April 2014 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 2014. 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:

April 2, 2014 - Solid Waste File No. SW 2013-74 re: COASTAL RECYCLING, INC., 765 GREAT ROAD, LLC and COMPLETE WASTE AND RECYCLING SERVICES, LLC for a property located at 761-765 Great Road in the town of North Smithfield. 765 GREAT ROAD, LLC owns the property. COASTAL RECYCLING, INC. formerly operated a solid waste hauling and recycling business on the property. COMPLETE WASTE AND RECYCLING SERVICES, LLC currently operates a solid waste hauling and recycling business on the property. The OC&I alleges that the Respondents are in violation of RIDEM's Refuse Disposal Act. The violations pertain to the depositing of approximately 694 cubic yards of solid waste on the ground as of the OC&I's last inspection of the property on September 26, 2013 (consisting of leaves, yard waste, paper bags, tree waste, construction and demolition (C&D) debris, cardboard, plastic containers, household refuse, wooden pallets, wood waste, metal waste, gypsum wall board, a cathode ray tube television set and other mixed solid waste) and approximately 192 cubic yards of solid waste in roll off containers as of the OC&I's last inspection of the property on September 26, 2013 (consisting of household refuse, used tires, carpeting, PVC piping, used mattresses, weathered cardboard and paper, bottles and cans, adulterated wood waste, Styrofoam, C&D debris, fiberglass insulation, plastic containers, plastic or rubber hose, furniture, plastic waste, metal waste and other mixed solid waste). Some of the material in the roll off containers were recyclables that were exposed to the weather and co-mingled with non-recyclables. The solid waste in the roll off containers had been stored on the property for more than 72 hours. Each of the companies cited in the NOV are owned or controlled by Anthony Davidson. The RIDEM issued prior NOVs to COASTAL RECYCLING, INC. in 2007 for solid waste violations at its facility on Allens Avenue in Providence and in 2013 for freshwater wetland violations at the same property that is the subject of this NOV. In the NOV, the OC&I ordered 765 GREAT ROAD, LLC and COMPLETE WASTE AND RECYCLING SERVICES, LLC to properly dispose of the solid waste. The OC&I assessed an administrative penalty of $27,500.

April 10, 2014 - Underground Storage Tank File No. 2013-89-01633 re: Fairlawn Oil Service, Inc. for property located at 100 Privilege Street in the city of Woonsocket. The property includes a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: test the continuous monitoring system on a monthly basis; keep the spill containment basins clean and dry; have a list of all Class C UST facility operators assigned to the facility available; verify that the UST facility operators on duty at the time of the inspection had been properly trained; verify that the Class A or Class B UST facility operator performed monthly inspections; and evacuate water from one of the USTs after the level exceeded 1 inch. On February 14, 2014 the OC&I inspected the facility and documented the violations. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation involving the failure to certify that the facility has trained operators. The notices required specific actions to correct the violation. On October 7, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation involving the failure to certify that the facility has trained operators. The notice was delivered on October 9, 2013. The Respondent failed to respond to or comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.

April 10, 2014 - Underground Storage Tank File No. 2013-41-00291 re: Lucine Gyuleseryan for property located at 173 Danielson Pike in the town of Foster. The property includes a convenience store, a motor fuel filling station and 4 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: perform monthly inventory reconciliation; test the continuous monitoring system (CMS) on a monthly basis; maintain 3 groundwater monitoring wells (the wells were not labeled, were missing lids, and were not secured against tampering or to prevent pollutants from entering the wells); and verify that the Class A or Class B UST facility operator performed monthly inspections. On June 13, 2013 the RIDEM inspected the facility and documented the violations. On August 19, 2013 the RIDEM received a letter from the Respondent in response to an informal written notice that the RIDEM issued to the Respondent for the issues identified in the inspection. The Respondent stated that: monthly inventory records were being recorded but in a disorganized manner and that a new system was created; the CMS was not being tested because no one possessed the knowledge on how to conduct the test but that after some research this issue was resolved; the groundwater monitoring wells could not be repaired because parts were not available but that the covers will be replaced within 30 days; and that monthly operator inspections are now being performed. On October 4, 2013 the RIDEM received a letter from the Respondent in response to a letter the RIDEM sent to the Respondent. The Respondent stated that she is still trying to find someone to install the new well covers. The letter also included a monthly operator checklist form that stated the Respondent performed an inspection on October 1, 2013. The Respondent is not the designated Class A or Class B UST Facility operator. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 45 days. The OC&I assessed an administrative penalty of $4,500.

