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

 
December 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 December 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:

December 1, 2006 - OC&I/ISDS File No. CI99-160 re: Sun Valley LLC for property located at 1219 Main Street, Assessor's Plat 5B, Lot 4, in the Town of Richmond. The property includes a motel identified as the Sun Valley Motel and is owned by Sun Valley LLC. Sun Valley LLC purchased the property on October 10, 2001. OC&I alleges that the Respondent is 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 the discharge of sewage from the septic system on the property to the surface of the ground. On July 30, 1999 OC&I issued a Notice of Intent to Enforce (NOI) to the Sun Valley, Inc. (the Former Owner) for a sewage discharge that was observed on July 13, 1999. The Former Owner 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. A follow up inspection on November 14, 2000 revealed that sewage was again evident on the surface of the ground. On November 22, 2000 OC&I issued a second NOI to the Former Owner. The Former Owner submitted an application to RIDEM to repair the failed ISDS. The application was returned to the Former Owner with deficiencies; however, a revised application was never resubmitted to RIDEM. Inspections by OC&I on February 7, 2001 and May 10, 2001 revealed continued sewage discharges to the ground surface. Inspections performed by OC&I on May 29, 2002, October 27, 2003, February 25, 2004, and August 26, 2005, after the property was purchased by the Respondent, revealed no evidence of sewage discharges to the ground surface. The manager for the Respondent advised the OC&I inspector that the ISDS was being pumped every 20-25 days by a licensed septage hauler and that it was the Respondent's intention to install a new ISDS. On January 17, 2006 OC&I issued an NOI to the Respondent requiring the submission of a repair application to DEM within 30 days. 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 and repair the ISDS. OC&I assessed an administrative penalty in the amount of $600.00.

December 1, 2006 - OC&I/ISDS File No. CI96-165 re: David Van Horn for property located at 229 Shannock Village Road, Assessor's Plat 10D, Lot 27, in the Town of Richmond. The property includes a single family dwelling and is owned by the Respondent. OC&I alleges that the Respondent is 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 the discharge of sewage to the surface of the ground directly from the sewer pipe for the dwelling. On June 25, 1996 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondent for discharges of sewage to the surface of the ground that were observed on May 22, 1996 and June 21, 1996. The Respondent was required to install an ISDS. A follow up inspection on August 6, 1996 revealed that sewage was still evident on the surface of the ground. On August 8, 1996 RIDEM issued a second NOI to the Respondent. Inspections by RIDEM on September 9, 1996, April 9, 1998, June 23, 1999, May 10, 2001, and November 15, 2001 revealed continued sewage discharges to the ground surface. The Respondent failed to comply with the NOIs. On August 8, 2006 OC&I reviewed records with the town that revealed that the Respondent was still the owner of the property and still resides at the dwelling. In the NOV the Respondent was ordered to install an ISDS. OC&I assessed an administrative penalty in the amount of $3,000.00.

December 4, 2006 - OC&I/Septic System File No. CI 04-152 re: Philip J. Martin and Rhonda M. Martin for property located at 85 Burgess Drive, Assessor's Plat 343, Lot 425 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondents. 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 the discharge of sewage from the septic system on the property to the surface of the ground. On July 16, 2004 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents for a sewage discharge to the surface of the ground that was observed that day. 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. On July 22, 2004 Respondent Philip Martin submitted a letter to OC&I in response to the NOI. Mr. Martin stated that he would keep the ISDS pumped to prevent overflows of sewage and connect to the public sewers which would be available in 2005. A follow up inspection on August 22, 2006 revealed that sewage was evident on the surface of the ground from the ISDS and laundry waste was evident on the surface of the ground. OC&I issued a second NOI to the Respondents on August 22, 2006. On September 5, 2006 Mr. Martin submitted a response to the NOI. Mr. Martin stated that the laundry discharge was stopped and that he would continue to pump the ISDS as necessary until sewers are available, at which time they will connect to the sewers. Upon information and belief, sewers will not be available for at least 2 years. 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 $1,600.00.

