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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > December 2007 Summary

 
December 2007 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 2007. 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 4, 2007 - OC&I/Air File No. 07 - 12 re: Kearflex Engineering Company for Respondent's facility located at 66 Cypress Street in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The Respondent operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene ("TCE") at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air pollution control regulations. An inspection of the facility by an inspector of the Office of Air Resources ("OAR") on 4 November 2005 revealed that the Respondent failed to comply with multiple sections of APC Regulation No. 36 pertaining to equipment, operation, control, monitoring, recordkeeping and reporting requirements for Respondent's degreaser. On or about 9 November 2005, the OAR issued a Notice of Alleged Violations ("NOAV") to the Respondent citing the violations and requiring that the Respondent achieve compliance. The Respondent informed the OAR on or about 2 March 2006 that it planned to purchase and install a compliant vapor degreaser. On 10 August 2007 the OAR inspected Respondent's facility again and determined that the Respondent remained in noncompliance with multiple sections of APC Regulation No. 36. The OAR issued another NOAV on or about 11 September 2007 to the Respondent identifying all violations that were required to be corrected. Thereafter the OAR referred the case to the OC&I. In the NOV, the OC&I ordered the Respondent to achieve compliance with APC Regulation No. 36 and assessed a penalty in the amount of $15,500.00 for Respondent's noncompliance.

December 12, 2007 - OC&I/Freshwater Wetlands File No. 2007 1094 FW re: Commerce Park Realty, LLC ("CPR") for property located approximately 2800 feet northeast of the intersection of Centre of New England Boulevard and Hopkins Hill Road, Assessor's Plat 13, Lot 22, in the Town of Coventry. The OC&I alleges that the Respondent is in violation of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. On November 30, 2004 RIDEM Office of Water Resources-Freshwater Wetlands Permitting Program ("the FWPP") approved Respondent's Preliminary Determination application to construct a three hundred and eleven unit condominium development. On January 3, 2007 the FWPP approved Respondent's Permit Modification application (Revised Permit). Condition No. 5 required the Respondent to record the Revised Permit in the land evidence records and Condition No. 7 restricted the Respondent's water supply for the project to the municipal supply from the Kent County Water Authority and stated specifically that installation and use of wells for water supply was not authorized and would require a new application. On January 9, 2007 and January 11, 2007 inspections of the property by the OC&I revealed that 58 condominium units were constructed which included the installation of individual wells as a water supply, and 19 of the units were sold and occupied. On February 20, 2007 OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent requiring the Respondent to submit a Preliminary Determination application for the installation and use of wells as a water supply for the project and to cease further installation and use of wells as a water supply for the project until an approval was issued by the FWPP. On September 20 2007 the Respondent filed an application with the FWPP but the application was determined to be deficient. On October 26, 2007 the Respondent submitted plans that showed that 12 new wells were drilled after the issuance of the NOI and that 67 condominium units had been sold and were occupied. The OC&I determined that the Respondent failed to comply with the NOI and failed to comply with Conditions 5 and 7 of the Revised Permit. In the NOV, OC&I ordered the Respondent to cease further installation and use of wells for water supply for the condominium development on the Property until such time that an approval was issued by the FWPP, address all deficiencies in Respondent's application to the FWPP and ordered the Respondent to record the Revised Permit in the land evidence records. OC&I assessed an administrative penalty of $3,500.00.

December 20, 2007 - OC&I/Site Remediation File No. 07 - 002 re: N. A. J. Properties, LLC for property located at Howard Wharf, Assessor's Plat 32, Lot 48.7, 252 in the City of Newport. The OC&I alleges that the Respondent is in violation of RIDEM's Site Remediation Regulation 11.02 and Section H of an Environmental Land Use Restriction ("ELUR") dated December 19, 2003. The ELUR was recorded in the land evidence records. The violation pertains to Respondent's failure to evaluate the compliance status of the Property consistent with the requirements set forth in the ELUR and Respondent's failure to submit an evaluation report to the RIDEM on an annual basis from December 2004 to present. In the NOV, the OC&I ordered the Respondent to complete an evaluation and to submit the report detailing the findings of the evaluation within thirty days. The OC&I assessed a penalty in the amount of $3,000.00.

Formal Enforcement Cases Settled or Resolved:

December 5, 2007 - OC&I/Water Pollution File No. 06 - 147 re: Kent County Water Authority and LEC Corporation. The Kent County Water Authority ("KCWA") is the owner and operator of a public water distribution system that includes a potable water storage tank located at the intersection of Elton and Mead Streets in the Town of Coventry. KCWA awarded a contract to LEC Corporation to clean and inspect the potable water storage tank. On July 30, 2007 the OC&I issued an NOV alleging certain violations of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertained to the discharge of pollutants (in the form of rust colored sediment) to the waters of the State. In the NOV, OC&I assessed an administrative penalty of $6,250.00. Respondent Kent County Water Authority filed an appeal of the NOV with AAD. Respondent LEC Corporation did not file an appeal. Prior to an administrative hearing on the NOV, the OC&I and Respondent LEC Corporation executed a Consent Agreement to resolve the enforcement action. Respondent LEC Corporation agreed to pay an administrative penalty of $2,500.00 which was paid upon execution of the Agreement. Thereafter, OC&I dismissed the NOV against Respondent Kent County Water Authority.

