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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > August 2010 Summary

 
August 2010 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 2010. 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 12, 2010 - Water Pollution File No. 99-110 re: Town of Scituate for property located off of Hartford Avenue and Crestview Drive in the town of Johnston and Crestview Drive and South Crestview Drive in the town of Scituate. South Crestview Drive connects to Crestview Drive. The property includes a freshwater pond and is owned by private residents. The Respondent owns the portion of Crestview Drive located in Scituate, South Crestview Drive and the associated storm water conveyance system located on both roadways. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to the discharge of pollutants (in the form of sediment) from Crestview Drive to the freshwater pond. OC&I inspected the property on January 4, 2006, February 8, 2006, May 18, 2006 and August 7, 2008 and reviewed a report prepared by the Rhode Island Department of Transportation dated February 6, 2008. OC&I determined that storm water runoff from Crestview Drive in Scituate and South Crestview Drive discharges into the freshwater pond and that road sand from the storm water runoff has discharged into the pond resulting in the filling of approximately 5,000 square feet of the pond to a depth of approximately 2 to 4 feet. OC&I issued informal notices to the Respondent on November 15, 2007 and February 21, 2008. The notices required that the Respondent take certain actions to correct the violation. The Respondent did not comply with the notices. In the NOV the Respondent was ordered to retain the services of a qualified environmental professional to conduct a storm water drainage analysis of the area of Crestview Drive that contributes to the pond and South Crestview Drive and to submit a proposed plan to prevent continued sedimentation of the pond to OC&I for review and approval. The NOV also orders the Respondent to retain a qualified environmental professional to delineate the extent of the road sand within the pond and submit a proposed plan and schedule to remove the road sand from the pond to OC&I for review and approval. OC&I assessed an administrative penalty of $6,250.00.

August 12, 2010 - Dam File No. 148 (Arctic Pond Dam) re: Natco Products Corporation for property located at 33 Factory Street in the town of West Warwick. The property includes a dam and associated spillway located on the Pawtuxet River. The dam is classified by DEM as High Hazard. The dam includes a flashboard structure on the spillway for the hydroelectric operation at the property. The flashboard structure consists of wooden boards that are fastened to the dam by metal brackets. The flashboard structure was designed so that the wooden boards break away during high flows. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. DEM inspected the dam on November 17, 2004, September 21, 2007, and March 15, 2010. The inspections revealed an inoperable low level gate. The inspection on March 15, 2010 occurred during a significant rain storm. The water levels in the Pawtuxet River were above the height where the wooden boards were designed to break away. The inspection revealed that the wooden boards had failed to break away. A follow up inspection on March 30, 2010 and March 31, 2010 during another significant rain storm revealed that the Respondent was working to manually break the wooden boards with a backhoe. The Respondent was able to remove sixty feet in length of wooden boards; however, fifty feet in length of wooden boards remain in place. In the NOV the Respondent was ordered to remove the remaining wooden boards and repair the low level gate. OC&I did not assess an administrative penalty.

August 12, 2010 - Dam File No. 229 (Blue Pond Dam) re: Ashville Corporation and Greene Plastics Corporation for property located north of Cononchet Road and south of route 138 (Spring Street) in the town of Hopkinton. The property includes a former water body identified as Blue Pond and a former dam and associated spillway. The dam was classified by DEM as Significant Hazard. Ashville Corporation owns the property. Ashville Corporation acquired the property on or about 1993. Ashville Corporation is owned by Greene Plastics Corporation. The OC&I alleges that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owners to maintain the dam in a safe condition. Inspections of the dam were performed by GZA GeoEnvironmental Inc (GZA) on November 15, 2006 on behalf of DEM and by Pare Engineering Corp (Pare) on December 6, 2004 and June 8, 2007 on behalf of Ashville Corporation. The inspections revealed the following: an inoperable low level gate; excessive vegetation on the upstream and downstream embankments; significant leakage through the downstream embankment at several locations; rotation or movement of the upstream and downstream stone masonry walls; erosion along the upstream and downstream embankments; and sinkholes on the crest. Pare issued a report of its findings from the 2004 inspection to Ashville Corporation with specific recommendations to address the deficiencies. DEM issued an informal notice to Ashville Corporation on April 30, 2007. The notice included a copy of the report prepared by GZA. The notice advised Ashville Corporation that DEM considered the dam unsafe and required the company to take specific actions to return the dam to a safe condition. The Respondents failed to comply with the notice. On March 31, 2010 DEM received an email and photographs from Pare of the dam. The email and photographs documented a major breach in the embankment of the dam and release of water from Blue Pond. The breach occurred in the section of the embankment where significant leakage was observed by Pare and GZA. The breach caused damage to roads and private property in Hopkinton. In the NOV OC&I assessed an administrative penalty of $59,747.00.

