Link to DEM Home Page Link to State of RI web site RIDEM graphical banner, showing land and water scene
Navigation button, HomeNavigation button, ProgramsNavigation button, TopicsNavigation button, MapsNavigation button, PublicationsNavigation button, NewsNavigation button, EventsNavigation button, SearchNavigation button, HelpNavigation button, Contact
Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > April 2013 Summary

 
April 2013 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 April 2013. 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 addressed to Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

April 4, 2013 - Hazardous Waste File No. OCI-HW-12-93 re: Kevin Villeneuve for a property located at 1452 Park Avenue in the city of Cranston. The Respondent owns the property. The property includes a business for automobile body repair (facility). Auto Restorations Unlimited, Inc. d/b/a Maaco Auto Painting & Body Works (Maaco) operates the facility. Rhode Island's Secretary of State's database lists Auto Restorations Unlimited, Inc. as an inactive corporation. The record lists the Respondent as the president of the corporation. Maaco is registered with RIDEM as a small quantity hazardous waste generator at the facility. On March 29, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations pertained to Respondent's failure to: label and keep closed one 55 gallon container holding paint thinner; label, mark with accumulation start dates and store in a containment system three 55 gallon and three 5 gallon containers holding paint thinner; conduct weekly inspections of the containers; provide annual training to employees; develop a contingency plan that had all the key elements; and submit to the RIDEM a list of agents authorized to sign hazardous waste manifests. The OC&I inspected the facility on August 23, 2012 and documented the violations. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $35,551.00. The OC&I uncovered an error in the NOV issued on March 29, 2013 - the NOV failed to cite one of the rules in the RIDEM's Hazardous Waste Regulations that the OC&I alleged the Respondent violated. This amended NOV corrected that error.

April 12, 2013 - Air File No. 13-04 re: Narragansett Bay Commission for facilities associated with wastewater treatment at Central Avenue in the town of Johnston (Central Avenue facility) and South Street/Davol Square (South Street facility), Promenade Street (Promenade Street facility) and India Street (India Street facility) in the city of Providence. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of an emergency generator at each facility without a permit from the RIDEM. On February 18, 2013, the RIDEM received a letter from the Respondent. The letter included the following information: a 74 horsepower (HP) natural gas fired emergency generator with a maximum heat input capacity of 980,000 British thermal units per hour (BTU/hr) was installed in May 2010 at the Central Avenue facility; a 54 HP diesel fired emergency generator with a maximum heat input capacity of 530,000 BTU/hr was installed in December 2007 at the South Street facility; a 168 HP diesel fired emergency generator with a maximum heat input capacity of 1,640,000 BTU/hr was installed in July 2010 at the Promenade Street facility; and a 54 HP diesel fired emergency generator with a maximum heat input capacity of 1,990,000 BTU/hr was installed in December 2007 at the India Street facility. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&I ordered the Respondent to submit minor source permit applications for each emergency generator. The OC&I assessed an administrative penalty of $10,000.00.

April 16, 2013 - Multi Media/Solid Waste and OWTS/File Nos. SW 2011-03 and OWTS CI 09-007 re: Russell Koza and Kelly J. Jarvis for a property located at 901 Mooresfield Road, Assessor's Plat 17, Lot 17 in the town of South Kingstown. The property includes a two bedroom single family dwelling. An onsite wastewater treatment system (OWTS) treats the wastewater from the toilets, showers, and sinks for the dwelling (Main OWTS). A separate OWTS treats the laundry wastewater from the dwelling (Laundry OWTS). The Respondents own the property. Upon information and belief, Russell Koza has been a tenant on the property since at least February 11, 2009. The OC&I alleges that the Respondents are in violation of RIDEM's Refuse Disposal Act and RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The solid waste violation pertains to the depositing of approximately 130 cubic yards of solid waste on the ground (consisting of unregistered vehicles and boats and other mixed solid waste). The OWTS violations pertain to the discharge of wastewater from the Main OWTS and Laundry OWTS to the surface of the ground. Inspections of the property by the OC&I on February 11, 2009, May 24, 2010, November 1, 2010 and January 24, 2013 documented the violations. On May 5, 2011 the OC&I issued a NOV (Prior NOV) to the former owner of the property (Former Owner) for the violations that are the subject of this NOV. In the Prior NOV, the OC&I ordered the Former Owner to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $4,200.00. On May 9, 2011 the Prior NOV was recorded in the land evidence records for the town of South Kingstown. The Former Owner filed an appeal of the NOV with AAD. On September 25, 2012, prior to an administrative hearing on the Prior NOV, the Respondents acquired the property from the bank through a foreclosure. The OC&I rescinded the Prior NOV and issued this NOV in its place. In this NOV, the OC&I ordered the Respondents to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $3,600.00.

