September 2005 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 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 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 6, 2005 - OC&I/Freshwater Wetlands File No. C03-0288 re: Manuel and Barbara Simas for property located approximately 800 feet south of Snake Hill Road, approximately 1,600 feet southeast of the intersection of Snake Hill Road and Stone Dam Road, Assessor's Plat 12, Lot 92, in the Town of Glocester. Manuel and Barbara Simas own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, grading and creating soil disturbance within a 50 foot Perimeter Wetland. These activities have resulted in the unauthorized alteration of approximately 30,000 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on December 24, 2003 requiring restoration of the altered wetlands on the property. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00.

September 13, 2005 - OC&I/AIR File No. 05-05 re: United Painting Company, Inc. for property located at 39 Matteson Avenue in the Town of West Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulations specifically APC Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertain to Respondent's improper removal of lead based paint from a single-family residence on the property. In the NOV, the OC&I alleges that the Respondent failed to properly notify abutting property owners/residents prior to the removal of lead paint from the structure on the property; failed to properly install impenetrable material on the ground at the lead paint removal worksite to keep any and all spent abrasive, paint, particulate, dust and other debris from being deposited on the ground; failed to close and securely seal all doors and windows on the walls to be machine sanded; and failed to employ the use of a high energy particulate air filter ("HEPA") when operating power sanders to remove lead based paint at the property. The OC&I had issued two prior Letters of Noncompliance to the Respondent for noncompliant exterior lead paint removal projects at two separate properties and had provided Respondent a copy of the APC Regulations pertaining to exterior lead based paint removal. In the NOV, the OC&I ordered the Respondent to achieve compliance with APC Regulation No. 24 and assessed a penalty in the amount of $6,500.00. The Respondent has filed an appeal of the NOV with the AAD.

September 14, 2005 - OC&I/Medical Waste File No. 05 - 01 re: The Humane Association of Northwestern Rhode Island, Inc. The Respondent is registered with the Rhode Island Office of the Secretary of State for the purpose of sheltering and adoption of homeless animals and operates an animal spay/neuter program, otherwise known as "SNYPP" at 172 Main Street in the Town of Burrillville. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island ("the Medical Waste Rules"). On November 23, 2004 the OC&I responded to a complaint from the Burrillville Police regarding a garbage bag containing medical waste located on State highway Route 100 also known as Wallam Lake Road. At the time of the response, the OC&I examined the contents of an unmarked green garbage bag on the side of the road and found, among other items, used needles and syringes, bloody gauze and paper towels, and vials of vaccine. The OC&I investigated the matter further and found that the medical waste was generated at SYNPP. The violations identified in the NOV pertain to Respondent's failure to properly package regulated medical waste and sharps; failure to properly label and mark regulated medical waste for off-site transport; and failure to properly transport and track medical waste. A penalty in the amount of $3,000.00 was assessed in the NOV for Respondent's failure to comply with the Medical Waste Rules.

September 20, 2005 - OC&I/Freshwater Wetlands File No. C04-0396 re: Arcelino Cabral for property located approximately 150 feet east of the terminus of Sousa Street, adjacent to house number 21, approximately 200 feet northeast of the intersection of Sousa Street and Maytum Avenue, Assessor's Plat 139, Lot 3 in the Town of Bristol. Arcelino Cabral owns the property. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling (in the form of at least wood chips, soil material and assorted organic debris), creating soil disturbance, and ditching within a Swamp. These activities have resulted in the unauthorized alteration of approximately 49,500 square feet of freshwater wetland. In the NOV the Respondent was ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00.