December 4, 2006 - OC&I/Septic System File No. CI 97-119 re: John and Jeanne Wright for property located at 82 Levesque Street, Plat 262, Lot 313 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondents. 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 the discharge of sewage from the septic system on the property to the surface of the ground. On May 12, 1997 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondents for a discharge of laundry waste to the surface of the ground that was observed on May 7, 1997. The Respondents were required to cease the laundry discharge and submit a plan for a permanent solution to the violation. The Respondents failed to respond to the NOI. A follow up inspection performed by OC&I on March 23, 2006 revealed that sewage was evident on the surface of the ground from the ISDS and laundry waste was evident on the surface of the ground. OC&I issued a NOI to the Respondents on March 23, 2006. The NOI required the Respondents to cease the laundry discharge, pump the septic system as needed to prevent sewage overflows, retain a licensed designer to evaluate the ISDS to determine the cause of the failure, and propose a solution to the violations. An inspection by OC&I on July 21, 2006 revealed no evidence of a sewage overflow or laundry discharge to the ground surface; however, to date, the Respondents have failed to comply with the NOIs. 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 $800.00.

December 4, 2006 - OC&I/Septic System File No. CI 93-569 re: Leslie A. Mathews for property located at 99 Charlotte Drive, Plat 201, Lot 134 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondent. OC&I alleges that the Respondent is 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 the discharge of sewage from the septic system on the property to the surface of the ground. On August 4, 2000 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent for a discharge of laundry waste to the surface of the ground that was observed on June 16, 2000. The Respondent was required to cease the laundry discharge and submit a plan for a permanent solution to the violation. The Respondent failed to respond to the NOI. A follow up inspection performed by OC&I on August 31, 2006 revealed that the ISDS was failed as evidenced by the observation that the sewage level in the ISDS was full and the inlet pipe was submerged. OC&I issued a NOI to the Respondent on August 31, 2006. The NOI required the Respondent to pump the septic system as needed to prevent sewage overflows, retain a licensed designer to evaluate the ISDS to determine the cause of the failure, and propose a solution to the violation. To date, the Respondent has failed to comply with the NOIs. 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 $800.00.

December 4, 2006 - OC&I/Septic System File No. CI 05-26 re: James V. Hillas and Pauline Louise Hillas for property located at 104 Brinton Avenue, Plat 380, Lot 134 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondents. 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 septic system on the property. On July 5, 2005 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents for a failed septic system that was observed on that day. The Respondents were required to pump the ISDS as needed to prevent sewage overflows, retain a licensed designer to evaluate the cause of the violations, and repair the ISDS, if necessary. The Respondents failed to respond to the NOI. A follow up inspection performed by OC&I on August 28, 2006 revealed that the ISDS was again failed. OC&I issued a second NOI to the Respondents on August 28, 2006. To date, the Respondents have failed to comply with the NOIs. 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.

December 4, 2006 - OC&I/Septic System File No. CI 02-207 re: Donald G. Hammond and Dorothy E. Hammond for property located at 122 Arlington Avenue, Plat 356, Lot 143 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondents. 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 the discharge of sewage from the septic system on the property to the surface of the ground. On October 30, 2002 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents for a discharge of sewage to the surface of the ground that was observed on October 2, 2002. The Respondents were required to pump the ISDS as needed to prevent overflows, retain a licensed designer to evaluate the ISDS, and repair the ISDS, if necessary. On November 6, 2002 Respondent Donald Hammond contacted OC&I in response to the NOI. Mr. Hammond stated that he would have the ISDS pumped the next day and have an inspection of the system performed within the next 3-4 weeks. The Respondents failed to provide any further information to OC&I. A follow up inspection performed by OC&I on August 30, 2006 revealed that sewage was again evident on the surface of the ground. OC&I issued a second NOI to the Respondents on August 30, 2006. On November 3, 2006 OC&I was contacted by Ms. Jennifer Hammond in response to the NOI. Ms. Hammond stated that she had the ISDS pumped after receipt of the NOI and would have the system evaluated by a licensed designer. To date, the Respondents have failed to comply with the NOIs. 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 $1,600.00.

