September 2003 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 September 2003. 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:

September 2, 2003 - OC&I/RCRA File No. 03-011 re: Narragansett Electric Company for property located at 280 Melrose Street, Assessor's Map Plat 60, Lot 194 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and applicable sections of Title 40 of the Code of Federal Regulations related to hazardous waste. The violations pertain to the Respondent's storage of hazardous waste in excess of the time frame authorized by the regulations, failing to keep hazardous waste containers closed, failing to place an accumulation start date on all containers of hazardous waste stored at the facility, failing to provide all required information on hazardous waste labels for containers of hazardous waste, failing to properly label satellite containers holding hazardous waste and failing to meet all requirements to provide tanks holding hazardous waste with the required stop inflow device/overfill prevention controls. An administrative penalty in the amount of $13,000.00 was assessed in the NOV.



September 2, 2003 - OC&I/Water Pollution File No. 03-04 re: The Town of Middletown regarding its Middletown Public Works Garage located at the intersection of Berkley Avenue and Wyatt Road in the Town of Middletown. The OC&I alleges that the Respondent is in violation of the Water Pollution Act and the Water Quality and Groundwater Regulations. The violations pertain to the discharge of salt from the Town Garage into the groundwater by seepage and onto Berkley Avenue and into the Maidford River by surface runoff. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondent on February 9, 2000 requiring the Respondent to cease the discharge of salt to the groundwater and surface water, submit a plan for the permanent solution to the violation, and submit a plan to evaluate groundwater contamination in the surrounding area. The Respondent made some efforts to comply with the NOIE. The Respondent installed a public water line to nearby homes and constructed a stormwater basin to treat stormwater runoff from the property. The Respondent failed to complete the work associated with the stormwater controls, which included the construction of a salt storage facility. In the NOV the Respondent was ordered to take immediate temporary action to prevent further discharge of pollutants to the groundwater and surface waters, construct the salt storage facility, and submit a plan to evaluate the full extent of groundwater contamination to the surrounding areas. The OC&I assessed a penalty in the amount of $95,000.00.



September 4, 2003 - OC&I/Oil Pollution Control File No. 03-02 re: Kevin M. Gadreau, Portsmouth Brewer Marina At Sakonnet, Inc. and Awashonks Realty, Inc. for property located at 222 Narragansett Boulevard, Assessor's Plat 2, Lot 115 in the Town of Portsmouth. The OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations. The violation pertains to the discharge of oil onto the ground and in the vicinity of Narragansett Bay from the bilge of a vessel stored at the property. OC&I ordered the Respondents to submit written verification that the oil release has been investigated and mitigated in accordance with Sections 12 and 13 of the Oil Pollution Control Regulations and to submit documentation of disposal for the oil spill cleanup debris. The Respondents were also ordered to reimburse RIDEM for all funds that it expended or may expend in the investigation or remediation of the contamination located at the property. A penalty in the amount of $5,295.20 was assessed in the NOV.



September 4, 2003 - OC&I/AIR File No. 03-04NOV re: Smithfield Peat Co., Inc. and Smithfield Crushing Co., LLC for operations located at 295 Washington Highway in the Town of Smithfield. OC&I alleges that the Respondents are in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulations. The violations pertain to Respondents' failure to obtain a permit to install and operate their diesel-fired internal combustion engines ("generators") for their grinding, mulching and crushing operations located on the property. The violations are alleged to have taken place from June 1996 until September 2002. In September 2002, RIDEM's Office of Air Resources issued a permit to Respondent Smithfield Peat Co., Inc. authorizing the installation and operation of its existing generators for operations at the property. A penalty in the amount of $45,797.00 was assessed in the NOV.



September 4, 2003 - OC&I/RCRA File No. 01-030 re: Kenneth J. Iasimone, Jr. d/b/a Budlong Service Center for property located at 85 Budlong Road, Assessor's Plat 11/2, Lot 1827 in the City of Cranston. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertains to the Respondent's failure to characterize wastes generated at the facility and to determine if the wastes are hazardous pursuant to the Regulations. The OC&I made repeated attempts from August 2001 through May 2003 to get the Respondent to voluntarily comply with the Regulations. In the NOV, the OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $2,706.00.



