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

 
February 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 February 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:

February 3, 2006 - OC&I/Water Pollution File No. 06 - 02 re: N. E. Environmental Services, Inc. and PJS Properties, LLC for property located at 1201 Douglas Pike, Assessor's Plat 49, Lot 67 in the Town of Smithfield. Respondent PJS Properties, LLC (PJS) owns the property that includes a manufacturing building. Respondent N.E. Environmental Services, Inc. (NES) leased the property from Respondent PJS for the purpose of recycling used anti-freeze and motor oil and vacated the property on or about May 2005. OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, Oil Pollution Control Act and RIDEM's Water Quality Regulations, Groundwater Quality Regulations, Underground Injection Control (UIC) Regulations, Individual Sewage Disposal System (ISDS) Regulations, Oil Pollution Control Regulations, and Remediation Regulations. The violations pertain to the unauthorized discharge of ethylene and propylene glycol and oil to the surface water and groundwaters of the State and the land, the unauthorized use of a closed UIC system in the manufacturing building, the improper disposal of ethylene and propylene glycol and oil into the ISDS, the failure of the ISDS, and the failure to immediately notify RIDEM of a release of oil and failure to submit a written report to RIDEM within 10 days. In the NOV Respondent PJS was ordered to undertake the following actions: immediately remove all fluid from the UIC system and properly dispose of the fluid; immediately remove all wastewater from the septic tank, distribution box, and leachfield for the ISDS and properly dispose of the wastewater; continue to keep the manufacturing building vacant until all work to clean up the property is completed; conduct a Site Investigation (SI) of the property within 60 days in accordance with the RIDEM Remediation Regulations; submit a Site Investigation Report (SIR) within 90 days to RIDEM in accordance with the RIDEM Remediation Regulations; complete all requirements to clean up the property within 120 days of approval by RIDEM of the SIR; connect the sewerage system for the property to the Town's sewerage system (if available) or repair the failed ISDS; and properly close the UIC system. OC&I assessed a penalty of $82,047.65 against Respondent PJS and Respondent NES.

February 08, 2006 - OC&I/UST File No. 05 - 02686 re: Y&I Gas, Inc. for property located at 1344 Westminster Street, Assessor's Plat 32, Lot 506 in the City of Providence. 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 Respondent owns and operates two USTs on the property consisting of an 8,000-gallon gasoline UST and a 4,000-gallon gasoline UST. The violations pertain to Respondent's failure to submit its UST Environmental Results Program compliance certifications by the deadline required in the UST Regulations and further failed to submit the compliance certifications in response to a deadline set forth in a Notice of Intent to Enforce issued to UST facility owners and operators, failure to compile inventory control records for its USTs, failure to perform annual functionality testing of the line leak detectors from 1998 through 2004, failure to test its continuous monitoring system ("CMS") on a monthly basis from October 2002 through October 2005, failure to perform annual certification/testing of the CMS during the years 1998 through 2004, failure to maintain the dispenser sumps free of liquid, and failure to label, secure and maintain groundwater monitoring wells installed on the property in compliance with the UST Regulations. In the NOV the Respondent was ordered to submit its compliance certification checklist, statement and return to compliance plans and to resolve all violations identified in the NOV. OC&I assessed a penalty in the amount of $12,759.00.

February 22, 2006 - OC&I/RCRA No. 05 - 060 re: Tusky Incorporated d/b/a Westerly Sanitation. The Respondent is a permitted septage waste transporter in the State of Rhode Island pursuant to Rhode Island General Law § 23-19.4-1 and RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Rules"). In order to obtain a permit to transport septage or industrial waste, owners/operators must certify to the RIDEM that their transportation units are in compliance with the requirements of the Hazardous Waste Rules. The Respondent filed certification forms with the RIDEM on March 21, 2005. During an inspection on June 7, 2005 representatives of RIDEM's Office of Waste Management conducted an inspection of a transportation unit owned/operated by the Respondent. The OC&I alleges in the NOV that the Respondent failed to prepare procedures for personnel to follow in case of spills of waste and to post these procedures in a conspicuous place in the transportation unit, failed to mark the transportation vehicle on both sides and the back with the name and permit number of the transporter, and failed to maintain all necessary equipment for transporting the waste on the transportation unit including absorbent material, a shovel and a fire extinguisher. The Respondent was ordered in the NOV to appear at RIDEM within thirty (30) days of receipt of the NOV with its transportation unit for an inspection to certify compliance with the Hazardous Waste Regulations. A penalty in the amount of $3,500.00 was assessed in the NOV for Respondent's noncompliance.

