October 2008 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 October 2008. 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 2, 2008 - OC&I/Water Pollution File No. WP 08-97 re: Wasserman RE Ventures LLC. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0000051. The RIPDES Permit authorizes the Respondent to discharge treated sanitary wastewater, non-contact cooling water and storm water for tenants located at Precision Park, 200 Frenchtown Road, North Kingstown to a wetland area tributary to the Hunt River. The RIPDES permit requires the Respondent to: comply with the following discharge limits for Total Ammonia-1.66 ppm as a monthly average and 10.6 ppm as a daily maximum from May 1 through October 31 and 3.38 ppm as a monthly average and 10.6 ppm as a daily maximum from November 1 through April 30; comply with the following discharge limit for Total Phosphorous-1.0 ppm as a monthly average; comply with the following discharge limits for Biological Oxygen Demand (BOD5)-5 ppm as a monthly average, 10 ppm as a weekly average, and 10 ppm as a daily maximum; and immediately report any violation or noncompliance which may endanger health or the environment, including maximum daily discharge limit violations. In accordance with the RIDPES permit the Respondent is required to submit to RIDEM a monthly Discharge Monitoring Report (DMR). The OC&I alleges that the Respondent is in violation of the Water Pollution Act, the RIDEM Water Quality Regulations and the RIDEM RIPDES Regulations. RIDEM reviewed the January 2007 through May 2008 DMRs. Evaluation of the DMRs revealed that the Respondent violated the permit limits for Total Ammonia, Total Phosphorous, and BOD5. The Respondent violated the Total Phosphorous limits for January 2007, March 2007, April 2007, May 2007, July 2007, and December 2007. The Respondent violated the Total Phosphorous, Total Ammonia, and BOD5 limits for each month from January through May 2008. The monthly average concentration for Total Ammonia ranged from 1.4 to 7.7 times over the allowable permit limit. The monthly average concentration for Total Phosphorous ranged from 1.2 to 2.5 times over the allowable permit limit. The monthly average concentration for BOD5 ranged from 1.5 to 10 times over the allowable limit. On March 6, 2008, RIDEM issued a Significant Noncompliance (SNC) Letter to the Respondent for the Total Phosphorous violations that occurred in 2007. The SNC Letter advised the Respondent that it failed to notify RIDEM of the violations within twenty-four (24) hours of becoming aware of the violations. On March 20, 2008 the Respondent submitted a letter in response to the SNC Letter. The Respondent stated that the cause of the violations was a blockage in the chemical feed line. The Respondent did not include any information regarding the failure to report the violations within twenty-four (24) hours. On June 18, 2008 RIDEM issued a second SNC Letter to the Respondent for the Total Phosphorous, Total Ammonia, and BOD5 violations that occurred in 2008. The SNC Letter advised the Respondent that RIDEM would initiate enforcement action. On July 9, 2008 the Respondent submitted a letter in response to the SNC Letter. The Respondent stated that it had retained an engineering consultant to recommend corrective actions. In the NOV, the Respondent was ordered to at all times comply with the RIPDES permit limits and immediately report any violations which may endanger health or the environment, including maximum daily discharge limitation violations. OC&I assessed an administrative penalty of $53,750.00.



October 8, 2008 - OC&I/UST File No. 2008-1875 US re: John J. Morrone, Jr., Lorraine H. Morrone, John J. Morrone III, and Judy A. Morrone for property located at 206 Main Street in the village of Ashaway in the town of Hopkinton, otherwise identified as Assessor's Plat 25, Lot 259. The property includes four underground storage tanks (USTs), which are used for storage of gasoline and diesel fuel. One UST holds 4,000 gallons of diesel fuel, one UST holds 5,000 gallons of gasoline, and two USTs hold 8,000 gallons of gasoline. The Respondents are the owners of property. The OC&I alleges that the Respondents are in violation of the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the following: failure to submit a completed Environmental Results Program compliance certification form to RIDEM within the time frame specified by the Director; failure to retrofit or upgrade the metallic segments of the product pipelines for three USTs to meet the corrosion protection requirements; failure to use the automatic tank gauging (ATG) system to perform monthly leak tests for two USTs; failure to maintain product inventory control records for three USTs; failure to perform product pipeline testing for three USTs during 2007; failure to have line leak detectors for three USTs tested during 2007; failure to test the impact valves during 2007; failure to test the ATG system on a monthly basis; and failure to perform annual certification/testing of the ATG system during 2007. Respondents John J. Morrone, Jr. and Lorraine H. Morrone were previously cited by RIDEM for violations of the UST Regulations in an NOV issued on December 21, 1993 and a Letter of Noncompliance issued on October 29, 2001. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $16,821.00.



