August 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 August 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:

August 4, 2014 - Dam File No. 549 (Asa Pond Dam) re: Town of South Kingstown for property located approximately 1160 feet southeast of the intersection of Curtis Corner Road and Asa Pond Road and approximately 780 feet east of Asa Pond Road in the town of South Kingstown. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on July 31, 2013. The inspection revealed that the primary spillway approach, the channel downstream of the spillway and the channel downstream of the low level outlet were overgrown with vegetation that may impact spillway capacity and proper functioning of the low level outlet. The inspection also revealed excessive vegetation on the downstream slope of the embankment within 15 feet of the toe of the dam that did not allow a proper inspection to be performed. The OC&I considers the dam unsafe because of the vegetation that may impact spillway capacity and the low level outlet and vegetation that inhibits a proper inspection. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

August 4, 2014 - Dam File No. 219 (Boone Lake Dam) re: Boone Lake Dam Management District for property located approximately 5600 feet north of the intersection of Ten Rod Road (Route 165) and Nooseneck Hill Road (Route 3), approximately 329 feet north of the intersection of Boone Lake Road and West Shore Road in the town of Exeter. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on August 14, 2013. The inspection revealed that sand and vegetation was deposited in the spillway approach and leakage with sediment was observed at the right wall downstream of the spillway. The inspection also revealed heavy vegetation on the downstream wall and bench of the embankment, the downstream toe of the embankment and the spillway that did not allow a proper inspection to be performed. The OC&I considers the dam unsafe because of the heavy vegetation that inhibits a proper inspection and because of the sand and vegetation in the spillway approach that may affect the capacity of the spillway. The OC&I considers that the dam may be unsafe because of the leakage with sediment at the right wall downstream of the spillway. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The inspection must include an assessment of the leakage and sediment observed at the right wall downstream of the spillway. The OC&I did not assess an administrative penalty.

August 6, 2014 - Water Pollution File No. 14-88 X-ref RIPDES RIR101001 re: JCM, LLC for property located at Hidden Meadows Drive in the town of Cumberland. On May 1, 2014 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity to the Respondent. The permit requires the Respondent to: inspect all pollution prevention measures at least once every 7 days; prepare and sign reports that document the results of the inspections; and maintain a Storm Water Pollution Prevention Plan (SWPPP) at the property at all times. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations and the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertains to the Respondent's failure to comply with its permit. On July 1, 2014 the RIDEM inspected the property. The inspection revealed that the Respondent failed to maintain a SWPPP at the property and conduct inspections and prepare and sign reports that document the results of the inspections. In the NOV, the OC&I assessed an administrative penalty of $3,000.

August 14, 2014 - Site Remediation File No. 14-3 re: Discount Disposal & Demo, Inc. for property located at 10 Lockwood Street in the town of West Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Oil Spill Pollution Prevention and Control Act and the RIDEM's Oil Pollution Control Regulations. The violation pertains to the spillage of oil onto the ground and the failure to properly report the spill and cleanup the oil. On November 25, 2013 the RIDEM was notified of a release of oil at the property by the West Warwick Fire Department (WWFD). The WWFD informed the RIDEM that the oil posed a driving hazard on the street and requested a cleanup. The WWFD reported that the cause of the release was a ruptured hydraulic line from a truck owned by the Respondent. On November 25, 2013 the RIDEM inspected the property. The inspection revealed oil on the ground and on the driveway on the property, oil on Lockwood Street and oil in the storm water drainage basin on Lockwood Street. The RIDEM advised the WWFD to hire a cleanup contractor. The WWFD hired a cleanup contractor, and the spill was properly cleaned. The contractor generated three 55-gallon drums of oil spill debris. On January 6, 2014 the RIDEM issued a letter to the Respondent requiring that the oil spill debris be properly disposed and spoke with the owner, Paul Papavasiliou. The Respondent failed to comply with the letter. On March 10, 2014 the RIDEM paid the contractor for the proper disposal of the oil spill cleanup debris. In the NOV, the OC&I assessed an administrative penalty of $10,670.

August 22, 2014 - OWTS File No. 14-110 re: Denise Viveiros for property located at 12 Liberty Lane, Assessor's Plat 18, Lot 79 in the town of Glocester. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On May 27, 2014 the OC&I inspected the property and documented the violation. On May 29, 2014 the OC&I issued an informal written notice to the Respondent for the violation. The notice required specific actions to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,000.