September 20, 2005 - OC&I/Freshwater Wetlands File No. C99-0273 re: Marc A. McGiveney and Debra B. Harbin for property located approximately 150 feet east of Gardner Road, adjacent to house number 221, approximately 2,600 feet north of the intersection of Gardner Road and James Trail, Assessor's Plat 1-3, Lot 4, in the Town of South Kingstown. Marc McGiveney and Debra Harbin own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling and creating soil disturbance within a 50 foot Perimeter Wetland. These activities have resulted in the unauthorized alteration of approximately 4,500 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on November 29, 1999 requiring restoration of the altered wetlands on the property. A reinspection of the property in April 2005 revealed that the Respondents failed to comply with the NOI and undertook further wetland alterations. The additional wetland alterations pertained to clearing within a 50 foot Perimeter Wetland and clearing, filling and creating soil disturbance within Swamp. These activities have resulted in the additional unauthorized alteration of approximately 7,600 square feet of freshwater wetland. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $2,000.00.

September 20, 2005 - OC&I/Freshwater Wetlands File No. C03-0267 re: David R. and Anne B. Ringland for property located immediately northeast of Stillwater Road, at utility pole 43, approximately 600 feet northwest of the intersection of Stillwater Road and Meadow View Drive, Assessor's Plat 46, Lot 101, in the Town of Smithfield. David and Anne Ringland own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling and constructing a garage and driveway within a 200 foot Riverbank Wetland associated with Harris Brook. These activities have resulted in the unauthorized alteration of approximately 11,000 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on December 2, 2003 requiring restoration of the altered wetlands on the property. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $750.00.

September 20, 2005 - OC&I/Freshwater Wetlands File No. C04-0118 re: Lawrence Moulton and Maryann Moulton for property located immediately south of Major Potter Road, approximately 700 feet southwest of the intersection of Major Potter Road and Greenbrush Road, opposite utility pole 35, Assessor's Plat 225, Lot 9 in the City of Warwick. Lawrence and Maryann Moulton own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act, RIDEM's Freshwater Wetland Regulations and the Refuse Disposal Act. The violations pertain to filling (in the form of soil, concrete/asphalt rubble, woodchips, slash, landscape debris, and other material) and installing a culvert in Forested Wetland; filling (in the form of soil, concrete/asphalt rubble, woodchips, slash, landscape debris, and other material) within an Area Subject to Storm Flowage; filling (in the form of soil, concrete/asphalt rubble, woodchips, slash, and other material), excavating, grading, clearing, installing a culvert and creating soil disturbance within a 100 foot Riverbank Wetland; and filling (in the form of soil, concrete/asphalt rubble, woodchips, slash, rocks, vehicles, retaining walls/dam and other material) within a separate 100 foot Riverbank Wetland. These activities have resulted in the unauthorized alteration of approximately 41,500 square feet of freshwater wetlands. The wood chips, tree waste, and landscape debris is considered solid waste. The total estimated volume of solid waste is 15,000 cubic yards. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondents on July 9, 2004 requiring restoration of the altered wetlands and removal of all solid waste on the property. Inspections by OC&I in August, September, and December 2004 revealed that some of the wetland area was restored and some solid waste was removed; however OC&I documented additional freshwater wetland and solid waste violations on another portion of the Respondents' property. In the NOV the Respondents were ordered to restore the altered wetlands and remove all solid waste from the property. OC&I assessed a penalty in the amount of $5,500.00.

September 20, 2005 - OC&I/ UST File No. 05-03067 re: The R. J. Carbone Co. for property located at One Goddard Drive, Assessor's Plat 13, Lot 69 in the City of Cranston. 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 Respondent is the owner/operator of 2 USTs at the property consisting of a 5,000-gallon gasoline UST and a 5,000-gallon diesel UST. On May 20, 2004, the OC&I conducted a compliance monitoring inspection of the facility and found that the Respondent was in non-compliance with the UST Regulations. The violations pertain to Respondent's failure to procure the services of a qualified cathodic protection tester to perform testing of the sacrificial anode cathodic protection systems for its USTs during the years 1996 and 2002, failure to maintain inventory control records for its USTs from March 2002 through March 2005, failure to perform tightness testing of the product piping lines for the USTs during each of the years 1995, 1998, 2001, 2003 and 2004, failure to perform monthly testing of its continuous monitoring system ("CMS") and automatic tank gauging system ("ATG") from March 2002 through March 2005, failure to procure the services of a qualified person to perform annual testing of the CMS during the years 1995 through 2004, and failure to maintain the spill containment basins free of solid debris. In the NOV, the Respondent was ordered to achieve compliance with the UST Regulations. A penalty in the amount of $18,174.00 was assessed against the Respondent for the alleged violations.

