November 2010 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 2010. 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 8, 2010 - Air File No. 10-18 re: Senesco Marine, LLC for a facility located at 10 MacNaught Street in the town of North Kingstown. RIDEM's Office of Air Resources (OAR) issued a permit to the Respondent on July 3, 2007 to emit air pollutants from the facility. The permit requires the Respondent to comply with an emission limit of three pounds of volatile organic compound (VOC) per gallon of coating minus water for all coatings (other than clear coatings, air dried coatings, and extreme performance coatings) applied to miscellaneous metal parts. The OC&I alleges that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled Air Pollution Control Permits. The violation pertains to the use of a coating with a VOC content that exceeded the permit. On April 6, 2010, OAR inspected the facility. The inspection revealed that the Respondent used a coating called Interplate 937 A-B Primer containing 5.41 pounds of VOC per gallon of coating minus water from calendar years 2007 through 2010. Interplate 937 A-B Primer is not a clear coating, air dried coating, or extreme performance coating. The Respondent discontinued use of Interplate 937 A-B Primer and replaced it with a compliant coating. In the NOV, OC&I assessed an administrative penalty of $5,000.00.



November 10, 2010 - Freshwater Wetland File No. FW C10-083 re: Dedicated Builders, LLC, JCM, LLC and James C. McKee for property located approximately 500 feet southeast of the intersection of Howard Road and Louise F. Luther Drive, Assessor's Plat 23, Lots 10, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, and 222 in town of Cumberland. Dedicated Builders, LLC owns lots 213, 214, 219 and 222. Dedicated Builders, LLC and/or James C. McKee formerly owned all the lots. On May 31, 2007, James McKee submitted a Request for Preliminary Determination to the RIDEM Office of Water Resources (OWR) for approval to alter freshwater wetlands associated with the construction of a 14 - lot subdivision on the property. On March 28, 2008, OWR issued a letter to Mr. McKee. The letter stated that the work as proposed represented a significant alteration to freshwater wetlands and that he had to submit an Application to Alter a Freshwater Wetland and receive approval from OWR prior to altering any wetlands. The OC&I alleges that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the construction of a storm water drainage system (with catch basins and drainage pipes) for the subdivision and the discharge of storm water from the subdivision into 200-foot Riverbank Wetland and into Abbott Run Brook, clearing and grading in the Riverbank Wetland to install a lawn and shed; and erosion and discharge of sediment from the subdivision into the Riverbank Wetland and Abbott Run Brook. This activity resulted in the unauthorized alteration of 3,450 square feet of freshwater wetland. OC&I inspected the property on August 11, 2010, August 12, 2010 and August 23, 2010 and identified the violations. The Respondents did not receive approval from OWR to discharge storm water from the subdivision into the freshwater wetlands and did not receive approval from OWR to otherwise alter the freshwater wetlands. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property and permanently cease the discharge of storm water. OC&I assessed an administrative penalty of $17,250.00.



November 15, 2010 - Dam File No. 084 (Wenscott Reservoir) re: Town of North Providence for a dam located northeast of Douglas Avenue, northwest of Asylum Road and west of Less Farm Commons Drive in the town of North Providence. The Respondent owns the dam. The dam is classified by RIDEM as High Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition and the Respondent's failure to properly register the dam. OC&I issued a letter to the Respondent on January 13, 2009 that included a registration form for the dam that the Respondent was required to complete and return to OC&I. The Respondent has failed to provide the registration form to OC&I. On November 24, 2009 Dam 084 was inspected. The inspection revealed that the low level gate was inoperable. In the NOV the Respondent was ordered to submit the registration form for the dam, retain a licensed engineer to submit an application to repair the low level gate and repair the low level gate upon approval of the application by OC&I. OC&I did not assess an administrative penalty.



November 15, 2010 - Dam File No. 120 (Sprague Upper Reservoir) re: Greater Providence Young Men's Christian Association for a dam located north of Austin Avenue, east of Colwell Road, south of Mann School Road and west of Swan Road in the town of Smithfield. The Respondent owns the dam. The dam is classified by RIDEM as High Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. On November 24, 2009 Dam 120 was inspected. The inspection revealed dense vegetation on the upstream slope of the embankment that did not allow a proper inspection to be performed and an inoperable low level gate. In the NOV the Respondent was ordered to cut or remove the improper vegetation, retain a licensed engineer to inspect the dam and submit a report of his/her findings to OC&I, submit an application to OC&I to repair the low level gate, and repair the low level gate upon approval of the application by OC&I. OC&I did not assess an administrative penalty.