August 22, 2014 - Solid Waste File No. 2014-15 re: Railside Environmental Services, LLC and Kenlin Properties, LLC for property located at 1 Dexter Road, Assessor's Map 304, Block 1, Lot 1, Unit 10 in the city of East Providence. The property includes a facility engaged in the processing of 50 tons per day or less of construction and demolition (C&D) debris. Kenlin Properties, LLC owns the property. Railside Environmental Services, LLC (RES) operates the facility. On or about October 7, 2013 RES submitted to the RIDEM an operating plan and closure plan for the facility. On October 29, 2013 the RIDEM approved the operating plan and closure plan and issued RES its registration. The registration requires RES to: operate in accordance with its operating plan; receive no more than 50 tons per day of C&D; receive only C&D; and immediately remove and segregate any co-mingled non C&D waste inadvertently received in a C&D load in a secure roll-off. The operating plan requires RES to maintain a maximum of 4 separate piles on the property at all times (3 piles consisting of C&D and 1 pile consisting of woodchips), with the total amount of C&D limited to 523 cubic yards and the total amount of woodchips limited to 74 cubic yards. The closure plan requires RES to limit in size the storage of unprocessed and/or processed C&D debris stockpiles to the financial assurance posted for the closure cost, which is $37,000. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and the RIDEM's Solid Waste Regulations. The violations pertain to the failure of RES to comply with its registration and operating plan and the Respondents operation of a solid waste management facility for solid waste other than C&D without a license or registration from the RIDEM. On April 3, 2014 the OC&I inspected the facility. The inspection revealed 8 separate piles on the property consisting of C&D (processed and unprocessed), non C&D waste, woodchips, sorted wood, and solid waste. The inspector determined that approximately 9,852 cubic yards of waste was stockpiled at the facility. On April 7, 2014 and April 15, 2014 the inspector reviewed records at the facility. The review revealed that RES received on average 58.47 tons per day of C&D from November 1, 2013 through March 31, 2014. The OC&I determined that the cost for removal of the waste is about $395,172. In the NOV, the OC&I ordered the Respondents to immediately cease receiving solid waste other than C&D debris at the facility, immediately cease receiving greater than 50 tons per day of C&D debris at the facility and within 90 days come into full compliance with the registration and operating plan. The OC&I assessed an administrative penalty of $18,750 against RES and Kenlin Properties, LLC and $66,877 against RES.

August 22, 2014 - OWTS File No. 14-7 re: James W. Morgan and Joseph R. Frank for property located at 18 New Lexington Road, Assessor's Plat 148, Lot 127 in the town of North Kingstown. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On January 23, 2014 the OC&I inspected the property and documented the violation. On January 28, 2014 the OC&I issued an informal written notice to the Respondents for the violation. The notice required specific actions to correct the violation. The notice was returned to the OC&I unclaimed. On March 6, 2014 the notice was properly served on the Respondents by a RIDEM Environmental Police Officer. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.

Formal Enforcement Cases Settled or Resolved:

August 1, 2014 - Air File No. 14-02 re: Aspen Aerogels Rhode Island, LLC for a facility located at 3 Dexter Road in the city of East Providence. On August 3, 2011 the RIDEM issued an approval to the Respondent to emit air pollutants from the facility for the production of aerogel insulation materials (permit). The permit requires the Respondent to: limit the discharge of nitrogen oxide (NOx) to the atmosphere to 5.44 pounds per hour (NOx Limit); limit the discharge of ammonia to the atmosphere to 3 pounds per hour (Ammonia Limit); limit the discharge of volatile organic compounds (VOCs) to 6.09 pounds per hour (VOCs Limit); maintain a minimum of 90% ammonia control efficiency of the wet scrubber (Scrubber); maintain a minimum operating temperature of 1500F for the thermal oxidizer (Oxidizer) whenever VOCs or ammonia or both are being discharged to the Oxidizer; and ensure all VOCs, ammonia and particulate matter emissions generated from the heat treatment ovens are captured and discharged to the Scrubber followed by the Oxidizer. On July 3, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the failure to comply with the permit. On July 8, 2013, September 18, 2013, October 24, 2013, April 29, 2014 and May 22, 2014 the RIDEM received documents from the Respondent. The documents revealed the following: 86 pounds of NOx over the NOx Limit and less than 1 pound of ammonia over the Ammonia Limit were released at the facility over a 4 hour period on June 13, 2013 and June 16, 2013; the Oxidizer operated between 1421F and 1497F when VOCs and ammonia were being discharged to the Oxidizer between June 16, 2013 and August 1, 2013; the Oxidizer operated at 1499.2F when VOCs and ammonia were being discharged to the Oxidizer resulting in the release at the facility of about less than 1 pound of VOCs over the VOCs Limit and less than 1 pound of ammonia over the Ammonia Limit on September 26, 2013; the Scrubber operated at 65% ammonia control efficiency resulting in the release at the facility of about less than 1 pound of NOx over the NOx Limit on October 6, 2013; a partial breach of the ductwork upstream of the Scrubber and the Oxidizer resulted in the uncontrolled release of VOCs and ammonia to the atmosphere between April 10, 2014 and April 11, 2014; and a mechanical failure of an airline upstream of the Oxidizer resulted in the uncontrolled release of VOCs and ammonia to the atmosphere on May 3, 2014. In the NOV, the OC&I assessed an administrative penalty of $5,000. The Respondent did not file an appeal of the NOV with the AAD. The Respondent paid an administrative penalty of $4,500 to fully resolve the NOV.

August 6, 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. On April 16, 2014 the OC&I issued an NOV to the Respondents alleging that the Respondents 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 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 company intended to comply with the notice. The Respondents 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. The Respondents did not file an appeal of the NOV with the AAD. The Respondents complied with the Order section of the NOV and paid the full administrative penalty assessed in the NOV to resolve the case.

August 7, 2014 - Water Pollution File No. 14-79 X-ref RIPDES RIR101003 re: Adler Brothers Construction, Inc. for property located at 84 Smith Avenue in the town of Smithfield. On June 13, 2013 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity to the Respondent. The permit requires the Respondent to: inspect all pollution prevention measures at least once every 7 days; prepare and sign reports that document the results of the inspections; and maintain a Storm Water Pollution Prevention Plan (SWPPP) at the property at all times. On July 3, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations and the 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 June 13, 2014 the RIDEM inspected the property. The inspection revealed that the Respondent failed to maintain a SWPPP at the property and conduct inspections and prepare and sign reports that document the results of the inspections. In the NOV, the OC&I assessed an administrative penalty of $3,000. The Respondent did not file an appeal of the NOV. The Respondent paid an administrative penalty of $1,250 to fully resolve the NOV.

August 7, 2014 - OWTS File No. CI02-0126 re: Jean Jordan for property located at 63 Pottersville Road, Assessor's Plat 38, Lot 40 in the town of Little Compton. The property includes a dwelling assessed by the town of Little Compton as a 2-bedroom single family mobile home. On July 31, 2007 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage from the individual sewage disposal system (ISDS) that is located on the property to the surface of the ground. The Respondent owned the property at the time the NOV was issued. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the ISDS as needed to prevent overflows, and repair the ISDS. In the NOV, the OC&I assessed an administrative penalty of $1,600. The Respondent did not file an appeal of the NOV. The ISDS was repaired, and the OC&I received a check for the full amount of the administrative penalty assessed in the NOV to resolve the case.

August 7, 2014 - OWTS File CI 05-182 re: Lynn A. Soscia for property located at 9 Anthony Street, Assessor's Plat 55, Lot 25 in the town of Coventry. The property includes a 4 family apartment building. On May 16, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. The Respondent owned the property at the time the NOV was issued. On September 26, 2005 and May 5, 2011 the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the plumbing from the building to the town sanitary sewerage system and properly abandon the OWTS in accordance with the RIDEM's OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $2,800. The Respondent did not file an appeal of the NOV with the AAD. The Respondent complied with the Order section of the NOV, and the OC&I received a check for the full amount of the administrative penalty assessed in the NOV to resolve the case.

