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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > February 2003 Summary

 
February 2003 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 January 2003. 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 Technical and Customer 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 Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

February 4, 2003 - OC&I/AIR File No. 03-01 re: The Memorial Hospital located at 111 Brewster Street in the City of Pawtucket. The OC&I alleges that the Respondent is in violation of Air Pollution Control Regulation No. 9, entitled "Air Pollution Control Permits" relating to the requirement that any person who receives a permit shall comply with all conditions included in the permit. The violation pertains to the Respondent's failure to conduct emission testing of its air pollution control equipment within 180 days of equipment start up. The testing is necessary to document compliance with emission limitations as required in approvals issued by RIDEM's Office of Air Resources ("OAR"). The stack test was to have been completed no later than November 28, 2000. The OAR notified the Respondent of its failure to conduct the required test in a Notice of Alleged Violation issued on 21 March 2002. The Respondent completed its required testing on 27 September 2002 and reported the test results to the OAR on 27 November 2002. The OAR is evaluating the test results. The OC&I ordered the Respondent to cease operation of the equipment in the event that the test results show a violation of the OAR approval. The Respondent was further ordered to comply with all requirements of the OAR if repair of the equipment is necessary. The OC&I assessed a penalty in the amount of $5,499.00.

February 12, 2003 - OC&I/Septic System File No. CI00-4 re: George and Shirley Brailey for property located at 708 Washington Street, Assessor's Plat 54, Lot 122, in the Town of Coventry. The property includes a single-family dwelling. 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 violations pertain to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On February 21, 2000 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents. The NOI required the Respondents to take immediate action to pump the septic system as necessary to prevent the overflow of sewage, have the septic system inspected to determine the cause of the failure and submit a repair application to correct failure, if necessary. The Respondents pumped the septic system; however, the Respondents did not have the system inspected to determine the cause of the failure. OC&I received additional complaints that the sewage was continuing to overflow to the ground. To date, the Respondents have failed to adequately comply with the terms of the NOI. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $2,000.00.

February 24, 2003 - OC&I/Septic System File No. CI00-75 re: Thomas R. & Diana M. Connetta for property located at 1355 Scituate Avenue, Assessor's Plat 36, Lot 34, in the City of Cranston. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violations pertain to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On or about June 6, 2000 and January 30, 2001 OC&I issued NOIs to the Respondents. The NOIs required the Respondents to take immediate action to pump the septic system as necessary to prevent the overflow of sewage, have the septic system inspected to determine the cause of the failure and submit a repair application to correct failure, if necessary. On April 2, 2001, the Respondents submitted an application to DEM to repair the failed septic system. DEM approved the application on April 6, 2001, but the work was never completed. The repair application expired on April 6, 2002. To date, the Respondents have failed to adequately comply with the terms of the NOI. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $2,000.00.

February 24, 2003 - OC&I/Septic System File No. CI01-102 re: James E. and Sandra A. Haworth for property located at 72 St. Paul Street, Assessor's Plat 3, Lots 36 and 38, in the Town of North Smithfield. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violations pertain to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. An OC&I inspector advised the Respondent James Haworth during a May 21, 2002 inspection of the actions needed to correct the violation. These actions included retaining a licensed designer to submit an application to DEM to repair the failed septic system. To date, the Respondents have failed to submit a repair application. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $800.00.