November 15, 2010 - Dam File No. 555 (Hawkins Pond) re: Glocester Land Trust for a dam located north of Putnam Pike, west of Pulaski Road, and east of the State of Connecticut border in the town of Glocester. The Respondent owns the dam. The dam is classified by RIDEM as High Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. On October 19, 2009 Dam 555 was inspected. The inspection revealed dense vegetation on the downstream slope of the embankment that did not allow a proper inspection to be performed and excessive leakage though the embankment under the right, steel penstock on the downstream slope. In the NOV the Respondent was ordered to cut or remove the improper vegetation, retain a licensed engineer to inspect the dam and submit a report of his/her findings to OC&I, submit an application to OC&I to repair the leakage, and repair the leakage upon approval of the application by OC&I. OC&I did not assess an administrative penalty.



November 19, 2010 - Air File No. 10-19 re: Bradford Printing & Finishing, LLC for a facility located at 460 Bradford Road in the town of Westerly. RIDEM's Office of Air Resources (OAR) issued a permit to the Respondent on January 2, 2009 to emit air pollutants from the facility. The permit prohibits the use of a boiler identified as Emission Unit B801 from 1 April through 31 August except in the event of an emergency. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 29 entitled Operating Permits. The violation pertained to the failure to comply with the permit. On or about April 14, 2010, the Respondent submitted its 2009 Air Pollution Inventory forms to OAR. The forms documented that Emission Unit B801 was operated in May, June and August 2009. The Respondent provided no information to OAR that the operation of the emission unit was a result of an emergency. In the NOV, OC&I assessed an administrative penalty of $1,000.00.



November 19, 2010 - Hazardous Waste File No. 2010-6 HW re: Collegium Pharmaceutical, Inc. for a facility located at 400B Highland Corporate Drive in the town of Cumberland. The facility manufactures pharmaceuticals and is registered with RIDEM as a small quantity hazardous waste generator at the facility. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertain to Respondent's failure to: determine if the waste generated onsite meets the definition of a hazardous waste; properly label each container holding hazardous waste; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; store hazardous waste onsite for a period of time that does not exceed ninety days; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; conduct weekly inspections of container storage areas looking for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection; submit to OC&I a list of agents authorized by the company to sign uniform hazardous waste manifests for shipments of hazardous waste; provide training for all employees who manage hazardous waste; properly contain universal mercury containing equipment; properly label universal waste containers; and demonstrate the length of time that universal waste has accumulated. OC&I inspected the facility on October 30, 2009 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. OC&I assessed an administrative penalty of $45,768.00.



November 22, 2010 - Water Pollution File No. 10- 092 re: Town of Johnston. The Respondent is the owner and operator of a storm water collection system within the town of Johnston. On December 19, 2003, RIDEM's Office of Water Resources (OWR) issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit RIR040000, entitled Stormwater Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s (General Permit). The General Permit authorizes the discharge of storm water from small municipal separate storm sewer systems (MS4s) that are operated by regulated small MS4s. On March 18, 2004 the Respondent submitted to OWR a Notice of Intent and a Storm Water Management Program Plan (SWMPP) to obtain coverage under the General Permit. On October 31, 2005 the Respondent obtained coverage under the General Permit (MS4 Permit). The MS4 Permit requires the Respondent to: submit a revised SWMPP and scope of work to OWR to implement nonstructural or structural storm water controls in response to Total Maximum Daily Load (TMDL) determinations by OWR within 180 days of notification by OWR; submit annual reports to OWR; implement a public education program; issue public notices and provide an opportunity for public comment; implement an illicit discharge detection program; implement a construction site storm water runoff control program; implement a post construction storm water management program for new development and redevelopment projects; and implement a pollution prevention and good housekeeping program for municipal operations. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's RIPDES Regulations. The violation pertains to the Respondent's failure to comply with numerous provisions of its MS4 permit. On January 31, 2007, OWR invited all MS4s to participate in a voluntary education outreach program that would satisfy the requirement in the General Permit. The Respondent chose not to participate in this program. On August 29, 2007, OWR advised the Respondent in a letter that a TMDL water quality restoration plan was completed for the Woonasquatucket River. The letter advised the Respondent that storm water from its MS4 was contributing to bacteria and dissolved metals impairments in the Woonasquatucket River. The Respondent failed to submit an amended SWMPP in response to the TMDL determination. In 2009, OWR reviewed the status of compliance for each MS4 in the State. The review revealed that the Respondent failed to: implement a public education program; provide public notice of the annual reports for 2006, 2007 and 2008; implement an illicit discharge detection program; implement a construction site storm water runoff program; implement a post construction storm water management program for new development and redevelopment projects; and implement a pollution prevention and good housekeeping program for municipal operations. OWR issued informal notices to the Respondent on January 26, 2009, April 24, 2009, and April 9, 2010 for the violations. To date, the Respondent has failed to respond to or comply with any of the notices. In the NOV OC&I ordered the Respondent to attain compliance with its MS4 Permit, including developing and implementing a mechanism that provides long term funding to manage the storm water program in compliance with its MS4 Permit. OC&I assessed an administrative penalty of $25,000.00.