August 13, 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 (Remediation Regulations). 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. Neither Omni 1C nor Omni Combined filed an appeal of the NOV with the AAD. On May 21, 2014 the RIDEM received a Remedial Encapsulation Plan (REP) submitted on behalf of Omni 1C and Omni Combined by Hoffman Engineering, Inc. On June 4, 2014 the REP was approved by the DEM (Approval). In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and Omni 1C and Omni Combined executed a Consent Agreement to resolve the NOV. Omni 1C agreed to complete the remedial work in accordance with the Approval within 120 days and submit a closure report to the RIDEM within 60 days of completion of the work. Omni 1C and Omni Combined agreed to pay a penalty of $7,500, which was paid upon signing of the Consent Agreement. CJF had previously paid the penalty of $1,250 to resolve the NOV as it pertained solely to CJF.

August 21, 2014 - Water Pollution File No. 02-04 x-ref. RISUIC File No. 00596 re: Victor and Loretta A. Gough for property located at 661 West Shore Road, Assessor's Plat 318, Lot 48 in the city of Warwick. The property includes an automotive repair business. On October 1, 2002 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act, the RIDEM's Rules and Regulations for Groundwater Quality and the RIDEM's Underground Injection Control Program Rules and Regulations. The violation pertained to the discharge of petroleum contaminated water into a floor drain located in the automotive garage, which then discharged into the onsite wastewater disposal system (OWTS). On May 6, 1999 and October 13, 1999 the RIDEM sent correspondence to the Respondents describing the required actions to comply with the RIDEM's regulations. The required actions included the permanent closure of the floor drain and the OWTS. The Respondents properly closed the floor drain and connected the sewerage system for the property into the city sanitary system; however, the Respondents failed to properly close the OWTS. In the NOV, the OC&I ordered the closure of the OWTS and assessed a penalty of $2,500. The Respondents did not file an appeal of the NOV and sold the property to Seaward 661 West Shore Road Property, LLC without having complied with the NOV. The NOV was not recorded, as the OC&I did not have the authority to record NOVs for water pollution violations at that time. The OC&I recently inspected the property, which revealed that the property is fully paved with asphalt. Given the conditions of the property and the low environmental risk posed by the remaining violation, the OC&I decided to close the case.

August 22, 2014 - Freshwater Wetland File No. FW C07-0293 re: Walter Armstrong for property located at 1 Almy Street, Assessor's Plat 28, Lot 91, in the town of Johnston. The Respondent owns the property. On November 14, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The violations pertained to clearing, filling (in the form of at least soil material, boulders, rocks, stones, and various landscape features), grading, and creating soil disturbance within a Swamp, portions of which are also within Riverbank Wetland and Floodplain; clearing, filling (in the form of soil material, crushed stone, rocks, boulders, wood chips, various structures, fencing, and other various materials), grading, and creating soil disturbance within Riverbank Wetland, portions of which are also within Perimeter Wetland and Floodplain; clearing, filling (in the form of soil material and fencing material), grading, and creating soil disturbance within a second Perimeter Wetland, portions of which are also within a second Riverbank Wetland and Floodplain; and filling (in the form of soil material, crushed stone, rocks, structures, fencing and other various materials) and grading within zones of Floodplain which lie outside of other freshwater wetlands. This activity resulted in the unauthorized alteration of approximately 1.7 acres of freshwater wetland. The OC&I inspected the property on September 5, 2007 and November 29, 2007 and documented the violations. In the NOV, the OC&I ordered the Respondent to restore the altered wetlands. The OC&I assessed an administrative penalty of $3,750. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent submitted several documents to the OC&I. The OC&I learned that Rhode Island Tack Shop, Inc. operates a business on the property that is engaged in the wholesale and retail sales of horse equipment and boarding of surrogate mares and that the corporation meets the definition of a farmer as that term is defined in Rhode Island's Freshwater Wetlands Act. The Respondent also demonstrated that the work undertaken to repair/replace a section of the stone masonry wall met the exemption in the RIDEM's Freshwater Wetland Regulations. The Respondent submitted a plan to the OC&I on June 23, 2014 to restore the wetlands, which led to the execution of a Consent Agreement between the OC&I and the Respondent to resolve the NOV. The Respondent agreed to restore the altered wetlands in accordance with the plan by June 1, 2015. The Respondent also agreed to pay an administrative penalty of $3,750 in the form of a cash payment of $1,200 and the completion of a Supplemental Environmental Project (SEP). The SEP involves the placement of a conservation easement on a portion of the property. The OC&I gave the Respondent a credit of $2,550 for this SEP. The cash payment was paid upon execution of the Agreement.