September 4, 2003 - OC&I/UST File No. 03-00473 re: Brewer's Wickford Cove Marina for property located at 65 Reynolds Street, Assessor's Plat 91, Lot 142 in the Town of North Kingstown. 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 ("the UST Regulations"). The violations pertain to Respondent's failure to perform annual tightness testing of the product piping for its UST Nos. 004 and 005 for the years 1993, 1995, 1997, 1998, 1999 and 2000, failing to test the line leak detectors for UST Nos. 004 and 005 during the years 1993 through 1995 and 1997 through 2000, failure to test the continuous monitoring system ("CMS") for its UST systems and failing to maintain records related to testing. OC&I ordered the Respondent to provide all applicable test records for line tightness testing, annual testing for line leak detectors and annual testing records for the CMS for the years cited in the NOV. A penalty in the amount of $7,945.00 was assessed against the Respondent for the alleged violations.



September 16, 2003 - OC&I/Wetlands File No. C01-0294 re: Ingeborg Rieger for property located approximately 1,000 feet west of South County Trail (Route 2), approximately 3,000 feet south/southwest of the intersection of South County Trail and Division Street, west of no. 1407 South County Trail (Chronomatic, Inc.), Assessors Plat 12A, Lot 97 in the Town of East Greenwich. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The violations pertain to clearing, excavating, and filling in multiple areas of freshwater wetlands on the property. This activity has resulted in unauthorized alteration of 108,000 square feet of Swamp, 2,480 square feet of two separate Streams, and 59,070 square feet of Perimeter Wetland and Riverbank Wetlands associated with the Swamp and Streams. OC&I issued a NOIE to the Respondent on November 18, 2002 requiring the restoration of the freshwater wetlands. The Respondent failed to comply with the NOIE. In the NOV the Respondent was ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $8,400.00.



September 19, 2003 - OC&I/Wetlands File No. C01-0064 re: Donald T. Fravala and Kami M. Beaupre for property located at 218 Partition Street, Assessor's Plat 308, Lot 555 in the City of Warwick. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and the Freshwater Wetland Regulations. The violations pertain to clearing, grading, and constructing a fence in non-conformance with a permit issued by RIDEM. This activity has resulted in the unauthorized alteration of approximately 60 square feet of Swamp and 2,215 square feet of Perimeter Wetland associated with the Swamp. This activity is in non-conformance with a permit that was issued by RIDEM in February 1997 to the prior owner of the property for limited work within freshwater wetlands on the property. The Respondents were aware of the permit when they purchased the property in January 2000. OC&I issued an NOIE to the Respondents on July 11, 2001 requiring restoration of the freshwater wetlands. The Respondents failed to comply with the NOIE. In the NOV the Respondents were ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $1,500.00.