November 23, 2010 - Water Pollution File No. 10- 093 re: Town of North Providence. The Respondent is the owner and operator of a storm water collection system within the town of North Providence. On December 19, 2003, RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit RIR040000, entitled Stormwater Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s (General Permit). The General Permit authorizes the discharge of storm water from small municipal separate storm sewer systems (MS4s) that are operated by regulated small MS4s. On March 18, 2004, the Respondent submitted to the RIDEM Office of Water Resources (OWR) a Notice of Intent and a Storm Water Management Program Plan (SWMPP) to obtain coverage under the General Permit. On June 9, 2005, OWR issued a letter to the Respondent requiring changes to the SWMPP. The Respondent failed to respond to the letter, and the Respondent's coverage under the General Permit ceased on June 9, 2005. On August 29, 2007, OWR advised the Respondent in a letter that a TMDL water quality restoration plan was completed for the Woonasquatucket River. The letter advised the Respondent that storm water from its MS4 was contributing to bacteria and dissolved metals impairments in the Woonasquatucket River. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's RIPDES Regulations. The violations pertain to the discharge of storm water from an MS4 without a permit from OWR and the discharge of storm water that contributes to violations of water quality standards. OWR issued informal notices to the Respondent on January 30, 2009 and April 24, 2009 for the violations. To date, the Respondent has failed to comply with the notices. In the NOV, OC&I ordered the Respondent to obtain coverage under the General Permit and attain compliance with the General Permit, including developing and implementing a mechanism that provides long term funding to manage the storm water program in compliance with the General Permit. OC&I assessed an administrative penalty of $25,000.00.



November 29, 2010 - Underground Storage Tank File No. 2010-EP re: City of East Providence. The Respondent is the owner and operator of underground storage tanks (USTs) used for storage of petroleum products. The USTs are at the following locations: fire stations at 913 Broadway, 66 Wampanoag Trail, and 30 North Broadway; a police station at 750 Waterman Avenue; sewage pumping stations at Silver Street and Veterans Memorial Parkway; and a high school at 2000 Pawtucket Avenue. 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 (UST Regulations). The violations pertain to the failure to: provide corrosion protection to all unprotected steel tanks and piping; compile and maintain inventory control records; retain a licensed tightness tester to perform tank tightness tests every two years; inspect USTs with impressed cathodic protection systems every sixty days to ensure the equipment is running properly; report any deactivation or failure of a corrosion protection system to RIDEM within twenty four hours; obtain prior approval of RIDEM for any repairs of existing cathodic protection systems; use the automatic tank gauging system to perform 0.2 gallon per hour leak tests for single walled USTs at least once a month; retain a qualified tester to perform annual testing of line leak detectors; perform annual testing of shear valves; install, calibrate, and maintain leak monitoring devices in accordance with manufacturer's instructions; keep monitoring devices active except for repair and repair any malfunction within fifteen working days of its first occurrence; immediately respond to and promptly investigate all release detection signals; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; keep spill containment basins free of liquids; ensure that USTs are equipped with an approved overfill protection device; maintain piping and collection and transition sumps, submersible pump head containment structures, and dispenser pans/sumps in good condition; equip USTs with submerged fill tubes; and equip all groundwater monitoring wells and tank pad observation wells with a label and a tamper resistant cover. The violations were observed during inspections by OC&I and the RIDEM Office of Customer and Technical Assistance (OCTA) on May 25, 2010 and July 29, 2010. OC&I issued an informal notice to the Respondent on October 11, 2006 for many of the facilities and violations that are the subject of this NOV. The informal notice required the Respondent to take specific actions to comply with the UST Regulations; however, the Respondent failed to fully comply with the informal notice. In the NOV OC&I ordered the Respondent to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $74,176.00.



