDEM. In addition, Respondents failed to characterize their waste oil stored on the property and to determine if the waste was a hazardous waste. In the NOV, the OC&I ordered the Respondents to immediately arrange for the removal and proper disposal of all solid waste in excess of three (3) cubic yards and the removal of all used vehicle tires in excess of 400 as authorized by the Vehicle Tire Storage and Recycling Act. The Respondents were also ordered to determine if the used oil stored on the property is a hazardous waste. If the used oil is determined to be hazardous, it must be managed and disposed of in accordance with the Rules and Regulations for Hazardous Waste Management. If the used oil is not hazardous, then it must still be removed from the property, as it will be calculated as part of any remaining waste subject to the 3 cubic yard limit authorized by the Refuse Disposal Act. The OC&I assessed a penalty in the amount of $9,750.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to continue to remove all tires in excess of 400 and to remove all solid waste in excess of statutory limits from the property by December 15, 2004. The OC&I agreed to reduce the penalty to $5,125.00 and allowed the Respondents to pay $1,125.00 upon execution of the Consent Agreement with the remaining $4,000.00 to be paid in 24 monthly installments.



November 9, 2004 - OC&I/Solid Waste File No. 02-037 re: Louis L. Vinagro III for property located adjacent to Pole 60½ on Shun Pike, Assessor's Plat 32, Lot 44 in the Town of Johnston. On December 17, 2002 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violations pertained to the disposal of approximately 7,896 cubic yards of processed construction and demolition debris ("C&D") on the property and operating a solid waste management facility without a permit from RIDEM. In the NOV, OC&I ordered the Respondent to cease acceptance and disposal of the C&D and to immediately cease operating a solid waste management facility without a license. The Respondent was ordered to remove all solid waste from the property within 90 days. A penalty of $60,000.00 was assessed in the NOV. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. Prior to execution of the Consent Agreement, the Respondent removed and properly disposed of all solid waste from the property. The OC&I agreed to reduce the penalty assessed in the NOV to $35,000.00 and allowed the Respondent to pay the penalty within 30 days of execution of the Consent Agreement. The Respondent further agreed to dismiss a court action with prejudice in the United States District Court for the District of Rhode Island regarding Louis Vinagro, Jr. and Louis L. Vinagro, III vs. Jan H. Reitsma (Director of RIDEM), et al. C.A. No. 02-121ML. The court action was dismissed as to Louis L. Vinagro, III and not as to Louis Vinagro, Jr.



November 15, 2004 - OC&I/UST File No. 03-01261 re: Alliance Energy Corporation for property located at 3344 West Shore Road, Assessor's Plat 364, Lot 17 in the City of Warwick. On January 5, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to Respondent's failure to meet annual testing requirements for UST leak detection equipment, monthly and annual testing requirements for UST continuous monitoring systems and failure to maintain applicable test records. In the NOV, the OC&I ordered the Respondent to submit all test records for missing years and assessed a penalty in the amount of $7,551.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. Prior to execution of the Consent Agreement, the Respondent was able to show that its facility was currently in compliance with the UST Regulations. The Respondent was unable to provide all past records in compliance with the NOV. The OC&I agreed to reduce the penalty to $5,901.00. The Respondent has paid the reduced penalty in full.