December 13, 2006 - OC&I/Septic System File No. CI 03-33 re: Michael F. Scudieri and Patricia Scudieri for property located at 26 York Drive, Plat 22, Lot 23 in the Town of Coventry. The property includes a single family dwelling and is owned by the Respondents. 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 the discharge of sewage from the septic system on the property to the surface of the ground. On April 24, 2003 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents for a discharge of sewage to the surface of the ground that was observed on March 3, 2003. The Respondents were required to pump the ISDS as needed to prevent overflows, retain a licensed designer to evaluate the ISDS, and repair the ISDS, if necessary. On October 6, 2003 Respondent Patricia Scudieri contacted OC&I in response to the NOI. Mrs. Scudieri stated that the plumbing in the bathroom was repaired and that corrected the problem and that she would have the system evaluated by a licensed designer. The Respondents failed to provide any further information to OC&I. A follow up inspection performed by OC&I on March 8, 2006 revealed that sewage was again evident on the surface of the ground from the ISDS and that a laundry discharge was evident on the ground surface. OC&I issued a second NOI to the Respondents on March 8, 2006. On March 15, 2006 the Respondents submitted a letter to OC&I in response to the NOI. The Respondents stated that the ISDS was pumped, the laundry discharge was stopped, and they were investigating connecting to the town sewers. Inspection of the property by OC&I on September 20, 2006 revealed a continued overflow of sewage from the ISDS and a laundry discharge. To date, the Respondents have failed to comply with the NOIs. 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 $3,000.00.

December 19, 2006 - OC&I/AIR File No. 06 - 05 re: ACN-Providence, LLC. The Respondent owns and operates a facility that is a major source of air pollutants subject to federal and state Air Pollution Control ("APC") Regulations. The facility is located at 455 George Washington Highway in the Town of Smithfield. The Respondent is the holder of an Operating Permit No. RI-04-00(R2) issued by the RIDEM Office of Air Resources. The OC&I alleges that the Respondent is in violation of APC Regulation No. 29 entitled "Operating Permits" and RI General Law Title 23, Chapter 23-23 entitled "Rhode Island Clean Air Act". The violations pertain to Respondent's failure to comply with specific requirements of its Operating Permit issued by RIDEM including: failure on 38 occasions to maintain a specific minimum operating temperature when using Respondent's afterburner to control air pollutants during drum reconditioning processes; failure to submit an annual compliance certification and two semi-annual monitoring report for 2004; failure to keep records pertaining to degreaser operator training; and failure to keep a log for Respondent's waste heat boiler's alternate operating scenario. In the NOV, the OC&I ordered the Respondent to document and determine the fuel savings it had the benefit of as a result of having fired its natural gas afterburner at any temperature below the required 1800 degrees Fahrenheit, ordered the Respondent to submit degreaser training records within 60 days or cease operating and permanently shut down its degreaser; submit a copy of a log created to document boiler operating scenario changeovers and maintain said log upon use; and submit legible copies of the Respondent's afterburner's temperature chart recordings and corresponding drum production sheets from April 19, 2005 to December 19, 2006. The OC&I assessed a penalty in the amount of $192,000.00 for Respondent's noncompliance and further informed the Respondent of OC&I's intent to assess economic benefit penalties in addition to gravity penalties already assessed following receipt of documents ordered in the NOV. The Respondent has filed an appeal of the NOV with the AAD.

December 21, 2006 - OC&I/Solid Waste File No. 05 - 015 re: Richmond Sand & Gravel, Inc. for alleged violations observed on property located southwesterly of the intersection of Division Road and Hopkins Hill Road in the Town of West Greenwich. The property is part of the Big River Management Area under the control and management of the RI Water Resources Board. The Respondent is registered with RIDEM's Office of Waste Management to operate a Putrescible Waste Composting Facility. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act, specifically Rhode Island General Law Section 23-18.9-5 and Solid Waste Regulation No. 8, Solid Waste Composting Facilities, Rule 8.7.41. The violations pertain to disposal of solid waste at other than a licensed solid waste management facility and failing to meet compost distribution requirements. The RI Water Resources Board leased the subject property to Amgen, Inc. for construction and use of a temporary employee parking area. Amgen, Inc. was required by the RI Water Resources Board to remove all construction and restore the property when temporary parking needs were over. Upon information and belief, Amgen, Inc. hired the Respondent to provide compost material to meet restoration requirements for the property. On 18 and 26 July 2005 an inspection by representatives of the OC&I revealed that approximately 8,230 cubic yards of processed (shredded) and treated wood, metal and plastic had been disposed on the property. The Water Resources Board informed the OC&I that the material was supposed to be compost material for stabilization of the property and was brought to the property by the Respondent on or about 2 May 2005. The OC&I evaluated specific samples of the material on the property and determined that the material did not meet Compost Quality requirements set forth in RIDEM's Solid Waste Regulations. By regulation, processed material marketed as compost that does not meet the regulatory standards for Class A, Class B or Class C compost is solid waste. As a result of OC&I's investigation and determination that the material was solid waste, the Respondent removed the waste material from the property and the completion of the removal was confirmed on 23 November 2005. In the NOV, the OC&I assessed a penalty in the amount of $51,945.00 for Respondent's noncompliance.

