Actions Settled or Resolved
This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of December 2001. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.
Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.
Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to email@example.com. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.
December 5, 2001 - OC&I/Water File No. CI 1425 re: TLC Boiler Service and Timothy Cody and Linda Cody for property located at 18 Calumet Avenue, Johnston. The OC & I alleges that the Respondents violated Rhode Island's Water Pollution Control Act and RIDEM's Water Quality Regulations and Oil Pollution Regulations. The violations pertain to the Respondent's release of oil onto the ground and into a storm water drainage system that empties into the Woonasquatucket River. The oil spill occurred during a routine service delivery when a worker for the Respondents overfilled the oil tank. The worker washed the spilled oil into a nearby catch basin. The Respondents failed to notify the DEM of the oil spill once notified by their employee that a spill had occurred and further exacerbated the violation by washing more oil and a degreasing agent into the catch basin. A penalty of $5,000 was assessed against the Respondents.
December 7, 2001 - OC&I/Solid Waste File No. 01-031 and Wetlands File No. C01-0062 re: Joseph R. Vinagro for property located on Shun Pike, Assessor's Plat 32, Lot 1 in the Town of Johnston. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act and Freshwater Wetlands Act including the Rules and Regulations relating to enforcement of the Act. The Refuse Disposal Act violations pertain to operating a solid waste management facility without a license and disposal of solid waste at other than a licensed solid waste management facility. These violations relate to storage of over 31,000 cubic yards of processed construction and demolition debris on the property. The freshwater wetland violations pertain to unauthorized alterations of regulated wetland types including riverbank, swamp, perimeter wetland and an emergent plant community. The unauthorized alterations were from filling, grading, clearing or creating soil disturbance and resulted in a total area of wetland disturbance of approximately 136,750 square feet or 3.14 acres. The OC&I ordered the Respondent to cease acceptance or disposal of any solid waste and to cease operation of a solid waste management facility. The Respondent was further ordered to remove the solid waste and dispose of the waste at a licensed solid waste management facility. The Respondent was ordered to cease alterations of freshwater wetlands and to restore the wetlands already altered without a permit. A penalty in the amount of $218,634.00 was assessed in the NOV, with $54,000.00 of this for the gravity of the violations and $164,634.00 representing economic benefit for noncompliance.
December 11, 2001 - OC&I/AIR File No. 01-11 re: Blount Seafood Corporation for its facility located at 383 Water Street in the Town of Warren. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulations No. 6 entitled "Continuous Emissions Monitors" and No. 9 entitled "Air Pollution Control Permits". The violations pertain to Respondent's installation of a temporary boiler at its facility without first obtaining a minor source permit from the Director and then operating the boiler without a required emissions opacity monitor and audio alarm. The Respondent achieved compliance with the regulations after meeting with RIDEM's Office of Air Resources and subsequently making mechanical modifications to the boiler. A penalty in the amount of $1,500.00 was assessed in the NOV.
December 11, 2001 - OC&I/AIR File No. 01-10 re: Charbert Division of NFA Corp. for its facility located at 299 Church Street, Wood River Junction, in the Town of Richmond. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulations No. 1 entitled "Visible Emissions" and No. 6 entitled "Continuous Emissions Monitors". The visible emissions violation pertains to the Respondent's emission of air contaminants with greater than or equal to 20 percent opacity for more than three minutes in one hour. The emission monitor violation pertains to the facility's operation of fossil fuel fired steam generating units without a fully operational and properly calibrated emissions opacity monitor with an audio alarm. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $1,750.00.
December 18, 2001 - OC&I/RCRA File No. 01-035 re: Safety-Kleen Systems, Inc. and its Hazardous Waste Transporter Permit #484. The OC&I alleges that the Respondent violated multiple sections of RIDEM's Rules and Regulations for Hazardous Waste Management regarding the transportation of hazardous waste in Rhode Island. The violations were discovered during a routine inspection of hazardous waste transporters using Route 95 in the State of Rhode Island. The violations pertain to the Respondent's failure to post in the cab of its vehicle a list of roads on which the transportation of extremely hazardous waste is prohibited; failure to post emergency procedures in the event of a spill; failure to mark both sides of its transportation vehicle with the RI permit number; failure to provide protective clothing for the operator; and failure to provide necessary safety equipment for transporting hazardous waste. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $3,250.00.
