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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > December 2011 Summary

 
December 2011 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 2011. 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 Kayla Saccoccio at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

December 13, 2011 - Freshwater Wetland File No. FW C11-0141 re: David A. Harlow and Stephanie M. Harlow for property located approximately 100 feet west of Patchet Brook Road, adjacent to house number 35, approximately 150 feet northwest of the intersection of Patchet Brook Road and Oak Forest Drive, Assessor's Plat 25, Lot 24-5, in the town of Little Compton. On July 18, 2003 the RIDEM issued an approval to the former owner of the property to alter freshwater wetlands on the property associated with the construction of a house. On August 23, 2003 the Respondents acquired the property. On September 23, 2003 the RIDEM received an application from David A. Harlow to transfer the permit from the former owner to himself. On September 24, 2003 the RIDEM transferred the permit to Mr. Harlow. The OC&I alleges that the Respondents are in violation of 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 pertain to clearing, filling (in the form of at least soil material, wood chips, and stones), paving, and landscaping within Swamp in noncompliance with the permit and clearing, filling (in the form of at least soil material, woodchips, and stones), paving, landscaping, and wall construction within Perimeter Wetland in noncompliance with the permit. This activity resulted in the unauthorized alteration of approximately 10,000 square feet of freshwater wetland. The OC&I inspected the property on September 28, 2011 and documented the violations. In the NOV, the OC&I ordered the Respondents to restore the altered wetlands. The OC&I assessed an administrative penalty of $6,000.00.

December 14, 2011 - Hazardous Waste File No. HW 2011-70 re: Fine Line Graphics, Inc for a facility located at 90 Douglas Pike in the town of Smithfield. The facility is used for the manufacture of offset printing plates for sale and the operation of a photoengraving business fabrication. The Respondent is registered with RIDEM as a large quantity hazardous waste generator at the facility. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violation pertains to Respondent's shipment of hazardous waste to a facility that is not designated to accept such waste and the Respondent's failure to complete a hazardous waste manifest for each shipment prior to sending the hazardous waste offsite. The OC&I inspected the facility on June 8, 2011 and July 21, 2011 and reviewed documents submitted to the OC&I by the Respondent. The OC&I determined that between March 3, 2011 and June 3, 2011 the Respondent shipped 25 containers holding approximately 8,122 gallons of waste solvent to the I.H. Solve, Inc. facility in Canton, Georgia and the CylcleSolv facility in Newark, New Jersey without uniform hazardous waste manifests. Analytical results of samples of the waste solvent that were collected by the OC&I revealed that the waste solvent met the definition of a flammable hazardous waste. The OC&I contacted the states of Georgia and New Jersey and was informed that neither facility is authorized to receive hazardous waste. In the NOV, the OC&I ordered the Respondent to cease the shipment of hazardous waste to facilities not authorized to received hazardous waste and begin completing hazardous waste manifests for all off site shipments of hazardous waste. The Respondent was also ordered to submit copies of completed hazardous waste manifests for all off site shipments of hazardous waste that have occurred since June 8, 2011. The OC&I assessed an administrative penalty of $18,850.00.

December 29, 2011 - Freshwater Wetland File No. FW C09-0023 re: Beaver Brook Farm, LLC for property located immediately south/southeast of Main Street (Route 3) opposite house number 645, in the vicinity of Utility Pole Number 884, approximately 2,000 feet northeast of the intersection of Main Street and Lawton Foster Road South, immediately north/northwest of Interstate Route 95, Assessor's Plat 11, Lot 32, in the town of Hopkinton. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of 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 pertain to clearing, filling (in the form of soil and other materials), grading, and creating soil disturbance within a Swamp, portions of which are also within Riverbank Wetland; clearing, filling (in the form of soil and other materials) and creating soil disturbance within Perimeter Wetland, portions of which are also within Riverbank Wetland; and clearing, filling (in the form of soil and other materials), grading, and creating soil disturbance within Riverbank Wetland, portions of which are within Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 14 acres of freshwater wetland. The OC&I inspected the property on February 26, 2009, March 13, 2009, April 21, 2010, and March 22, 2011 and documented the violations. On March 30, 2009, the OC&I inspector spoke with the Respondent's manager, William Barrett. The inspector described to Mr. Barrett the specific actions necessary to resolve the violations and had follow up conversations with Mr. Barrett on May 26, 2009 and May 29, 2009 to determine the status of the work. To date, the Respondent has failed to restore the freshwater wetlands as required by the OC&I. In the NOV, the OC&I ordered the Respondent to restore the altered wetlands. The OC&I assessed an administrative penalty of $25,000.00.