August 13, 2010 - Air File No. 10-15 re: Rhode Island Hospital for a facility located at 593 Eddy Street in the city of Providence. RIDEM issued a permit to the Respondent on March 11, 2009 to emit air pollutants from the facility. The permit prohibits the use or storage of fuel oil with a sulfur content greater than 1.0% by weight except for use with marine vessels or motor vehicles or unless the Director declares in writing that a shortage of low sulfur fuel exists. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 29, entitled "Operating Permits". The violation pertains to the failure to comply with the permit. RIDEM inspected the facility on April 28, 2010. The inspection revealed that the Respondent received 9 deliveries of fuel oil with a sulfur content of greater than 1.0% by weight for use in the Facility's boilers. The Director has not declared in writing that a shortage of low sulfur fuel exists. In the NOV, OC&I assessed an administrative penalty of $22,500.00.

August 13, 2010 - Water Pollution File No. 06-071 re: Town of Johnston for property located at 1260 Central Pike in the town of Johnston. The property includes a single family residential dwelling and a freshwater pond owned by a private resident. The Respondent owns Central Pike. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to the discharge of pollutants (in the form of sediment) from Central Pike to the freshwater pond. OC&I inspected the property on May 15, 2006 and determined that: storm water runoff from the storm water drainage system on Central Pike discharges into the pond; the storm drainage system in not functioning properly due to a broken, clogged, or undersized pipe; and road sand from the storm water runoff has discharged into the pond resulting in the filling of approximately 1,100 square feet of the pond. OC&I issued informal notices to the Respondent on May 5, 2008, May 18, 2009 and August 31, 2009. The notices required that the Respondent take certain actions to correct the violation. The Respondent did not comply with the notices. In the NOV the Respondent was ordered to repair the storm water drainage system and retain a qualified environmental professional to delineate the extent of the road sand within the pond and submit a proposed plan and schedule to remove the road sand from the pond to OC&I for review and approval. OC&I assessed an administrative penalty of $6,250.00.

August 26, 2010 - Air File No. 10-16 re: Pawtucket Asphalt Corporation for a facility located at 25 Concord Street in the city of Pawtucket. RIDEM issued a permit to the Respondent on December 4, 2007 to install an asphalt drum mix plant and dust collection system. The permit requires the Respondent to conduct initial performance emission testing of the equipment to demonstrate compliance with the emission limits for particulate matter, nitrogen oxides, and carbon monoxide within 180 days after initial start up. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control (APC) Regulation No. 9, entitled "Air Pollution Control Permits". The violation pertains to the failure to comply with the permit. RIDEM inspected the facility on May 28, 2010. The inspection revealed that the equipment started operation in August 2008 and that no initial performance testing of the equipment was conducted. In the NOV, OC&I ordered the Respondent to conduct the emission testing of the equipment as required by the permit. OC&I assessed an administrative penalty of $3,500.00.

