For Release: December 2, 1998

Contact: Dean Albro 222-1360

PROVIDENCE - The Department of Environmental Management took a number of enforcement actions in November. The alleged violations include improper removal of lead paint, failure to repair a faulty septic system in rental housing, lack of an air emissions operating permit, and use of unregistered hazardous waste disposal trucks.

"Although the circumstances are different in each case, the end result in each is a real or potential threat to human health and to the environment," said DEM Director Andy McLeod. "We are all stewards of the environment. We would hope that education alone would reinforce that point, but it is not always so. Enforcement action is the least preferable deterrent to irresponsible stewardship, but sometimes necessary." Several of the following cases show that earlier non-penalizing attempts at compliance were disregarded by the violators.

After repeated attempts at compliance, DEM has sent a Notice of Violation, and assessed a penalty of $10,750 to Janseen Highley aka Jan Moniz of Conanicus Street, Tiverton and Nadine Bonanca of Harris Avenue, Tiverton for long-term septic system violations at rental property they own at 313-317 Cononicus Street, Tiverton. The Notice orders the owners to immediately pump, and continue to pump the systems to prevent overflows, on the ground and in the basement, submit a proposal for a permanent solution to the failures to DEM, and do the work necessary to permanently end the problems.

The Notice is in addition to court action DEM took in October. A DEM inspector had visited the property five times since the beginning of August, when the owners were told that the system must be kept pumped to prevent overflows, and that a proper cover be placed on a collapsed cesspool. An inspector first saw the basement on October 16 after a tenant gave permission for an interior inspection. A DEM inspector who visited the residential site at 313 Canonicus Street on the morning of October 16 found in addition to the collapsed cesspool, that a 30 gallon trash can had been placed in the basement to catch sewage from the dwelling and that the trash can was overflowing, resulting in the deposit of sewage all over the basement floor, walls, and the dwelling's water heater. The inspector also observed sewage overflowing on the ground at the cesspool located at 317 Canonicus Street.

The seriousness of the environmental and public health threat to the property owners, their tenants, the neighbors, and the public at large caused DEM to petition the court the same afternoon for a temporary restraining order requiring an immediate cleanup, and pumpout of the cesspools on a regular basis until the systems were replaced. The court order issued by Judge Judith Savage stipulated an immediate cease of the sewage discharge and that steps be taken to prevent further discharge.

DEM went back to Superior Court October 22 after department inspectors verified on October 20 that the sewage cleanup in the basement ordered by Judge Savage October 16 had not taken place. Judge Michael Silverstein issued a preliminary injunction ordering cleanup and prevention of further discharge of sewage.

DEM had issued two previous Notices of Intent to the owners, describing sewage overflow conditions on the property, indicating that repair plans must be submitted to the department and that the systems must be pumped as necessary to prevent further overflow until repaired. Notices of Intent allow owners to correct problems in a timely way without penalty. Complaint calls beginning in July 1998 triggered another site inspection and discussion with the owner who indicated that she was in the process of re-financing and would submit a repair plan within a short time, which was not done.

In a lead paint removal case, DEM inspectors last fall found that workers from Medeiros Home Improvements of Bristol were using power sanding tools that were not equipped with the necessary high efficiency particulate air vacuum system and that dust from the paint removal process was blowing across a public walkway. Among other violations at the site at 631 Hope Street, DEM inspectors found that ground sheeting to collect all lead-contaminated paint chips, dust and debris was not used, the lead paint chips and other debris were not properly collected, and that neighbors within 50 feet of the building had not been notified as required. The company had previously received two warning letters regarding similar paint removal deficiencies.

The Notice of Violation includes an order to clean the worksite, prepare a soil sampling plan, sample the soil, and pay a penalty of $6,750. If lead contamination above Health Department standards is found in the soil, he must also institute lead abatement procedures.

In another lead paint removal case, Val-Lynn Decorators, Inc. of Providence has been sent a Notice of Violation regarding an exterior paint removal operation at 196-198 Smith Street, Providence in August 1997. A DEM inspector found that workers were manually scraping the property without dampening the paint surface as required. They also found that ground sheeting to collect lead-contaminated paint chips, dust, and debris was inadequate and not effectively used, and that neighbors within 50 feet had not been notified correctly. The foreman was told they were in violation and to stop work and clean up properly. On two occasions later that day, work was found to be continuing and cleanup was improper.

In the Notice, the company was ordered to clean the work site and surrounding properties of all lead paint debris or paint dust caused by the paint removal, and was assessed a $2,750 penalty. DEM had previously alerted the company to noncompliance issues at two other paint removal operations.

DEM has issued a Notice of Violation and assessed a penalty of $20,000 to C.N.C. International of Woonsocket for failure to apply for an operating permit. An operating permit or emissions cap is necessary for facilities that have the potential to emit hazardous air pollutants in excess of allowable thresholds. The Notice of Violation orders the company to submit a complete operating permit application for the facility or specify a date no later than next May to permanently shut down the facility. The main potential air pollutant for C.N.C. International, a manufacturer of textile chemicals, is methanol, a volatile organic compound that could form ozone.

The company was notified twice in the fall of 1996 by DEM that an operating permit application would be due by March 1997. When it was not received, DEM sent a Letter of Deficiency, also noting that the company might be eligible to apply for an emissions cap, and gave a deadline of May 15. After an informal meeting with the company, DEM verbally extended that deadline to June 14 - a deadline that was not met. In November of 1997 DEM sent a Notice of Intent to Enforce, again, a non-penalizing tactic that brought no result.

Two hazardous waste transporters have been sent Notices of Violation, with penalties, for violations found during vehicle spot checks on July 22. Bechem Transport Inc. of New Haven, CT was found to have no sticker on the truck's tractor, and an expired sticker on its trailer, no communications device on the vehicle, and no absorbent material or eyewash, as required. United Industrial Services of Meridan, CT was found to similarly have no sticker on its truck's tractor, an expired sticker on its trailer, and no eyewash. Both companies had previously applied for, and been sent, the required stickers. Bechem was assessed a penalty of $4204; United was assessed $843; and both were ordered to insure that all vehicles are properly permitted and marked with the appropriate required stickers.

John Perri and Sons, Inc. of Warwick was issued a Notice of Violation for transporting septage waste on 10 occasions during a three week period after its permit expired and before applying for a new permit, which the company now has. The Notice orders the company to insure that all its vehicles in use are properly permitted and remain so, and assesses a penalty of $1400.

DEM plans to begin posting new enforcement actions on its web site at www.dem.state.ri.us within the next few months as a matter of public record.