December 7, 2007 - OC&I/Water Pollution File No. WP 07-113 re: Buttonwood Acquisition LP d/b/a Carnegie Harbor Village Marina and Carnegie Abbey Club Acquisition I LP. On September 17, 2007 the OC&I issued a NOV to the Respondents alleging certain violations of the Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Rules and Regulations for the Dredging and the Management of Dredged Material and RIDEM's Water Quality Regulations. The violation pertained to the release of sediment to the East Passage of Narragansett Bay as a result of a dredging project in a marina basin located in Portsmouth. Respondent Carnegie Abbey Club Acquisition I LP was issued a permit by RIDEM to dredge approximately 13,850 cubic yards of sediment (by mechanical means) from the East Passage of Narragansett Bay located off of the Town of Portsmouth. The purpose of the dredging was to create an entrance channel into a marina basin being constructed as part of an overall residential development project. Respondent Buttonwood Acquisition LP is the owner of the property under development. The conditions of the permit restricted dredging to the period from October 15 to January 31 for 2007 and 2008 and required that all dredging be conducted in accordance with a work plan that was approved by RIDEM on August 25, 2006. The work plan described how the dredged channel would be opened up into the excavated basin and stated that after removal of the steel sheeting (that separated the excavated basin from Narragansett Bay) work would be limited to final clean up of material upland of the permitted mean high water line by mechanical means by barge. On March 9, 2007 a biologist from the RIDEM Division of Fish & Wildlife conducted an inspection of the project. The inspection revealed that the sheet piling had been removed and that dredging was occurring within the marina basin. The RIDEM biologist observed that the marina basin and the area outside of the entrance to the basin in Narragansett Bay had a high turbidity, similar to coffee milk in appearance. In the NOV, OC&I assessed an administrative penalty of $6,250.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents argued that they were in compliance with the requirements of the permit but agreed to pay an administrative penalty of $2,500.00 to resolve the enforcement action. The penalty was paid upon execution of the Consent Agreement.

December 7, 2007 - OC&I/Freshwater Wetlands File No. C06-0025 re: Jason L. and Alyssa M. Polofsky for property located approximately 100 feet east of Fish Road, adjacent to house number 1390, approximately 2,600 feet northwest of the intersection of Fish Road and Jiley Hill Drive, at utility pole number 86, Assessor's Plat 113, Lot 85L in the Town of Tiverton. The property is owned by the Respondents. On March 30, 2007 the OC&I issued a NOV to the Respondents alleging certain violations of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to clearing, filling (in the form of at least soil material and stones), installing a pool, shed, lawn, and other property accessories, and installing a wooden crossing over a river. On May 15, 2006 a Notice of Intent to Enforce ("NOI") was issued to the Respondents requiring restoration of the unauthorized altered freshwater wetlands. The Respondents hired a consultant to propose a compromise plan to address the unauthorized alterations; however, a plan was never submitted to the OC&I. In the NOV the Respondents were ordered to restore the wetlands. OC&I assessed an administrative penalty of $2,100.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to restore certain portions of the wetlands on the property. The OC&I agreed to hold restoration in abeyance for alterations within the Perimeter Wetland on the property in order to allow the Respondents the ability to file an application after the fact to obtain approval for certain wetland alterations. Respondents agreed to restore the wetland areas if they failed to comply with the Consent Agreement requirements or failed to obtain the required permit. The Respondents agreed to pay an administrative penalty of $1,000.00 which was paid upon execution of the Consent Agreement.

December 17, 2007 - OC&I/ISDS File No. CI 04 - 0233 re: The Jason C. Whitford Irrevocable Trust - 1989 for property located at 30B Tripps Corner Road, Assessor's Plat 35, Lot 2-3 in the Town of Exeter. The property includes a 2-bedroom single family dwelling. The Property is owned by the Respondent. On June 26, 2007 the OC&I issued a NOV to the Respondent alleging certain violations 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 pertained to a failed individual sewage disposal system ("ISDS") at the Property. In the NOV OC&I ordered the Respondent to cease the discharge of sewage and/or laundry waste to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS. The OC&I assessed an administrative penalty of $2,200.00. The Respondent filed an appeal of the NOV with AAD. On August 6, 2007 RIDEM issued the Respondent a Certificate of Conformance stipulating ISDS repairs have been completed in accordance with the ISDS Regulations. Prior to an Administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty $1,800.00 in monthly installments of $150.00. The first installment of $150.00 was paid upon execution of the Consent Agreement.