August 27, 2014 - Water Pollution File No. 13-83 X-ref RIPDES RI0023485 re: Metals Recycling L.L.C. for property located at 89 Celia Street in the town of Johnston. The property includes a facility that is engaged in processing, separating, sorting and stockpiling scrap metal and associated by-products. On June 17, 2009 the RIDEM issued a Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit to the Respondent that became effective on July 1, 2009. The permit authorizes the Respondent to discharge storm water from the facility to an unnamed tributary flowing into the Woonosquatucket River. The permit requires the Respondent to: comply with all of the terms and conditions of its Storm Water Pollution Prevention Plan (SWPPP); take all reasonable steps to minimize or prevent any discharge in violation of the permit which has a reasonable likelihood of adversely affecting human health or the environment; at all times maintain in good working order and operate as efficiently as possible all systems of treatment and control used to achieve compliance with the permit; operate back up or auxiliary facilities or similar systems when necessary to achieve compliance with the permit; collect water samples from the outfall each quarter of the calendar year and analyze the samples, for among other pollutants, total iron and total zinc; compare the analytical results to benchmark concentrations in the permit that are used to evaluate the overall effectiveness of the SWPPP; submit a discharge monitoring report (DMR) each quarter to the RIDEM and include in the DMR a report that compares the analytical results to the benchmark concentrations; and give advance notice to the RIDEM of any planned changes in the facility or activity which may result in noncompliance with the permit. On July 13, 2012 the Respondent submitted the SWPPP to the RIDEM. The SWPPP requires the Respondent to treat all storm water generated at the facility from the first inch of rainfall, which is equal to 350,000 gallons and treat the storm water by a system that includes 4 pumps, an aeration/equalization tank, sediment forebay and bioretention swale (Stormwater Treatment System). The Stormwater Treatment System became operational in July 2012. On May 13, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations and the 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 July 15, 2013 the RIDEM received a DMR and cover letter that was signed by GZA GeoEnvironmental, Inc. (GZA) on behalf of the Respondent. GZA stated that: the Stormwater Treatment System was inspected on a weekly basis and found to be in compliance, with the exception of storm water pump fault; the stormwater pumps were currently being reviewed and repaired by the manufacturer; on June 28, 2013 water samples were collected during a rainfall event from the outfall; and the results showed levels of total iron of 4.29 mg/L and total zinc of .502 mg/L. On September 20, 2013 the RIDEM received a letter from the Respondent in response to the RIDEM's request for further information concerning the stormwater pumps. The Respondent stated that between October 2012 and May 2013 the pumps experienced intermittent interruptions due to electrical faults; however, an inspection revealed no cause for the faults. In May 2013 the pumps completely failed and were removed and sent to the manufacturer on July 8, 2013. On September 4 and 5, 2013 the pumps were repaired and installed at the facility. No back up pumps were installed during this period and during the period the stormwater pumps were inoperable the Stormwater Treatment System was inoperable. The RIDEM reviewed rainfall data and determined that during this period 16 rainstorms occurred that resulted in the discharge of untreated stormwater and that the total amount discharged was about 3.0 million gallons. The RIDEM also reviewed DMR data and determined that the untreated stormwater had levels of total iron and total zinc that were well above the benchmark concentrations. The RIDEM believed the Respondent failed to: comply with its SWPPP and its permit; take all reasonable measures to minimize or prevent the discharge and operate the Stormwater Treatment System as efficiently as possible by installing temporary pumps; and give advance notice to the RIDEM of the inoperable Stormwater Treatment System. In the NOV, the OC&I ordered the Respondent to revise its Stormwater Treatment System Operation and Maintenance plan to address the installation of temporary pumps during periods when the stormwater pumps are inoperable and comply with the plan upon approval by the RIDEM. The OC&I assessed an administrative penalty of $100,000. The Respondent filed an appeal of the NOV with the AAD. After the appeal was filed, the Respondent submitted several documents to the OC&I. The OC&I determined that the Respondent undertook all reasonable actions to investigate and correct the problems associated with the pumps and that no short term actions could have been taken to minimize the discharges of untreated stormwater. Based on this determination the OC&I recalculated the administrative penalty to $50,000. The Respondent also demonstrated that it purchased 2 additional back up pumps that will be kept at the property for use if problems arise with the main pumps. The OC&I agreed that the 2 additional back up pumps were above and beyond what the Respondent is legally required to do and that this was an appropriate Supplemental Environmental Project (SEP). The OC&I provided the company with a SEP credit of $15,000 for the pumps. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and paid an administrative penalty of $35,000 to fully resolve the NOV.