April 11, 2014 - Underground Storage Tank File No. 2013-90-01635 re: Fairlawn Oil Service, Inc. for property located at 935 Smithfield Avenue in the town of Lincoln. The property includes a motor fuel filling station and 5 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation. The notices required specific actions to correct the violation. On October 7, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice described the specific actions required to correct the violation. The notice was delivered on October 9, 2013. The Respondent failed to respond to or comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.

April 11, 2014 - Underground Storage Tank File No. 2013-48-00559 re: Galpi Realty, Inc. and Coventry Petroleum, Inc. for property located at 2070 Nooseneck Hill Road in the town of Coventry. The property includes a convenience store, a service station, a motor fuel filling and dispensing system, 4 underground storage tanks (USTs or tanks) used for the storage of petroleum products and groundwater monitoring wells (facility). Galpi Realty, Inc. owns the property. Coventry Petroleum, Inc. operates the facility. On April 23, 2013 the RIDEM issued a letter to Coventry Petroleum, Inc. The letter advised the Respondent to close the groundwater monitoring wells as the wells were no longer needed. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: perform a valid 0.2 gallon per hour leak test for one of the USTs with the continuous monitoring system (CMS) within the last 30 days; keep the spill containment basins for each of the USTs free of liquid; maintain the groundwater monitoring wells (the wells were not labeled and were not secured against tampering); verify that the Class A or Class B UST facility operator performed monthly inspections; and evacuate water from one of the USTs after the level exceeded 1 inch. On July 11, 2013 the OC&I inspected the facility and documented the violations. On August 2, 2013 and January 2, 2014 the OC&I issued informal written notices to the Respondents for the violations. The notices required specific actions to correct the violations. The Respondents failed to fully comply with the notices. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 45 days. The OC&I assessed an administrative penalty of $2,500.

April 14, 2014 - Underground Storage Tank File Nos. 2013-94-01793 and 2013-148-01793 re: Bassam Naiefeh for property located at 135 Putnam Avenue in the town of Johnston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). RJJJ ENTERPRISES, LLC owns the property. On April 22, 2013 the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for RJJJ ENTERPRISES, LLC. The Respondent is the last known manager of the corporation. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours and the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) for the USTs at the facility. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation involving the failure to certify that the facility has trained operators. The notices required specific actions to correct the violation. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 5, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation involving operator training. The notice described the specific actions required to correct the violation. On November 8, 2013 the notice was delivered to the Respondent. On November 14, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation involving compliance certification. The notice required the Respondent to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Respondent on November 16, 2013. The Respondent has failed to comply with either notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $8,000, of which $5,000 is for operator training and $3,000 is for compliance certification.

April 14, 2014 - Underground Storage Tank File Nos. 2013-105-03016 and 2013-161-03016 re: Bassam Naiefeh for property located at 717 Park Avenue in the city of Cranston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). BJ Enterprises, LLC owns the property. On August 1, 2012 the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for BJ Enterprises, LLC. The Respondent is the last known manager of the corporation. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours; submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) for the USTs at the facility; and pay registration fees and late fees for the USTs since calendar year 2009. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation involving the failure to certify that the facility has trained operators. The notices required specific actions to correct the violation. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On October 16, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation involving operator training. The notice described the specific actions required to correct the violation. On October 18, 2013 the notice was delivered to the Respondent. On November 15, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation involving compliance certification. The notice required the Respondent to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Respondent on November 19, 2013. On December 12, 2013 the RIDEM issued a letter to the Respondent for the payment of the registration fees. The letter required payment of $1,650 in registration fees and late fees. The Respondent has failed to comply with either notice and has failed to pay the outstanding fees. In the NOV the OC&I ordered the Respondent to pay the outstanding fees and achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $9,000, of which $5,000 is for operator training and $4,000 is for compliance certification.