November 15, 2004 - OC&I/UST File No. 03-02081 re: Pasco Raimondo and Susan Raimondo d/b/a as Pat's Towing for property located at 94 West Warwick Avenue, Assessor's Plat 7, Lot 399, in the Town of West Warwick. On April 9, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to conduct monthly and annual testing of UST continuous monitoring systems, operate and maintain piping collection sumps and leak monitoring devices, conduct testing of UST cathodic protection systems, conduct annual testing of line leak detectors, pay UST facility registration fees and associated late fees ($2,425.00), and maintain all monthly and annual testing records including inventory records for UST systems. RIDEM attempted to notify the Respondents of their noncompliance by certified letter dated 20 November 2001; however, the Respondents refused to accept the letter. In the NOV, OC&I also identified noncompliance with a previous enforcement action wherein Respondents entered into a Superior Court Judgment with the RIDEM and agreed to pay RIDEM penalties in the amount of $6,397.54. The Respondents have failed to pay this penalty. OC&I ordered the Respondents to comply with the UST Regulations. The OC&I assessed a penalty in the amount of $22,307.00. The Respondents filed an appeal of the NOV with the AAD. A hearing was conducted by the AAD. On October 27, 2004 the AAD issued a Recommended Decision and Order in favor of the OC&I sustaining all orders and the assessed penalty contained in the NOV. On November 15, 2004 the Director of RIDEM executed a Final Agency Order against the Respondent. The Respondents have thirty-(30) days to appeal the final order to the RI Superior Court.



November 17, 2004 - OC&I/UST File No. 04-01414 re: Warwick Cove Marina, Inc. for property located at 2 Seminole Street, Assessor's Plat 376, Lot 248 in the City of Warwick. On February 13, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violation pertained to Respondent's failure to maintain inventory control records for four (4) gasoline USTs of 4,000 gallons each. In the NOV, OC&I ordered the Respondent to conduct proper inventory control records, provide past records and to submit written verification of compliance. A penalty in the amount of $7,500.00 was assessed. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent was able to document that it was currently in compliance with the UST Regulations but could not provide OC&I with all past records as ordered in the NOV. The OC&I agreed to reduce the penalty to $3,750.00. The reduced penalty was paid in full upon execution of the Consent Agreement.



November 18, 2004 - OC&I/Septic System File No. CI 01-253 re: R.A. Savarese Custom Builders, Inc. for property located at 24 Olde Mill Lane, Assessor's Plat 153, Lot 19 in the Town of North Kingstown. The property includes a single-family dwelling and is owned by Joan and John Libera (the "Owners"). On June 18, 2003 OC&I issued a NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violation pertained to the failure to comply with the conditions of 2 permits that were issued to the Respondent by DEM for the installation of 2 septic systems at the property. The Respondent is engaged in contracting and constructing. The Respondent received approval from DEM to install 2 separate septic systems to serve a 3-bedroom dwelling at the property. The Respondent installed the septic systems; however, the Respondent constructed a four-bedroom dwelling. In the NOV the Respondent was ordered to submit a System Suitability Determination (SSD) application for each system and complete all work required by DEM as part of the approved SSD's. OC&I assessed a penalty in the amount of $1,200.00. The Respondent appealed the NOV to AAD. Prior to a hearing on the NOV, the Respondent, the Owners, and OC&I executed a Consent Agreement to resolve the NOV. The Owners agreed to submit a SSD application to DEM for the septic system that serves the washing machine and repair the septic system that serves the remainder of the dwelling to accommodate flow from a 4-bedroom dwelling. The Respondent agreed to pay $2,600.00 to the Owners towards the repair of the ISDS. OC&I agreed to waive the administrative penalty because of the harm the NOV was causing to an innocent party (the Owners).



November 18, 2004 - OC&I/Freshwater Wetlands File No. C-2283 re: Gerald Croce for property located at 1375 Old Louisquisset Pike in the Town of North Providence. On June 16, 1987 DEM issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and DEM's Freshwater Wetland Regulations. The violations pertained to filling an Area Subject to Storm Flow (ASSF) and flooding and filling a Riverbank Wetland. In the NOV DEM ordered restoration of the freshwater wetlands. DEM assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore the freshwater wetlands by May 10, 1992 and pay a reduced penalty of $500.00. The Respondent failed to restore the wetland or pay the penalty. In reviewing cases for referral to Superior Court, OC&I met with the Respondent's daughter and her husband (the current owners) in September 2004. OC&I was informed that the Respondent was deceased. The current owners agreed to restore the freshwater wetlands as required by the Consent Agreement. Multiple inspections of the property in October and November 2004 revealed that the freshwater wetlands were restored. The original penalty and non-compliance penalties that accrued for failure to comply with the Consent Agreement were waived because the Respondent was deceased and the Consent Agreement was not recorded. Accordingly, the current owners could not be held legally liable to pay noncompliance penalties for the period of time that they owned the property.



