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 August 2003. 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 firstname.lastname@example.org. 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 6, 2003 - OC&I/AIR File No. 03-05 re: J. H. Lynch & Sons, Inc. regarding its facility located at 835 Taunton Avenue, in the City of East Providence. The OC&I alleges that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation No. 9, entitled Air Pollution Control Permits. The violations pertain to the installation and operation of a baghouse without first obtaining a permit from RIDEM. RIDEM alleges that the baghouse was installed in March 1999 and was operational in April 1999. The Respondent did not submit an application to the RIDEM until RIDEM conducted a compliance inspection in October 2002 and notified the Respondent of its noncompliance in December 2002. The Respondent filed an application with RIDEM's Office of Air Resources on or about January 31, 2003 and obtained a permit for the installation of the baghouse already in use at the facility in June 2003. In the NOV, OC&I assessed a penalty in the amount of $6,633.00 for the Respondent's alleged past noncompliance.
August 7, 2003 - OC&I/UST File No. 03-00475 re: Abilene Oil Service, Inc. and Gino S. Saccoccio for property located at 1850 Cranston Street, Assessor's Plat 11/3, Lot 1130 in the City of Cranston. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to the Respondents' failure to comply with tightness testing requirements and maintenance of tightness testing records, installation of spill containment basins and maintenance of inventory control records for its UST systems. OC&I ordered the Respondents to submit all applicable records and verify that their USTs were equipped with spill containment basins. In the NOV, OC&I assessed a penalty in the amount of $42,195.00.
August 8, 2003 - OC&I/Water Pollution File No. WP03-03 Blount Seafood Corporation for property located at 383 Water Street, in the Town of Warren. The property includes a shellfish processing company owned and operated by the Respondent. OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System ("RIPDES") Regulations. The violation pertains to the discharge of effluent from the Respondent's wastewater treatment system that exceeds the allowable permit limit for Biological Oxygen Demand (BOD). BOD is a measure of the organic content of wastewater. The Respondent had 4 violations in 1999, 9 violations in 2000, 5 violations in 2001, and 9 violations in 2002. In the NOV the Respondent was ordered to comply with the RIPDES permit. OC&I assessed a penalty in the amount of $67,500.
August 8, 2003 - OC&I/Solid Waste File No. 03-015 and Freshwater Wetlands File No. C02-0097 re: Frank C. DiCenzo, Jr. and DeCenzo Construction Company, Inc. for property located on Douglas Pike, Assessor's Plat 19, Lot 3 in the Town of North Smithfield. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and the Freshwater Wetlands Act as well as RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The solid waste violations pertain to the illegal storage and disposal of solid waste associated with a street sweepings storage and processing operation located on the property. The freshwater wetland violations consist of the unauthorized alteration of approximately 2.3 acres of an emergent/shrub wetland complex and another 3,700 square feet of forested wetland. The wetland alterations are the result of filling in the form of street sweepings, household trash, stumps, logs, soil, brick, rocks, boulders, concrete pieces, metal pipes and other solid waste along with excavation, clearing and other soil disturbance. The Respondents were ordered to cease disposal of solid waste on the property, remove all solid waste to a licensed solid waste management facility, cease alterations to any freshwater wetlands and restore the freshwater wetlands consistent with details and instructions from RIDEM as set forth in the NOV. OC&I assessed a penalty in the amount of $62,000.00 in the NOV.
August 12, 2003 - OC&I/Solid Waste File No. 03-016 re: George P. Melidossian for property located at 78 Belfield Drive, Assessor's Plat 54, Lot 29 in the Town of Johnston. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act by disposing of mixed solid waste on the property. When last inspected, the property contained approximately 199 cubic yards of mixed solid waste. The Respondent had been cited previously for solid waste violations on the property and was advised by RIDEM that disposal of solid waste at other than a licensed solid waste disposal facility is a violation of Rhode Island law. OC&I ordered the Respondent to immediately cease the disposal of additional solid waste on the property, remove all solid waste within 90 days of receipt of the NOV and provide receipts for its disposal at a licensed solid waste management facility. OC&I assessed a penalty in the amount of $6,250.00.