August 28, 2014 - OWTS File No. 12-53 and CI 12-42 re: KSL-SK, Inc. for property located at 3033 & 3045 Tower Hill Road, Assessor's Plat 18-2, Lots 11 & 12 and Plat 18-3, Lots 13 & 14 in the town of South Kingstown. The property includes a commercial development and is owned by the Respondent. On March 29, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On March 20, 2012, the OC&I inspected the property and documented the violation. On April 2, 2012, the OC&I issued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. On August 3, 2012, in response to the notice, the Respondent submitted an application to RIDEM to repair the OWTS. On August 23, 2012 the RIDEM returned the application as unacceptable. The RIDEM cited specific deficiencies in the application that the Respondent was required to correct. The Respondent failed to resubmit the application to the RIDEM. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, resubmit the application that corrects the deficiencies RIDEM identified, and repair the OWTS in accordance with an approval issued by the RIDEM. The OC&I assessed an administrative penalty of $5,800. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent repaired the OWTS and paid an administrative penalty of $2,800 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

August 21, 2014 - Freshwater Wetland File No. FW C10-161 and Superior Court File No. PM 14-1493 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Robert Studley Jr. and Gary Studley for property located at 193 Weaver Hill Road in the town of West Greenwich. The Defendants own the property. On March 20, 2012 the RIDEM issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, excavating and filling (in the form of at least soil material) within Swamp and clearing, excavating, and filling (in the form of at least soil material) within Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 85,000 square feet of freshwater wetland. On August 17, 2010, the RIDEM inspected the property and documented the violations. In the NOV, the RIDEM ordered the Defendants to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The RIDEM assessed an administrative penalty of $8,000. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On March 17, 2014 the RIDEM filed a complaint in Superior Court and asked the court to order the Defendants to comply with the NOV and pay the administrative penalty assessed in the NOV. The RIDEM and the Defendants signed a Consent Order that was executed by the Court to resolve the complaint. The Defendants agreed to restore the altered wetlands by September 30, 2014.

August 28, 2014 - UST File No. 02-00544 and Superior Court File No. PC13-4932 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant C. & J. O'D., Inc. for property located at 92 Sunnyside Avenue, Assessor's Plat 3B, lot 97, in the city of Woonsocket. The Defendant owns the property. The property was formerly operated as a gasoline service station (facility). The facility is registered with the RIDEM pursuant to the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). During operation of the facility, 3 undergound storage tanks (USTS or tanks) were located on the property. The tanks were used for the storage of gasoline products. On November 16, 2000, the RIDEM issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's UST Regulations. The violations involved the failure to permanently close any tanks that have been removed from service for longer than 180 days and prohibiting the abandonment of the tanks and their associated systems. The RIDEM ordered the submission of a permanent closure application and complete removal of the tanks. The Defendant was also ordered to submit a closure assessment that may in turn require a site investigation report and a corrective action plan. The RIDEM assessed a penalty in the amount of $15,000. The Defendant appealed the NOV to the AAD. The Defendant failed to apprise the AAD hearing officer of its inability to appear at a pre-hearing conference, so on December 9, 2002 the hearing officer issued a final order of default and dismissed the appeal at the AAD. The final order of default required the Defendant to comply with the NOV. The Defendant failed to comply with the NOV. On October 3, 2013 the RIDEM filed a complaint in Superior Court and asked the court to order the Defendant to comply with the Order section of the NOV and pay the administrative penalty assessed in the NOV. The Court issued a final judgment that ordered the Defendant to comply with the NOV within 90 days and ordered the Defendant to pay the administrative penalty of $15,000 within 30 days.