August 2000 Enforcement Action Summary
This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of August 2000. 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 email@example.com. 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.
August 3, 2000 - OC&I/SW/WETLANDS/AIR File No. 00-043 re: Tracey L. & Robert A. Recchia, Jr., for property located at 90 Mill Street, Assessor's Map 26, Lot 153, Johnston. The OC&I alleges that the Respondents violated RI General Law and RIDEM's rules and regulations by disposing of approximately 58,000 cubic yards of processed construction and demolition debris on the property, altering approximately 119,000 square feet of riverbank wetland and causing objectionable odors beyond the property line on at least 4 occasions. The Respondent was cited for disposal of refuse at other than a licensed facility, operating a solid waste management facility without a license, altering freshwater wetlands without a permit and violating Air Pollution Control Regulations regarding odors. The Respondent was ordered to cease accepting solid waste, immediately being removing the waste and complete the removal within 30 days, restore the wetland area and immediately implement a plan to control odors. The OC&I assessed an administrative penalty of $172,334.00. The Respondents have appealed the NOV to the AAD.
August 10, 2000 - OC&I/SW/MEDICAL WASTE File No. 00-002 re: Medical Waste Systems, Inc. (d/b/a Biosystems) of 210 Sherwood Avenue, Farmingdale, New York. The OC&I alleges that the Respondent transported medical waste without a permit on at least 3 separate occasions in violation of RI General Law Section 23-19.12-8 and Regulations DEM-DAH-MW-01-92 Section 14.01(a). The Respondent was ordered to cease transportation of regulated medical waste in RI and to obtain a permit for any further transportation of regulated medical waste. The OC&I assessed a penalty of $7,500.00. The Respondent has appealed the NOV to the AAD.
August 23, 2000 - OC&I/LUST File No. 00-02778.A - re: Campton Industries, L.L.C./Tower Hill Texaco for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7, South Kingstown. The OC&I alleges that the Respondent violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations") pertaining to abandonment of UST's., prohibiting the upgrade or substantial modification of UST systems without notification and approval, precision testing requirements, installation of overfill protection and maintenance of daily written inventory records. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $16,190.00. The Respondent has appealed the NOV to the AAD.
August 23, 2000 - OC&I/UST File No. 00-02778.B re: Campton Industries, Inc./Tower Hill Texaco for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7, South Kingstown. The OC&I alleges that the Respondent violated sections of RIDEM's UST Regulations. The violations pertain to abandonment of UST's; precision testing requirements, installation overfill protection; and required documentation of disposal of oil spill clean up debris. The OC&I ordered compliance with the Regulations and assessed a penalty of $11,430.00. The Respondent has appealed the NOV to the AAD.
August 3, 2000 - OC&I/LUST File No. 99-0748 re: Carl C. Ferrucci, Frances Ferrucci and FCF Enterprises, Inc. for property located at 480 Pontiac Avenue, Assessor's Plat 51, Lot 630, Cranston. On June 1, 1999, the OC&I issued a NOV to Respondent alleging violations of Rhode Island's Water Pollution law for discharging pollutants to waters of the State and discharging oil/petroleum products to waters of the State. Violations of RIDEM's UST Regulations were also alleged. The OC&I ordered corrective action, compliance with the regulations and assessed a penalty of $64,640.00. The Respondent and RIDEM have executed a consent agreement wherein the Respondent agreed to comply with corrective action and to comply with the regulations. The Respondent was able to show that it met some regulatory requirements. The Respondents agreed to pay a penalty of $31,400.00 with $10,000.00 required at execution and remaining amounts over an agreed schedule of time.
August 3, 2000 - OC&I/UST File No. 99-01679 re: Joseph C. Casali and Shirley A. Casali for property located at 1209 Hartford Avenue, Assessor's Plat 20, Lot 32, Johnston. On January 20, 2000, the OC&I issued an NOV to the Respondents and to Joseph C. Najm, Josephine Najm, Johnston Gas, Inc. and Savon Gas, Inc. alleging that the parties to this NOV caused violations of multiple sections of the UST Regulations. The OC&I ordered corrective action and compliance with the regulations and assessed a penalty of $35,450.00. The OC&I and Respondents Joseph and Shirley Casali executed a consent agreement to address and resolve their portion of the alleged violations. The respondents were able to show compliance for some regulatory requirements and agreed to pay a penalty of $783.00 for noncompliance during their ownership of the facility.