September 24, 2003 - OC&I/ Water Pollution File No. WP/03-01 and Freshwater Wetlands File No. C02-0353 re: The Rhode Island Airport Corporation for properties located in three separate areas. The first area is located 50 feet south of Airport Road, at the gravel Service Road on T.F. Green Airport, approximately 440 feet southwest of the intersection of Airport Road and Loveday Street, Assessor's Plat 321, Lot 4, in the City of Warwick (Area I). The second area is located approximately 300 feet north of Airport Road, approximately 450 feet northwest of the intersection of Airport Road and Loveday Street, Assessor's Plat 312, Lot 10, in the City of Warwick (Area II). The third area is located on T.F Green Airport, Assessor's Plat 321, Lot 4, in the City of Warwick (Area III) (collectively, the "Properties"). The Properties are owned by the Rhode Island Department of Transportation and are leased by the Respondent. The OC&I alleges that the Respondent is in violation of the Water Pollution Act, the Freshwater Wetlands Act, Rhode Island's Clean Air Act, the Water Quality Regulations, the Freshwater Wetland Regulations, and the Air Pollution Control Regulations. The violation in Area I pertains to the excavation, filling, grading, and clearing of freshwater wetlands associated with the construction of a stormwater drainage outfall pipe in August 2002. This activity resulted in the alteration of approximately 150 square feet of a Stream (Buckeye Brook), 4,150 square feet of a Swamp, and 2,800 square feet of Perimeter Wetland and Riverbank Wetland associated with the Swamp and Buckeye Brook. The Respondent and RIDEM met on site to discuss the alterations and the interim measures that could be taken to minimize/mitigate impacts caused by the alterations. The Respondent completed all work associated with these interim measures to the satisfaction of RIDEM within 1 week. RIDEM and the Respondent met several times thereafter to discuss resolution of the alterations. The Respondent agreed to submit plans to RIDEM to modify the existing outfall pipe to satisfactorily resolve the alterations. The violation in Area II pertains to clearing, filling, and creating soil disturbance in freshwater wetlands associated with runway approach maintenance activity in February 2003. This activity resulted in the alteration of approximately 10,500 square feet of Riverbank Wetland associated with Buckeye Brook. The Respondent advised RIDEM that the work was necessary to comply with an FAA requirement to clear trees that exceeded the maximum allowable height within an aircraft landing approach and take off zone. The Respondent failed to request verbal approval from RIDEM for an emergency alteration to alter freshwater wetlands and failed to apply for a permit from RIDEM to alter freshwater wetlands. The violation in Area III pertains to the release of glycol associated with de-icing of airplanes and runways from the storm drainage outfalls on T.F. Green Airport to Buckeye Brook and tributaries of Buckeye Brook in February-April 2003. This activity resulted in the creation of nuisance odors, foam, and discoloration in Buckeye Brook and tributaries associated with Buckeye Brook. OC&I issued an NOIE to the Respondent on March 19, 2001 for similar violations that occurred in January-February 2001. RIDEM and the Respondent met on several occasions to discuss resolution of the violations. The Respondent agreed to continue implementing a glycol management program, which included incorporating the glycol management program into a Rhode Island Pollutant Discharge Elimination System (RIPDES) Stormwater Permit under development by RIDEM. In the NOV OC&I ordered the Respondent to submit plans to RIDEM to resolve the alterations in Area I, restore the freshwater wetlands in Area II by replanting with trees and shrubs, and comply with the RIPDES Stormwater Permit upon issuance by RIDEM to resolve the glycol discharge violations in Area III. OC&I assessed a penalty of $1,800.00 for the freshwater wetland alterations in Area I and $800 for the freshwater wetland alterations in Area II. No penalty was assessed for the glycol discharges in Area III including the resulting odors.

 

Formal Enforcement Cases Settled or Resolved:

September 4, 2003 - OC&I/AIR File No. 02-10 re: Patriot Hauling Co., Inc., J.R.Vinagro Manufacturing and Processing Co., Patriot Disposal Co., Inc., Joseph R. Vinagro Properties, LLC, Enviro Crushing and Screening, Inc. and the JLV Family Limited Partnership for property located at 116 Shun Pike in the Town of Johnston. On 17 December 2002, the OC&I issued a NOV to the Respondents alleging that the Respondents violated Section 23-23-5, paragraph 19 of Rhode Island's Clean Air Act and Air Pollution Control No. 9 entitled "Air Pollution Control Permits". The violation pertained to the installation and operation of a 1204 horsepower diesel-fired internal combustion engine ("generator") used to power process equipment for crushing and screening operations. The Respondents installed and operated the generator without first obtaining a permit from RIDEM. The OC&I alleged that the generator was first installed on or about 1 June 2001. The Respondents subsequently obtained a permit to install and operate the generator. The OC&I assessed a penalty in the amount of $8,590.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents paid a penalty in the amount of $5,090.00.