February 26, 2003 - OC&I/RCRA File No. 02-046 re: John A. and Barbara A. Ventetuolo for property located at 2469 Putnam Pike, Assessor's Plat 1, Lot 11 in the Town of Glocester. The OC&I alleges that the Respondents violated Rhode Island's Hazardous Waste Management Act, the Water Pollution Control Act, RIDEM's Groundwater Quality Regulations and RIDEM's Site Remediation Regulations. The violations pertain to the storage of multiple containers of hazardous waste on site without a permit and allowing an unpermitted release or disposal of hazardous materials or discharge of a pollutant in a location where it is likely to enter the waters of the state. OC&I personnel had advised Respondent Barbara Ventetuolo that all hazardous waste must be properly removed from the property at the time of OC&I's initial inspection. The Respondents failed to remove and properly handle the hazardous waste. In order to address the problems observed on site, OC&I called in an environmental clean up contractor to assist in the sampling and managing of the hazardous waste. The Respondents eventually hired an environmental contractor to remove the hazardous waste. In the NOV, OC&I ordered the Respondents to conduct a Site Investigation in accordance with the Site Remediation Regulations and to comply with any remediation requirements as directed by RIDEM. A penalty in the amount of $19,597.00 was assessed in the NOV.

February 27, 2003 - OC&I/UST File No. 02-01396 re: The Town of Coventry for its Highway Garage located at 1670 Flat River road, Assessor's Plat 59, Lot 6. The OC&I alleges that the Respondent is 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 monthly testing of the facility's continuous monitoring leak detection system, annual testing requirements for UST leak monitoring devices and maintenance of test records, maintenance of inventory control records and failing to label UST fill ports. On 21 June 2002, OC&I issued a Letter of Non-Compliance to the Respondent ("LNC"). The LNC informed the Respondent of the alleged violations and provided a compliance schedule to be met. Despite receipt of the LNC, the Respondent failed to bring the facility into compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondent to comply with the UST Regulations and assessed a penalty in the amount of $11,138.00.

February 28, 2003 - OC&I/RCRA File No. 02-041 re: the American Shipyard Co., LLC d/b/a Newport Shipyard, LLC for property located at One Washington Street, Assessor's Plat 16, Lot 235 in the City of Newport. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertain to the Respondent's failure to determine if its wastes meet the definition of hazardous waste, properly label and mark satellite containers of hazardous waste, properly label 90-day accumulation containers holding hazardous waste, storage of ignitable hazardous waste within 50 feet of a property line, failing to conduct weekly inspections of containers of hazardous waste, failing to provide secondary containment of containers holding liquid hazardous waste, failing to meet contingency plan and training requirements, failing to properly complete hazardous waste manifests and failing to document authorized manifest signers. The OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $23,000.00.

Formal Enforcement Cases Settled or Resolved:

February 6, 2003 - 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. On 20 December 2001, the OC&I issued a NOV alleging that the Respondent violated multiple sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). (See OC&I's monthly enforcement web page update for December 2001 for details related to the alleged violations in this case.) The OC&I ordered the Respondent to upgrade the UST systems to bring them into compliance with the UST Regulations or to permanently close the USTs. A penalty in the amount of $38,110.00 was assessed in the NOV. 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 a penalty in the amount of $32,310.00. The OC&I agreed to a Supplemental Environmental Project ("SEP") to offset a portion of the penalty. The SEP consisted of removal and closure of the USTs and replacing the USTs with aboveground storage tanks ("ASTs"). OC&I agreed to offset the gravity portion of the penalty ($19,500.00) for the SEP. The estimated cost of the SEP is $126,100.00. The Respondent paid the economic benefit portion of the penalty, which was $12,810.00.

February 11, 2003 - OC&I/RCRA File No. 01-027 re: Michael Squillace d/b/a Vanity Cleaners for property located at 1658 Cranston Street, Assessor's Plat 8, Lot 2337 in the City of Cranston. On 25 January 2002, the OC&I issued a NOV alleging that the Respondent violated multiple sections of RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to storing hazardous waste in excess of 90 days, failure to label containers, failure to place hazardous waste in containers, not providing secondary containment, failing to determine if wastes are hazardous, not conducting weekly inspections of hazardous waste containers, failing to mark accumulation start dates, failing to provide spill control equipment, failing to develop and maintain a contingency plan, failing to train employees who handle hazardous waste, failing to keep hazardous waste containers closed, and failing to maintain records and aisle space. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $36,000.00. 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 OC&I confirmed that the Respondent's facility is now in compliance with the Hazardous Waste Regulations. The OC&I agreed to accept a SEP in lieu of a portion of the penalty assessed in the NOV. The SEP consisted of installing and operating a 4th Generation Dry-cleaning System. The cost of the SEP is estimated to be $49,500.00. In addition to the SEP, the Respondent agreed to pay a cash penalty of $4,800.00 with $1,000.00 paid up front upon execution of the Consent Agreement and the remaining $3,800.00 to be paid at $200.00 per month in consecutive monthly installments.

