September 2007 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 2007. 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 4, 2007 - OC&I/Freshwater Wetlands File No. C04-408 re: Rhonda Simpson for property located approximately 600 feet east of Knotty Oak Shores, adjacent to house number 12, approximately 1,100 feet southeast of the intersection of Knotty Oak Shores and Knotty Oak Road (Rt. 116) Assessor's Plats 94 and 95, Lots 29 and 2 respectively, in the Town of Coventry. Plat 94, Lot 29 is owned by the Respondent. Plat 95, Lot 2 is jointly owned by Robert and Alice Bennett (one-half interest) and Holiday Products (one-half interest). The OC&I alleges that the Respondent is in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, grubbing, grading, and filling (in the form of at least crushed stone, soil material, and assorted debris) within 50 Foot Perimeter Wetland. The violation has resulted in the alteration of approximately 15,000 square feet of Freshwater Wetland. On February 24, 2005 OC&I issued a Notice of Intent to Enforce ("NOIE") to the Respondent requiring restoration of the freshwater wetlands. On March 13, 2005 the Respondent indicated that she would comply with the requirements in the NOIE. On January 26, 2006 and June 5, 2006 OC&I performed re-inspections of the property and found that the Respondent had not complied. On July 14, 2006 OC&I issued a letter of non-compliance to the Respondent. The Respondent failed to respond to the letter. In the NOV, OC&I ordered the Respondent to restore all freshwater wetlands. OC&I assessed an administrative penalty of $900.00.

September 5, 2007 - OC&I/Air File No. 07-09 re: Murdock Webbing Company, Inc. for its facility located at 27 Foundry Street in the City of Central Falls. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulations. The violation pertains to Respondent's installation of a boiler rated at more than 5 million ("MM") Btu/hr capable of firing No. 6 oil or natural gas without first having filed for and then obtaining a minor source permit from RIDEM's Office of Air Resources ("OAR"). OAR's inspection of the facility in December 2006 revealed that the boiler installed at the facility is rated at 16.3 MMBtu/hr. The OAR issued a Notice of Alleged Violation to the Respondent on January 2, 2007 and the Respondent filed an application to install the boiler on January 4, 2007. The OAR issued an approval to the Respondent on March 23, 2007. In the NOV, the OC&I assessed an administrative penalty in the amount of $2,000.00 for Respondent's noncompliance.

September 7, 2007 - OC&I/Freshwater Wetlands File No. 2007 1074 FW; x-ref C07-102 re: Kinda Mustafa and Wyle S. Almulkie for property located immediately northwest of the intersection of Bates Trail and Carr's Pond Road, at utility pole number 1 and house number 2, Assessor's Plat 15G, Lot 180 in the Town of East Greenwich. The property was purchased by the Respondents on April 23, 2003. The OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling (in the form of soil material), creating soil disturbance, and installing a lawn within 100-Foot Riverbank Wetland, portions of which are also 50-Foot Perimeter Wetland and 100-Year Floodplain. The violation has resulted in the alteration of approximately 7,800 square feet of Freshwater Wetland. A significant portion of the unauthorized work was conducted in a freshwater wetland area restored by the Respondents in 2004 to comply with a previous citation. Respondent Almulkie informed OC&I that the reason he altered the wetland areas was because the Respondents were selling the property. On July 30, 2007 OC&I issued a Notice of Intent to Enforce ("NOIE") to the Respondents requiring restoration of the unauthorized alteration of the freshwater wetlands. The Respondents failed to comply with the NOIE. In the NOV, OC&I ordered the Respondents to restore all freshwater wetlands and assessed an administrative penalty of $10,000.00.