December 20, 2007 - OC&I/Solid Waste File No. 07 - 001 re: The Town of New Shoreham for property located at West Beach Road, Assessor's Plat 2, Lot 39 in the Town of New Shoreham. The Town operates a Transfer Station licensed by the RIDEM on AP 2, lot 40. The property and the transfer station are owned by the Town. On April 20, 2007 the OC&I issued a NOV to the Respondent alleging that the Respondent violated its License approval from RIDEM and violated Solid Waste Regulation No. 1.7.13 pertaining to Respondent's operating and engineering plans for the transfer station. The violations pertain to Respondent's stockpiling of approximately 140 cubic yards of brush on Lot 39 which is beyond the property boundaries of the license approval issued to the Town for the transfer station on Lot 40. In addition, the OC&I alleges that the Respondent failed to chip all brush in compliance with its operating plan that required all brush to be chipped within 120 days. On 23 August 2006 RIDEM's Office of Waste Management ("OWM") issued a Letter of Noncompliance ("LNC") to the Respondent informing the Respondent of the violations and requiring a plan of correction. On 24 October 2006 the OWM issued a Notice of Intent to Enforce ("NOIE") to the Respondent once again requiring a plan of correction to resolve the violation. As of the issuance of the NOV, the Respondent had not complied with the LNC or the NOIE, did not chip the waste as required and did not remove the waste from lot 39 to lot 40 which is covered under Respondent's license. In the NOV, the OC&I ordered the Respondent to achieve compliance with Respondent's license and its operating and engineering plan. A penalty in the amount of $6,250.00 was assessed. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to remove the brush from lot 39 to lot 40 within the boundaries of Respondent's license approval and to chip all brush in the time period allotted or dispose of the brush at a licensed solid waste management facility. The Respondent agreed to pay a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.

December 24, 2007 - OC&I/Water Pollution File No. 2007 436 WP x-ref 07-30 re: OK Floors, Ltd. On August 29, 2007 the OC&I issued a NOV to the Respondent alleging certain violations of the Water Pollution Act and RIDEM's Water Quality Regulations relating to the discharge of wastewater to a storm drainage system located in the parking lot of the Ocean State Job Lot on Washington Street in Coventry. In the NOV, OC&I assessed an administrative penalty of $2,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $1,500.00 which was paid upon execution of the Consent Agreement.

December 26, 2007 - OC&I/Freshwater Wetlands File No. 06 - 0125 re: Bradford Gorham for property located approximately 600 feet west of Gold Mine Road, utility pole 13 and approximately 0.5 miles north of the intersection of Gold Mine Road and Harrington Road, Assessor's Plat 4, Lot 66 (and a 30-foot easement from Lot 66 to Gold Mine Road) in the Town of Foster. On April 9, 2007 the OC&I issued a NOV to the Respondent alleging certain violations of the Freshwater Wetland Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to clearing, filling, and constructing a roadway within two (2) Perimeter Wetlands; clearing, filling and constructing a roadway within four (4) 100 Foot Riverbank Wetlands; and installing culverts in two (2) Streams. The activities resulted in the unauthorized alteration of approximately 2,000 square feet of Perimeter Wetland, 5,100 square feet of 100 Foot Riverbank Wetland, and 30 linear feet of Stream. In the NOV the Respondent was ordered to restore all freshwater wetlands. OC&I assessed an administrative penalty of $3,700.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore the wetlands on the property within a time frame agreed to in the Consent Agreement unless the Respondent, consistent with the Consent Agreement, sought and obtained a permit to alter the wetlands to maintain the roadway on the property. The Respondent agreed to pay an administrative penalty of $2,500.00, which was paid upon execution of the Consent Agreement.

December 28, 2007 - OC&I/Air File No. 07-05 re: Raytheon Company for property located at 1847 West Main Road in the Town of Portsmouth. The Respondent operates a facility at this location that is considered to be a stationary source subject to RIDEM Air Pollution Control ("APC") Regulations. On 30 August 2007 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the APC Regulations. The violation pertained to Respondent's installation of two boilers rated at more than 5 million ("MM") Btu/hr without first having applied for and obtaining a minor source permit from RIDEM's Office of Air Resources ("OAR") in noncompliance with APC Regulation No. 9, operating the boilers without approval and operating one of the boilers without a required continuous emission monitor. OAR discovered the alleged noncompliance during an inspection of Respondent's facility on or about 24 May 2006. At the time of the inspection, the OAR found that Respondent had installed the boilers between 2001 and 2002. In addition, the OAR found that one of the boilers lacked a necessary opacity monitor and an audio alarm in noncompliance with APC Regulation No. 6. Following the inspection, the Respondent filed applications on 21 July 2006 with the OAR to obtain a minor source permit for the boilers and notified the OAR on 13 September 2006 that the required opacity monitor had been installed. The OAR issued a minor source permit to Respondent on 9 February 2007. In the NOV, the OC&I assessed an administrative penalty in the amount of $16,370.00 for Respondent's noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $12,470.00. The penalty 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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