November 29, 2010 - Site Remediation File No. SR-08-001 re: Vincent Coccoli, d/b/a Millville Associates, Inc., Kevin O'Sullivan, and The Pearl Trust for property located at 18 Thelma Avenue, Assessor's Plat 5, Lot 590 in the town of North Providence (subject property). The subject property is owned by Anthony and Deborah Antonelli. On January 5, 2005 the RIDEM Office of Waste Management (OWM) received a notification of release (notification release) and a site assessment report for the subject property. The notification release reported that chlorinated volatile organic compounds (VOCs) were detected in groundwater samples collected from the subject property at concentrations that exceeded the GB groundwater objectives in RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). The notification release identified an abutting property, 135 Pearl Avenue, as the likely source of the VOCs. The Pearl Avenue property is owned by Kevin O'Sullivan. Investigations conducted on the Pearl Avenue property revealed that VOCs were detected in groundwater samples collected from the property at concentrations that exceeded the GB groundwater objectives in the Remediation Regulations and that the Pearl Avenue property was the source of the VOCs. OWM issued letters of responsibility to Millville Associates, Inc. and The Pearl Trust as former owners of the Pearl Avenue property. On January 10, 2007 OWM received a Remedial Action Work Plan (RAWP) on behalf of Millville Associates. The RAWP proposed the installation and operation of a soil vapor extraction and air sparge system on the subject property to remediate the groundwater and soil contamination. On January 23, 2007 OWM approved the RAWP. To date, the Respondents have not undertaken any of the work required under the RAWP. The OC&I alleges that the Respondents are in violation of RIDEM's Remediation Regulations. The violation pertains to the failure to take action of an unpermitted release of hazardous materials and failure to take affirmative steps to eliminate migration of any hazardous materials originating from the property to adjacent property. In the NOV, OC&I ordered the Respondents to commence the installation and operation of the approved remedial system on the subject property and continue with the operation until OWM authorizes remedial actions to cease. OC&I assessed an administrative penalty of $45,000.00.



November 2010 UST Notices of Violation



The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). On January 22, 2010 RIDEM Office of Customer and Technical Assistance (OCTA) issued a letter to all registered facility owners/operators of underground storage tanks (USTs) used for storage of petroleum products that required the owners/operators to inspect their facility and complete and submit to OCTA a Compliance Certification Checklist, a Certification Statement form and any necessary Return to Compliance Plans (collectively, Compliance Certification Forms). The violations pertain to the failure to submit to OCTA the Compliance Certification Forms. In each case OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent(s). The NOI required the Respondent(s) to submit the Compliance Certification Forms. In each case the Respondent(s) failed to comply with the NOI. In the NOV, OC&I ordered the Respondent(s) to submit the Compliance Certification Forms to OC&I in accordance with Rule 8.03 of the UST Regulations. OC&I assessed an administrative penalty of $3,000.00.



November 23, 2010 - UST File No. 2010-00641 re: Cowesett Sun Service LLC and Bayco Enterprises, Inc. for property located at 128 Cowesett Avenue in the town of West Warwick. The property includes a gasoline service station.



November 23, 2010 - UST File No. 2010-00613 re: Mohammed Amer and MCA Enterprises, Inc. for property located at 514 Greenville Avenue in the town of Johnston. The property includes a gasoline service station.



November 29, 2010 - UST File No. 2010-02375 re: Clough Realty LLC and C & C Service, Inc. for property located at 781 Victory Highway in the town of North Smithfield. The property includes a gasoline service station.

Formal Enforcement Cases Settled or Resolved:

November 1, 2010 - Hazardous Waste File No. 2008 2561 HW re: Gannon & Scott, Inc. for a facility located at 33 Kenney Drive in the City of Cranston. The Respondent operates a commercial business engaged in the processing of metals and is registered with RIDEM as a large quantity hazardous waste generator. On June 19, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to the following: failure to keep containers of hazardous waste closed at all times unless adding or removing hazardous waste from the container; failure to provide initial and annual refresher training for all employees managing hazardous waste; failure to conduct weekly inspections of all storage containers of hazardous waste and maintain inspection logs; failure to submit to OC&I the names and signatures of all personnel authorized to sign hazardous waste manifests; failure to properly label and identify accumulation start date for universal waste comprised of fluorescent bulbs; and storage of hazardous waste for greater than ninety days without a permit from RIDEM Office of Waste Management (OWM). In the NOV, OC&I ordered the Respondent to take specific actions to correct the violations. OC&I also assessed an administrative penalty of $29,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order portion of the NOV and OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $17,500.00, which was paid upon execution of the Agreement.