August 13, 2003 - OC&I/Septic System File No. CI92-172 re: Yawgoo Valley Apartments, LP and David Giuliano for property located on Mill Pond Road, Assessor's Plat 78, Lot 1, Block 1 in the Town of Exeter. The property includes seven (7) multi-unit apartment buildings owned by Yawgoo Valley Apartments, LP. David Giuliano is the president of the company. OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violations pertain to the improper maintenance of 3 septic systems on the property and the construction of a septic system by an individual who does not possess a license from RIDEM to construct septic systems and without a permit from RIDEM to construct the septic system. On November 22, 2002 OC&I issued a Notice of Intent to Enforce (NOI) for a failed septic system at the property. The NOI required the Respondents to have the system inspected by a licensed designer to determine the cause of the failure and submit a plan to repair the system. Follow up inspections in early 2003 revealed that the system was still not being maintained properly and that Mr. Giuliano was constructing a new septic system. No permit was issued by RIDEM to construct a septic system at the property. The inspector ordered Mr. Giuliano to cease further work on installation of the new septic system. In the NOV OC&I ordered the Respondents to immediately pump the septic systems to prevent the discharge of sewage to the surface of the ground, properly maintain the septic systems, have the systems evaluated by a licensed designer (and repair the systems, if necessary), and complete the construction of the septic system that was begun without RIDEM approval in accordance with a plan to be approved by RIDEM. OC&I assessed a penalty in the amount of $ 4,000.00.
August 14, 2003- OC&I/Solid Waste File No. 03-022 re: Waste Options Atlantic, LLC and Waste Options, Inc. for two properties located on Seaview Drive, Assessor's Plat 14, Lot 96-37 and Ocean Ridge Drive, Assessor's Plat 14, Lot 96-11 in the Town of Charlestown. OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities, specifically Solid Waste Rule 8.8.04(E). The violation pertains to the Respondents' placement of out-of-state compost for use on the subject properties without first obtaining an approval from the RIDEM. OC&I ordered the Respondents to immediately cease the transport, acceptance, and deposition in Rhode Island of compost produced out-of-state unless written approval is received from the RIDEM. OC&I assessed a penalty in the amount of $13,147.24.
August 22, 2003- OC&I/Septic System File No. CI01-165 re: Peter Catauro for property located at 81 Whipple Road, Assessor's Plat 42, Lot 65A in the Town of Smithfield. The property includes a single-family dwelling. OC&I alleges that the Respondent violated the ISDS Regulations. The violation pertained to the construction of a septic system at the property in noncompliance with the permit that was issued by RIDEM. The Respondent was a licensed septic system installer at the time of the alleged violation. As a licensed installer the Respondent was responsible for ensuring that the system was inspected by RIDEM and for submitting a certificate of construction (COC) to RIDEM. The Respondent failed to comply with these requirements. On or about October 2, 2002 OC&I issued a NOI to the Respondent. The NOI required the Respondent to have the septic inspected by a licensed designer to determine if the septic system was constructed in accordance with the permit and submit a COC to RIDEM. The Respondent failed to comply with the NOI. In the NOV the Respondent was ordered to retain a licensed designer to inspect the septic system to determine if the system was constructed in accordance with the permit and submit a COC to RIDEM or submit a report to RIDEM with recommendations on the actions necessary to repair the system so that a COC can be issued. OC&I assessed a penalty in the amount of $800.00.
August 26, 2003 - OC&I/Wetlands File No. C02-0270 re: Town of North Providence for property located immediately west of Charles Street (Route 246), west of utility Pole Numbers 29 and 30, and approximately 130 feet north of Miner Street, Assessor's Plat 23 C, Lots 730 and 759 in the Town of North Providence. The property at Lot 730 includes a single-family dwelling and the property at Lot 759 includes an undeveloped wetland owned by the Respondent. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, grading, excavating, filling, and creating soil disturbance within a Swamp to install a new storm water drainage system. The activities have resulted in the unauthorized alteration of 24,250 square feet of Freshwater Wetland. In response to complaints of flooding, RIDEM met with town officials on December 5, 2000. The town officials were advised that any work undertaken to rectify any alleged flooding problems must be maintenance related (i.e., cleaning of structures) or replacement of existing pipes, otherwise, a permit was required from RIDEM. Contrary to RIDEM's advice, the Respondent constructed a new drainage system through the Swamp without a permit from RIDEM for the work. In the NOV OC&I ordered the Respondent to restore portions of the Swamp and to submit engineering plans to DEM to show that the stormwater drainage system was properly constructed so that it will not cause flooding to adjacent property owners and not alter the functions and values of the Swamp. OC&I assessed a penalty in the amount of $1,600.00.