April 15, 2014 - Underground Storage Tank File No. 2013-117-18573 re: Thurbers Avenue Realty, Inc. for property located at 1025 Eddy Street in the city of Providence. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation. The notices required specific actions to correct the violation. On November 1, 2012 the RIDEM received a Class A UST operator certificate for Christopher Fuller. The certificate did not include any information as to the UST facility Mr. Fuller is assigned. On October 22, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice described the specific actions required to correct the violation. The notice was delivered on November 14, 2013. On November 15, 2013 the Respondent's president, Richard Fuller, informed the OC&I in a telephone conversation that his son, Christopher Fuller, is the certified Class A UST facility operator assigned to the Facility. The OC&I informed Mr. Fuller of the actions he needed to take to comply with the notice. The Respondent failed to comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $2,500.

April 15, 2014 - Underground Storage Tank File Nos. 2013-077-00607 and 2013-133-00607 re: ASAD ALI, LLC and Desai, Inc. for property located at 1353 Park Avenue in the city of Cranston. The property includes a convenience store, a motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). ASAD ALI, LLC owns the property. Desai, Inc. operates the facility. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours and the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) for the USTs at the facility. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation involving the failure to certify that the facility has trained operators. The notices required specific actions to correct the violation. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On October 3, 2013 the OC&I issued an informal written notice to the Respondents by certified mail for the violation involving operator training. The notice described the specific actions required to correct the violation. On October 5, 2013 and October 7, 2013 the notice was delivered to ASAD ALI, LLC and Desai, Inc., respectively. On November 7, 2013 and November 21, 2013 the OC&I issued an informal written notice to ASAD ALI, LLC and Desai, Inc., respectively, by certified mail for the violation involving compliance certification. The notice required the Respondents to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the ASAD ALI, LLC and Desai, Inc. on November 9, 2013 and December 2, 2013, respectively. The Respondents have failed to comply with either notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $8,000, of which $5,000 is for operator training and $3,000 is for compliance certification.

April 15, 2014 - Underground Storage Tank File Nos. 2013-081-00788 and 2013-136-00788 re: Madeline Hackett and Gerald Hackett for property located at 908 Oaklawn Avenue in the city of Cranston. The property includes a service station, a motor fuel filling station and 5 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Madeline Hackett and Stanley Bus, LLC own the property. On November 1, 2010 the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for Stanley Bus, LLC. Gerald Hackett is the last known owner of the corporation. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours and the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) for the USTs at the facility. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation involving the failure to certify that the facility has trained operators. The notices required specific actions to correct the violation. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On October 3, 2013 the OC&I issued an informal written notice to the Respondents by certified mail for the violation involving operator training. The notice described the specific actions required to correct the violation. On October 5, 2013 and October 15, 2013 the notice was delivered to Ms. Hackett and Mr. Hackett, respectively. On November 14, 2013 the OC&I issued an informal written notice to the Respondents by certified mail for the violation involving compliance certification. The notice required the Respondents to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to Ms. Hackett and Mr. Hackett on November 16, 2013 and November 25, 2013, respectively. The Respondents have failed to comply with either notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $8,000, of which $5,000 is for operator training and $3,000 is for compliance certification.

April 16, 2014 - Underground Storage Tank File No. 2013-101-02640 re: Carlos A. Angel and PETRO MOBIL, INC for property located at 360 Plainfield Street in the city of Providence. The property includes a service station, a motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Carlos A. Angel owns the property. PETRO MOBIL, INC operates the facility. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation. The notices required specific actions to correct the violation. On October 9, 2013 the OC&I issued an informal written notice to the Respondents by certified mail for the violation. The notice described the specific actions required to correct the violation. On November 21, 2013 the OC&I received a letter from Mr. Angel in response to the notice. Mr. Angel stated that he spoke with the owner of PETRO MOBIL, INC and that the owner intends to comply with the notice. Thus far, the Respondents have failed to comply with the notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.