August 7, 2000 - OC&I/UST File No. 99-18178 re: Riveredge Village Associates, Paul V. Anjorian and North Dartmouth Properties, Inc. for property located at 993 Manton Avenue, Assessor's Plat 80, Lot 865, Providence. On December 8, 1999, the OC&I issued an NOV to Respondents alleging violations of RIDEM's UST Regulations. The OC&I ordered compliance with the regulations and assessed a penalty of $8,000.00. The Respondent and OC&I executed a consent agreement to resolve the NOV wherein it was acknowledged that the UST located at the facility has been removed. A penalty of $7,000.00 was agreed to for past noncompliance with the regulations.
August 7, 2000 - OC&I File No. 99-0225 re: Bristol Oil Co. and Robert M. Ciciola for property at 10 Center Street, Assessor's Plat 33, Lots 137, 138 and 139, Bristol. On August 31, 1999, the OC&I issued an NOV to the Respondents for violations of Rhode Island's Water Pollution law for discharging pollutants (oil/petroleum) to waters of the State, Groundwater Quality Regulations, Oil Pollution Control Regulations and multiple sections of the UST Regulations. The OC&I ordered corrective action, compliance with the Regulations and assessed a penalty of $62,800.00. The Respondent and the OC&I executed an agreement to resolve the NOV wherein it was acknowledged that the Respondent commenced compliance with some of the orders of the NOV before issuance, agreed to continue compliance and corrective action to resolve violations, and agreed to a reduced penalty of $25,000.00.
August 8, 2000 - OC&I/WETLANDS File No. C91-0039 re: Thomas Padula for property located north of Henry Brown Road, utility pole no. 17, approximately 0.8 miles west of the intersection of Hopkins Hill Road and Henry Brown Road, West Greenwich. On April 4, 1991, the RIDEM issued a NOV to Respondent alleging violations of the Freshwater Wetlands Act. An earlier NOV was issued to the Respondent in 1988 for unauthorized alterations in the same area. The RIDEM ordered corrective actions and assessed an administrative penalty. The Respondent failed to comply. RIDEM filed a complaint in superior court for full restoration and payment of administrative penalties. On May 15, 2000 the Superior Court ordered restoration of the freshwater wetlands, payment of administrative penalties assessed in the NOV, and payment of additional penalties. The Respondent restored the freshwater wetlands by removing fill from a swamp, by removing a three-car garage from the Perimeter Wetland associated with the swamp, and by replanting all restored areas within the Perimeter Wetland. In addition, respondent paid an administrative penalty totaling $4,100.
August 8, 2000 - OC&I/WETLANDS File No. C99-0372 re: Bellecastle Realty for property located approximately 1100 feet southwest of Old East Avenue, approximately 1250 feet southwest of the intersection of Old East Avenue and Greenwich Avenue (Route 5), approximately 1400 feet south of the Crown Plaza Hotel, in the City of Warwick. On April 12, 2000, the RIDEM issued a NOV to Respondent alleging violations of the Freshwater Wetlands Act. The OC&I ordered corrective actions and assessed a penalty of $2,000.00. On May 3, 2000 the Respondent and the OC&I executed a consent agreement wherein the Respondent agreed to restore the freshwater wetland and to pay an administrative penalty in the amount of $2,000.00. The respondent restored the freshwater wetlands by removing fill from a swamp and by replanting all restored areas adjacent to the wetland.
August 8, 2000 - OC&I/SEPTIC SYSTEMS File No. CI94-203 re: Anthony L. and Nidia Rodrigues for property located at 68 Founder Avenue, Assessor's Plat 246, Lot 128, Warwick. On July 5, 1999, the OC&I issued an NOV to the Respondent for an overflowing septic system. OC&I ordered corrective action and assessed a penalty of $3,000.00. The Respondents and the OC&I executed a consent agreement wherein it was agreed that Respondents would file a repair application with RIDEM and complete a repair of the failed septic system. OC&I considered the Respondent's ability to pay the penalty and reduced this amount to $500.00. The repair of the septic system has been completed.
August 30, 2000 - OC&I/UST File No. 99-00952 re: Cher Xiong and the Elmwood Service Station for property located at 1123 Broad Street, Assessor's Plat 53, Lot 183, Providence. On May 25, 1993 and again on December 29, 1999, the RIDEM issued NOV's to the Respondent for violations of RIDEM's UST Regulations. RIDEM ordered corrective action and/or compliance with the regulations. RIDEM assessed a penalty of $28,600.00 for the 1993 NOV and $10,000.00 for the 1999 NOV. The Respondent and RIDEM executed a consent agreement wherein the Respondent agreed to pay a penalty of $20,000.00 for noncompliance with the Regulations during his ownership of the property.