September 10, 2007- OC&I/Water Pollution File No. WP 07-63 re: Ocean State Mooring and Marine, Ltd. The Respondent is the owner of a tug boat that was moored at Wickford Marina in the Town of North Kingstown. The OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. On December 12, 2006 RIDEM Environmental Police Officers conducted an inspection at Wickford Marina. The inspection revealed that pollutants (in the form of oil) were discharged to Wickford Harbor. The discharge caused a sheen on the surface of the water consistent with oil that covered an area of approximately 300 feet by 200 feet. The RIDEM environmental police officers determined that the oil was discharging from Respondent's tug boat. The RIDEM environmental police officers spoke with Michael Miller, who identified himself as the owner of the tugboat. Mr. Miller immediately shut off the switch for the bilge pump. Mr. Miller stated that the switch sometimes does not return to the off position properly and has to be pushed in and checked to make sure it is in the off position. Mr. Miller took measures to stop additional oil from discharging into the harbor. In the NOV, OC&I assessed an administrative penalty of $2,500.00.

September 10, 2007 - OC&I/Air File No. 07 - 08 re: Riverpoint Lace Works, Inc. for its facility located at 825 Main Street in the Town of West Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control ("APC") Regulations. The violations pertain to Respondent's installation of two boilers rated at more than 5 million ("MM") Btu/hr capable of firing No. 6 oil or natural gas without first having filed for and then obtaining a minor source permit from RIDEM's Office of Air Resources ("OAR"). OAR's inspection of the facility in March 2006 revealed that the Respondent installed a 20.9 MMBtu/hr boiler during 2005 and was in the process of installing another boiler rated at 16.7 MMBtu/hr at the time of the inspection. The Respondent did not have approval from the OAR for either boiler, and the boiler installed in 2005 lacked a required operating and properly calibrated opacity monitor with an audio alarm. The Respondent did not have approval to operate the boiler installed in 2005. The OAR issued a Notice of Alleged Violation to the Respondent on October 26, 2006 citing the violations and requiring compliance. In the NOV, the OC&I ordered the Respondent to file construction permits for the two boilers and to install the required opacity monitor and audio alarm. A penalty in the amount of $7,339.00 was assessed for Respondent's noncompliance.

September 10, 2007- OC&I/Freshwater Wetlands File No. C06-296 re: Joseph L. Connors, Jr. for property located approximately 50 feet west of Crest Drive at house number 101, approximately 825 feet north of its intersection with Valerie Court, Assessor's Plat 29, Lot 83, in the City of Cranston. The property was purchased by the Respondent on April 5, 2002. OC&I alleges that the Respondent is in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to clearing, filling (in the form of at least soil material), and maintaining a lawn within a Swamp and 50-Foot Perimeter Wetland. The violation has resulted in the alteration of approximately 2,600 square feet of Swamp and 9,900 square feet of Perimeter Wetland. The unauthorized work was conducted in a freshwater wetland area restored by the Respondent in 2003 to comply with a previous citation. In the NOV, OC&I ordered the Respondent to restore all freshwater wetlands. OC&I assessed an administrative penalty of $2,000.00.

September 11, 2007 - OC&I/Solid Waste File No. 07 - 009 re: Michael A. and Michelle L. Beach for property located at 292 Austin Farm Road, Assessor's Plat 6, block 2, Lot 1 in the Town of Exeter. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act. The violation pertains to Respondents' disposal of solid waste on the property. On April 26, 2006 the OC&I observed approximately 1,257 cubic yards of solid waste on the property consisting of tree waste, scrap metal, construction and demolition debris, tires and an abandoned damaged house trailer. The OC&I issued a Letter of Noncompliance ("LNC") to the Respondents on May 17, 2006 requiring the Respondents to remove the waste within 90 days and dispose of the waste at a licensed solid waste management facility. An inspection of the property on December 21, 2006 revealed that 1,142 cubic yards of solid waste still remained. Respondent Michael Beach was subsequently contacted in March 2007 at which time Respondent Michael Beach informed the OC&I that he did not intend to comply with the LNC. In the NOV, the OC&I ordered compliance by the Respondents and assessed a penalty in the amount of $3,500.00 for Respondents' noncompliance.