February 12, 2003 - OC&I/Wetlands File No. C01-0001 re: Chris Ann DeSarro for property located approximately 1,000 feet east/northeast of the intersection of King's Factory Road and Shumankanuc Hill Road, approximately 3,200 feet south/southeast of the intersection of King's Factory Road and Indian Cedar Drive, immediately north of King's Factory Road, Assessor's Plat 22, Lot 3-9 in the Town of Charlestown. On July 16, 2001, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling, and constructing a single family dwelling and driveway in a Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 24,700 square feet of Riverbank Wetland. In the NOV the Respondent was ordered to cease and desist from any further alterations of freshwater wetlands and restore the wetland. OC&I assessed a penalty of $1,000. The Respondent filed an appeal of the NOV with the AAD. Prior to the hearing with the AAD, OC&I and the Respondent executed a Consent Agreement wherein the Respondent was allowed to keep the house that was constructed in the wetland. The Respondent agreed to remove all fill and replant the remaining area within the Riverbank Wetland with trees and shrubs by May 15, 2003. The Respondent also agreed to pay an administrative penalty of $500. The penalty of $500 was paid upon execution of the Consent Agreement.

February 24, 2003 - OC&I/RCRA File No. 01-034 re: CCL Custom Manufacturing, Inc. for property located at 35 Martin Street, Assessor's Plat 34, Lots 100, 193, 190, 194, 195, 256, 275 and Plat 58, Lot 111 in the Town of Cumberland. On 22 August 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertain to the Respondent's failure to determine if its wastes meet the definition of hazardous waste, failing to note the accumulation start date on containers holding hazardous waste, storing hazardous waste in excess of 90 days without a permit, failing to provide secondary containment for containers with liquid hazardous waste, failing to conduct weekly inspections of containers of hazardous waste and failing to maintain adequate aisle space between hazardous waste containers. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $24,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I agreed to execute a Consent Agreement to resolve the enforcement action. The OC&I confirmed that the Respondent complied with the order portion of the NOV. The Respondent agreed to and has paid a cash penalty in the amount of $17,200.00.

February 25, 2003 - OC&I/AIR File No. 02-02 - NOV re: The City of Newport for its wastewater treatment facility located at 250 Connell Highway in the City of Newport. On 12 April 2002, the OC& I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 17 relating to "Odors". The OC&I determined the facility was emitting an objectionable odor beyond their property line on 11 September 2001. OC&I informed the Respondent on that date of an objectionable odor from the facility and provided a copy of the regulation to the Respondent. Despite the initial inspection and issuing a Letter of Noncompliance on 19 September 2001, the Respondent allowed objectionable odors from the facility to escape beyond the property line on five subsequent occasions. The OC&I ordered the Respondent to take immediate action to prevent further violations of the regulation. A penalty of $15,000 was assessed against the Respondent. 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 OC&I agreed to reduce the assessed penalty to $10,000.00 and to accept a SEP in lieu of a portion of the penalty. The Respondent agreed to a SEP consisting of the installation of a Pump Out Boat Receiving Station in Newport Harbor to transfer sanitary waste from marine vessels for ultimate discharge to the Respondent's wastewater treatment facility. The facility is expected to be installed and operational by July 1, 2003 and is estimated to cost $15,000.00. The Respondent agreed to and has paid a cash penalty in the amount of $2,500.00.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved for this month.

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rev. 3/10/03