October 23, 2008 - OC&I/Air File No. 2007 2025 and AIR 08-08 re: Charles Butterworth d/b/a Butterworth Painting. The subject property is located at 113 Governor Bradford Drive in the town of Barrington. OC&I alleges that the Respondent is in violation of RIDEM Air Pollution Control Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violation pertains to the removal of exterior lead paint from a residence at the property by operating power sanding equipment without a required attached shroud and HEPA vacuum to capture dust from the removal operation and installation of inadequate ground sheeting that was not anchored or weighed down to prevent lead paint from being deposited on the ground. The RIDEM inspector observed play equipment within fifty (50) feet of the lead paint removal operation, specifically a basketball hoop, swing and playhouse. Lead paint debris was identified on the surface of the ground at the time of the inspection; however, a follow up inspection the next day revealed that the Respondent cleaned all lead paint debris. The Respondent was issued an NOV on June 1, 2005 for a similar violation. In the NOV, the OC&I assessed a penalty in the amount of $5,000.00.

 

Formal Enforcement Cases Settled or Resolved:

October 7, 2008 - OC&I/UST File No. 07 - 00580 re: Reliable Fleet Service, Inc. and William Vincent for property located at 1148 Eddie Dowling Highway, Assessor's Plat 17, Lot 110 in the town of North Smithfield. The property includes three 8,000-gallon underground storage tanks used for the storage of gasoline. On June 26, 2007 OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to Respondents' failure to maintain the USTs in compliance with applicable national codes of practice listed in Appendix B of the UST Regulations; failure to meet inventory control record keeping requirements; failing to conduct annual testing of line leak detectors; failing to conduct annual testing of shear valves; failing to investigate release detection signals; failing to conduct monthly testing of the UST continuous monitoring system (CMS); failing to conduct an annual certification/test of the CMS; failing to maintain spill containment basins and sumps; failing to meet tank field observation and groundwater monitoring well construction standards; and failing to meet annual groundwater evaluation requirements. In the NOV the OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed a penalty in the amount of $17,720.00. The Respondents filed an appeal of the NOV with AAD. The Respondents complied with all but two of the ordered actions in the NOV. Prior to an administrative hearing on the NOV, OC&I and Respondent Reliable Fleet Service, Inc. (Reliable Fleet) executed a Consent Agreement to resolve the enforcement action. Respondent Reliable Fleet agreed to submit written verification within sixty (60) days that it is in compliance with the monthly CMS testing and groundwater evaluation requirements. Respondent Reliable Fleet agreed to pay an administrative penalty of $12,970.00 in installments. The first payment of $1,000 was paid upon execution of the Consent Agreement, and the remaining payments are to be paid over twenty-four (24) months at $500.00 per month.



October 8, 2008 - 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. On October 27, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to the discharge of sewage from the septic system at the property to the ground surface and into a nearby storm drain. 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. The Respondents failed to file an appeal of the NOV with AAD. The Respondents repaired the septic system and paid the full penalty assessed in the NOV.