November 18, 2004 - OC&I/UST File No. 03-01732 re: the Bristol Department of Public Works for property located at 111 Mt. Hope Avenue, Assessor's Plat 30, Lot 75 in the Town of Bristol. On January 6, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations over a multi-year period. The violations pertained to corrosion protection requirements for UST systems, continuous interstitial space electronic monitoring of double-walled UST systems, inventory record keeping requirements, monthly and annual testing requirements of UST continuous monitoring systems and maintenance of test records. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed a penalty in the amount of $22,930.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay the penalty assessed in the NOV. The OC&I agreed to offset $20,500.00 of this penalty for Respondent's agreement to conduct a Supplemental Environmental Project ("SEP"). The remaining $2,430.00 is to be paid in cash. The SEP consisted of Respondent removing two 10,000-gallon USTs and replacing them with two 5,000-gallon aboveground storage tanks thereby eliminating any threats from continued use of the USTs. The UST removal is required to be completed by January 31, 2005.



November 18, 2004 - OC&I/UST File No. 04-00978 re: Alliance Energy Corp. and Joseph A. Berretto, Jr. for property located at 758 Hope Street, Assessor's Plat 12, Lot 19 in the Town of Bristol. On February 13, 2004, the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to install and operate automatic tank gauging for single walled UST systems, failure to meet inventory record keeping requirements, failure to conduct tank tightness testing and to submit the testing and maintenance records, failure to conduct continuous annular or interstitial space electronic monitoring of double-walled piping systems, failure to conduct an annual test of line leak detectors, failure to conduct monthly and annual tests of the UST continuous monitoring system, and failure to maintain applicable records. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $26,401.00. Respondent Alliance Energy Corp. filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show that the facility achieved compliance with the UST Regulations prior to execution of the Consent Agreement but could not produce all past records as ordered in the NOV. The OC&I agreed to reduce the penalty in the NOV to $16,727.00. The reduced penalty has been paid in full.



November 19, 2004 - OC&I/UST File No. 03-03159 re: West Warwick Sewer Commission for its West Warwick Regional Waste Waster Treatment Facility located at One Pontiac Avenue, Assessor's Plat 39, Lot 4 in the Town of West Warwick. On January 6, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations over a multi-year period. The violations pertained to inventory record keeping requirements, continuous monitoring of the interstitial space of double-walled USTs, line tightness testing, operation and maintenance of UST continuous monitoring systems, sumps and leak and spill response, monthly and annual testing requirements for UST continuous monitoring systems, installation of spill containment basins, installation of overfill protection, UST fill port labeling and record keeping requirements. In the NOV, OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $33,754.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent was able to document that several violations cited in the NOV had been addressed prior to issuance of the enforcement action and otherwise documented that the facility is currently in compliance with the UST Regulations. OC&I agreed to reduce the penalty assessed in the NOV to $22,452.00 and further agreed to offset $19,252.00 of the penalty for the Respondent's completion of an SEP. The Respondent agreed to pay the remaining $3,200.00 penalty in cash payment. The SEP consists of the removal of a 2000- gallon UST and replacing the UST with an above ground storage tank thereby eliminating any threat from the continued use of the UST. The SEP must be completed before January 31, 2005.



November 30, 2004 - OC&I/UST File No. 04-01833 re: Kent County Memorial Hospital for property located at 455 Tollgate Road, Assessor's Plat 256, Lot 80 in the City of Warwick. On February 13, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to Respondent's failure to conduct monthly and annual testing of its UST continuous monitoring systems and to maintain test records. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $5,944.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing the OC&I and the Respondent agreed to execute a Consent Agreement to resolve the enforcement action. The Respondent was able to show that it is currently in compliance with the UST Regulations. For settlement purposes, the penalty was reduced to $2,500.00.