April 16, 2013 - Dam File No. 186 (Upper Pond Dam) re: Town of Coventry for property located approximately 4,600 feet north of the intersection of Washington Street (Route 33) and Knotty Oak Road (Route 116) and approximately 925 feet east of Knotty Oak Road (Route 116) in the town of Coventry. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on November 17, 2011. The inspection revealed the following conditions: water from the spillway discharges into a poorly defined downstream channel and flows along the downstream side of the dam at the base of the wall; seepage with apparent sediment transport was observed on the downstream side of the embankment left of the spillway channel; and the embankment crest near the left end of the dam is about two (2) feet lower than the crest along the rest of the dam. In the NOV, the OC&I ordered the Respondent to retain a professional engineer to inspect the embankment crest and the seepage and sediment transport and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The Respondent was also ordered to repair the discharge spillway channel to remove flow away from the base of the downstream embankment. The OC&I did not assess an administrative penalty.

April 18, 2013 - Air File No. 13-05 re: Landmark Medical Center for facilities located at 115 Cass Avenue in the city of Woonsocket (Woonsocket facility) and at 116 Eddie Dowling Highway in the town of North Smithfield (North Smithfield facility). The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of an emergency generator at each facility without a permit from the RIDEM. On April 1, 2013, the RIDEM received three (3) minor source general permit applications submitted by the Respondent. The applications included the following information: a 170 horsepower (HP) diesel fired emergency generator with a maximum heat input capacity of 1,247,000 British thermal units per hour (BTU/hr) was installed on June 15, 2011 at the Woonsocket facility; a 95 HP natural gas fired emergency generator with a maximum heat input capacity of 1,190,000 BTU/hr was installed on February 25, 2010 at the Woonsocket facility; and a 205 HP diesel fired emergency generator with a maximum heat input capacity of 1,370,000 BTU/hr was installed in January 2010 at the North Smithfield facility. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $6,000.00.

April 18, 2013 - Dam File No. 226 (Yawgoog Pond Dam) re: Rhode Island Boy Scouts for property located approximately 1,440 feet southwest of the intersection of Camp Yawgoog Road and Marvel Road between Yawgoog Pond and Wincheck Pond in the town of Hopkinton. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on November 22, 2011. The inspection revealed the following conditions: excessive brush, small trees and deadfall along the downstream embankment to the right of the gatehouse that did not allow a proper inspection to be performed; and an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to remove the small trees, brush and deadfall from the downstream embankment, retain a professional engineer to inspect the embankment and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The Respondent was also ordered to repair the low level gate. The OC&I did not assess an administrative penalty.

Formal Enforcement Cases Settled or Resolved:

April 1, 2013 - Air File No. 11-24 re: Rhode Island Resource Recovery Corporation and BroadRock Gas Services LLC for the solid waste landfill located at 65 Shun Pike in the town of Johnston. The Rhode Island Resource Recovery Corporation (RIRRC) owns and operates the landfill. A landfill gas (LFG) collection system, consisting of a network of underground gas collection wells, interconnecting pipes, valves, monitoring and measuring equipment, vacuum pumps, blowers, primary condensate management equipment and other equipment used to collect LFG from the landfill (LFG Collection System) is installed at the landfill. BroadRock Gas Services LLC (BroadRock) took ownership of the LFG Collection System on November 9, 2010 and currently installs, maintains and operates the LFG Collection System based on financial funding received from RIRRC. On February 2, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 17 - Odors and, additionally, that RIRRC violated the RIDEM's APC Regulation No. 9 - Air Pollution Control Permits. The violations pertained to objectionable odors traveling beyond the landfill's property line and the RIRRC's failure to comply with its permit. On April 18, 1990, the RIDEM issued a permit to the Rhode Island Solid Waste Management Corporation for the landfill (1990 Permit). The 1990 Permit authorized the landfill to install and operate a 400 cubic feet per minute remote gas flare (RF1). The 1990 Permit requires RIRRC to notify the RIDEM of any breakdown or malfunction of RF1 resulting in the discharge of raw landfill gas to the atmosphere within one hour of its occurrence. The RIDEM received the following odor complaints concerning the landfill in 2011: 2 (January); 4 (February); 3 (March); 1 (April); 2 (May); 0 (June); 1 (July); 8 (August); 9 (September); 46 (October); 95 (November); and 72 (December). The RIDEM inspected the area around the landfill on the following dates in 2011: October 12; October 17; November 4; November 17; November 25; November 28; and December 19. On each date, the RIDEM inspector detected a LFG odor from the landfill that was objectionable beyond the property line of the landfill. On November 28, 2011, the RIRRC notified the RIDEM that, on November 23, 2011, RF1 became inoperable and did not become operational again until November 25, 2011. On December 16, 2011, the RIRRC submitted to the RIDEM a report prepared by its consultant, SCS Engineers. The SCS report stated that the LFG odors in September through December 2011 were the result of the following factors: typical weather conditions present during the Fall season; an increase in the amount of odiferous compounds in the LFG, particularly from Phase V of the landfill; an increase in fugitive LFG emissions, due to a decrease in LFG collection, particularly from Phase V of the landfill; a decrease in LFG collection efficiency as a result of the gas collectors being partially or fully watered-in; and inadequate intermediate landfill cover in the inactive areas of Phase V of the landfill. In the NOV, OC&I ordered the Respondents to take a number of measures to prevent the reoccurrence of the objectionable odors, many of which were recommendations in the SCS report. The OC&I assessed an administrative penalty of $52,500.00 against RIRRC and BroadRock for the objectionable odors and an administrative penalty of $2,500.00 against RIRRC for failing to notify the RIDEM of the malfunction of RF1. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, BroadRock submitted the following documents to the RIDEM: a document that describes the existing gas collection system, vacuum sources, and operating parameters at the landfill (Current Gas Collection System SOP); a plan to transition from the current gas management system, which utilizes multiple gas extraction points located around the landfill, to a single gas extraction point located at the new centralized gas collection and conditioning facility (Transition Plan); and a letter certifying actions taken by BroadRock to comply with the NOV. RIDEM approved the Current Gas Collection System SOP and the Transition Plan, and the OC&I and BroadRock executed a Consent Agreement to resolve the NOV as it pertains solely to BroadRock. BroadRock agreed to, among other actions, do the following: participate in monthly technical meetings as necessary; submit written reports to RIDEM on the status of the LFG Collection System; comply at all times with the Current Gas Collection System SOP and the Transition Plan; submit a schedule for creating a new set of standard operating procedures for operation of the Landfill Collection System and the flares and other destruction devices after the commercial operation date of the new power plant being constructed at the landfill; take action to comply with the Phase V permit as may be within the control of BroadRock if methane in excess of 500 parts per million at any location on the landfill is detected by RIDEM; work with RIDEM and the RIRRC to develop mutually agreeable protocols for monitoring hydrogen sulfide emissions at the landfill and appropriate actions for remediation of such emissions; and implement corrective actions that are within the control of BroadRock if exceedances of hydrogen sulfide are detected. BroadRock also agreed to pay an administrative penalty of $26,250.00, which was paid upon execution of the Agreement.

April 2, 2013 - Hazardous Waste File No. 2011-3 HW re: W.R. Cobb Company for a facility located at 800 Waterman Avenue in the city of East Providence. The facility is used for electroplating. The Respondent was registered with RIDEM as a small quantity hazardous waste generator at its former facility located at 850 Wellington Avenue in Cranston. The Respondent relocated to 800 Waterman Avenue and transported hazardous waste from its former facility to its current facility. The Respondent was not registered with the RIDEM as a hazardous waste generator at its current facility. On May 11, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertained to Respondent's failure to: obtain a permit from RIDEM prior to transporting hazardous waste; obtain a permit from RIDEM prior to treating, storing or disposing of hazardous waste; apply for and obtain an Environmental Protection Agency (EPA) identification number from RIDEM prior to shipping hazardous waste offsite; prepare a manifest to accompany each shipment of hazardous waste offsite; properly label all satellite accumulation containers holding hazardous waste with the words "Hazardous Waste" and other words identifying the contents of the container; properly label all containers holding hazardous waste, excluding satellite containers, with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark containers holding hazardous waste with the date upon which the waste first began to accumulate; conduct weekly inspections of container storage areas and maintain documentation of each inspection; submit copies of the facility's contingency plan to local authorities and amend the plan whenever there are changes to the facility's personnel, processes or design; provide training for all employees who manage hazardous waste; label containers holding used oil with the words "Used Oil"; submit to RIDEM a list of agents authorized to sign uniform hazardous waste manifests for shipments of hazardous waste; clearly label or mark each container of used electronics (not containing cathode ray tubes) with the phrase "Universal Waste - Used Electronic Devices not containing CRTs"; clearly label or mark each container of mercury lamps with one of the following phrases: "Universal Waste - Lamp(s), or "Waste Lamp(s)", or "Used Lamp(s)"; and demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The OC&I inspected the facility on November 1, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $58,388.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with some of the ordered actions in the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to submit the following documents to the OC&I: weekly inspections of the hazardous waste storage area; updated hazardous waste contingency plan; and copies of the training program provided to facility personnel. The Respondent also agreed to pay an administrative penalty of $40,338.00, in the form of a cash payment of $10,000.00 and a Supplemental Environmental Project (SEP). The SEP involves the completion of an Environmental Management System (EMS) audit of the facility and the implementation of the recommendations from the EMS audit within 180 days. The OC&I agreed to give the Respondent a credit of $12,600.00 to conduct the EMS audit and $17,738.00 for the completion of the EMS audit recommendations. The Respondent paid the cash penalty upon execution of the Agreement.

