October 2005 Enforcement Action Summary Formal Enforcement Actions IssuedFormal Enforcement Actions Settled or ResolvedSuperior Court Actions IssuedSuperior Court Actions Settled or Resolved This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of October 2005. 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 firstname.lastname@example.org. 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 14, 2005 - OC&I/RCRA File No. 05-025 re: Uncas Manufacturing Company for property located at 150 Niantic Avenue, Assessor's Plat 50, Lot 734 in the City of Providence. The Respondent is a large quantity generator of hazardous waste with a USEPA identification number of RID 982194151. OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertain to the Respondent's failure to properly label all satellite containers of hazardous waste and other containers of hazardous waste in storage at the facility, failure to keep all satellite containers of hazardous waste closed except when adding or removing waste, failure to conduct weekly inspections and to maintain of a log of such inspections of the areas where containers of hazardous waste are stored, failure to provide annual training to company employees who handle hazardous waste and to maintain records of the training, failure to have a contingency plan in the event of an emergency or release of hazardous waste, failure to provide to RIDEM a list of all employees authorized to sign the uniform hazardous waste manifests generated by the facility, and failure to maintain all satellite containers of hazardous waste at the point of generation and under the control of the operator. The Respondent corrected all violations prior to the issuance of the NOV. In the NOV the OC&I assessed a penalty in the amount of $16,000.00 for Respondent's noncompliance with the Hazardous Waste Regulations.October 14, 2005 - OC&I/RCRA File No. 05-028 re: Brookwood Laminating, Inc. for property located at 1425 Kingstown Road, Assessor's Plat 48-2, Lot 97 in the Town of South Kingstown. The Respondent is a generator of hazardous waste with a USEPA identification number of RID 001463173. OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertain to the Respondent's failure to properly label all satellite containers holding ignitable or reactive hazardous waste, failure to properly mark all containers holding hazardous waste with the accumulation start date to determine the time of storage, failure to store containers of flammable or reactive hazardous wastes at least 50 feet from the property line, failure to conduct weekly inspections of containers of hazardous waste in storage and maintain a log of the weekly inspections, failure to amend the Respondent's contingency plan and to provide copies of the plan to local police, fire, hospital and state/local emergency response teams, failure to provide training to company employees who handle hazardous waste and to maintain records of the training and failure to properly manage and store universal hazardous waste in compliance with the regulations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations within a specified period of time and assessed a penalty in the amount of $19,021.00.October 27, 2005 - OC&I/ Water Pollution File No. WP/05-11 x-ref. RIPDES Permit No. RI0100293 re: City of Newport. The City of Newport is the owner of the Newport Wastewater Treatment Facility (Facility) in Newport and is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0100293. OC&I alleges that the Respondent is in violation of the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's RIPDES Regulations. The violations pertain to the failure to properly implement the Facility's Industrial Pretreatment Program. The RIPDES Permit requires the Respondent to fully and effectively exercise its authority as defined in the Sewer Use Ordinance and implement the Approved Industrial Pretreatment Program (IPP) consistent with the Rhode Island Pretreatment Regulations and Federal General Pretreatment Regulations 40 CFR 403. The Respondent's Pretreatment Program was approved by RIDEM on March 30, 1985. On September 8, 1997 EPA issued a Pretreatment Audit Report to the Respondent which identified numerous deficiencies, including failure to perform Industrial Waste Surveys, failure to identify/designate Significant Industrial Users (SIUs), and failure to issue Industrial Wastewater Discharge Permits (Permits) to SIUs. The Respondent did not respond to the EPA Audit Report. On February 26, 1999 RIDEM reissued the EPA Audit Report and required the Respondent to identify the corrective actions to be taken to resolve the identified deficiencies. A corrective action plan was submitted by the Respondent with a final deadline of September 1, 2000 to attain compliance. On February 19, 2002 RIDEM