October 20, 2008 - OC&I/Site Remediation File No. 05-01 re: Getty Petroleum Marketing, Inc., Power Test Realty Company Limited Partnership and Getty Properties Corporation for property located at Dunellen Road and Dexter Road, Assessor's Map 204, Block 1, Parcels 9, 11 and 15 in the city of East Providence. Capital Terminal Company (CTC) is the owner of Parcel 15. Respondent Power Test Realty Company Limited Partnership (PTR) is the owner of Parcels 9 and 11. Respondent Getty Properties Corp. (GPC) is the owner of petroleum pipelines that are installed on Parcels 9 and 11. Respondent Getty Petroleum Marketing, Inc. (GPM) is the operator of the petroleum pipelines installed on Parcels 9 and 11. The petroleum pipelines extend east and west of Parcels 9 and 11 across easements and other parcels owned by Respondent PTR. On July 28, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rhode Island Water Pollution Act and Oil Pollution Control Act and the RIDEM Oil Pollution Control Regulations, Groundwater Quality Regulations, Water Quality Regulations and the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). The violations pertained to the release of light non-aqueous phase liquid (LNAPL) in the form of gasoline from the petroleum pipelines on the property. The release of petroleum product resulted in pollutants entering the land and waters of the state of Rhode Island. RIDEM issued a Letter of Responsibility (LOR) to the Respondents on December 2, 2002 advising Respondents of the release and presence of separate phase petroleum in groundwater on Parcel 15, that the likely source of the petroleum was the abutting pipeline controlled by Respondents, that Respondents were required to perform a site investigation to determine the nature and extent of contamination, and that Respondents needed to evaluate and propose a remedy for the problem to be submitted to RIDEM on or before February 1, 2003. The Respondents failed to comply with the LOR. RIDEM issued a Notice of Intent to Enforce (NOIE) to the Respondents on July 21, 2003. Following receipt of the July 2003 NOIE, Respondent GPM notified RIDEM of their intention to comply with the requirements of the NOIE. Respondent GPM commenced to comply with the July 2003 NOIE but failed to submit the completed studies, work plans and action plan required in the NOIE. On December 18, 2003 RIDEM issued a second NOIE to GPM and CTC that required compliance to address the violations on the properties. Based upon interim investigations completed as of January 21, 2005, LNAPL ranging in thickness of 1.45 to 2.54 feet was found in groundwater-monitoring wells on or near parcel 11, from .02 feet to 2.42 feet in six groundwater-monitoring wells on parcel 15, and from .02 to .81 feet in two monitoring wells on adjacent parcel 10. This report showed an increase in thickness and spread of LNAPL as compared to previous reports. As of the issuance of the NOV, Respondents failed to submit a Site Investigation Report (SIR), an SIR checklist and a Short Term Response Action proposal as required by the LOR, the July 2003 NOIE and December 2003 NOIE and otherwise failed to comply with the requirements of the Remediation Regulations and the Oil Pollution Control Regulations. In the NOV, OC&I ordered the Respondents to comply with both sets of Regulations in the submission of required studies, a response plan and a final remediation of the properties/site. OC&I assessed an administrative penalty in the amount of $50,000.00. The Respondents filed an appeal of the NOV with AAD. An administrative hearing was held at AAD on May 5 and 6, 2008. A Decision and Order was signed by the Director of RIDEM on October 20, 2008. The Decision and Order sustained in part and dismissed in part the NOV as follows: the NOV was dismissed against Respondents GPM and GPC; the NOV was sustained against Respondent PTR for discharging oil or petroleum into the waters of the State; and the NOV was dismissed against Respondent PTR for discharging pollutants to the waters of the State, violating the Groundwater Quality Regulations, violating the Water Quality Regulations, and violating the Remediation Regulations. Respondent PTR was ordered to comply with all remedial measures required pursuant to the Oil Pollution Control Regulations including payment of costs for removal and remediation. OC&I was ordered to recalculate the administrative penalty to reflect the violations for which Respondent PTR was found liable and advise the hearing officer and Respondent PTR of the amount of the recalculated penalty. Respondent PTR was given an opportunity to contest the recalculated penalty at AAD or, absent a request for hearing, pay the recalculated penalty within forty-five (45) days.



October 31, 2008 - OC&I/Freshwater Wetlands File No. 2007 245FW and C07-115 re: New England Stone Industries, Inc. d/b/a Granites of America and Antonio C. Ramos for property located approximately 1,200 feet northeast of Branch Pike (Providence Pike), adjacent to Granites of America (New England Stone Industries ("New England Stone")), approximately 1,400 feet northeast of the intersection of Branch Pike and Douglas Pike (Route 7), Assessor Plat 49, Lot 153, in the town of Smithfield. The property is owned by Antonio Ramos. New England Stone operates a stone cutting business at the property. On January 15, 2008, OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. In February 1982, March 1984, and February 1986 RIDEM issued Notices of Violation for unauthorized alterations of freshwater wetlands on the property. In June 1993 a Consent Agreement was executed between Mr. Ramos and RIDEM to resolve the violations alleged in the Notices of Violation. Mr. Ramos agreed to construct 3 sediment basins to settle out stone dust that accumulates within wash water used during the stone cutting operation, and a system to recirculate the filtered wash water to prevent any discharge of water from the stone cutting operation to adjacent freshwater wetlands. An inspection performed by RIDEM in July 1996 revealed that the construction of the sediment basins was completed and the freshwater wetlands were restored. The violations in the January 2008 NOV pertained to clearing, grading and creating soil disturbance within a Forested Wetland and the discharge of wash water laden with sediment from one of the sediment basins to the Forested Wetland. The violations resulted in the alteration of approximately 18,900 square feet of Forested Wetland. Mr. Ramos advised the OC&I inspectors that the pump for the wash water recirculation system was inoperable and had been for approximately 1 year. Mr. Ramos claimed that the stone cutting operation took place only during 1 week when the pump was not in operation. Mr. Ramos took immediate action to address the violations and repaired the inoperable pump. In the NOV, OC&I ordered the Respondents to restore all damaged freshwater wetlands on the property. OC&I assessed an administrative penalty of $13,500.00. The Respondents filed an appeal of the NOV with AAD. The Respondents restored most of the freshwater wetlands as ordered in the NOV. Prior to an administrative hearing on the NOV, OC&I and Respondent New England Stone executed a Consent Agreement to resolve the enforcement action. Respondent New England Stone agreed to restore the remaining freshwater wetlands by November 30, 2008. Respondent New England Stone paid the full penalty of $13,500.00 assessed in the NOV upon execution of the Consent Agreement.

 

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.