September 22, 2005 - OC&I/ Site Remediation File No. 05 - 02 re: Harold R. Smith and Westcott Trust for property located at 17 Oak Street, Assessor's Plat 25, Lot 66B in the Town of Smithfield. The property is the site of the former Providence Barrel Co. The property has a known history of contamination and RIDEM has a history of attempts to resolve the full extent of contamination at the property. Respondent Harold R. Smith was the owner of the property from July 24, 1995 until January 1997. Respondent Westcott Trust took title of the property in January 1997 and remains the current owner of the property. The RIDEM issued Letters of Responsibility ("LOR") to the Respondents regarding the alleged violations on December 3, 2001 and again on October 20, 2003. The RIDEM issued a Notice of Intent to Enforce ("NOIE") to the Respondents on April 21, 2004. The Respondents failed to voluntarily comply with the LORs and the NOIE. The OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, Hazardous Waste Management Act, RIDEM's Rules and Regulations for Groundwater Quality, and RIDEM's Site Remediation Regulations. The violations pertain to the unpermitted discharge of pollutants to (ground) waters of the State, the unpermitted disposal of hazardous waste, the release of hazardous materials to the land or waters of the State, Respondents' failure to investigate and remediate a release of hazardous materials, Respondents' failure to comply with site investigation requirements and Respondents' failure to comply with remedial action requirements. In the NOV, the Respondents were ordered to provide immediate access to the property fro RIDEM representatives to conduct further field investigation activities and to submit a Site Investigation Report that includes proposed remedial alternatives to comply with RIDEM's Site Remediation Regulations. A penalty in the amount of $30,000.00 was assessed against the Respondents for the alleged violations.

September 23, 2005 - OC&I/Septic System File No. CI03-159 re: Carol K. Beckwith for property located at 34 Rosebriar Avenue, Assessor's Plat 96-1, Lot 59, in the Town of South Kingstown. The property is owned by Carol Beckwith, and includes a single family home. OC&I alleges that the Respondent is in violation of RIDEM's 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 use of the septic system at the property without a Certificate of Conformance (COC) issued by RIDEM. A COC is issued by RIDEM for a septic system that has been constructed in accordance with an application approved by RIDEM. An application was approved by RIDEM on August 30, 2001 for a repair to the septic system. The approved application required the construction of a fixed activated sludge treatment ("FAST") system and a bottomless sand filter ("BSF"). The FAST system has two major components that allow the septic system to properly treat the sewage waste, which are the FAST unit and the blower unit that provides air to the FAST unit. The septic system was constructed and put into use by the Respondent; however, the FAST unit and blower unit were not installed and no COC was issued by RIDEM. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on October 29, 2003. In the NOI the Respondent was advised that using the septic system was in violation of the ISDS regulations because a COC had not been issued and that OC&I had issued separate NOIs to the designer and installer requiring that the septic system construction be completed in accordance with the plans approved by RIDEM. In March 2004 OC&I received a letter from the installer stating that he would complete the necessary work to the septic system. In April 2004 OC&I issued an NOI to the Respondent requiring that the septic system work be completed prior to May 15, 2004 and that failure to comply would result in the issuance of an NOV for the continued use of a non-conformed septic system. To date, the work to the septic system has not been completed and no COC has been issued by RIDEM. An inspection by OC&I in July 2005 revealed that the septic system was still in use by the Respondent. In the NOV the Respondent was ordered to immediately cease any further use of the septic system until such time that RIDEM has issued the COC and ordered Respondent to retain a licensed designer to inspect the septic system and complete all necessary work to the system to allow RIDEM to issue a COC. OC&I assessed a penalty in the amount of $1,000.00.