November 5, 2010 - Air File No. 10-16 re: Pawtucket Asphalt Corporation for a facility located at 25 Concord Street in the city of Pawtucket. RIDEM Office of Air Resources (OAR) issued a permit to the Respondent on December 4, 2007 to install an asphalt drum mix plant and dust collection system. The permit requires the Respondent to conduct initial performance emission testing of the equipment to demonstrate compliance with the emission limits for particulate matter, nitrogen oxides, and carbon monoxide within 180 days after initial start up. On August 26, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control (APC) Regulation No. 9, entitled Air Pollution Control Permits. The violation pertained to the failure to comply with the permit. In the NOV, OC&I ordered the Respondent to conduct the emission testing of the equipment as required by the permit. OC&I assessed an administrative penalty of $3,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to conduct the initial performance emission testing as required by the permit and pay a penalty of $3,000.00 in installments. The first payment of $1,500.00 was paid upon execution of the Agreement. The remaining payments will be paid monthly in the amount of $500.00.



November 16, 2010 - OWTS File No. CI04-0262 re: Robert McGovern and Kimberly McGovern for property located at 655 Ocean Road, Assessor's Plat T, Lot 182 in the town of Narragansett. The property includes a two bedroom single family dwelling. On July 31, 2007 OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondents to cease the discharge of sewage to the surface of the ground, pump the OWTS as needed to prevent overflows, have the OWTS evaluated by a licensed designer to determine the cause of the failure, and repair the OWTS, if necessary. OC&I assessed an administrative penalty of $800.00. The Respondents filed an appeal of the NOV with AAD. On November 12, 2007 Robert McGovern passed away. Prior to an administrative hearing on the NOV, Kimberly McGovern complied with the Order portion of the NOV. OC&I and the Respondent executed a Consent Agreement to resolve the NOV that waived the administrative penalty.



November 18, 2010 - Water Pollution File No. 10-002 re: Rhode Island Mall LLC, Boston KDM LLC and Brian J Kelly, III for a mall known as Rhode Island Mall located at 650 Bald Hill Road in the city of Warwick. Rhode Island Mall LLC was the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001546. The permit authorizes the discharge of cooling tower blow down water associated with an air conditioning system for the mall to the Pawtuxet River. Rhode Island Mall LLC was also the holder of RIPDES Permit No. RI0023299. The permit authorizes the discharge of storm water from the parking lot for the mall to the Pawtuxet River. The Rhode Island Secretary of State's corporation's database lists the Rhode Island Mall LLC as an inactive corporation. The date of the Revocation Certificate was October 10, 2006. The record lists Boston KDM LLC as the manager of the corporation. The Rhode Island Secretary of State's corporation's database lists Boston KDM LLC as an inactive corporation. The date of the Revocation Certificate was October 10, 2006. The record lists Brian J Kelly III as the manager of the corporation. The permits required Rhode Island Mall LLC to monitor the discharges, summarize monitoring results obtained during the previous quarterly period and report the results to the RIDEM Office of Water Resources (OWR) in a Discharge Monitoring Report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. On February 26, 2010 OC&I issued an NOV to the Respondents alleging that the Respondents violated the permits, Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and RIPDES Regulations. The violation pertained to the failure to submit DMRs associated with the permit for the cooling tower blow down water for the following seven quarterly periods: October 1, 2006-December 31, 2006; July 1, 2007-September 30, 2007; July 1, 2008-September 30, 2008; October 1, 2008-December 31, 2008; January 1, 2009-March 31, 2009; April 1, 2009-June 30, 2009; and July 1, 2009-September 30, 2009. The violation also pertained to the failure to submit DMRs associated with the storm water permit for the following eight quarterly periods: October 1, 2006-December 31, 2006; January 1, 2007-March 31, 2007; April 1, 2007-June 30, 2007; October 1, 2007-December 31, 2007; April 1, 2008-June 30, 2008; January 1, 2009-March 31, 2009; April 1, 2009-June 30, 2009; and July 1, 2009-September 30, 2009. In the NOV the Respondents were ordered to submit the DMRs. OC&I assessed an administrative penalty of $18,750.00. GLL Rhode Island Mall, L.P. filed an appeal of the NOV with AAD on behalf of the Respondents. On July 14, 2010 the permits were transferred to GLL Rhode Island Mall, L.P and it accepted responsibility for compliance with the permits and for the violations cited in the NOV. Prior to an administrative hearing on the NOV, GLL Rhode Island Mall L.P. complied with the Order portion of the NOV and OC&I and GLL Rhode Island Mall L.P. executed a Consent Agreement to resolve the NOV. GLL Rhode Island Mall L.P. agreed to pay a penalty of $15,000.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

None settled or resolve this month.