April 16, 2014 - Underground Storage Tank File No. 2013-108-03176 re: INA Petroleum, Inc. for property located at 2862 Hartford Avenue in the town of Johnston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation. The notices required specific actions to correct the violation. On October 17, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice described the specific actions required to correct the violation. The Respondent submitted a letter to the RIDEM in response to the notice. The Respondent stated that it intended to comply with the notice. Thus far, the Respondent has failed to comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.00.

April 17, 2014 - Air File No. 14-01 re: CALISE & SONS BAKERY, INC. for a facility located at 2 Quality Drive in the town of Lincoln (facility). The facility includes a bakery and baking ovens. On 22 December 2010 the RIDEM issued an approval to the Respondent to emit air pollutants from the facility (permit). The permit requires the Respondent to ensure that volatile organic compound (VOC) emissions generated by the baking ovens are reduced by 95% or greater through a combination of 100% capture of the VOC and 95% destruction of the VOC and shut down the baking ovens in the event of a malfunction of the emission capture system and/or catalytic oxidizer that results in or that could result in emissions in excess of the permit limits. The baking equipment must be shut down until the malfunction is identified and corrected. 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 failure to comply with the permit. On 30 January 2013 and 28 October 2013 the RIDEM received documents from the Respondent's consultant on behalf of the Respondent. The documents revealed that the Respondent failed to maintain its catalytic oxidizer VOC destruction efficiency at 95% or greater while operating the baking ovens. A test performed on 18 December 2012 showed that the catalytic oxidizer VOC destruction efficiency was approximately 70%. On 19 March 2013 the Respondent had the oxidizer removed from service for cleaning/reconditioning and a temporary oxidizer was put into operation. On or about 24 April 2013 the oxidizer was reconditioned and put back into service. The Respondent operated the catalytic oxidizer below the required 95% VOC destruction efficiency from at least 18 December 2012 to 19 March 2013. In the NOV, the OC&I assessed an administrative penalty of $7,500.

April 17, 2014 - Underground Storage Tank File No. 2013-097-02122 re: Ruth E. Mansi and Apple Valley Car Wash, Inc. for property located at 6 Cedar Swamp Road in the town of Smithfield. The property includes a motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Ruth E. Mansi owns the property. Apple Valley Car Wash, Inc. operates the facility. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation. The notices required specific actions to correct the violation. On October 8, 2013 the OC&I issued an informal written notice to the Respondents by certified mail for the violation. The notice described the specific actions required to correct the violation. On October 25, 2013 the RIDEM received a letter from Ms. Mansi in response to the notice. She stated that the Respondents intended to comply with the notice. Thus far, the Respondents have failed to comply with the notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.

April 17, 2014 - Underground Storage Tank File No. 2013-85-00879 re: Fuel Depot, Inc. for property located at 644 Putnam Pike in the town of Smithfield. The property includes a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail for the violation. The notices required specific actions to correct the violation. On October 4, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice described the specific actions required to correct the violation. On October 8, 2013 the notice was delivered to the Respondent. The Respondent has failed to respond to or comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.

April 18, 2014 - Air File No. 14-03 re: Cooley, Incorporated for a facility located at 50 Esten Avenue in the city of Pawtucket (facility). The Respondent owns the 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 equipment without a permit from the RIDEM. On November 14, 2012 the Respondent submitted documents to the RIDEM. The documents revealed that the Respondent installed and began operation of a bake off oven at the facility in calendar year 2006 and that the oven has the potential to increase emissions of hydrogen chloride by greater than the minimum quantity for that contaminant, which is 700 pound per year. On May 24, 2013 the Respondent submitted to the RIDEM a minor source permit application for the oven. In the NOV, the OC&I assessed an administrative penalty of $1,000.