September 23, 2005 - OC&I/Septic System File No. CI03-195 re: John Flynn; ISDS Installer License No. L0268 for an individual sewage disposal system (ISDS) installation prepared and/or overseen as a licensed ISDS installer. 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 34 Rosebriar Avenue, Assessor's Plat 96-1, Lot 59, in the Town of South Kingstown. The property is owned by Carol Beckwith and includes a single family home. An application was approved by RIDEM on August 30, 2001 for a repair to the septic system. The approved application required the construction of a fixed activated sludge treatment ("FAST") system and a bottomless sand filter ("BSF"). The FAST system has two major components that allow the ISDS to properly treat the sewage waste, which are the FAST unit and the blower unit that provides air to the FAST unit. The septic system was constructed by the Respondent and put into use by the property owner; however, the Respondent did not install the FAST unit and blower unit and no Certificate of Conformance (COC) was issued by RIDEM. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on October 29, 2003. In the NOI the Respondent was advised that the septic system was not constructed in conformance with the approved plans and required that all work on the septic system be completed within 30 days. In March 2004 OC&I received a letter from the Respondent stating that he would complete the necessary work to the septic system. In April 2004 OC&I sent a letter to the Respondent stating that no further action would be taken by RIDEM provided that the septic system work was completed and conformed by RIDEM prior to May 15, 2004. To date, the work to the septic system has not been completed and no COC has been issued. In the NOV, OC&I ordered that the Respondent's Installer's license be suspended for one (1) year. OC&I assessed a penalty in the amount of $1,000.00.

September 26, 2005 - OC&I/UST File No. 05-00996 re: Cumberland Farms, Inc. and OHM, LLC for property located at 225 Willett Avenue, Assessor's Map 411, Block 14, Parcel One in the City of East Providence. The Respondents are the owners and/or operators of three separate 8,000-gallon gasoline USTs that are operated on the property. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to upgrade bare steel se4ctions of the product piping lines for their USTs to meet the corrosion protection requirements, failure to compile inventory control records from April 2002 through April 2005, failure to perform tightness testing of the product piping during the years 1995, 1996, 1998 and 1999, failure to perform annual functionality testing of the line leak detectors for the years 1995, 1996, 1998 and 1999, failure to provide for overfill protection for the USTs and failure to label and secure the tank pad observation wells from tampering or water intrusion. In the NOV, the Respondents are ordered to achieve compliance with the UST Regulations and a penalty in the amount of $19,606.00 is assessed against the Respondents for their noncompliance.

September 30, 2005 - OC&I/UST File No. 05-02256 re: Contractors Supply, Inc. and Grace E. Murphy, Trust for property located at 3340 Pawtucket Avenue, Assessor's Map 310, Block 5, Parcel in the City of East Providence. Respondent Grace E. Murphy trust is the owner of the property. Respondent Contractors Supply, Inc. is the operator of a 10,000-gallon UST on the property. The UST is registered with the RIDEM to contain gasoline but OC&I found that the UST contains diesel fuel. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to the Respondents' failure to notify RIDEM of the change in use of the UST, failure to utilize the automatic tank gauging system ("ATG") to perform required leak detection tests on a monthly basis from May 2002 through May 2005, failure to compile inventory control records from May 2002 through May 2005, failure to perform tightness testing of the product piping during the years 1995, 1998, 2000 through 2003, failure to maintain the ATG in an operable condition and failure to report the deactivation of the ATG to the RIDEM, failure to perform monthly testing of the ATG from May 2002 through May 2005, failure to perform annual certification/testing of the ATG during the years 1995 through 2004, failure to maintain the spill containment basin for the UST free of liquids, failure to label the fill port to identify the material stored in the UST and failure to retrofit the tank pad observation well to meet the construction requirements of the UST Regulations. In the NOV, the Respondents were ordered to achieve compliance with the UST Regulations. A penalty in the amount of $13,292.00 was assessed for the noncompliance.

