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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > August 2006 Summary

 
August 2006 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 August 2006. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be addressed to Leanne DeCosta at 401-222-4700 ext. 7218, fax 401-222-3810.

Formal Enforcement Actions Issued:

August 8, 2006 - OC&I/UST File No. 06- 01068 re: Cumberland Farms, Inc. and Samer T. Elalami for property located at 612 Taunton Avenue, Assessor's Map 405, Block 6, Parcel 3 in the City of East Providence. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and RIDEM's Oil Pollution Control Regulations ("the OPC Regulations"). Respondent Cumberland Farms, Inc. is the owner of the property. Respondent Samer T. Elalami is the operator of the UST facility on the property. The UST facility is registered with the RIDEM. One of the USTs registered with the RIDEM consists of a 550-gallon used oil UST. On 31 May 2005, an inspection of the UST facility revealed multiple instances of noncompliance with the UST Regulations and the OPC Regulations relating to the used oil UST. On 30 June 2005, Respondent Cumberland Farms, Inc. submitted an Environmental Results Program ("ERP") Compliance Certification Checklist for the UST facility. The ERP did not resolve OC&I's concerns regarding noncompliance. The OC&I issued a Letter of Noncompliance ("LNC") to Respondents on 18 July 2005 identifying all instances of noncompliance identified in OC&I's inspection of 31 May 2005. By letter dated 29 August 2005, Respondent Cumberland Farms, Inc. alleged that the issues of noncompliance identified by RIDEM in its LNC had been rectified. On 1 September 2005 OC&I inspected the UST facility and determined that the violations were still present. The violations pertained to Respondents' failure to repair the electronic interstitial leak monitoring sensor for the UST and operating the UST without the continuous leak monitoring device, failure to keep the containment basin for the UST free of liquids, failure to label the material stored inside the UST and failure to prevent spills of used oil onto the ground surface above the UST. Oil had flowed off the concrete pad into surrounding soil. As of 18 May 2006 these conditions had not been corrected. In the NOV, the OC&I ordered the Respondent to achieve compliance with RIDEM's UST and OPC Regulations and assessed a penalty in the amount of $5,000.00.

August 24, 2006 - OC&I/Septic System File No. CI 04-257 re: Ralph J. Marasco, Jr. & Maria A. Marasco for property located at 21 Rhode Island Avenue, Assessor's Plat T, Lot 15 in the Town of Narragansett. The property includes a single family rental dwelling. 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 violation pertains to a failed ISDS and the discharge of sewage from the septic system on the property to the surface of the ground. On January 18, 2005 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents for a failed septic system that was observed on April 8, 2004. The inspector observed that the water level in the septic system was above the inlet pipe from the dwelling. The Respondents were required to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the failed system if needed. A follow up inspection on December 5, 2005 revealed that sewage was evident on the surface of the ground. To date, the Respondents have failed to comply with the NOI. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $1,200.00.

August 31, 2006 - OC&I/Septic System File No. CI 05-56 re: Ngar Chun Lew for property located at 74 Hopkins Hill Road, Assessor's Plat 29, Lot 214 in the Town of Coventry. The property includes a single family dwelling. OC&I alleges that the Respondent is in violation of RIDEM's ISDS Regulations. The violation pertains to the discharge of sewage from the septic system on the property to the surface of the ground. On April 15, 2005 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent for a sewage overflow that was observed on April 13, 2005. The Respondent was required to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the failed system if needed. Follow up inspections on November 7, 2005 and April 3, 2006 revealed that sewage was again evident on the surface of the ground. To date, the Respondent has failed to comply with the NOI. In the NOV the Respondent was ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $3,000.00.

August 31, 2006 - OC&I/Septic System File No. CI 92-86 re: Frederick L. Orwiler & Karen E. Binder for property located at 126 Quaker Avenue, Assessor's Plat 6-6, Block 64, Card 11 in the Town of Tiverton. The property includes a 3-family apartment building. OC&I alleges that the Respondents are in violation of RIDEM's ISDS Regulations. The violation pertains to the discharge of sewage from the septic system on the property to the surface of the ground. On April 27, 2005 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents for a sewage overflow that was observed on April 13, 2005 and April 25, 2005. The Respondents were required to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the failed system if needed. OC&I received a complaint of continued sewage discharge from the property on December 6, 2005. To date, the Respondents have failed to comply with the NOI. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $2,000.00.

Formal Enforcement Cases Settled or Resolved:

August 3, 2006 - OC&I/ UST File No. 06 - 02640 re: Spanish Advertising, Corp. and Petro Mobil, Inc. for property located at 360 Plainfield Street, Assessor's Plat 108, Lot 264 in the City of Providence. An 8,000-gallon and a 4,000-gallon underground storage tank ("UST") exist on the property. Respondent Spanish Advertising Corp. is the owner of the property. Respondent Petro Mobil, Inc. is the operator of the USTs. On March 20, 2006 the OC&I issued a NOV to Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the Respondents' failure to comply with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to Respondents for their failure to comply with the ERP requirements of the UST Regulations. The Respondents were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. 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. The Respondents complied with the order portion of the NOV by submitting their completed ERP certification report and agreed to pay a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.