 

Superior Court Actions Issued:

November 23, 2004 - OC&I/UST File No. 03-00720 - Frederick J. Vincent, in his capacity as Director, RIDEM, Plaintiff vs. Clifford R. McGinnes, Sr., and the Estate of Marjorie McGinnes dba Ballard's Service Center, Defendants for property located on Corn Neck Road, Assessors Plat 5, Lot 9 in the Town of New Shoreham. On December 5, 2003, the OC&I issued a NOV to the Defendants alleging that the Defendants violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to testing requirements for UST cathodic protection systems, inventory record keeping requirements, annual testing of line leak detectors, operation and maintenance of UST leak detection equipment and investigation of release detection signals, monthly and annual testing requirements of UST continuous monitoring systems, fill port labeling, and record keeping requirements. In the NOV, the OC&I ordered the Defendants to inspect and test the cathodic protection system for applicable USTs, conduct a daily inventory of all inflows and outflows including a daily reconciliation, test the line leak detectors, investigate the release detection signal and system status warnings displayed by Defendants' CMS, conduct proper monthly and annual CMS testing, label the fill ports and provide all applicable records for RIDEM's review. The Defendants were ordered to submit all applicable records and verifications. The OC&I assessed a penalty in the amount of $13,715.00. The Defendants failed to appeal the NOV to the AAD thereby resulting in the NOV becoming a Final Compliance Order enforceable in the Superior Court. In order to enforce the Final Compliance Order, the RIDEM filed a complaint in the Superior Court seeking temporary and preliminary injunctive relief ordering the Defendants to take all necessary actions to bring the facility into compliance with the UST Regulations and to submit all necessary test records, test results, plans and other materials and information necessary to comply with the Final Compliance Order. The complaint also seeks permanent injunctive relief ordering Defendants to initiate and complete an investigation regarding the release detection signals, label all fill ports for its USTs and pay to the Plaintiff the administrative penalty of $13,715.00. The Plaintiff is also seeking attorney fees and costs associated with Plaintiff's prosecution of the complaint.



November 25, 2004 - Superior Court Case No. C.A. No. PC04-6358 re: Plaintiff Frederick J. Vincent, Acting Director, RIDEM vs. Defendant South County Management, LLC for property located at 6 Maple Lake Farm Road, Assessor's Plat 29, Lot 46 in the Town of Charlestown. The property includes three separate multi family (2 unit) dwellings and a garage. On July 11, 2003 OC&I issued a NOV to the Defendant alleging that the Defendant violated DEM's ISDS Regulations. The violations pertained to the discharge of sewage to the surface of the ground (through the garage) and onto South County Trail from the septic system for one of the dwellings and improper maintenance of the septic system for a second dwelling as evidenced by non-sanitary waste (oil) and elevated sewage levels in the septic system. In the NOV OC&I ordered the Respondent to pump the septic systems and properly dispose of any non-sanitary wastewater and repair the failed septic systems. OC&I assessed a penalty in the amount of $6,400.00. The Defendant failed to file an appeal of the NOV with AAD. DEM filed a complaint in Superior Court on July 1, 2003 requesting that the Court order the Defendant to cease the discharge of sewage to the surface of the ground and repair the failed septic system. The Defendant and DEM entered a Consent Order on July 28, 2003 to resolve the Superior Court action. The Defendant repaired the septic system that was discharging sewage to the surface of the ground, thereby satisfying the Consent Order. The Defendant failed to repair the septic system for the second dwelling or pay the administrative penalty. DEM filed a complaint in Superior Court requesting that the Court order the Defendant to repair the second failed septic system and pay the administrative penalty.