September 30, 2005 - OC&I/Septic System File No. CI96-221 re: Exxon Mobil Oil Corporation for property located at 3079 Tower Hill Road, Assessor's Plat 18-3, Lot 20, in the Town of South Kingstown. The property is owned by Exxon Mobil Oil Corporation and includes a gasoline fueling station and a convenience store. OC&I alleges that the Respondent is in violation of RIDEM's ISDS Regulations. The violation pertains to a failed septic system at the property. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on May 30, 2003. In the NOI the Respondent was required to pump the septic system as necessary to prevent the system from overflowing and repair the failed system. The Respondent failed to comply with the NOI. In the NOV the Respondent was ordered to immediately take steps to reduce the discharge of sewage to the septic system, pump the septic system as needed to prevent overflows, and submit a written proposal for a permanent solution to the violation which must include an inspection by a licensed designer to determine the cause of the failure and submittal of an application to repair the system, if necessary. OC&I assessed a penalty in the amount of $1,000.00.

Formal Enforcement Cases Settled or Resolved:

September 1, 2005 - OC&I/UST File No. 04-03036 re: Robert A. Joly and Catherine A. Joly for Diamond Hill Valero located at 1410 Diamond Hill road, Assessor's Plat 16, Lot 570 in the Town of Cumberland. On April 27, 2004 the OC&I issued a NOV to the Respondents alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to pay annual UST registration fees and fees for late payment, failure to meet inventory record keeping requirements for UST systems, failure to conduct tank tightness testing, line tightness testing, annual testing of line leak detectors, monthly and annual testing of the continuous monitoring system, failure to maintain spill containment basins, failure to label UST fill ports, failure to meet tank pad observation well construction requirements and failure to meet record keeping requirements associated with testing of UST systems. The Respondents were previously advised of noncompliance with the UST Regulations in a letter issued by the RIDEM on September 19, 2000. A follow up inspection on February 27, 2004 revealed continued non-compliance with the UST Regulations. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations including the submission of all required documents to show compliance. OC&I assessed a penalty in the amount of $31,378.00. 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 were able to provide to OC&I some past records to show that the facility was in compliance with some of the alleged violations cited in the NOV. The Respondents had several leaseholder operators running the facility and could not readily obtain the documents when previously required. The OC&I agreed to reduce the penalty assessed in the NOV to $12,000.00. Based on Respondent's ability to pay, the Respondents were allowed to pay $600.00 upon execution of the Consent Agreement with the remaining $11,400.00 to be paid in monthly installments over the next 24 months.

September 6, 2005 - OC&I/RCRA File No. 04-073 re: Manuel Cruz d/b/a Jack's Auto Body for property located at 100 Bay Street, Assessor's Plat No. 8, Lot No. 15A in the Town of Tiverton. The OC&I issued an NOV to the Respondent on February 22, 2005 alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"). The violations pertained to the Respondent's failure to properly mark a container of hazardous waste with the date upon which the waste first began to accumulate and failure to characterize all waste generated at the facility as to whether the waste is hazardous. On July 15, 2004 the OC&I issued a LNC to the Respondent requiring the Respondent to comply with the Hazardous Waste Regulations. As of the date of the NOV, the Respondent failed to comply with OC&I's LNC and remained in noncompliance with the Hazardous Waste Regulations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations within a specified time period and assessed a penalty in the amount of $2,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, RIDEM's Office of Legal Services negotiated a settlement of the enforcement action with the Respondent. The Respondent was able to show that he had characterized the waste generated at the facility as hazardous and removed all hazardous waste for proper disposal. The parties agreed to a reduced penalty in the amount of $850.00. The Respondent agreed to pay $450.00 upon execution of the Consent Agreement with the remaining $400.00 to be paid on or before October 1, 2005.