September 11, 2007- OC&I/Septic System File No. 2007 1072 IS x-ref CI 06-208 re: Gina Pitrone for property located at 81 Hopkins Avenue, Assessor's Plat 59, Lot 251 in the Town of Johnston. The property is assessed as a two-bedroom single family dwelling and is owned by the Respondent. The 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. The violation pertains to the overflow of sewage to the surface of the ground. On January 25, 2007, OC&I conducted an inspection of the property and found that sanitary sewage was and/or had been discharged to the surface of the ground from the individual sewage disposal system (ISDS) for the dwelling. The OC&I inspector issued a "Field Inspection Report" and "Required Actions Summary Sheet" (collectively, a "Notice of Intent to Enforce" or "NOI") to the Respondent. The NOI required the Respondent to reduce the discharge of sewage to the ISDS through the use of water conservation devices, arrange to have the ISDS pumped by a licensed septage hauler as needed to prevent overflows, have the ISDS inspected to determine the cause of the failure, and repair the ISDS, if necessary. The Respondent submitted a repair application to RIDEM for the ISDS, which was approved on March 23, 2007. To date, the Respondent has failed to repair the ISDS. In the NOV, OC&I ordered the Respondent to repair the failed ISDS and assessed an administrative penalty of $600.00.

September 14, 2007 - OC&I/Water Pollution File No. 06-113 re: Marion Filippi. The OC&I alleges that the Respondent is in violation of the Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rules and Regulations for the Dredging and the Management of Dredged Material. On February 21, 2005 the Respondent was issued a permit by RIDEM to dredge approximately 2,600 cubic yards of sediment from Old Harbor in New Shoreham. On January 12, 2006, April 14, 2006 and May 18, 2006 RIDEM approved modifications to the permit. The conditions of the permit restricted dredging to the period between April 15-May 15 and October 15-January 31 and required the installation of a turbidity barrier around the dredging operation and the installation and maintenance of erosion/sediment controls at the dredge stockpile location. On May 4, 2006 and May 23, 2006 a biologist from the RIDEM Division of Fish and Wildlife observed the dredging operation ongoing while performing field work in Old Harbor. The water in Old Harbor had increased suspended sediment and a coffee milk appearance, an oil boom was in place around the dredging operation (rather than the required turbidity barrier), and the dredge material at the stockpile location had inadequate/absent sediment and erosion controls and dredged material was spilling into Old Harbor. On May 31, 2007 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent advising the Respondent that RIDEM would be assessing an administrative penalty. In the NOV, OC&I assessed an administrative penalty of $6,250.00.

September 17, 2007 - OC&I/Hazardous Waste File No. 06-074 re: Handy & Harman, Inc. for property located at 231 Ferris Avenue, Assessor's Plat 502, Lot 05/032/00 in the City of East Providence. The Respondent is a large quantity generator of hazardous waste in Rhode Island and is registered with the EPA and RIDEM. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste ("the Hazardous Waste Regulations") and the Code of Federal Regulations pertaining to the management of hazardous waste for which RIDEM has been delegated federal authority to enforce. The violations pertain to Respondent's failure to determine if all of the wastes generated at its facility are hazardous or not; failure to mark satellite containers of hazardous waste with the words "hazardous waste"; failure to complete hazardous waste labels on containers of hazardous waste; storing hazardous waste in excess of 90 days without obtaining an extension of time; failure to keep all containers of hazardous waste closed except when waste is being added or removed; failing to maintain a complete and updated emergency contingency plan; failing to have an adequate training plan in place; failing to test and maintain emergency equipment; failure to store universal waste in a manner that prevents releases by keeping all universal waste containers closed and failing to properly label containers of universal waste. In the NOV the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $14,100.00.

