October 2001 Enforcement Action Summary

Actions Issued
Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of October 2001. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

October 6, 2001 - OC&I/UST File No. 01-00692 re: Robert L. Laverdiere, Mary Ellen Laverdiere, Pascoag Main Street Service, Raymond L. Laverdiere, Potter Oil Inc., and Medea, L.L.C. for property located at 24 North Main Street (Main Street Mobil), Assessor's Map 175, Lot 19 in the Town of Tiverton. The OC&I alleges that the Respondents violated Rhode Island's Water Pollution Act, Oil Spill Pollution Prevention and Control Act, along with RIDEM's Oil Pollution Control Regulations and its Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations relate to Respondents' release of pollutants/oil/petroleum into waters of the State from the facility. On September 13, 2001, the DEM issued an Immediate Compliance Order to Respondents ordering them to assume full responsibility for the investigation and remedial activities relating to the facility's USTs and the discovery of the release. In the NOV, OC&I also cited the Respondents with numerous violations of the UST Regulations. These violations relate to precision testing, monthly testing of the continuous monitoring system, substantially modifying the facility without approval, installation of groundwater monitoring wells, abandonment of UST systems, failing to inspect the cathodic protection system, and record keeping. The OC&I ordered the Respondents to comply with all of the orders contained in the Immediate Compliance Order and ordered compliance with the UST Regulations to resolve the cited violations. A penalty in the amount of $57,040.00 was assessed in the NOV.

October 23, 2001 - OC&I/UST File No. 01-00232 re: GTECH Corporation for property located at 560 Airport Road, Assessor's Plat 321, Lot 4, Unit #5 in the City of Warwick. The property is owned by the State of Rhode Island and was operated by the GTECH Corp. from March 1, 1993 until February 2001. The OC&I alleges that the Respondent violated portions of RIDEM's UST Regulations pertaining to precision testing requirements and record keeping for precision testing of USTs. The OC&I ordered the Respondent to submit precision testing records for its jet fuel UST for the years 1993, 1994, 1996 and 1997. The OC&I assessed a penalty in the amount of $4,300.00.

October 30, 2001 - OC&I/UST File No. 01-0047 re: Block Island Power Company for property located at 100 Ocean Avenue, Assessor's Plat 17, Lots 35, 36, 37, 38 and 40 in the Town of New Shoreham. The OC&I alleges that the Respondent violated sections of RIDEM's UST Regulations. The violations pertain to corrosion protection upgrade requirements, precision testing, installation of spill containment basins, overfill protection, written inventory records and permanent closure of a UST system without prior approval. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $25,200.00.

Formal Enforcement Cases - Settled or Resolved

October 18, 2001 - OC&I/Wetlands File No. C00-0530 re: Zarrella Development Corporation for property located at house number 70 on Watch Hill Road, Assessor's Plat 12C, Lot 390, in the Town of East Greenwich. On January 24, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and sections of the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to constructing a deck in noncompliance with a permit/approval issued to the Respondent. The Respondent had a prior history of noncompliance with a permit issued by the RIDEM for this particular site/property. The OC&I ordered the Respondent to submit a revised plan depicting the unauthorized deck and to submit an application review fee otherwise required if the Respondent had properly applied for the deck. A penalty of $1,600.00 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the violation. The Respondent submitted a site plan showing the deck, paid a review fee of $150.00 and paid a penalty in the amount of $1,100.00 to settle the enforcement action.

October 19, 2001 - OC&I/AIR File No. 01-03 re: W. Artesani & Sons, Inc., Builders for property located at 52 Vassar Avenue, in the City of Providence. On February 16, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated multiple sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to notification, removing or covering play equipment or furnishings, ground sheeting, vertical containment, use of a sanding machine without a HEPA vacuum, manual scraping without misting the surface, and collection/containment of spent abrasive, paint and other debris. The OC&I assessed a penalty of $5,750.00 against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein it was agreed that the Respondent would pay a penalty in the amount of $2,400.00. The Respondent paid the penalty and the matter is resolved.