Formal Enforcement Cases Settled or Resolved:

February 6, 2006- OC&I/ Hazardous Waste File No. 04-084 and Solid Waste File No. 05-010 re: Immortal Land Development, LLC for property located at 1117 Douglas Avenue, Assessor's Plat 5, Lot 764, in the City of North Providence. On March 7, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"), the Code of Federal Regulations ("CFR") pertaining to the management of hazardous waste enforced by RIDEM and Rhode Island's Refuse Disposal Act (Rhode Island General Law (R.I.G.L.) § 23-19.9-5). The violations pertained to the Respondent's failure to manage approximately 15 tons of spent abrasive blasting media in containers and on the ground consistent with the Hazardous Waste Regulations and the CFR. The material was determined to be a characteristic hazardous waste based on the concentration of lead in the waste. The Respondent failed to properly label all containers of hazardous waste, failed to keep all containers holding hazardous waste closed, failed to maintain containers holding hazardous waste in good condition at all times, failed to notify the RIDEM in the event of a release of hazardous waste, failed to take immediate steps to clean up the release, and failed to determine if any of the wastes under the control of the Respondent meet any of the definitions of hazardous waste. In addition, the Respondent was storing approximately 50 cubic yards of mixed solid waste on the property without any approval or license to dispose or store the waste. At the time of the issuance of the NOV, the Respondent had removed all hazardous waste from the property. In the NOV, the OC&I ordered the Respondent to cease the disposal of all solid waste and to remove all solid waste to a licensed solid waste management facility. A penalty in the amount of $28,750.00 was assessed in the NOV. The Respondent filed an appeal of the NOV with RIDEM's AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent removed all waste from the property. In addition the Respondent was able to show that not all of the material cited in the NOV was waste subject to management and disposal. The Respondent disposed of the material nevertheless. The Respondent agreed to a penalty in the amount of $15,000.00. The penalty was paid upon execution of the Consent Agreement.

February 7, 2006 - OC&I/Water Pollution File No. WP 05-07 x-ref 04-010 re: North Tiverton Water Department. The Respondent owns and operates a drinking water distribution system in the Town of Tiverton. On April 19, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of pollutants (in the form of inorganic sediments, silt, sand and other soil material) to Mount Hope Bay during the repair of a broken water main. As part of this effort, the Respondent had excavated a hole in the road and installed a portable pump that was discharging sediment- laden water from the excavated hole onto the road. The sediment-laden water then discharged into a storm drainage system and into Mount Hope Bay. In the NOV OC&I assessed a penalty in the amount of $ 2,750.00. The Respondent filed an appeal of the NOV with RIDEM's AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $500.00. The penalty was paid upon execution of the Consent Agreement.

February 9, 2006 - OC&I/Septic System File No. CI95-116 re: Martin T. and Lynne A. Rhue for property located at 52 Hornet Road, Assessor's Plat 148, Lot 239 in the Town of North Kingstown. The property includes a single-family residential dwelling. On March 1, 2004 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. In the NOV the Respondents were ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $1,400.00. The Respondents filed an appeal of the NOV with RIDEM's AAD. The Respondents repaired the septic system, which was conformed by RIDEM on July 8, 2004. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the administrative penalty. The Respondents agreed to pay a penalty in the amount of $800.00. The penalty was paid upon execution of the Consent Agreement.

February 21, 2006 - OC&I/RCRA File No. 05 - 025 re: Uncas Manufacturing Company for property located at 150 Niantic Avenue, Assessor's Plat 50, Lot 734 in the City of Providence. The Respondent is a large quantity generator of hazardous waste with a USEPA identification number of RID 982194151. On October 14, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Hazardous Waste Rules. The violations pertained to the Respondent's failure to properly label all satellite containers of hazardous waste and other containers of hazardous waste in storage at the facility, failure to keep all satellite containers of hazardous waste closed except when adding or removing waste, failure to conduct weekly inspections and to maintain of a log of such inspections of the areas where containers of hazardous waste are stored, failure to provide annual training to company employees who handle hazardous waste and to maintain records of the training, failure to have a contingency plan in the event of an emergency or release of hazardous waste, failure to provide to RIDEM a list of all employees authorized to sign the uniform hazardous waste manifests generated by the facility, and failure to maintain all satellite containers of hazardous waste at the point of generation and under the control of the operator. The Respondent corrected all violations prior to the issuance of the NOV. In the NOV the OC&I assessed a penalty in the amount of $16,000.00 for Respondent's noncompliance with the Hazardous Waste Regulations. The Respondent filed an appeal of the NOV with RIDEM's AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $11,850.00. The penalty was paid upon execution of the Consent Agreement.