April 22, 2014 - Freshwater Wetland File Nos. 14-9 and C14-0008 and Solid Waste File No. 13-88 re: Mike's Professional Tree Service for a property located approximately 600 feet southeast of the intersection of Airport Road and Milton Lane in the town of Coventry. The Respondent owns the property. The property includes a pond located on the northern portion of the property (North Pond) and a second pond located on the southern portion of the property (South Pond). The North Pond and the South Pond are separated by an earthen berm. On July 5, 2013 the RIDEM issued an insignificant alteration permit to the Respondent. The permit authorized the construction of 1 dry hydrant within perimeter wetland associated with North Pond (North Perimeter Wetland). On September 5, 2013 the RIDEM issued an insignificant alteration permit (revised permit) to the Respondent. The revised permit authorized the construction of a sediment forebay and detention basin, a sand filter, a parking area, and 2 dry hydrants within the North Perimeter Wetland and the perimeter wetland associated with the South Pond (Sound Perimeter Wetland). The revised permit superseded the original permit. The revised permit requires the Respondent to: notify the RIDEM immediately prior to the commencement of the work; erect or post a sign in a conspicuous location on the property identifying the revised permit; install temporary erosion and sediment controls; construct the proposed work in the locations shown on the approved plan; and record the revised permit in the land evidence records of the town of Coventry. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act and Rhode Island's Refuse Disposal Act. The freshwater wetland violation pertains to the failure to comply with the revised permit. The solid waste violation pertains to depositing solid waste on the ground without an approval from the RIDEM and operating a solid waste management facility without a license from the RIDEM. The OC&I inspected the property on December 5, 2013 and January 13, 2014. The inspections revealed the following: solid waste deposited on the ground, consisting of construction and demolition debris (painted wood, particle board, plywood), metal, plastic pipe, insulation, ceiling tile and clothing (collectively C&D waste), some of which was within the South Perimeter Wetland; solid waste deposited on the ground consisting of leaf and yard waste, tree waste, paper leaf bags and plastic waste (collectively, organic waste), some of which was within the South Perimeter Wetland; the organic waste was arranged in windrows and was undergoing passive composting; clearing, filling (in the form of at least a concrete retaining wall, soil material, rocks, boulders, and other debris) and grading within a freshwater wetland consisting in part of the North Pond; clearing, filling (in the form of at least a concrete retaining wall, timber, soil material, rocks, boulders, and other debris) and grading within the North Perimeter Wetland; filling (in the form of at least timber, soil material, rocks, boulders, construction debris and other debris) within the South Perimeter Wetland; no erosion and sediment controls installed; and no permit sign posted. The amount of C&D waste was about 33 cubic yards and the amount of organic waste was about 648 cubic yards. The activity within freshwater wetlands resulted in the unauthorized alteration of about 1 acres of wetland. The OC&I's review of the file also revealed that no copy of the recorded permit was submitted to the RIDEM and the RIDEM was not notified prior to the commencement of the work. In the NOV the OC&I ordered the Respondent to restore the freshwater wetlands and properly remove and dispose of the solid waste. The OC&I assessed a penalty in the amount of $72,200.

April 23, 2014 - Underground Storage Tank File No. 2013-64-01622 re: K BROTHERS, LLC and CCO, LLC for property located at 885 Post Road in the city of Warwick. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). K BROTHERS, LLC owns the property. CCO, LLC operates the facility. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to maintain monthly inventory records and the failure to verify that the Class A or Class B UST facility operator performed monthly inspections. On September 5, 2013 the RIDEM inspected the facility and documented the violations. On September 10, 2013 the OC&I issued an informal written notice to the Respondents by certified mail for the violations. The Respondents failed to fully comply with the notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000.