April 23, 2013 - Underground Storage Tank File No. 10- 03540 re: The Housing Authority of the City of Pawtucket for properties located at 175 Broad Street (Kennedy Manor) and 214 Roosevelt Avenue (Fogarty Manor) in the city of Pawtucket. Kennedy Manor and Fogarty Manor each include a multi-story residential apartment building and underground storage tank (UST) used for storage of diesel fuel for an emergency generator. The Respondent owns the properties. On March 8, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations at the Fogarty Manor pertained to the failure to: register the UST with RIDEM; equip the UST with an automatic tank gauging system (ATG), spill containment basin, overfill protection, or a submerged fill tube; test the UST and product pipelines for tightness; and label the UST fill port. The violations at the Kennedy Manor pertained to the failure to: equip the UST with an ATG, spill containment basin, overfill protection, or a submerged fill tube; test the UST and product pipelines for tightness; and label the UST fill port. The violations were documented during an inspection by the OC&I on October 8, 2010. In 2000 and 2001 RIDEM issued letters to the Respondent for an unregistered UST at the Kennedy Manor. The Respondent subsequently registered the UST with RIDEM. In 2002, RIDEM issued a letter to the Respondent that the UST lacked a spill containment basin and overfill protection. The Respondent failed to comply with the letter. In the NOV the OC&I ordered the Respondent to remove the USTs in accordance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $78,468.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to conduct two Supplemental Environmental Projects (SEPs) as full settlement of the administrative penalty. The first SEP involved completion of an energy audit of all of its facilities at a total cost of $90,129.00, which was completed on March 22, 2013. The second SEP is to develop and implement a solid waste recycling and hazardous waste management program (Recycling SEP). The Recycling SEP involves teaching staff at each of the Respondent's facilities about waste reduction and composting. The cost of the Recycling SEP is $15,000.00. The Respondent must submit a final report on the outcome of the program to the OC&I by May 31, 2013.

April 19, 2013 - OWTS File OWTS-12-94 and CI 12-74 re: Linda A. Carter for property located at 29 Martin Street, Assessor's Plat 16, Lot 38 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondent. On February 27, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On June 14, 2012, the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent submitted documentation to the OC&I to show that she does not have the financial means to repair the OWTS or pay any portion of the penalty assessed in the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pump the OWTS as often as necessary to prevent any and all overflows, discontinue all use of the washing machine at the dwelling until the system is repaired, limit occupancy of the dwelling to no more than 3 persons until the system is repaired, install low-flow water fixtures on the sinks and shower and a low-flow toilet, and repair the system when the property is sold or transferred to a new owner. The OC&I waived the administrative penalty assessed in the NOV.

April 8, 2013 - Dam File No. 225 (Wincheck Pond Dam) re: Rhode Island Boy Scouts for property located on the end of the northeast cove of the pond, west of the intersection of North Road and Wincheck Pond Extension, in the town of Hopkinton. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. On June 14, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 7, 2010. The inspection revealed the following: excessive vegetation along the upstream embankment and crest to the left of the spillway did not allow a proper inspection to be performed; an inoperable low level gate; seepage through the right downstream wall of the low level outlet with possible sediment transport; placement of sand bags on the upstream wall of the embankment and the spillway's right training wall to prevent overtopping and redirect flow; and debris downstream of the spillway that did not allow a proper inspection to be performed. In the NOV, the OC&I ordered the Respondents to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, submit a report to the OC&I prepared by the engineer on the findings of the inspection, and repair the low level gate. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent fully complied with the NOV, thereby resolving the case.