August 3, 2006 - OC&I/ Water Pollution File No. 05-04 re: City of Woonsocket and Veolia Water North America Operating Services, Inc. The City of Woonsocket is the owner of the Woonsocket Wastewater Treatment Facility located in the City of Woonsocket (the Facility). Veolia Water North America Operating Services, Inc. operates the Facility for the City of Woonsocket. On May 23, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of pollutants (in the form of ammonia) from the Facility to the Blackstone River in concentrations that exceeded the limits in Woonsocket's wastewater discharge permit. The permit requires Woonsocket to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The DMR Forms identified violations of the monthly average limit for ammonia for each month beginning in June 2002 and extending through October 2002. The Respondent Woonsocket was also cited for failure to submit an adequate Operations and Maintenance (O&M) Manual to RIDEM for the Facility that was first identified by RIDEM as deficient in a letter that was sent to Woonsocket in January 1999. The Respondent Woonsocket was further cited for a failure to install flow-metering equipment on an internal recycle wastewater flow as required in an Order of Approval issued by RIDEM to Woonsocket in May 2001. In the NOV the Respondents were ordered to submit to RIDEM a revised complete O&M Manual prepared by a qualified engineering consultant and install the flow metering equipment. OC&I assessed a penalty in the amount of $28,400.00. 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. The Respondents agreed to submit an O&M Manual to RIDEM within sixty (60) days, pay an administrative penalty of $6,000, and complete a Supplemental Environmental Project (SEP). The SEP involves the installation and operation of a composite sampler and flow meter at the Facility to monitor the recycle flow from the sewage sludge incinerator at the Facility. The SEP requires installation and operation of the equipment within ninety (90) days. The Respondents were given a credit $16,000 for the SEP. The cash penalty of $6,000.00 was paid upon execution of the Consent Agreement.

August 17, 2006 - OC&I/ UST File No. 05 - 00996 re: Cumberland Farms, Inc. and OHM, LLC for property located at 225 Willett Avenue, Assessor's Map 411, Block 14, Parcel One in the City of East Providence. The Respondents are the owners and/or operators of three separate 8,000-gallon gasoline USTs that are operated on the property. On September 26, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to upgrade bare steel sections of the product piping lines for their USTs to meet corrosion protection requirements, failure to compile inventory control records from April 2002 through April 2005, failure to perform tightness testing of the product piping during the years 1995, 1996, 1998 and 1999, failure to perform annual functionality testing of the line leak detectors for the years 1995, 1996, 1998 and 1999, failure to provide for overfill protection for the USTs and failure to label and secure the tank pad observation wells from tampering or water intrusion. In the NOV, the Respondents were ordered to achieve compliance with the UST Regulations and a penalty in the amount of $19,606.00 was assessed against the Respondents for their noncompliance. The Respondents filed an appeal of the NOV with the AAD. On May 5, 2006, the AAD issued a Final Order of Default against Respondent Cumberland Farms, Inc. thereby waiving Respondent's request for hearing. In lieu of proceeding to Superior Court to enforce the NOV, Respondent Cumberland Farms, Inc. and the OC&I executed a Consent Agreement to resolve the enforcement action. Respondent Cumberland Farms, Inc. produced documents and evidence that showed compliance was being met in certain circumstances cited in the NOV prior to the issuance of the NOV. Respondent Cumberland Farms, Inc. also was able to show that the facility was currently in compliance with the UST Regulations. Respondent Cumberland Farms, Inc. agreed to pay a penalty in the amount of $5,500.00 to resolve those violations where compliance could not be documented. The penalty was paid upon execution of the Consent Agreement and the matter was closed.

August 28, 2006 - OC&I/Solid Waste File No. 05 - 014 re: D&K Pitcher's Auto Salvage, Inc. for property located at 315 Oak Hill Road, Assessor's Plat 95, Lot 007 in the Town of North Kingstown. The Respondent operates an auto salvage business on the property. On January 6, 2006 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Vehicle Tire Storage and Recycling Statute, R.I.G.L. § 23-63-2. The violation pertained to the storage of more than 400 used tires at Respondent's property. On October 5, 2003, the OC&I conducted an inspection of the property and determined that the Respondent was storing approximately 1,800 used tires on the property. The OC&I issued a Letter of Noncompliance to the Respondent on March 30, 2004 informing the Respondent of the used tire storage limit allowed by law and informing the Respondent that no more than 400 used tires may be stored on the property unless the Respondent obtained a license from the RIDEM. On February 11, 2005, the OC&I conducted an inspection and determined that the Respondent was storing approximately 1096 tires. The Respondent did not have a license from the RIDEM to store in excess of 400 tires on the property. In the NOV, the OC&I ordered the Respondent to remove all tires in excess of 400 and assessed a penalty in the amount of $500.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The OC&I confirmed that Respondent had complied with the order portion of the NOV by removing from the property all tires in excess of 400. Upon execution of the Consent Agreement, Respondent paid $500.00 to RIDEM.

August 30, 2006 - OC&I/Septic System File No. CI 00 - 239 re: Marra/Pinelli Realty, Inc. for property located at 2089-2093 Kingstown Road, Assessor's Plat 32-4, Lot 32 in the Town of South Kingstown. The property includes a multi-family (2 unit) dwelling and a single-family dwelling. On January 20, 2004 OC&I issued an NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic systems for the multi-family and single-family dwellings. In the NOV the Respondent was ordered to immediately have the systems pumped by a licensed septage hauler and continue such pumping until the sewerage systems for the property are connected to the town sewerage system. OC&I assessed a penalty in the amount of $5,000.00. The Respondent failed to appeal the NOV to AAD. The Respondent connected the sewerage systems for the property to the town sewerage system on September 26, 2005; however, the Respondent did not pay the penalty. In lieu of referral to a collection agency, the Respondent and the OC&I executed a Consent Agreement to resolve the administrative penalty. The Respondent agreed to pay a reduced penalty of $4,000, which was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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