October 2000 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of October 2000. 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:

October 13, 2000 - OC&I/Solid Waste File No. 00-045 re: The Estate of Georgina Arruda for property located on Arruda Lane, Assessor's Block 99, Card 74, in the Town of Tiverton. The OC&I alleges that the Respondent violated Section 23-18.9-5 of the Refuse Disposal Act by disposing of approximately 133 cubic yards of solid waste in the form of clam shells and associated organic matter on the property. The OC&I ordered compliance with the statute/regulations by ceasing acceptance and/or disposal of solid waste on the property, developing a plan of remediation and removal of the solid waste and disposing of the solid waste at a licensed solid waste management facility. The OC&I assessed a penalty of $2,500.00. The Respondents have appealed the NOV to the AAD.

October 30, 2000 - OC&I/AIR File No. 00-06 re: Tilcon Capaldi, Inc. for property located at 875 Phenix Avenue, in the City of Cranston. The OC&I alleges that the Respondents violated sections of RIDEM's Air Pollution Control Regulation No. 9 regarding compliance with permit conditions. The violations pertain to the Respondent's failure to comply with emission testing of equipment in the prescribed time period conditioned in its permit and failing to notify the RIDEM of the initial startup of its asphalt plant. The OC&I ordered compliance with any and all conditions of the permit. The Respondent has completed its emission testing as required. A penalty in the amount of $2,500.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

Formal Enforcement Cases - Settled or Resolved

October 10, 2000 - OC&I/UST File No. 00-02128 re: Claudio M. Mota and Carmelia Mota for property located at 943 Main Street, Assessor's Plat 15C, Lot 14 in the Town of Warren. The OC&I issued NOV No. 00-02128 to Respondents on April 17, 2000 alleging violations of RIDEM's UST Regulations pertaining to precision testing requirements for USTs and installation of overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty of $8,370.00. The OC&I and Respondent executed an agreement wherein it was acknowledged that the Respondent was able to provide some documentation to show compliance with a portion of the regulations cited in the NOV. The Respondent agreed to pay a reduced penalty in the amount of $4,320.00. A payment schedule was agreed to by the OC&I.

October 19, 2000 - OC&I/RCRA File No. 99- 035 re: The City of Providence, Department of Public Works Garage located at 20 Ernest Street, in the City of Providence. On October 15, 1999, the OC&I issued a NOV to Respondent alleging multiple violations of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations pertaining to hazardous waste management. The RIDEM ordered compliance with the regulations and assessed an administrative penalty of $53,487.00. In response to the NOV, the City brought the facility and its practices into compliance with the regulations. The OC&I and the Respondent negotiated a settlement of the NOV and executed an agreement wherein the Respondent agreed to a penalty of $30,600.00 that has been paid in full. The OC&I issued a Letter of Compliance to the City on October 25, 2000.