Formal Enforcement Cases Settled or Resolved:

April 1, 2014 - Site Remediation File No. 13-02 re: Omni 1C, LLC, Omni Combined W.E., LLC, and The CJF Group, Ltd. for a property located at 2 Fox Place, Assessor's Plat 26, Lots 52, 53, 57 and 157 in the city of Providence. Omni 1C LLC (Omni 1C) owns the property. Omni 1C acquired the property on February 14, 2013. Omni Combined W.E., LLC (Omni Combined) owned the property from February 5, 2013 until February 14, 2013. The CJF Group, Ltd. (CJF) owned the property prior to February 5, 2013 at all times relevant to this NOV. On June 15, 2012 the RIDEM issued a letter to CJF approving a plan to remediate contaminated soil on the property (RAWP). The letter specified that the preferred remedial alternative included installing a geo-textile liner and soil cap, recording an environmental land use restriction (ELUR) and implementing a soil management plan (SMP). On October 19, 2012 the RIDEM issued a letter to CJF certifying that the geo-textile liner and soil cap were properly installed and authorizing the recording of the ELUR. The ELUR included the SMP. On August 1, 2012 the ELUR was recorded. The ELUR includes the following provisions: no soil on the property shall be disturbed without the RIDEM's written permission, except as allowed in the RAWP and SMP; no alteration of any kind to any portion of the property is allowed that is inconsistent with the ELUR without the RIDEM's written permission; and all the terms and conditions of the ELUR run with the land and are binding on each owner or party entitled to control, possession or use of the property during such period of ownership or possession. On February 17, 2014 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The violations pertained to the Respondents' failure to comply with the ELUR and SMP and failure to notify the RIDEM of a change in ownership of the property. On May 3, 2013 the RIDEM inspected the property. The inspection revealed the following: construction equipment was present on Lot 57; the building on Lot 57 was torn down; the soils at the bottom of the sloped area where the building on Lot 57 was located were exposed; a portion of the pavement on Lot 57 was torn; a large part of the building on Lot 53 was demolished and the cap was disturbed; and access to Lot 53 and Lot 57 was not restricted and no attempt was being made to prevent exposure to contaminated soil. On May 14, 2013 the RIDEM approved the continued demolition of the building on Lot 53 with the condition that the underlying soils were not disturbed. On November 15, 2013 the RIDEM inspected the property and spoke with Dominic Shelzi, who identified himself as the vice president for Omni Property Group, Inc. The inspection and discussion with Mr. Shelzi revealed the following: Mr. Shelzi stated that the pavement was mostly intact underneath the construction debris and layer of dirt on Lots 53 and 57; the RIDEM inspector observed that a portion of the pavement on Lot 57 was torn and Mr. Shelzi stated that the company is aware it's an issue and installed silt fencing to prevent erosion or spreading of contaminated soil; Mr. Shelzi stated that the footprint of the former building on Lot 53 is the only area of the cap disturbance on this lot; and the RIDEM inspector observed that the area of cap disturbance on Lot 53 was not covered and contaminated soil was exposed at the surface. In the NOV, the OC&I ordered Omni 1C to submit documents to the RIDEM that verify the proper disposal of any contaminated soil removed from the property, submit a report that details all activities that have occurred on the property, retain an environmental consultant and have the consultant submit a plan to the RIDEM for review and approval to return the property to compliance with the ELUR, and complete the required actions in accordance with the RIDEM's approval. The OC&I assessed an administrative penalty of $12,500 against Omni 1C and $1,250 each against CJF and Omni Combined for failing to notify the RIDEM of the change in ownership of the property. CJF did not file an appeal of the NOV with the AAD. CJF paid the penalty of $1,250 to resolve the NOV as it pertains solely to CJF.

April 9, 2014 - Underground Storage Tank File No. 2013-123-00217 re: WESTERLY YACHT CLUB for property located at 1 Watch Hill Road in the town of Westerly. The property includes a yacht club, a gasoline dispensing system and 1 underground storage tank (UST or tank) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. On February 14, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertained to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) for the underground storage tank at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 7, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required the Respondent to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Respondent on November 8, 2013. The Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $3,000. The Respondent did not file an appeal of the NOV with the AAD. The Respondent fully complied with the Order section of the NOV and offered to pay $1,500, which the OC&I agreed to accept. The penalty was paid, which resolved the NOV.