September 4, 2003 - OC&I/Solid Waste File No. 01-031 and Wetlands File No. C01-0062 re: Joseph R. Vinagro for property located on Shun Pike, Assessor's Plat 32, Lot 1 in the Town of Johnston. On 7 December 2001, the OC&I issued a NOV alleging that the Respondent violated Rhode Island's Refuse Disposal Act and Freshwater Wetlands Act including the Rules and Regulations relating to enforcement of the Act. The Refuse Disposal Act violations pertain to operating a solid waste management facility without a license and disposal of solid waste at other than a licensed solid waste management facility. These violations relate to storage of over 31,000 cubic yards of processed construction and demolition debris on the property. The freshwater wetland violations pertain to unauthorized alterations of regulated wetland types including riverbank, swamp, perimeter wetland and an emergent plant community. The unauthorized alterations were from filling, grading, clearing or creating soil disturbance and resulted in a total area of wetland disturbance of approximately 136,750 square feet or 3.14 acres. The OC&I ordered the Respondent to cease acceptance or disposal of any solid waste and to cease operation of a solid waste management facility. The Respondent was further ordered to remove the solid waste and dispose of the waste at a licensed solid waste management facility. The Respondent was ordered to cease alterations of freshwater wetlands and to restore the wetlands already altered without a permit. A penalty in the amount of $218,634.00 was assessed in the NOV, with $54,000.00 of this for the gravity of the violations and $164,634.00 representing economic benefit for noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. Three (3) enforcement cases involving the Respondent or his companies including one involving the subject property have already been heard at AAD and decisions are pending. Prior to September 2002, the Respondent removed all the solid waste from the subject property and properly disposed of the waste. For settlement purposes of this case, the OC&I agreed that the Respondent eliminated its economic benefit in this matter by removing the waste and properly disposing of the waste. The OC&I agreed to eliminate the penalty assessed for disposal of the waste but retained the penalty for operating an unlicensed solid waste management facility. The Respondent agreed to pay all penalties in full involving the alleged wetland alterations and agreed to restore the wetlands prior to November 15, 2003. The parties agreed to a settlement penalty in the amount of $29,000.00. The penalty is to be paid within 90 days of the execution of the Consent Agreement.



September 8, 2003 - OC&I/Solid Waste File No. 02-015 re: Douglas H. Farrar III for property located on Farrar Lane, Assessor's Plat 46, Lot 151 in the Town of Smithfield. On July 8, 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act by disposing and storing approximately 36 cubic yards of mixed solid waste on the property. The waste consisted of unregistered vehicles, tree and wood waste, scrap metal, demolition debris, leaf waste, used tires and a used fuel tank. On 28 June 1996, the RIDEM issued a Letter of Deficiency advising the owner of the alleged violation and requiring a plan of removal. The owner responded with a plan of removal and advised RIDEM that all waste would be removed from the property by September 1996. Despite follow-up inspections and discussions with the owner, solid waste remained on the property. In the NOV, the OC&I ordered removal of all of the waste and assessed a penalty in the amount of $2,500.00. The Respondent filed an appeal of the NOV with the AAD. A hearing on the enforcement action took place on June 23, 2003. The AAD rendered a decision on September 4, 2003 in favor of the OC&I. The decision was entered as a final order of the Director on September 8, 2003. The Director's final order requires the Respondent to complete the removal of all waste from the property and dispose of the waste at a licensed solid waste management facility within 90 days of the final agency order. The Respondent is required to document disposal and to pay an administrative penalty in the amount of $2,500.00. The Respondent has 30 days from the final agency order to pay the penalty.



September 10, 2003 - OC&I/Septic System File No. CI93-609 re: William A. Dunn for property located at 453 Water Street, Assessor's Plat 31, Lot 34A in the Town of Portsmouth. The property includes a commercial building. On April 20, 1994 RIDEM issued an NOV to the Respondent alleging a 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 pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for the building. In the NOV the Respondent was ordered to cease the discharge of sewage to the surface of the ground and repair the failed system. RIDEM assessed a penalty of $4,000.00. The Respondent did not file an appeal of the NOV with the AAD. The Respondent repaired the failed septic system, which was conformed by RIDEM on July 22, 1994. The Respondent failed to pay the penalty. OC&I retained a private collection agency to collect the unpaid penalty, and the full penalty of $4,000.00 was paid on August 6, 2003.