 

Superior Court Actions Settled or Resolved:

November 16, 2004 - OC&I/SOLID WASTE/WETLANDS/AIR File No. 00-043 re: Tracey L. & Robert A. Recchia, Jr. for property located at 90 Mill Street, Assessor's Map 26, Lot 153, in the Town of Johnston. On August 3, 2000, the OC&I issued a NOV alleging that the Defendants violated RI General Laws and RIDEM's rules and regulations by disposing of approximately 58,000 cubic yards of processed construction and demolition debris on the property, altering approximately 119,000 square feet of riverbank wetland and causing objectionable odors beyond the property line on at least 4 occasions. The Defendants were cited for disposal of refuse at other than a licensed facility, operating a solid waste management facility without a license, altering freshwater wetlands without a permit and violating Air Pollution Control Regulations regarding odors. The Defendants were ordered to cease accepting solid waste, immediately begin removing the waste and complete the removal within 30 days, restore the wetland area and immediately implement a plan to control odors. The OC&I assessed an administrative penalty of $172,334.00 of which $145,084.00 was for the economic benefit of disposing of the waste at other than a licensed solid waste management facility. $27,250.00 of the penalty related to the gravity of the Defendant's actions. The Defendants appealed the NOV to the AAD. While awaiting appeal of the NOV, a separate action was filed in the Superior Court against the Defendants. The Court issued a ruling wherein it was found that the Defendants violated the environmental statutes cited pertaining to solid waste and wetlands and caused nuisance odors. The Court ordered the Defendants to undertake remedial measures, cease further violations, abate existing nuisance conditions, restore the subject wetlands and remove the illegally deposited solid waste. While negotiating final remediation, the RIDEM proceeded with the AAD hearing to resolve, at a minimum, the penalty assessed in the NOV. Prior to conclusion of the AAD hearing, the OC&I and the Defendants agreed to resolve all issues raised in the NOV by an administrative consent order. As a result, the Defendants agreed to remove all waste, restore the altered wetlands and agreed to a reduced gravity penalty of $15,000.00. The economic benefit portion of the penalty was waived since the Defendants were to remove all of the waste from the property. The Defendants agreed to pay all waived penalties should they fail to comply with the administrative Consent Order. The Defendants failed to comply with the Superior Court Order and the administrative Consent Order executed by the parties. RIDEM moved in the Superior Court to hold the Defendants in contempt and to order compliance. The Superior Court found in favor of the RIDEM and ordered Defendants to remove all solid waste from the property and to restore all wetlands pursuant to the Superior Court and administrative Consent Orders. The Defendants claimed a financial inability to pay for the remediation and the Superior Court placed the Respondents into Receivership under a Court appointed Receiver. Thereafter, the State of Rhode Island and the RIDEM through enforcement leverage against other parties, obtained removal of all of the solid waste from the property. In the interim, Defendants continued to expend money to expand farming activities on the property but failed to undertake remaining restoration or pay penalties owed to RIDEM. The Receiver moved to sell the property to cover all remaining bills, penalties and costs of remediation. In order to resolve all remaining issues, the State of Rhode Island through the Attorney General's Office, RIDEM and the Receiver on November 16, 2004 executed a Superior Court Consent Order with the Defendants. In lieu of non-compliance penalties, the Defendants agreed to deed all development rights to the property to the State of Rhode Island RIDEM and to restrict all use of the property to agricultural purposes. Defendants further agreed to pay to RIDEM the remaining $10,000.00 in penalties they agreed to pay in the original administrative Consent Order executed with RIDEM and agreed to pay all fees due to the Court appointed Receiver in the amount of $33,112.00. The Defendants further agreed to restore portions of the wetland riverbank along the property in accordance with planting requirements originally ordered in the NOV issued by the OC&I. Defendants further agreed not to conduct any further alterations of freshwater wetlands on the property unless authorized by law, regulations or specific written authorization issued by the RIDEM. The $10,000.00 penalty owed to RIDEM has been paid in full.