September 17, 2007 - OC&I/Water Pollution File No. WP 07-113 re: Buttonwood Acquisition LP d/b/a Carnegie Harbor Village Marina and Carnegie Abbey Club Acquisition I LP. The OC&I alleges that the Respondents are in violation of the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Rules and Regulations for the Dredging and the Management of Dredged Material. Respondent Carnegie Abbey Club Acquisition I LP was issued a permit by RIDEM to dredge approximately 13,850 cubic yards of sediment (by mechanical means) from the East Passage of Narragansett Bay located off of the Town of Portsmouth. The purpose of the dredging was to create an entrance channel into a marina basin being constructed as part of an overall residential development project. Respondent Buttonwood Acquisition LP is the owner of the property under development. The conditions of the permit restricted dredging to the period from October 15 to January 31 for 2007 and 2008 and required that all dredging be conducted in accordance with a work plan that was approved by RIDEM on August 25, 2006. The work plan described how the dredged channel would be opened up into the excavated basin and stated that after removal of the steel sheeting (that separated the excavated basin from Narragansett Bay) work would be limited to final clean up of material upland of the permitted mean high water line by mechanical means by barge. On March 9, 2007 a biologist from the RIDEM Division of Fish & Wildlife conducted an inspection of the project. The inspection revealed that the sheet piling had been removed and that dredging was occurring within the marina basin. The RIDEM biologist observed that the marina basin and the area outside of the entrance to the basin in Narragansett Bay had a high turbidity, similar to coffee milk in appearance. In the NOV, OC&I assessed an administrative penalty of $6,250.00.

September 18, 2007 - OC&I/Water Pollution File No. 2007 442 WP x-ref 07-41 re: Fleet Construction Co., Inc. for property located approximately 1,100 feet southwest of Old East Avenue, approximately 1,250 feet southwest of the intersection of Old East Avenue and Greenwich Avenue (Route 5), approximately 1,400 feet south of the Crowne Plaza Hotel, Assessor's Plat 257, Lot 10 in the City of Warwick. Bellecastle Realty, Inc. is the owner of the property and is presently engaged in developing the property for residential and commercial use. The Respondent was contracted to perform site work associated with the development of the property. The OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. On March 1, 2007 an OC&I inspector conducted an inspection of the property. The inspection revealed no violations; however, the inspector spoke with Chris Perreira (who identified himself as the Superintendent for Fleet) and advised Mr. Perreira to maintain hay bales and minimize any runoff to the nearby freshwater wetland. The inspector also advised Mr. Perreira that no discharge to the freshwater wetland was allowed without a permit from RIDEM. On April 18, 2007 an OC&I inspector conducted an inspection of the property. The inspection revealed that the Respondent was pumping (via a portable pump) sediment- laden water from a construction site into the nearby freshwater wetland. The OC&I inspector spoke with a worker (who identified himself as a forman for Fleet) and ordered the worker to immediately cease the operation of the pump and desist from undertaking any such work in the future without first obtaining a permit from DEM. On May 25, 2007 OC&I issued a Notice of Intent the Enforce ("NOI") to Fleet advising the Respondent that RIDEM would be assessing an administrative penalty. On May 31, 2007 Mr. Perreira contacted OC&I in response to the NOI. Mr. Perreira stated that the violation was inadvertent and that sediment and erosion controls were set up to prevent sediment from entering the nearby wetland; however, the controls failed. In the NOV, OC&I assessed an administrative penalty of $12,500.00.

September 18, 2007 - OC&I/Freshwater Wetlands File No. 2007 428 FW x-ref C06-12 re: Craig S. Hibbad and OBF, LLC for property located approximately 200 feet north of Simmons Road, at utility pole No. 20, approximately 800 feet west of the intersection with East Main Road, Assessor's Plat 29, Lot 18, in the Town of Little Compton. The property is owned by OBF, LLC (Craig S. Hibbad, President). OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to filling (in the form of at least sand, gravel and rocks), excavating and installing a house foundation with associated building materials within a Swamp-Marsh Wetland Complex, filling (in the form of at least sand, gravel, and rocks) within a 50-Foot Perimeter Wetland, and filling (in the form of eroded sediments) within an Area Subject to Storm Flowage (ASSF). These activities have resulted in the unauthorized alteration of approximately 11,500 square feet of Swamp-Marsh Wetland Complex, 2,800 square feet of Perimeter Wetland, and 20 linear feet of ASSF. On February 16, 2006 OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondents requiring restoration of the altered wetlands. The Respondents retained an environmental consultant to address the violations cited in the NOIE. On May 2, 2006 OC&I received a report that provided a preliminary assessment of the property and included a request to extend the restoration deadline, which OC&I extended to July 31, 2006. Inspection of the property by OC&I on November 9, 2006 revealed the Respondents did not complete the restoration as outlined in the NOIE and that additional filling (in the form of a structure (the top of a house) occurred within the Swamp-Marsh Complex and Perimeter Wetland. This activity resulted in the alteration of an additional 350 square feet of wetland. In addition, fencing was installed to corral farm animals in the wetland. The inspector spoke with Craig Hibbad at the time of the inspection. Mr. Hibbad informed the OC&I inspector that he was a farmer and had permission from the RIDEM Division of Agriculture (DOA) to install the fencing. On February 20, 2007 DOA notified OC&I that the concrete house foundation and the house top serving as animal housing are structures which are not considered normal or new farming activities. DOA further indicated that Mr. Hibbad met the definition of a farmer and that his use of fencing was considered to be a normal farming activity. On March 1, 2007 an inspection by OC&I revealed that the Respondents did not complete the restoration as outlined in the NOIE and that additional materials (in the form of crates and assorted debris) were placed in the Swamp-Marsh Wetland Complex and Perimeter Wetland. In the NOV, OC&I ordered the Respondents to restore all freshwater wetlands except for alterations subject to exemptions allowed for normal farming activity. OC&I assessed an administrative penalty of $5,500.00.