December 20, 2001 - OC&I/UST File Nos. 00602 and 00604 re: The City of Newport for underground storage tanks ("UST") at the City's Micro Strainer on Wellington Avenue and its wastewater treatment facility's force main pump station at 110 Long Wharf. The OC&I alleges that the Respondent violated multiple sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The City has one UST at Wellington (unregistered) and 2 USTs at Long Wharf. There was no prior notice to or approval from the DEM for the installation of the unregistered tank. On 14 January 1999, DEM issued two Notices of Intent to Enforce to the City advising the City that it was not compliant with corrosion protection upgrade requirements for USTs at the facilities. On 24 August 2000, DEM inspected the facilities and found no corrosion protection upgrade for the unregistered tank at Wellington Ave.; no interstitial continuous monitoring systems; and no overfill protection. The vent piping and fill ports for 2 previous tanks at Wellington Avenue were still in place. There was no corrosion protection upgrade for a UST at Long Wharf. The same UST was not equipped with interstitial continuous monitoring system and had no overfill protection. The other UST at Long Wharf did not have a spill containment basin. The fill port for one of the tanks was not labeled and it had not been fitted with a submerged fill tube. By 2 letters dated 15 September 2000, the City was advised of the noncompliance, was required to submit a plan of remediation and either rectify the problems or permanently close the USTs. To date, the City has not complied. The OC&I ordered compliance with the UST Regulations or closure of the USTs. A penalty in the amount of $38,110.00 was assessed in the NOV.
December 27, 2001 - OC&I/Solid Waste File No. 01-049 re: Jean E. Nassar for property located at 10 Round Hill road, Assessor's Plat 22, Lot 35 in the Town of Foster. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act. The violations pertain to disposal of solid waste at other than a licensed solid waste management facility and operation of a solid waste management facility without a license. On January 31, 2001 RIDEM observed approximately 124 cubic yards of mixed solid waste on the property along with evidence that solid waste had been buried on the property. RIDEM issued a Letter of Noncompliance ("LNC") on February 13, 2001 requiring test pits to observe the extent of buried waste and requiring a plan of remediation for waste removal. Despite receiving a plan of remediation with a specified date of removal, RIDEM on subsequent dates observed continued disposal of solid waste and no evidence of solid waste removal. Over 100 cubic yards of additional waste has been deposited on the property since RIDEM issued its LNC. OC&I ordered the Respondent to cease accepting or disposing solid waste on the property, cease the operation of a solid waste management facility, submit a plan of remediation and commence removal of all waste within 10 days of plan approval. All waste is to be removed within 60 days of commencement. A penalty in the amount of $22,500.00 was assessed in the NOV.
December 13, 2001 - OC&I/AIR - Lead Paint File No. 00-03 re: Larry Arabian, d/b/a Larry Arabian Painting for property located at 366 Olney Street in the City of Providence. On September 28, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violation pertained to collection and containment of spent abrasive, paint, particulate, dust and/or other debris following the exterior lead paint removal project. The OC&I ordered clean up of the property and assessed a penalty of $1,250.00. The Respondent failed to request a hearing at the AAD but completed the cleanup of the property in question and fully complied with the order section of the NOV. In lieu of proceeding to Superior Court to collect the penalty, the Respondent and the OC&I executed a consent agreement to resolve the enforcement action by reducing the penalty to the amount of $625.00. The Respondent has paid the agreed upon penalty in full.