April 23, 2014 - Water Pollution File No. 14-8 X-ref RIPDES RIR100952 re: Coast to Coast Holdings, Inc. for property located at 773 Victory Highway in the town of West Greenwich. On April 22, 2013 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity to the Respondent. The permit requires the Respondent to maintain a Storm Water Pollution Prevention Plan (SWPPP) at the property at all times. On March 4, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertained to the Respondent's failure to comply with its permit. On October 24, 2013 the RIDEM inspected the property. The inspection revealed that the SWPPP was not on site. In the NOV, the OC&I assessed an administrative penalty of $2,500. The Respondent filed an appeal of the NOV with the AAD. Prior to a hearing on the NOV the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. While not admitting that any law or regulations were violated as alleged in the NOV, the Respondent agreed to pay $1,500, which the OC&I agreed to accept. The penalty was paid, which resolved the NOV.

April 30, 2014 - Freshwater Wetland 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. The Respondents own Lots 92 and 4. Lot 4 is an island within Slack Reservoir and is located approximately 50 feet north of Lot 92. Armando Mancini, Jo-Ann Mancini and Joseph A. Mowly own Lot 171. The Respondents were issued a permit by the RIDEM on September 26, 2002 to install riprap for shoreline stabilization on Lot 92. No other work was authorized by the permit on Lot 92 and no work was authorized by the permit on Lots 4 or 171. On September 27, 2007 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the following unauthorized activities that were documented during inspections of the property on April 28, 2006, July 12, 2006, and November 1, 2006: clearing, grading, and filling (in the form of at least boulders and slash) within a Perimeter Wetland associated with Slack Reservoir and clearing, filling (in the form of at least slash, soil material, and assorted debris) within a Wetland Complex (both on Lot 171); clearing, grading, excavating, and filling (in the form of at least boulders) and installing concrete footings within Perimeter Wetland associated with Slack Reservoir on Lot 4; 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 Perimeter Wetland on Lot 4; installing a stone and mortar abutment within Perimeter Wetland associated with Slack Reservoir on Lot 92; upgrading and installing property accessories consisting of lighting, grilling equipment along with outdoor furniture within another portion of the Perimeter Wetland on Lot 92; and 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 Perimeter Wetland on Lot 92. The OC&I inspector issued written Cease and Desist Orders to Mr. Thistle for the unauthorized work observed on April 28th and July 12th and advised him verbally in a conversation on October 24th 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 Lot 171, approximately 440 square feet of Perimeter Wetland on Lot 4, and approximately 3,100 square feet of Perimeter Wetland on Lot 92. In the NOV the OC&I ordered the Respondents to restore all freshwater wetlands and assessed an administrative penalty of $24,500. The Respondents filed an appeal of the NOV. The Respondents submitted a plan to the OC&I dated December 16, 2013 to resolve the wetland alterations (the Wetland Plan). The Wetland Plan requires the Respondents to restore some of the altered wetlands and authorizes the remaining alterations to stay. On December 19, 2013 the OC&I approved the Wetlands Plan. Prior to a hearing on the NOV the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the wetlands in accordance with the Wetland Plan by July 1, 2014 and pay $10,000 in 2 installments of $5,000, which the OC&I agreed to accept. The 1st installment was paid upon execution of the Consent Agreement, and the 2nd installment is due by June 30, 2014.

Superior Court Actions Issued:

April 10, 2014 - Freshwater Wetland and Solid Waste File Nos. 2007 359 FW and C07-0074 and Superior Court File No. PM 14-1930 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Pray Hill Pines, LLC for property located approximately 750 feet east of Pray Hill Road, with a driveway entrance situated between Utility Pole Numbers 11 and 12, approximately 3,100 feet northeast of the intersection of Pray Hill Road and Route 101, in the town of Glocester. The Defendant owns the property. On November 8, 2007 the OC&I issued an NOV to the former property owners, Pray Hill Farms, LLC, alleging that Pray Hill Farms, LLC violated Rhode Island's Freshwater Wetland Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act and Rhode Island's Refuse Disposal Act and the RIDEM's Solid Waste Regulations. The freshwater wetland violations pertained to clearing, filling (in the form of soil material), excavating, grading and creating soil disturbance within a Swamp and Perimeter Wetland associated with the Swamp that resulted in the alteration of approximately 4.5 acres of Swamp and 3.75 acres of Perimeter Wetland. The solid waste violation pertained to the disposal of approximately 180 cubic yards of solid waste (consisting of tree stumps) that were brought in from off the property. In the NOV, the OC&I ordered Pray Hill Farms, LLC to cease and desist any further unauthorized alteration to freshwater wetlands, cease the disposal of solid waste on the property, restore all freshwater wetlands, and properly remove or process the tree waste within 30 days. The OC&I assessed an administrative penalty of $15,000. Pray Hill Farms, LLC failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. The NOV was recorded in the land evidence records of the town of Glocester. On June 15, 2009 the corporate Certificate of Organization/Registration for Pray Hill Farms, LLC was revoked by the Rhode Island Secretary of State. On March 29, 2012 the Defendant acquired the property. To date, the Defendant has failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV and pay the administrative penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

April 4, 2014 - UST File Nos. 06-00616 and 2013-127-00616 and Superior Court File No. PC13-4226 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Charles Street Realty, Inc. and Kelly's Car Wash, Inc. for property located at 200 Charles Street in the city of Providence. An underground storage tank (UST) facility is located on the property that contains two 12,000-gallon gasoline USTs, a 6,000-gallon diesel UST and a 1,000-gallon heating oil UST. Charles Street Realty owns the property. Kelly's Car Wash, Inc. operates the facility. On September 25, 2006 the OC&I issued an NOV to the Defendants (2006 NOV) alleging that the Defendants violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to Defendants' failure to: comply with operation and maintenance requirements for UST systems; comply with the Environmental Results Program compliance certification requirements; meet inventory control record keeping requirements for UST systems; meet annual testing of line leak detectors; meet annual testing of shear valves; comply with the installation, operation and maintenance requirements for leak monitoring devices; investigate release detections signals; meet monthly and annual testing requirements of leak monitoring devices; maintain spill containment basins and sumps and meet requirements related to abandonment of monitoring wells, piezometers and subsurface borings. The OC&I further alleged that the Defendants were aware of their obligations to maintain compliance with the RIDEM's UST Regulations since they were previously cited by the RIDEM on more than one occasion for their failure to comply. In the 2006 NOV, the OC&I ordered the Defendants to achieve compliance with the RIDEM's UST Regulations and assessed a penalty in the amount of $15,520. The Defendants failed to file an appeal of the 2006 NOV and failed to pay the administrative penalty in the 2006 NOV (the Defendants did comply with the Order section of the 2006 NOV). On August 23, 2013 the RIDEM filed a complaint in Superior Court against the Defendants. In the Superior Court complaint, the RIDEM asked the court to order the Defendants to pay the administrative penalty assessed in the 2006 NOV. On February 17, 2014 the RIDEM issued an NOV to the Defendants (2014 NOV) alleging that the Defendants again violated the RIDEM's UST Regulations. The violation pertained to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 7, 2013 the OC&I issued an informal written notice to the Defendants for the violation. The notice required the Defendants to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Defendants on November 9, 2013. The Defendants failed to comply with the notice. In the 2014 NOV, the OC&I ordered the Defendants to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $4,000 in the 2014 NOV. The Defendants failed to file an appeal of the 2014 NOV with the AAD. On February 26, 2014 the Defendants submitted incomplete Compliance Certification Forms in response to the 2014 NOV. The Defendants failed to pay the administrative penalty in the 2014 NOV. Prior to a hearing on the Superior Court complaint, the RIDEM and the Defendants entered into a Consent Order that was signed by the Court to resolve the complaint and the 2014 NOV. The Defendants agreed to submit revised Compliance Certification Forms by April 19, 2014 that comply with the RIDEM's UST Regulations and agreed to pay an administrative penalty of $10,000 in 24 equal and consecutive monthly installments of $416.67.