September 28, 2007 - OC&I/Freshwater Wetlands File No. C06-60 re: Robert Thistle and Ada Kuszhi for property located at the terminus of Lakeside Drive, adjacent to house number 29, approximately 1,200 feet north of its intersection with Winsor Road, Utility Pole No. 3, Assessor's Plat 59, Lots 92 and 171 and Assessor's Plat 61, Lot 4 in the Town of Johnston. Plat 59, Lot 92 and Plat 61, Lot 4 are owned by the Respondents. Plat 61, Lot 4 is an island within Slack Reservoir and is located approximately 50 feet north of Plat 59, Lot 92. Plat 59, Lot 171 is owned by Armando Mancini, Jo-Ann Mancini and Joseph A. Mowi. The Respondents were issued a permit by RIDEM on September 26, 2002 to install riprap for shoreline stabilization on Plat 59, Lot 92. No other work was authorized by the permit on Plat 59, Lot 92 and no work was authorized by the permit on Plat 61, Lot 4 or Plat 59, Lot 171. OC&I alleges that the Respondents are in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to the following unauthorized activities that were documented during separate inspections of the property in 2006:

April 28, 2006: clearing, grading, and filling (in the form of at least boulders and slash) within a 50-Foot Perimeter Wetland and clearing, filling (in the form of at least slash, soil material, and assorted debris) within a Wetland Complex (both on Plat 59, Lot 171) and clearing, grading, excavating, and filling (in the form of at least boulders) and installing concrete footings within 50-Foot Perimeter Wetland on Plat 61, Lot 4.

July 12, 2006: removing concrete abutments and replacing them with stone and mortar abutments and continued clearing, grading, and filling (in the form of at least boulders) within a separate and distinct area of the 50-Foot Perimeter Wetland on Plat 61, Lot 4, installing a stone and mortar abutment within 50-Foot Perimeter Wetland on Plat 59, Lot 92, and upgrading and installing property accessories consisting of lighting, grilling equipment along with outdoor furniture within another portion of the 50-Foot Perimeter Wetland on Plat 59, Lot 92.

November 1, 2006: terracing of a previously forested embankment, installation of rock/boulder walls, installation of a rock walkway along with the installation of property accessories consisting of lights and storage containers within another portion of the 50-Foot Perimeter Wetland on Plat 59, Lot 92.

The OC&I inspector issued written Cease and Desist Orders to Respondent Thistle for the unauthorized work observed on April 28 and July 12 and advised him verbally in a conversation on October 24 to stop work within areas where he did not have authorization. The unauthorized activities resulted in the alteration of approximately 2,800 square feet of Perimeter Wetland and 1,050 square feet of Wetland Complex on Plat 59, Lot 171, approximately 440 square feet of Perimeter Wetland on Plat 61, Lot 4, and approximately 3,100 square feet of Perimeter Wetland on Plat 59, Lot 92. In the NOV OC&I ordered the Respondents to restore all freshwater wetlands. OC&I assessed an administrative penalty of $24,500.00.