performed a Pretreatment Compliance Inspection (PCI) of the Facility and reviewed Annual Pretreatment Reports for 2002, 2003, and 2004 that the Respondent submitted to RIDEM. The PCI findings and review of the Annual Pretreatment Reports revealed the Respondent's failure to issue Permits to three SIUs currently discharging to the Facility (Newport Creamery, Newport Naval Station, and Naval Undersea Warfare Center (NUWC)) by the September 1, 2000 deadline and failure to reissue Permits to three SIUs (Newport Hospital, NUWC, and Newport Naval Station); failure to perform annual inspections and sampling of SIUs; and failure to identify noncompliance, including significant non-compliance, and take the necessary enforcement actions against SIUs in accordance with the approved Enforcement Response Plan. In the NOV the Respondent was ordered to at all times maintain compliance with the pretreatment requirements in the RIPDES Permit. OC&I assessed a penalty in the amount of $50,000.00.October 27, 2005 - OC&I/Septic System File No. CI 97-193 re: Melissa J. Bauman and Lanea K. Radunsky for property located at 9 Tanglewood Drive, Assessor's Plat 24, Lot 217 in the Town of Cumberland. The Property is owned by the Respondents and includes a single-family house. OC&I alleges that the Respondents are 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 violation pertains to the discharge of sewage from the septic system at the Property to the ground surface and into a nearby stormdrain. On June 5, 2005 a police officer with the Cumberland Police Department responded to a complaint and observed a water discharge with a strong sewage odor emanating from the front yard of the Property. On June 27, 2005 officers with the Cumberland Police Department and personnel with the Cumberland Public Works Department inspected the Property again in response to continued complaints. The town personnel identified a water discharge with a strong sewage odor emanating from the front yard of the Property and entering a nearby stormdrain. A water sample collected by the Town personnel confirmed the presence of fecal coliform bacteria, an indicator of sewage. In the NOV the Respondents were ordered to immediately cease any further discharge of sewage, pump the septic system through a licensed septage hauler as often as necessary to prevent the discharge of sewage to the ground surface, and repair the septic system. OC&I assessed a penalty in the amount of $1,000.00.October 27, 2005 - ISDS Installer License # L0037 re: Richard Brown. The Respondent is currently licensed by DEM as an individual sewage disposal system (ISDS) Installer (License #L0037). The OC&I alleges that the Respondent is in violation of Rhode Island General Law Section 5-56-7 and RIDEM's ISDS Regulations. The violation pertains to the failure to construct an ISDS in accordance with the application and plans approved by RIDEM for property located at 86 Lookout Avenue, in the town of Johnston, Plat 9, Lot 153. On or about December 11, 2001 an ISDS designer submitted an ISDS repair application for the above property. RIDEM approved the application on December 13, 2001. The Respondent installed the ISDS and RIDEM issued a Certificate of Conformance on November 6, 2002. On August 5, 2003 RIDEM received a written complaint from the owners of the property. The complaint stated that the ISDS had failed during the winter 2002/spring 2003 and the designer had proposed a questionable plan to correct the failed ISDS. The designer submitted letters to RIDEM in response to inquiries from RIDEM describing his actions in the construction of the ISDS. RIDEM reviewed the letters and the application file and determined that the ISDS repair application approved by RIDEM stated that no subsurface drainage shall be installed within 25 feet of the ISDS; an under drain was discovered during the construction that was believed to be inactive; a decision was made by the designer and the Respondent to remove a portion of the under drain and continue with construction; and the designer and the Respondent failed to verbally notify RIDEM of the under drain during construction. In the NOV OC&I assessed a penalty in the amount of $800.00.October 27, 2005 - OC&I/UST File No. 05-01247re: The Pepsi Bottling Group, Inc. and Bottling Group, LLC for property located at 1400 Pontiac Avenue, Assessor's Plat 13, Lot 9 in the City of Cranston. The Respondents are the owners/operators of 2 USTs on the property consisting of a 3000-gallon heating oil UST and a 15,000-gallon diesel fuel UST. The OC&I alleges that the Respondents are in violation of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondents' failure to complete precision testing of new or replacement UST systems upon completion of installation and submit the test reports to RIDEM, failure to comply with inventory control record keeping requirements, failure to comply with continuous monitoring requirements for double-walled UST piping systems, failure to comply with annual testing of UST line leak detectors, failure to comply with requirements pertaining to the operation and maintenance of UST leak monitoring equipment, failure to comply with annual testing requirements for UST continuous monitoring systems, failure to maintain spill containment basins, failure to operate and maintain UST facility sumps and failure to label the fill ports to the USTs at the facility. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $11,985.00. Formal Enforcement Cases Settled or Resolved: October 6, 2005 - OC&I/Septic System File No. CI 94-306 re: Harold A. & Sheryl L. Delahunt for property located at 68 Brown Street, Assessor's Plat 117, Lot 285 in the Town of North Kingstown. The property includes a commercial retail business and is owned by the Respondents. On January 13, 2005, OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to a failed septic system associated with a restaurant at the Property. In the NOV OC&I ordered the Respondents to submit an application for repair to the septic system. OC&I assessed a penalty in the amount of $1200.00. The Respondents filed an appeal of the NOV with AAD. The Respondents closed the restaurant in February 2005, converted the building to a retail business, and submitted an Application for Alteration to the septic system to RIDEM on July 28, 2005. Prior to a hearing on the NOV the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to submit a revised Application to address deficiencies and to construct the septic system in accordance with the approval issued by RIDEM. OC&I and the Respondents agreed to a penalty of $600.00. The penalty was paid upon execution of the Consent Agreement.October 25, 2005 - OC&I/Oil Pollution Control File No. 04-02 re: the Cove Haven Corporation and Drew Oil Corporation for property located at 101 Narragansett Avenue, Assessor's Plat 13, Lot 2 in the Town of Barrington. On February 3, 2005 the OC&I issued a NOV alleging that the Respondents violated Rhode Island's Water Pollution Act, the Oil Pollution Control Act, RIDEM's Oil Pollution Control Regulations ("the OPC Regulations"), RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and Title 40, Part 280, Section 30 (a) of the Code of Federal Regulations pertaining to spill and overfill control at UST facilities. The violations pertained to the release of gasoline to the surface of the ground and to nearby coastal waters known as Bullocks Cove. The overfilling of a UST at the property caused the release. The overfilling resulted from the transfer of gasoline to the UST and the Respondents' failure to constantly monitor the transfer of the gasoline. The Respondents procured the services of an environmental clean-up contractor to remediate the release of gasoline but failed to submit written verification that the gasoline release had been remedied. The Respondents have not submitted a written release report to RIDEM as required by the UST and OPC Regulations. The OC&I ordered the Respondents to submit a written release report to the RIDEM. A penalty in the amount of $11,500.00 was assessed in the NOV. Respondent Drew Oil filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and Respondent Drew Oil met with Respondent Cove Haven Corporation to discuss settlement. Based on issues raised in settlement discussions, the OC&I agreed to settle the enforcement case with Respondent Drew Oil. A Consent Agreement was executed between Respondent Drew Oil and the OC&I to resolve the enforcement action. Respondent Drew Oil agreed to pay a penalty in the amount of $4,750.00. The penalty was paid upon execution of the Consent Agreement and the enforcement case is closed.October 26, 2005 - OC&I/Freshwater Wetlands File No. C04-0351 re: Stephen Moulton for property located immediately west of Hawthorne Road, approximately 450 feet east of the intersection of Hawthorne Road and Hornbeam Road, Assessor's Plat 87, Lot 22.01, in the Town of Coventry. Sturbridge Home Builders, Inc currently owns the property. The property was previously owned by Stephen Moulton and was transferred to Sturbridge Home Builders, Inc on January 5, 2005. On June 23, 2005 OC&I issued an NOV alleging that the Respondent violated the Freshwater Wetlands Act and the DEM Freshwater Wetland Regulations. The violation pertained to the construction of a water line (for a housing subdivision project) and associated excavation, grubbing and clearing within Swamp, 100 Foot Riverbank Wetland, 100 Year Floodplain, and 50 Foot Perimeter Wetland in nonconformance with a permit that was issued by RIDEM to the Respondent on July 21, 2004. These