Formal Enforcement Cases Settled or Resolved:

August 3, 2010 - Air File No. 10-05 re: C&C Fiberglass Components, Inc. for a facility located at 75 Ballou Boulevard in the town of Bristol. RIDEM issued a permit to the Respondent on May 30, 2006 to emit air pollutants from its facility. The permit has the following conditions: polyester resin and vinyl ester resin shall not have a volatile organic content (VOC) greater than 45 percent by weight; gel coats shall not have a VOC content greater than 40 percent by weight; gel coats shall not have a methyl methacrylate (MMA) content greater than 5 percent by weight; atomizing spraying equipment used to apply gel coats or resins shall be high volume, low pressure (HVLP) spray guns; and a record of the VOC content in weight percent and total weight per gallon must be maintained for each gel coat and resin. On April 1, 2010 OC&I issue an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control (APC) Regulation No. 9, entitled "Air Pollution Control Permits" and the permit. The violations pertained to: use of a polyester resin with a VOC content of 48.2 percent by weight in 2008; use of a vinyl ester resin with a VOC content of 48.7 percent by weight in 2006; use of gel coats with a VOC content that ranged from 41.0 - 43.6 percent by weight from 2006 through 2008; use of gel coats with an MMA content ranging from 6.5 - 9.3 percent by weight from 2006 through 2009; use of atomizing spraying equipment that was not HVLP; and failing to record the total weight percentage of each gel coat and resin. In the NOV, OC&I ordered the Respondent to discontinue immediately any use of polyester and vinyl ester resins and gel coats that exceed the applicable VOC emissions limitations, any gel coats that exceed the applicable MMA emissions limitations and any atomizing spray guns unless they are HVLP. OC&I assessed an administrative penalty of $16,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay to RIDEM an administrative penalty of $8,000.00 in five payments. The first payment of $3,000.00 was paid upon execution of the Agreement and the remaining payments of $1,250.00 are to be paid quarterly.

August 24, 2010 - Hazardous Waste File No. 06 - 047 re: Richard J. DiSano, Sr. for property located at 1420 Elmwood Avenue in the city of Cranston. On May 16, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertained to the failure to obtain a hazardous waste storage permit for storing hazardous waste in excess of ninety days. In the NOV the OC&I ordered the Respondent to remove and properly dispose of all hazardous waste and assessed a penalty in the amount of $99,429.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and submitted financial documents to OC&I that supported his argument that he was unable to pay a substantial portion of the penalty. OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay to RIDEM an administrative penalty of $2,500.00 in four payments of $625.00. The first payment was paid upon execution of the Agreement and the remaining payments of $625.00 are to be paid monthly.

August 30, 2010 - Air File No. 10-11 re: Rhode Island Department of Administration for a facility located at the Pastore Center in the city of Cranston. On May 28, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of a 380 horsepower diesel fired emergency generator and the installation of a 316 horsepower diesel fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The horsepower of the generators exceeds the 50 horsepower permitting threshold set forth in APC Regulation No. 9. On April 6, 2010 the Respondent submitted permit applications and associated fees to RIDEM for the emergency generators. The applications stated that the 380 horsepower generator was installed in April 2009 and the 316 horsepower generator was installed in April 2008. In the NOV, OC&I assessed an administrative penalty of $2,000.00. The Respondent paid the penalty to resolve the NOV.

August 31, 2010 - Air File No. 10-03 re: Level 3 Communications, LLC for facilities located at 275 Promenade Street and 375 Promenade Street in the city of Providence. On February 17, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of fuel burning emergency generators at the facilities without applying for or receiving a minor source permit from RIDEM. On December 3, 2008 the Respondent submitted a letter to RIDEM. The letter stated that an emergency generator was installed at 275 Promenade Street in calendar year 1998 with a maximum heat input of 8,200,000 BTU per hour and that an emergency generator was installed at 375 Promenade Street in calendar year 2000 with a maximum heat input of 8,000,000 BTU per hour. The heat input of the generators exceeds the 350,000 BTU per hour permitting threshold set forth in APC Regulation No. 9. In the NOV, OC&I ordered the Respondent to submit applications for the generators (along with the associated fees). OC&I assessed an administrative penalty of $4,308.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent demonstrated to the satisfaction of RIDEM that the provisions of APC Regulation No. 9 did not apply to the 275 Promenade Street site. OC&I and the Respondent executed a Consent Agreement to resolve the NOV for the remaining site. The Respondent agreed to pay to RIDEM an administrative penalty of $2,022.00, 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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rev. 8/4/10