September 17, 2003 - OC&I/Solid Waste File No. 02-013 re: Coastal Atlantic LLC for property located at 40 Mill Road, Assessor's Plat 12, Lot 70 in the Town of Foster. On 31 May 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act and Vehicle Tire Storage and Recycling Act. The violations pertained to Respondent's storage of more than three cubic yards of solid waste and more than 400 tires on the subject property without obtaining the required license or approval from the RIDEM. The OC&I ordered removal of all tires in excess of the allowable limit and assessed a penalty in the amount of $3,500.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. OC&I confirmed that the Respondent had already removed all used tires in excess of 400 and was in compliance with the Vehicle Tire Storage and Recycling Act. The Respondent agreed to pay a penalty in the amount of $1,000.00. The penalty was submitted with the executed Consent Agreement.



September 22, 2003 - OC&I/Medical Waste File No. 03-017 re: Warwick Medical Walk-In Room, Inc. for property located at 1131 Warwick Avenue in the City of Warwick. On 21 March 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island General Law Section 23-19.12-12 and Section 16.00 of the Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island. The violations pertained to Respondent's failure to renew its registration as a Regulated Medical Waste Generator in Rhode Island for the years 2000, 2001 and 2002 and to pay annual registration fees for those years. The Respondent was advised that it failed to renew its registration in a Letter of Noncompliance ("LNC") issued by RIDEM on 26 December 2000. Despite the issuance of the LNC, the Respondent continued to generate medical waste without renewing its required registration and paying its required registration fees. In the NOV OC&I ordered the Respondent to immediately cease the generation of medical waste in Rhode Island until such time that it obtains registration as required by law and regulation. The Respondent was also ordered to pay all annual registration fees for the years 2000, 2001 and 2002. The OC&I assessed a penalty of $3,750.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent properly registered as a Regulated Medical Waste Generator and paid all past registration fees owed. The Respondent agreed to a penalty in the amount of $2,500.00 that was paid upon execution of the Consent Agreement.



September 25, 2003 - OC&I/UST File No. 00070 re: Clarke Cooke, Inc. d/b/a Bannister's Wharf Co. for property located at Bannister's Wharf, Assessor's Plat 24, Lot 358 in the City of Newport. On 28 March 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent was in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the Respondent's failure to meet annual testing requirements for line leak detectors, conduct monthly and annual testing of UST continuous monitoring systems, maintain monthly and annual test records for the continuous monitoring systems and failure to meet inventory record keeping requirements. On 9 August 2002, OC&I issued a Letter of Non-Compliance ("LNC") to the Respondent. The LNC informed the Respondent of the alleged violations and provided a compliance schedule to be met. Despite receipt of the LNC, the Respondent failed to bring the facility into compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondent to comply with the UST Regulations and assessed a penalty in the amount of $9,440.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent provided OC&I with some of the records required by the NOV but could not produce all records. The Respondent agreed to pay a penalty in the amount of $4,643.00. The penalty was paid upon execution of the Consent Agreement.



September 29, 2003 - OC&I/Septic System File No. IS88-4 re: Richard Pelletier for property located at 303 Pulaski Street, Assessor's Plat 5, Lots 285 and 286 in the Town of Coventry. The property includes a multi-family (2 unit) dwelling. On February 23, 1988 RIDEM issued a NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwelling. In the NOV RIDEM ordered the Respondent to cease the discharge of sewage to the surface of the ground and repair the septic system. No administrative penalty was assessed in the NOV. The Respondent did not file an appeal of the NOV. In lieu of proceeding to Superior Court to enforce the order, the OC&I referred the case to mediation. Following mediation of the case, the Respondent repaired the septic system, which was conformed by RIDEM on June 24, 2003.



September 29, 2003 - OC&I/Septic System File No. IS91-34 re: Diane Masterson for property located at 657 Fish Hill Road, Assessor's Plat 42, Lot 128 in the Town of Coventry. The property includes a single-family dwelling. On April 16, 1991 RIDEM issued an NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwelling. In the NOV RIDEM ordered the Respondent to cease the discharge of sewage and repair the septic system. No administrative penalty was assessed in the NOV. The Respondent did not file an appeal of the NOV. The property was transferred to a new owner who repaired the septic system, which was conformed by RIDEM on July 22, 2003.

 

Superior Court Actions Issued:

None filed this month.

 

Superior Court Actions Settled or Resolved:

None filed this month.