August 26, 2003 - OC&I/Wetlands File No. C02-0076 re: Hillside Construction Co. Inc. for property located at 51 Hazebrouck Street, Assessor Plat 52, Lot 324, in the Town of Cumberland. The property includes a single-family dwelling. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, filling, grading, and installing a lawn within a 50-foot Perimeter Wetland and failure to comply with the conditions of a permit issued by RIDEM to the Respondent. The activities have resulted in the unauthorized alteration of 5,400 square feet of Freshwater Wetland. A permit was issued to the Respondent by RIDEM on June 12, 2000 for the construction of a single-family dwelling. Inspection of the property on October 3, 2001 and December 3, 2001 by RIDEM revealed that the Respondent was not complying with the permit. On December 14, 2001 RIDEM issued a noncompliance letter to the Respondent. The Respondent failed to respond to the letter. A follow up inspection on May 9, 2002 revealed that the wetland alterations were not corrected. In the NOV OC&I ordered the Respondent to restore the freshwater wetlands and comply with the conditions of the permit by recording the permit in the land evidence records and submitting a report prepared by an engineer or land surveyor that the storm water system for the project was constructed in accordance with the approved plans. OC&I assessed a penalty in the amount of $4,400.00.
August 29, 2003 - OC&I/Water Pollution File No. 03-02 re: 960 Broad Street Realty Corporation and Craig Raposa for property located at 1 Newcomb Street, Assessor's Plat 70, Lot 146 in the City of Providence. The property includes a multi-family rental building owned by 960 Broad Street Realty Corporation (the "Corporation"). Craig Raposa is the President and shareholder of the Corporation. OC&I alleges that the Respondents are in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and ISDS Regulations. The violations pertain to the discharge of sewage from a clean out cap for the building's sewerage system onto the ground and into the street, (adjacent to a storm water catch basin), and the construction of a shallow trench on the property to collect sewage waste from the building. In June 2001 RIDEM inspected the property and advised Mr. Raposa that the sewage discharge had to be immediately corrected. A follow up inspection in July 2001 revealed that the building was vacant. In August 2002 RIDEM inspected the property and found that sewage was again discharging onto the ground and that a trench was constructed on the property to collect sewage from the building. RIDEM has no record that a permit was issued to the Respondents to construct a subsurface disposal trench on the property. Mr. Raposa was advised of the violations and the actions necessary to correct the violations. Mr. Raposa denied a RIDEM inspector access to the property during a follow up inspection in mid August 2002. In the NOV the Respondents were ordered to properly connect the sewerage system for the building to the city sewerage system. OC&I assessed a penalty in the amount of $16,500.00.
August 29, 2003 - OC&I/AIR File No. 03-06 re: D'Ambra Construction Company, Inc. for its facility located at 800 Jefferson Boulevard in the City of Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation No. 9, entitled Air Pollution Control Permits, specifically Sections 9.6.8 and 9.2.1 (a). The violations pertain to the installation and operation of a replacement baghouse to control emissions from the facility's asphalt production operations without first obtaining an approval from RIDEM and failing to conduct required testing of the Respondent's formerly approved baghouse consistent with a conditional approval issued by RIDEM in November 1994. The Respondent was ordered to conduct a compliance test of its existing baghouse, correct any deficiencies immediately and submit to RIDEM a written report pertaining to the test and corrective actions taken. A penalty in the amount of $21,932.00 was assessed in the NOV.