December 29, 2011 - Solid Waste File No. SW 2011-28 re: J.R.Vinagro Corporation and Shun Properties, LLC for a property located at 116 Shun Pike, Assessor's Plat 32, Lots 11, 12 and 17 in the town of Johnston. The property includes a construction and demolition (C&D) debris processing facility and transfer station. Shun Properties LLC owns the property. J.R. Vinagro Corporation operates the facility. On July 29, 2010 the J.R.Vinagro Corporation submitted to the RIDEM a license application to operate the facility. On February 14, 2011 the RIDEM approved the license. The license requires J.R.Vinagro Corporation to: conduct all activities at the facility within an enclosed building; submit to the RIDEM a final set of construction and engineering plans and design specifications for the enclosed building prior to the start of construction of the building; and conduct quarterly air and water monitoring and submit reports to the RIDEM within 45 days of the monitoring event. The OC&I alleges that the Respondent is in violation of the RIDEM's Solid Waste Regulations. The violations pertain to J.R.Vinagro Corporation's failure to comply with its license. The RIDEM inspected the property on May 26, 2011, July 15, 2011, and September 23, 2011. The inspections revealed that the enclosed building was not present and that C&D was being processed. The RIDEM inspected the property on December 21, 2011, which revealed that construction had begun on the enclosed building. The Respondents have not submitted a final set of construction and engineering plans and design specifications for the enclosed building to the RIDEM. The Respondents also failed to conduct air and water monitoring for the 1st and 2nd quarters of calendar year 2011 as evidenced by the failure to submit the reports to the RIDEM. In the NOV, the OC&I ordered the Respondents to submit the construction and engineering plans and design specifications for the enclosed building to the RIDEM along with a schedule to complete the construction of the building. The OC&I assessed an administrative penalty of $16,250.00.

Formal Enforcement Cases Settled or Resolved:

December 5, 2011 - Air File No. 11-16 re: Toray Plastics (America), Inc. for a facility located at 50 Belver Avenue in the town of North Kingstown. On March 31, 2010, the RIDEM issued an operating permit to the Respondent that authorizes the Respondent to emit air pollutants from a turbine at the facility. The permit requires the Respondent to achieve an emissions rate of nitrogen oxides from the turbine at or below 35.3 pounds per hour when firing fuel oil with the duct burners fired. On October 26, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 29 - Operating Permits. The violation pertained to the failure to comply with the permit. On February 11, 2011, the Respondent submitted to the RIDEM the results of stack testing of the turbine that was conducted on December 10, 2010. The results showed that the emissions rate of nitrogen oxides from the turbine when firing fuel oil with the duct burners fired was 35.9 pounds per hour. In the NOV, the OC&I assessed an administrative penalty of $2,500.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of referring the matter to RIDEM's collection agency, the OC&I and the Respondent agreed to resolve the NOV. The Respondent paid an administrative penalty of $1,500.00, which OC&I agreed to accept as full resolution of the NOV.

December 6, 2011 - Dam File No. 408 (Bridlewood Pond Dam) re: Lucy V. DeLisi for property located north of the west end of Scott Drive, south of the intersection of Downs Drive and Preakness Drive, and west of Louisquisset Pike, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On June 20, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed seepage through the right side of the spillway with possible sediment transport. In the NOV, the OC&I ordered the Respondent to retain a registered professional engineer to complete an assessment of the possible sediment transport and submit a report of the findings to OC&I, and repair the dam if the assessment determines such repair is necessary. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the order section of the NOV and OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to monitor the dam for 1 year in accordance with the seepage monitoring program submitted to the OC&I.

December 6, 2011 - Dam File No. 126 (Georgiaville Pond Dam) re: Town of Smithfield, for property located north and west of Stillwater Road and east of Farnum Pike in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On April 21, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 20, 2010. The inspection revealed the following: dense brush on the upstream slope and downstream slope of the embankment did not allow a proper inspection to be performed; and vegetation on the downstream side of the portion of the dike owned by the Respondent did not allow a proper inspection to be performed. In the NOV, OC&I ordered the Respondent to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, and submit a report to OC&I prepared by the engineer on the findings of the inspection. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to repair the dam in accordance with the order section of the NOV.