September 7, 2005 - OC&I/Wetlands File No. C02-0235 re: James Colucci for property located at 87 Iroquois Trail, approximately 400 feet southwest of the intersection of Iroquois Trail and Arrowhead Trail, Assessors Plat 18, Lot 308 in the Town of Glocester. On July 31, 2003 OC&I issued an NOV alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetlands Regulations. The violations pertained to clearing, excavating, filling, and constructing a driveway within a Forested Wetland; excavating within a second Forested Wetland; clearing and installing a drain within an Emergent Plant Community; and filling and creating soil disturbance within an Area Subject to Storm Flowage. These activities resulted in the unauthorized alteration of approximately 25,200 square feet of wetlands. The Respondent did not have a permit to alter the freshwater wetlands on the property. In the NOV OC&I ordered the restoration of the unauthorized altered wetlands. OC&I assessed a penalty in the amount of $3,000.00. The Respondent filed an appeal of the NOV with AAD. In lieu of proceeding to an administrative adjudicatory hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. OC&I allowed the Respondent to maintain the driveway and the Respondent agreed to restore the remaining altered wetlands before October 1, 2005 and pay a reduced penalty of $1,600 and a review fee of $969.84. The review fee represents the application fee that would have been incurred by the Respondent in filing an application for the driveway with the DEM Wetland Permitting Office. The Respondent upon execution of the Consent Agreement paid the penalty and review fee.

September 9, 2005 - OC&I/Freshwater Wetlands File No. C04-0030 re: Stephen and Gail Tolias for property located approximately 130 feet north of Spring Grove Road, adjacent to house number 211, and approximately 170 feet north of the intersection of Spring Grove Road and Glen Drive at utility pole No 30, Assessor's Plat 13, Lot 156, in the Town of Glocester. On February 17, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing of freshwater wetlands beyond the approved limits authorized in a permit that was issued by DEM to the previous owner of the property on June 23, 2000. The activities resulted in the unauthorized alteration of approximately 22,400 square feet of Riverbank Wetland. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00. The Respondents filed an appeal of the NOV with AAD. In lieu of proceeding to an administrative adjudicatory hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the altered wetlands by replanting the cleared areas and allow the restored areas to revert to a natural wild condition. OC&I and the Respondents agreed to a reduced penalty of $750.00. The Respondents upon execution of the Consent Agreement paid the penalty.

September 12, 2005 - OC&I/Septic System File No. CI94-378 re: Mary B. Law of 10 Knight Street, Assessor's Plat 63, Lot 127 in the Town of Coventry. On July 12, 2001 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's 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 laundry waste on the ground. In the NOV OC&I ordered the Respondent to immediately cease and desist the discharge of laundry waste and to submit a repair application to correct the laundry waste discharge. OC&I assessed a penalty in the amount of $2,400.00. The Respondent failed to file an appeal of the NOV with AAD. The Respondent installed a new septic system on the property that was conformed by DEM in June 2003 and connected the laundry waste to the septic system. The Respondent paid the full administrative penalty of $2,400.00.

September 15, 2005 - OC&I/Freshwater Wetlands File No. C02-0253 and C02-0238 re: Elaine Enterprises, Inc. and Lawrence A. Catone for property located immediately north of Division Road, adjacent to house number 2195, approximately 900 feet northwest of the intersection of Division Road and Shippeetown Road, Assessor's Plat 13, Lot 62 in the Town of East Greenwich. On February 10, 2004 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to constructing a portion of a house (with associated clearing and filling) and installing and maintaining a lawn within freshwater wetlands on the property. This activity resulted in the unauthorized alteration of approximately 21,900 square feet of 100-Foot Riverbank Wetland and 50 foot Perimeter Wetland, portions of which were also within 100 year Flood Plain. The work that occurred on the property was not conducted in conformance with an Insignificant Alteration Permit issued by RIDEM on July 29, 1998 to Marjorie Lawrence. The Permit authorized the alteration of freshwater wetlands associated with the construction of a single-family dwelling. Respondent Elaine Enterprises, Inc. purchased the property on March 10, 2000 from Marjorie Lawrence. On March 15, 2000 Respondent Elaine Enterprises Inc. submitted a letter to DEM indicating that they were going to begin construction on the property. The property was transferred to Lawrence Catone on June 19, 2000 (the current owner). In the NOV the Respondents were ordered either to fully restore all altered wetlands (removing the house, all associated fill and replanting) or to submit a restoration plan that would allow the house and an area immediately adjacent to the house to remain. OC&I assessed a penalty in the amount of $1,000. The Respondents failed to file an appeal of the NOV with AAD. The Respondents submitted a restoration plan to OC&I that allowed the house and the area immediately adjacent to the house to remain in an altered condition. The Respondents restored the remaining portion of the altered wetlands in accordance with the NOV and paid the full administrative penalty of $1,000.00.