December 21, 2006 - OC&I/Solid Waste File No. 06-007 re: Richmond Realty Associates, LLC for alleged violations found on property located at 116 Kingstown Road, Assessor's Plat 5C, Lot 5 in the Town of Richmond. The property is adjacent to the Richmond Sand & Gravel putrescible waste composting facility and is owned by the Respondent. John Aiello, Jr. is Respondent's managing partner and the former president of Richmond Sand & Gravel, Inc. The OC&I alleges that Respondent is in violation of Rhode Island's Refuse Disposal Act, specifically Rhode Island General Law Section 23-18.9-5 and RIDEM Solid Waste Regulation Number 1.4.01. The violations pertain to disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. On 13 September 2005, 8 February 2006 and 30 March 2006, representatives of RIDEM's Office of Waste Management inspected the property and determined that the Respondent had deposited paper pulp waste mixed with wood chips, leaves, tree limbs, pieces of plastic bagging and other similar solid waste onto the ground. As of 30 March 2006, the RIDEM inspector determined that the area where waste had been deposited covered as much as 10 acres varying from a few inches on the periphery to at least three feet in depth in several interior portions of the waste deposit area. On 26 April 2006, the Office of Waste Management issued a Notice of Intent to Enforce ("NOI") to the Respondent. The NOI required submission of a plan for removal of the waste and proper disposal of the solid waste currently placed at the property by August 30, 2006. The Respondent failed to comply with the NOI. On 21 August 2006, Richmond Sand & Gravel, Inc. provided information to RIDEM's Office of Waste Management that estimated the amount of waste to be 64,533 cubic yards. In the NOV, the OC&I is ordering the Respondent to cease operating a solid waste management facility without a license and to remove and properly dispose of all solid waste from the property within 90 days of receipt of the NOV. A penalty in the amount of $50,000.00 was assessed for Respondent's noncompliance.

December 21, 2006 - OC&I/UST File No. 05 - 02121 re: Salem Silveira Land Company, LLC and George Bernardino for property located at 943 Main Street, Assessor's Plat 15C, Lot 14 in the Town of Warren. The property contains two 8,000-gallon gasoline underground storage tanks ("USTs") on the property. Salem Silveira Land Company, LLC is the owner of the property. Salem's Gas and Market, Inc. formerly operated the USTs on the property. George Bernardino doing business as Pop's Filling Station II is the operator of the UST facility on the property. 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"). The violations pertain to Respondents' failure to comply with UST Regulation No. 8.03 relating to RIDEM's Environmental Response Program for UST owners and operators. In order to comply with this regulation, all owners and operators of a UST facility were to have filed compliance certification checklists, certification statements and a return to compliance plan if deficiencies were identified by the owner/operator no later than 28 June 2005. On 28 December 2005, the OC&I issued a NOV to Respondent Salem Silveira Land Company, LLC and to Salem's Gas and Market, Inc. alleging that the Respondents violated UST Regulation No. 8.03. No hearing was requested and neither Respondent complied with the NOV. On 2 January 2006, the registered agent for Salem's Gas and Market, Inc. submitted a letter to the OC&I stating that the location had been sold on 17 June 2005 to Respondent George Bernardino and that the new owner was informed of the requirements of UST Regulation No. 8.03. A review of the land evidence records of the Town of Warren revealed that Respondent Salem Silveira Land Company, LLC is still the owner of the property. As of 21 December 2006, the Respondents had not complied with UST Regulation No. 8.03. In the NOV, the OC&I ordered the Respondents to comply with Regulation No. 8.03 and assessed a penalty in the amount of $3,000.00.

Formal Enforcement Cases Settled or Resolved:

None settled or resolved this month.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None resolved this month.

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rev. 1/18/07