Formal Enforcement Cases Settled or Resolved:

September 5, 2007 - OC&I/Freshwater Wetlands File No. C06-88 re: Janet Rady & Jeffrey Vaillancourt for property located approximately 80 feet south of Wood River Drive, at utility pole number 8, approximately 100 feet west of the intersection of Wood River Drive and Valley Lodge Drive, Assessor's Plat 3B, Lot 4-1A, in the Town of Richmond. The property is currently owned by Janet Rady. Jeffrey Vaillancourt is Ms. Rady's son-in-law and was involved in work at the property. On May 31, 2007 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to clearing, grading, and filling (in the form of chipped wood, soil material, stumps, and slash) within a 200-foot Riverbank Wetland and 50-foot Perimeter Wetland. The activities resulted in the unauthorized alteration of approximately 3,500 square feet of Riverbank Wetland. In the NOV, the OC&I ordered the Respondents to cease and desist from any further unauthorized alterations and to restore all freshwater wetlands. OC&I assessed an administrative penalty of $7,500.00. The Respondents complied with the NOV by restoring the altered freshwater wetlands and paying the full penalty of $7,500.00.

September 6, 2007 - OC&I/UST File No. 07 - 03254 re: Rizk Properties, LLC and Riverside Petroleum, Inc. for property located at 2851 Pawtucket Avenue, Assessor's Map 308, Block 25, and Parcel 10 in the City of East Providence. An underground storage tank facility is located on the property. Two 10,000-gallon gasoline USTs and one 8,000-gallon gasoline UST are located on the property. Respondent Rizk Properties, LLC is the owner of the property. Respondent Riverside Petroleum, Inc. is the operator of the facility. On April 13, 2007 the OC&I issued an NOV to the Respondents alleging that the Respondents are 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 Respondents' failure to: submit a transfer of certificate of registration for the facility; inspect the impressed current cathodic protection system for the USTs to ensure proper operation; perform required 0.2-gallon per hour leak tests at least once per month; compile inventory control records; and perform monthly testing of the continuous monitoring system to ensure effective operation. On 17 October 2006 the OC&I issued a Letter of Noncompliance ("LNC") to the Respondents informing them of the noncompliance and requiring the Respondents to return to compliance within 60 days. A follow up letter was issued to the Respondents on 20 December 2006 informing the Respondents that they remained in noncompliance. As of the issuance of the NOV, the Respondents had not achieved compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondents to achieve compliance and assessed a penalty in the amount of $6,000.00. 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 complied with the order portion of the NOV and agreed to pay a penalty in the amount of $4,000.00. The penalty was paid upon execution of the Consent Agreement.

September 6, 2007 - OC&I/Freshwater Wetlands File No. C07-17 re: Kevin and Kathy Brand for property located approximately 450 feet northeast of the terminus of Dano Road, approximately 950 feet northeast of the intersection of Dano Road and Mount Pleasant Road, Assessor's Plat 46, Lot 26 in the Town of Burrillville. On June 18, 2007 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing, grading and filling (in the form of at least soil material) for the purpose of constructing a driveway within Swamp and clearing, grading and filling (in the form of at least soil material) for the purpose of constructing a driveway within 50-Foot Perimeter Wetland. This activity has resulted in the unauthorized alteration of approximately 2,000 square feet of Swamp and 1,300 square feet of Perimeter Wetland. In the NOV, OC&I ordered the Respondents to cease and desist from any further unauthorized alteration and to restore all freshwater wetlands areas. OC&I assessed an administrative penalty of $1,750.00. 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 NOV. The Respondents agreed to file an application with the RIDEM Office of Water Resources Freshwater Wetland Permitting Program to obtain approval for the wetland alterations and agreed to restore the altered freshwater wetlands within 180 days if the Respondents fail to receive approval from RIDEM. The Respondents also agreed to pay a penalty in the amount of $875.00. The penalty was paid upon execution of the Consent Agreement.