September 15, 2005 - OC&I/RCRA File No. 04-081 re: Ceimic Corporation for property located at 10 Dean Knauss Drive, Assessor's Plat N-D, lot 5-3, in the Town of Narragansett. The OC&I issued a NOV to the Respondent on December 30, 2004 alleging that the Respondent violated the Rules and Regulations for Hazardous Waste Management and the applicable Code of Federal Regulations enforced by RIDEM pertaining to Hazardous Waste. The violations pertained to Respondent's failure to determine if all wastes generated at the facility meet the definition of a hazardous waste, failure to properly label all satellite containers holding hazardous waste, failure to keep all satellite containers of hazardous waste closed except when adding or removing waste, failure to label all containers of hazardous waste in 90-day storage, failure to provide adequate aisle space at the facility's 90-day storage area, failure to provide annual training to company employees who handle hazardous waste and to maintain records of training sessions and failure to ensure that hazardous waste manifests are forwarded to the proper destination and/or generator's state. The OC&I ordered the Respondent to achieve compliance with the Regulations and assessed a penalty in the amount of $17,600.00. 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 documented its current compliance with the Hazardous Waste Regulations and agreed to pay a penalty in the amount of $10,250.00 for its past noncompliance. The penalty agreed upon in the Consent Agreement has been paid in full.

September 22, 2005 - OC&I/RCRA File No. 04-041 re: Arlington Auto Body, Inc. for property located at 1211 Cranston Street, Assessor's Plat No. 7, Lot No. 3666 in the City of Cranston. The OC&I issued a NOV to the Respondent on February 22, 2005 alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"). The violations pertained to the Respondent's failure to properly label a container of hazardous waste, failure to characterize all waste generated at the facility as to whether the waste is hazardous and failure to file with the RIDEM a list of those agents authorized to sign the uniform hazardous waste manifest on behalf of the company. On April 5, 2004, the OC&I issued a LNC to the Respondent advising the Respondent of its obligations to comply with the Hazardous Waste Regulations and to verify compliance with the OC&I. The Respondent failed to respond to OC&I's LNC. In the NOV, OC&I ordered the Respondent to comply with the Hazardous Waste Regulations and assessed a penalty in the amount of $2,500.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and RIDEM's Office of Legal Services negotiated a settlement of the enforcement action. The Respondent was confirmed to be in compliance with the Hazardous Waste Regulations. The Respondent agreed to pay a penalty in the amount of $1,250.00. The Respondent paid the agreed upon penalty upon execution of a Consent Agreement with the OC&I.

September 22, 2005 - OC&I/UST File No. 04-REGAL re: Regal Auto Body & Radiator Works, Inc., Kenneth J. Topalian, Kacheg Topalian and Arpine Topalian for property located at 370 Pawtucket Avenue, Assessor's Plat 64B, Lot 852, in the City of Pawtucket. The OC&I issued a NOV to the Respondents on January 10, 2005 alleging that Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondents have a UST on the property for the storage of used motor oil. The violations pertained to Respondents' failure to register the UST with the RIDEM, failure to install an automatic tank gauging system, failure to maintain inventory control records, failure to test the tightness of the UST including the failure to submit and maintain the test records, failure to equip the UST with a spill containment basin and failure to label the fill port for the UST. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations or remove the UST with 90 days. A penalty in the amount of $27,863.00 was assessed in the NOV. 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 were able to show the OC&I that the UST in question was only 275 gallons in size, was being used for the purpose of temporarily storing used motor oil and was installed underground beneath the operating auto body shop on the property. The Respondents agreed to permanently close the UST in compliance with the UST Regulations. The parties agreed to a reduced penalty in the amount of $5,000.00.