August 27, 2003 - OC&I/RCRA File No. 01-033 re: Bristol Industrial Park, Inc. for property located at 500 Wood Street, Assessor's Plat 29, Lots 1 and 3 in the Town of Bristol. On August 30, 2002 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Hazardous Waste Management Act and multiple sections of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertained to hundreds of containers and thousands of gallons of hazardous waste stored at the property. The violations also pertained to the Respondent's failure to properly determine if its wastes are hazardous waste, failure to develop and maintain a hazardous waste contingency plan, failure to maintain a hazardous waste training program, storage of hazardous waste in excess of 90 days without the required permit, failing to obtain an EPA identification number, failure to provide secondary containment for containers of liquid hazardous waste, failing to affix accumulation start dates to containers of hazardous waste and failing to maintain adequate spill control equipment. The Respondent was advised in an informal enforcement letter as early as June 2001 that it must properly dispose of the hazardous waste stored at the property. Despite this directive, the Respondent did not dispose of the hazardous waste pursuant to State law and regulations. In the NOV, the OC&I ordered compliance with the law and regulations and assessed a penalty of $70,853.00. The Respondent filed an appeal of the NOV with the AAD. On April 10, 2003, the OC&I issued an Amended NOV to the Respondent. The Amended NOV incorporated violations from the NOV issued on August 30, 2002 as well as alleged continuing violations for storing hazardous waste without a permit. The Amended NOV included a continuing penalty of $10,000 per month for the continued storage of hazardous waste. The penalty assessed in the Amended NOV was $140,853.00. Prior to hearing on the original and Amended NOVs, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement actions. On April 14, 2003, the Respondent removed all remaining hazardous waste stored at the subject facility by shipping the hazardous waste to a permitted treatment, storage and disposal facility for disposal. The Respondent agreed to an administrative penalty in the amount of $120,000 plus interest at the rate of 12%. The penalty shall be secured by a mortgage, executed by the Respondent naming RIDEM as the mortgage holder, in the amount of $120,000.00 on the real property. The OC&I agreed that the penalty would be resolved when the Respondent has paid the original penalty of $70,853.00. The Respondent agreed to pay this penalty in 36 equal monthly installments of $1968.14. The first payment is due on September 15, 2003. In the event that the Respondent sells the property, the remaining penalty of $70,853.00 less any payments made shall be due in full. If the Respondent defaults on any payment during the penalty payment period, RIDEM is entitled to collect the full penalty agreed to in the Consent Agreement ($120,000.00 plus interest).
August 28, 2003 - OC&I/ AIR File No. 02-03-NOV re: Metals Recycling, LLC, Izzo Group, Inc., and Metals Recycling, Inc. for the facility located at 89 Celia Street in the Town of Johnston. On March 15, 2002, the OC&I issued a NOV alleging that one or more Respondents violated Rhode Island's Clean Air Act along with multiple sections of RIDEM's Air Pollution Control Regulations ("APCR"). Violations of the regulations include APCR No. 9, Air Pollution Control Permits, APCR No. 14, Record Keeping and Reporting, APCR No. 27, Control of Nitrogen Oxides Emissions, APCR No. 28, Operating Permit Fees, APCR No. 29, Operating Permits, and APCR No. 36, Control of Emissions from Organic Solvent Cleaning. Since at least 1987, one or more Respondents operated two internal combustion diesel engines to run the facility's auto shredder hammer mills. Two of the engines rated at 1500 horsepower were operated from at least 1987 to 1999. Two newer engines rated at 3000 horsepower each were installed and operated from 1999 to the present. The facility never obtained an approval from the RIDEM to install or operate these engines. The Respondents failed to submit a Reasonably Available Control Technology ("RACT") Plan for the control of nitrogen oxide (NOx) emissions, failed to comply with RACT requirements for the control of NOx emissions, failed to conduct emissions testing for the facility's generators, failed to apply for a Title V operating permit, failed to submit required operating permit fees and failed to submit emission inventory reports. In addition, the facility was observed to operate a solvent-cleaning machine in noncompliance with the APCR. The OC&I ordered compliance with the APCR and the Rhode Island Clean Air Act. The OC&I assessed a penalty in the amount of $1,072,278.00 of which $485,000.00 represented the gravity of the violation and $587,278.00 represented the economic benefit gained from noncompliance with the law and regulations. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. In the Consent Agreement, the Respondents agreed to meet compliance with the APCR for its air pollution generating equipment on site (either existing or to be installed as authorized by RIDEM), pay past due operating permit fees in the amount of $54,000.00 and pay a penalty in the amount of $700,872.00. Upon execution of the Consent Agreement, Respondents paid to RIDEM the amount of $100,000.00. RIDEM agreed to offset $450,872.00 of the penalty as a Supplemental Environmental Project ("SEP") in the event that the Respondents eliminate the two 3000 HP diesel generators and replaces them with electric motors no later than November 1, 2005. If the Respondents choose and comply with the option to replace their diesel generators with electric motors, then the Respondents shall pay to RIDEM the remaining penalty amount of $150,000.00, with $75,000.00 to be paid on or before 1 January 2004 and the remaining $75,000.00 to be paid on or before 1 August 2004. If the Respondents fail to choose the electric motor option or fails to implement the option, then the Respondents have agreed to pay the remaining penalty of $700,872.00 less any payments already paid under the Consent Agreement. Additionally, the Respondents have agreed to certain conditions to be implemented shortly to achieve compliance with applicable air regulations.