September 14, 2007 - OC&I/AIR File No. 06 - 09 re: Alfred Mekuto III doing business as Three A's Polishing for his facility located at 930 Plainfield Pike in the Town of Johnston. On February 5, 2007 the OC&I issued an NOV to the Respondent alleging that the Respondent violated of RIDEM's Air Pollution Control ("APC") Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The Respondent operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene ("TCE") at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air regulations. An inspection of the facility by an inspector of the Office of Air Resources ("OAR") on February 9, 2005 revealed that the Respondent failed to comply with multiple sections of APC Regulation No. 36 pertaining to equipment, operation, control, recordkeeping and reporting requirements for Respondent's degreaser. On March 22, 2005 the OAR issued a Notice of Alleged Violations to Respondent. On April 20, 2006 an inspector from the OAR inspected the facility to determine Respondent's compliance with the APC Regulations. The inspection revealed that the Respondent remained in noncompliance. A follow up inspection on September 8, 2006 revealed that the Respondent had removed its degreaser from service and replaced the degreaser with another model that was not in operation at the time of inspection. In the NOV, the OC&I ordered the Respondent to notify the OAR when his degreaser became operational and assessed a penalty in the amount of $17,500.00 for Respondent's past 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 NOV. The Respondent agreed to a penalty in the amount of $8,000.00. The OC&I agreed to allow the Respondent to pay $5,000.00 upon execution of the Consent Agreement and the remaining penalty of $3,000.00 to be paid in consecutive monthly installments of $250.00 until fully paid. The Respondent paid the initial penalty upon execution of the Consent Agreement.

September 14, 2006 - OC&I/UST File No. 06 - 02778 re: Campton Industries, LLC, Quick Stop Petroleum, Inc. and Smithco Oil Service, Inc. for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7 in the Town of South Kingstown. There are five underground storage tanks ("USTs") on the property consisting of two 20,000-gallon USTs holding heating oil and three 6,000-gallon USTs holding gasoline. Respondent Campton Industries, LLC is the owner of the property. Respondents Quick Stop Petroleum, Inc. and Smithco Oil Services, Inc. are the operators of the UST facility. On September 14, 2006 the OC&I issued an NOV alleging that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and RIGL 46-12-13. The violations pertain to one or more Respondents violating orders of the Director, failing to obtain an approval from the Director for UST modification projects, failing to have a qualified environmental consultant screen soils for contamination during a piping replacement project, failing to utilize a qualified cathodic protection tester to inspect the impressed current cathodic protection system, failing to inspect the impressed current cathodic protection system at 60-day intervals, failing to report malfunctions, repairs, replacement and modifications of UST cathodic protection systems, failing to maintain inventory control records, failing to comply with tank testing requirements, failing to comply with continuous monitoring of double-walled product piping systems, failing to comply with annual testing of line leak detectors, failing to comply with operation and maintenance of leak monitoring equipment requirements, failing to comply with monthly and annual testing of continuous monitoring equipment, failing to maintain spill containment basins, failing to maintain piping collection sumps, failing to label UST fill ports, failing to comply with tank pad observation well and groundwater monitoring well construction standards and failing to investigate release detection signals and unusual operating conditions. In the NOV, the OC&I ordered that the Certificate of Registration for UST facility No. 02778 be revoked. OC&I further ordered the Respondents to complete facility closure procedures in accordance with the UST Regulations including the removal of any contaminated soil stockpiled on the property, the completion of a Site Investigation Report and a Corrective Action Plan to address any and all contamination at the property. A penalty in the amount of $45,552.00 was assessed in the NOV. Respondents Campton Industries and Quick Stop Petroleum, Inc. filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and Respondent Quick Stop Petroleum, Inc. executed a Consent Agreement to resolve Respondent Quick Stop Petroleum's portion of the enforcement action. Respondent Quick Stop Petroleum achieved compliance with the UST Regulations and agreed to pay a penalty in the amount of $3,534.00. The penalty was paid upon execution of the Consent Agreement. Respondent Campton Industries' portion of the enforcement action has not yet reached settlement and an administrative hearing is pending.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.