September 22, 2005 - OC&I/ Water Pollution File No. 05-06 re: Smithfield Sewer Authority (SSA) and Veolia Water North American Operating Services, Inc (Veolia). SSA is the owner of the Smithfield Wastewater Treatment Facility (the Facility) and Veolia operates the Facility on behalf of SSA. On February 23, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertained to the discharge of pollutants in October 2003 (in the form of total suspended solids, carbonaceous biochemical oxygen and, and total ammonia) from the Facility to the Woonosquatucket River in concentrations that exceeded the limits in SSA's wastewater discharge permit and the failure to immediately report the violations to RIDEM. The permit requires SSA to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The permit also requires SSA to immediately report to RIDEM violations of the daily maximum limits. Veolia submitted a letter to RIDEM on behalf of SSA on November 15, 2003 enclosing the DMR Forms. In the letter Veolia identified the violations that had occurred and stated that the cause of the violations was operator error. During the transfer of wastewater sludge to a tanker truck the operator failed to close a valve allowing sludge to enter a floor drain and discharge to the primary clarifiers. In the NOV OC&I assessed a penalty in the amount of $ 8,750.00. The Respondents filed an appeal of the NOV with AAD. In lieu of proceeding to an administrative adjudicatory hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a reduced penalty of $6,500. The penalty was paid upon execution of the Agreement.

September 29, 2005 - OC&I/UST File No. 05-01324 re: George E. Mullins, Jr. and Lillian C. Mullins for property located at 1341 Plainfield Street, Assessor's Plat 3, Lot 409 in the Town of Johnston. On April 21, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The Respondents are the owners and operators of a 3000-gallon gasoline UST and an 8,000-gallon gasoline UST on the property. The violations pertain to Respondents' failure to compile inventory control records of the USTs from November 2001 through November 2004, failure to perform monthly leak tests for the USTs from November 2001 through November 2004, failure to perform tank tightness testing on the 3000-gallon UST during the year 2002, failure to calibrate and maintain the Automatic Tank Gauging ("ATG") system, failure to perform monthly and annual testing of the ATG and the CMS, and failure to keep the piping collection sump for the 8000-gallon UST free of liquid. At the time of OC&I's inspection, a test report showed that the 3000-gallon UST failed a leak detection test. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $11,415.00. 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 documented that they were currently in compliance with the UST Regulations and agreed to pay a penalty in the amount of $7,000.00. The penalty was paid upon execution of the Consent Agreement.

September 29, 2005 - OC&I/UST File No. 04-019215 re: 1889 Plainfield Pike Realty and Midland Farms, Inc. for property located at 1889 Plainfield Pike, Assessor's Plat 29, Lots 9 and 10 in the Town of Johnston. On July 14, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to notify RIDEM of the installation of 2 USTs at the property and failure to obtain written approval for the installation of the USTs from the Director of RIDEM prior to the installation of the USTs. In the NOV, OC&I ordered the Respondents to complete the installation of the USTs in full compliance of the UST Regulations and assessed a penalty in the amount of $12,500.00. 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. At the time of the execution of the Consent Agreement, the Respondents had already partially complied with the order portion of the NOV. The Respondents agreed to achieve full compliance with the UST Regulations by certain dates specified in the Consent Agreement. The Respondents further agreed to pay a penalty in the amount of $6,250.00 with $2,250.00 to be paid upon execution of the Consent Agreement and the remaining $4,000.00 to be paid to RIDEM in 4 equal and consecutive monthly installments with final payment no later than December 31, 2005.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None filed this month.