February 27, 2006 - OC&I/Septic System File No. CI99-79 re: Stephen and Kathleen Lane for property located at 100 Church Street, Assessor's Plat 2, Lot 8 in the Town of Tiverton. The property includes a single-family house. On May 17, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system on the property. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows and repair the ISDS. OC&I assessed a penalty in the amount of $3,000.00. The Respondents filed an appeal of the NOV with RIDEM's AAD. On December 28, 2005 the Respondents completed work to repair the corner of the retaining wall that was the location of the sewage discharge and installed an impermeable barrier between the septic system and the retaining wall. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to have the ISDS evaluated by June 2006 by a licensed designer and repair the ISDS if the evaluation shows that the system has failed. The Respondents agreed to pay a penalty in the amount of $1,000.00. The penalty was paid upon execution of the Consent Agreement.

February 28, 2006 - OC&I/Septic System File No. CI00-85 re: Soscia Enterprises, Inc. for property located at 18 Coventry Shoppers Park, Assessor's Plat 45, Lot 22 in the Town of Coventry. The property includes a strip mall with multiple units and a grocery market. The strip mall and the grocery market are each served by separate individual sewage disposal systems. On November 15, 2004 OC&I issued an NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violations pertained to the Respondent's failure to submit documentation to DEM for the repaired ISDS that serves the grocery market and for the discharge of sewage to the surface of the ground and into a stream from the ISDS that serves the strip mall. In the NOV the Respondent was ordered to cease the discharge of sewage to the surface of the ground and to repair the failed septic system. The Respondent was also ordered to submit documentation to DEM for the repaired ISDS that serves the grocery market. OC&I assessed a penalty in the amount of $4,000.00. The Respondent filed an appeal of the NOV with RIDEM's AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to connect one sewerage system for the property to the Town of Coventry's sewerage system (if available) or submit an application to repair the failed ISDS for the strip mall by January 31, 2007. The Respondent also agreed to submit the necessary documentation to RIDEM for the ISDS that was repaired for the grocery market. The Respondent agreed to pay a penalty in the amount of $5,000.00 (An additional $1,000 penalty was assessed for an overflow that occurred after the NOV was issued.). The penalty was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

February 06, 2006 - OC&I/Septic System File No. CI92-218 and Superior Court File No. PC05 - 6443 re: Plaintiff W. Michael Sullivan, Director, RIDEM vs. Defendant John Arcuri for property located at 369 Main Street, Assessor's Plat 30-1, Lot 50, in the City of Cranston. The Property is owned by John Arcuri and includes a four-bedroom one story residential building. On June 6, 2005 the OC&I issued a NOV alleging that the Defendant violated RIDEM's ISDS Regulations. The violation pertains to a failed cesspool and the discharge of sewage to the surface of the ground. In the NOV the Defendant was ordered to reduce the discharge of sewage to the cesspool, pump the cesspool as needed to prevent sewage overflows, and repair the cesspool. OC&I assessed a penalty in the amount of $1,600.00. Defendant failed to file an appeal of the NOV. Pursuant to Rhode Island General Law, Defendant's failure to file an appeal of the NOV within the timeframe allowed by law results in the NOV becoming a final agency order enforceable in Superior Court. In the Superior Court complaint, Plaintiff W. Michael Sullivan sought an order of the court to require the Defendant to comply with the NOV and to pay the penalty of $1,600.00. Defendant failed to appear for the February 6th court hearing. The Court issued an order requiring Defendant to immediately pump the cesspool and continue such pumping to prevent any and all sewage from overflowing to the ground surface; submit a proposal to RIDEM within 30 days to correct the violation; and pay the $1,600.00 penalty to RIDEM.

February 15, 2006 - OC&I/Septic System File No. CI01-26 and Superior Court File No. KC04-1024 re: Plaintiff Frederick J. Vincent, Acting Director, RIDEM vs. Defendant Maureen Kmon for property located at 10 Garden Street, Assessor's Plat 104, Lot 36 in the Town of Coventry. The Property includes a multi-family rental dwelling. On June 25, 2004 OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. In the NOV the Defendant was ordered to cease the discharge of sewage and connect the sewerage system for the property to the town's sewer. OC&I assessed an administrative penalty of $2,400.00. The Defendant failed to file an appeal of the NOV with AAD and failed to comply with the NOV. DEM filed a complaint in Superior Court requesting that the Court order the Defendant to connect to the town's sewer and pay the administrative penalty. Prior to a hearing on the complaint, the Defendant refinanced the property. Funds for the correction of the violation and payment of the penalty were placed in an attorney's escrow account. Defendant connected the sewerage system for the property to the Town of Coventry's sewerage system on December 1, 2005, and the attorney paid $2,375 to RIDEM for the administrative penalty.

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rev. 2/15/06