December 8, 2011 - Hazardous Waste File No. 2010-65-HW re: New England Testing Laboratory, Inc. for a facility located at 1254 Douglas Avenue in the town of North Providence. The property includes a facility that is used to operate a laboratory for testing environmental samples. The Respondent operates the facility and is registered with RIDEM as a small quantity hazardous waste generator. On April 28, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management (Hazardous Waste Regulations). The hazardous waste violations pertained to the Respondent's failure to: determine if the waste generated on site meets the definition of a hazardous waste; label all satellite accumulation containers holding hazardous waste with the words "Hazardous Waste" and other words identifying the contents of the containers; label all containers holding hazardous waste, excluding satellite containers, with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark containers holding hazardous waste with the date upon which the waste first began to accumulate; conduct weekly inspections of container storage areas and maintain documentation of each inspection; store flammable hazardous waste in an area that is at least fifty feet from the facility's property line; prepare and maintain a contingency plan; provide training for all employees who manage hazardous waste; submit to RIDEM a list of agents authorized to sign uniform hazardous waste manifests for shipments of hazardous waste; contain unbroken mercury-containing lamps in packaging that will minimize breakage during normal handling conditions; properly label or mark the universal waste containers; and demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The OC&I inspected the facility on May 20, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations. The OC&I assessed an administrative penalty of $21,520.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the order section of the NOV and OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $5,582.50, which was paid upon execution of the Agreement.

December 13, 2011 - Air File No. 11-19 re: Rhode Island Department of Health for a facility located at 118 Parade Street in the city of Providence. On October 11, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of a 449 horsepower (HP) diesel fuel fired emergency generator at the facility without a permit from RIDEM. On July 19, 2011, the Respondent submitted to RIDEM an application for a general permit. The application stated that the emergency generator was installed on 8 July 2011. RIDEM's APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent agreed to resolve the NOV. The Respondent agreed to pay $250.00, which OC&I agreed to accept as full resolution of the NOV.

December 14, 2011 - Dam File No. 239 (Slocum Reservoir Dam) re: American Baptist Churches of Rhode Island for property located south of Exeter Road, west of Railroad Avenue, north of Liberty Road and east of South County Trail (Route 2), in the town of Exeter. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On May 3, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 24, 2010. The inspection revealed an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to repair the low level gate. The OC&I did not assess an administrative penalty. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to superior court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to repair the dam in accordance with the order section of the NOV.

December 22, 2011 - Air File No. 10-01 re: City of Cranston and Veolia Water North America Operating Systems, LLC for the wastewater treatment facility located at 140 Pettaconsett Avenue in the city of Cranston. RIDEM issued a permit to the city of Cranston on September 19, 2008 to emit air pollutants from the facility. The permit has the following conditions: measure and record daily fuel use in the facility's four boilers; not exceed ten percent opacity on emissions, averaged over six minutes, while sludge is being discharged to the facility's two multiple hearth incinerators; report exceedances of any emission limit to RIDEM within twenty-four hours of the exceedance; submit the results of monthly metals analysis on the sewage sludge to RIDEM within sixty days after collecting the samples; submit a true, accurate, and complete annual certification of compliance to RIDEM; and make written notification to RIDEM prior to replacing an emission unit. On June 9, 2010 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violations pertained to the failure to comply with the permit. DEM inspected the facility on March 18, 2009. The inspection revealed that the Respondents failed to: measure and record daily fuel used in each of the four boilers; comply with the emission limit for opacity for the stacks servicing the two incinerators and report the exceedances to RIDEM within twenty- four hours; and submit the following reports or other documents to RIDEM: monthly metals analyses for sewage sludge; a true, accurate and complete annual certificate of compliance for 2008; and written notification prior to the installation of a Trane Commercial Systems Group natural gas boiler to replace a Jacson & Church natural gas boiler. In the NOV, OC&I ordered the Respondents to submit a revised annual certificate of compliance for 2008 that addresses the inaccuracies noted during the inspection. OC&I assessed an administrative penalty of $6,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to submit a revised annual certification of compliance for 2008 and pay an administrative penalty of $5,000.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None issued this month.

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rev. 2/9/12