December 14, 2001 - OC&I/Solid Waste File No. 99-014 re: New England Ecological Development, Inc. and Solid Waste File No. 99-015 and Wetlands File No. C99-0016 re: Lewis A. Perrotti, Jr. On September 28, 1999, OC&I issued a NOV to Respondent Perrotti for property located at 70 Ridge Road, Assessor's Plat 43, Lot 104 in the Town of Scituate. The NOV alleged that Respondent Perrotti violated Rhode Island's Refuse Disposal Act by depositing approximately 11,553 cubic yards of solid waste in the form of what was supposed to be processed compost on the property. The processed compost met the definition of solid waste in accordance with the Solid Waste Regulations. In addition, Perrotti was cited for altering approximately 8,550 square feet of riverbank wetland without first obtaining a permit from the Director in accordance with the Freshwater Wetlands Act and applicable Regulations. The OC&I ordered removal of the solid waste and restoration of all unauthorized altered wetlands on the property. A penalty in the amount of $2,000.00 was assessed in the NOV. On September 28, 1999, the OC&I also issued a NOV to Respondent New England Ecological Development, Inc. ("NEED") for violations of the Refuse Disposal Act. The violations pertained to disposal of approximately 11,553 cubic yards of alleged processed compost that met the definition of solid waste on property owned by Respondent Perrotti. The OC&I ordered removal of the solid waste and assessed a penalty in the amount of $6,769.00 of which $1,000.00 was for the gravity of the violation and $5,769.00 related to the economic benefit for not disposing the material at a licensed solid waste management facility. Both Respondents NEED and Perrotti requested a hearing at AAD to contest the NOVs. Prior to hearing, the Respondents and the OC&I executed a consent agreement to resolve the enforcement actions. In the agreement, Respondent NEED agreed to remove the material from the property, document temporary storage of the material at its solid waste management facility located at 23 Green Hill Road, Johnston and transport all the material to the RI Resource Recovery Corp. solid waste management facility prior to February 1, 2002. Respondent Perrotti agreed to allow NEED to remove the material from the property and agreed to restore the riverbank wetland on the property by April 1, 2002. Respondent NEED agreed to a penalty in the amount of $1,000.00 and Perrotti agreed to a penalty in the amount of $1,500.00.
December 18, 2001 - OC&I/UST No. 00-01765 re: Saul & Co. as Custodian (Ajax Financial), C.R. Amusements, L.L.C., Andrew S. Richardson, Trustee, Rocky Point Amusements, Inc., and James C. Callahan for property located at One Rocky Point Avenue, Assessor's Plat 380, Lot One in the City of Warwick. On November 16, 2000, the OC&I issued a NOV to the Respondents alleging that the Respondents violated portions of the UST Regulations pertaining to corrosion protection upgrade requirements, precision testing requirements and installation of overfill protection. The OC&I ordered the complete removal and permanent closure of the Respondents' UST numbers 001 and 002 on the property. The Respondents were also ordered to submit a Closure Assessment that may in turn require a Site Investigation Report and a Corrective Action Plan. The OC&I assessed a penalty in the amount of $23,160.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the OC&I and Andrew S. Richardson, Trustee for C.R.Amusements, LLC executed a consent agreement to resolve the enforcement action. The consent agreement acknowledged that the USTs were properly closed on April 5, 2001. A penalty in the amount of $15,660.00 was agreed to; however, the corporation is in bankruptcy and RIDEM will have to await the conclusion of bankruptcy court proceedings to determine whether or not the penalty will actually be paid.
December 26, 2001 - OC&I/Wetlands File No. C00-0081 re: Charles Kennedy for property located at Assessor's Plat 217, Lot 80, in the City of Warwick. On November 2, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and sections of the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to filling a 100 - foot Riverbank Wetland with trailers, wood, and other debris. The OC&I ordered the Respondent to remove the trailers, wood, and other debris from the wetland and install plantings within the Riverbank Wetland. A penalty of $1,000.00 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the violation. The Respondent agreed to remove the trailers, wood, and other debris from the Riverbank Wetland, plant a row of trees along the edge of the wetland, allow the wetland to revegetate to a natural, wild condition, and pay a penalty in the amount of $400.00 to settle the enforcement action.