activities resulted in the unauthorized alteration of approximately 6,300 square feet of freshwater wetland. In the NOV the Respondent was ordered to remove all fill from the Swamp, replant the Perimeter Wetland and Riverbank Wetland, and submit a plan to allow the water line to remain including anti-seep collars as necessary. OC&I assessed a penalty in the amount of $7,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent complied with the wetland restoration ordered in the NOV. Prior to a hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. OC&I and the Respondent agreed to a penalty of $5,500.00 and the payment of $1,130 as a review fee. The penalty and review fee were paid upon execution of the Consent Agreement.October 26, 2005 - OC&I/Septic System File No. CI98-263 re: Carol Callahan-Bainum for property located at 16 Royal Avenue, Assessor's Plat 317, Lot 259 in the City of Warwick. On May 9, 2002 the OC&I issued a NOV to the Respondent alleging certain violations of RIDEM's ISDS Regulations. The violations pertained to the discharge of sewage and laundry waste to the surface of the ground. In the NOV the Respondent was ordered to cease the discharge of sewage and laundry waste and repair the septic system. OC&I assessed a penalty in the amount of $3,400.00. The Respondent failed to file an appeal of the NOV with AAD. The Respondent connected the sewerage system for the property to the Warwick sewerage system on April 30, 2004; however, the Respondent failed to pay the penalty. The Respondent refinanced the property and the full penalty amount was placed into an escrow account. OC&I agreed to accept a reduced penalty of $2,400.00 to resolve the NOV, which was paid to DEM.October 27, 2005 - OC&I/Septic System File No. CI04-69 re: Gerald M. Roch for property located at 432 and 438 Washington Street, Assessor's Plat 56, Lot 90, in the Town of Coventry. The property includes one multi-family house comprised of six one- bedroom units and a separate single story building used as a real estate office. On May 17, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the cesspools on the property. In the NOV the Respondent was ordered to pump the cesspools as necessary to prevent overflows and repair the failed cesspools. OC&I assessed a penalty in the amount of $1,600.00. The Respondent failed to file an appeal of the NOV with AAD. The Respondent connected the sewerage system for the property to the town sewerage system on September 9, 2005. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. OC&I and the Respondent agreed to a penalty of $1000.00. The penalty was paid upon execution of the Consent Agreement. Superior Court Actions Issued: October 17, 2005 - OC&I/Multi-Media File Nos. OC&I/Freshwater Wetland File No. C99-0088; OC&I/Water Pollution File No. 04-11; OC&I/ISDS File No. CI04-36; OC&I Solid Waste File No. 04-026; OWM Site Remediation File No. 99-037; and OC&I/Air File No. 04-06 re: Charbert, Division of NFA Corp. - Town of Richmond vs. State of Rhode Island Department of Environmental Management et al Case No: PC/05-3772. Charbert, Division of NFA is the owner of property located at the confluence of the Wood and Pawcatuck Rivers, at 299 Church Street, Assessor's Plat 11A, Lots 6 and 42 in the Town of Richmond. The property includes a textile manufacturing facility that is operated by Charbert. On August 13, 2004 OC&I issued an NOV to Charbert alleging that Charbert violated multiple environmental statutes and RIDEM Regulations involving Water Pollution, Freshwater Wetlands, Underground Injection Control, Air Pollution, Groundwater Pollution, Individual Sewage Disposal Systems (ISDS), Solid Waste, and Hazardous Material Releases. In the NOV Charbert was ordered to take specific actions to correct the violations and ordered to pay a penalty. Charbert filed an appeal of the NOV with AAD. The Town of Richmond petitioned AAD to intervene in the hearing. AAD, without objection from OC&I, granted Richmond's petition to intervene. Prior to a hearing on the NOV, Charbert and OC&I executed a Consent Agreement to resolve the enforcement action. Richmond filed a complaint in Superior Court requesting that the court vacate the Consent Agreement. Richmond argued that as an intervener the town was a full party to the hearing and had a right to review and approve the Consent Agreement, which was not provided to Richmond. DEM argued that the AAD rules provide the intervener with the right to be a party to the hearing; however, DEM can resolve the contested matter prior to a hearing without the consent of the intervener. The Superior Court ruled in favor of the Town of Richmond. The judge vacated the Consent Agreement and ordered the matter returned to AAD. Superior Court Actions Settled or Resolved: None settled or resolved this month.