April 16, 2013 - Air File No. 12-15 re: Avery-Storti Funeral Home, Inc. for a facility located at 88 Columbia Street in the town of South Kingstown. On December 5, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of an incinerator without a permit from the RIDEM. On September 24, 2012 the RIDEM received a letter from the Respondent concerning the incinerator. The letter stated that the incinerator was installed on August 6, 2012 and had an initial start up date of August 7, 2012. On November 5, 2012, the RIDEM received a permit application for approval of plans to construct, install or modify an incinerator. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any incinerator prior to its installation. In the NOV, the OC&I assessed an administrative penalty of $5,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent offered to pay $4,000.00 to resolve the NOV, which the OC&I agreed to accept as full settlement of the penalty. The Respondent paid the penalty, thereby resolving the case.

April 22, 2013 - Dam File No. 649 (Bridlewood Pond Upper End Dam) re: Richard J. Conti for property located south of Preakness Drive east of the intersection of Preakness and Bridle Drives in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owned a portion of the dam. On February 26, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on May 20, 2010. The inspection revealed vegetation on the crest that did not allow a proper inspection to be performed. On May 22, 2012, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by July 21, 2012. The Respondent failed to provide the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form, remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent provided documents to the OC&I to show that on or about October 24, 2012 he sold his property on which a portion of the dam is located. As such, the OC&I rescinded the NOV.

April 24, 2013 - Air File No. 11-24 re: Rhode Island Resource Recovery Corporation and BroadRock Gas Services LLC for the solid waste landfill located at 65 Shun Pike in the town of Johnston. The Rhode Island Resource Recovery Corporation (RIRRC) owns and operates the landfill. A landfill gas (LFG) collection system, consisting of a network of underground gas collection wells, interconnecting pipes, valves, monitoring and measuring equipment, vacuum pumps, blowers, primary condensate management equipment and other equipment used to collect LFG from the landfill (LFG Collection System) is installed at the landfill. BroadRock Gas Services LLC (BroadRock) took ownership of the LFG Collection System on November 9, 2010 and currently installs, maintains and operates the LFG Collection System based on financial funding received from RIRRC. On February 2, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 17 - Odors and, additionally, that RIRRC violated the RIDEM's APC Regulation No. 9 - Air Pollution Control Permits. The violations pertained to objectionable odors traveling beyond the landfill's property line and the RIRRC's failure to comply with its permit. On April 18, 1990, the RIDEM issued a permit to the Rhode Island Solid Waste Management Corporation for the landfill (1990 Permit). The 1990 Permit authorized the landfill to install and operate a 400 cubic feet per minute remote gas flare (RF1). The 1990 Permit requires RIRRC to notify the RIDEM of any breakdown or malfunction of RF1 resulting in the discharge of raw landfill gas to the atmosphere within one hour of its occurrence. The RIDEM received the following odor complaints concerning the landfill in 2011: 2 (January); 4 (February); 3 (March); 1 (April); 2 (May); 0 (June); 1 (July); 8 (August); 9 (September); 46 (October); 95 (November); and 72 (December). The RIDEM inspected the area around the landfill on the following dates in 2011: October 12; October 17; November 4; November 17; November 25; November 28; and December 19. On each date, the RIDEM inspector detected a LFG odor from the landfill that was objectionable beyond the property line of the landfill. On November 28, 2011, the RIRRC notified the RIDEM that, on November 23, 2011, RF1 became inoperable and did not become operational again until November 25, 2011. On December 16, 2011, the RIRRC submitted to the RIDEM a report prepared by its consultant, SCS Engineers. The SCS report stated that the LFG odors in September through December 2011 were the result of the following factors: typical weather conditions present during the Fall season; an increase in the amount of odiferous compounds in the LFG, particularly from Phase V of the landfill; an increase in fugitive LFG emissions, due to a decrease in LFG collection, particularly from Phase V of the landfill; a decrease in LFG collection efficiency as a result of the gas collectors being partially or fully watered-in; and inadequate intermediate landfill cover in the inactive areas of Phase V of the landfill. In the NOV, OC&I ordered the Respondents to take a number of measures to prevent the reoccurrence of the objectionable odors, many of which were recommendations in the SCS report. The OC&I assessed an administrative penalty of $52,500.00 against RIRRC and BroadRock for the objectionable odors and an administrative penalty of $2,500.00 against RIRRC for failing to notify the RIDEM of the malfunction of RF1. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, RIRRC fully complied with the Order section of the NOV and paid the penalty of $28,750.00 assessed against RIRRC, thereby resolving the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

For General Information 222-6800 • After Hours Emergencies 222-3070 • Disclaimer