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 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.
February 6, 2007 - OC&I/UST File No. 07-00399 re: the Town of North Providence pertaining to its police and fire complex located at 1967 Mineral Spring Avenue, Assessors Plat 21A, Lot 816 in the Town of North Providence. The Respondent owns and operates 3 USTs at this location consisting of an 8,000-gallon gasoline UST, a 6,000-gallon diesel fuel UST and a 5,000-gallon No. 2 heating oil UST. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to Respondent's failure to protect product piping lines for its gasoline and diesel fuel USTs from corrosion; complete inventory control records for the same USTs from March 2003 through March 2006; failure to test the tightness for its product piping lines from 2000 through 2005; failure to keep spill containment basins for its USTs free of liquids and debris; and failure to label or secure from tampering the UST field observation wells at this facility. Despite a LNC issued on March 20, 2006, a follow up letter issued on May 30, 2006 and several telephone calls to the Respondent regarding the violations, the Respondent has not resolved all violations at the facility. OC&I has determined that the Respondent has conducted tightness testing for all USTs and product piping lines in 2006 and reportedly passed each test. In the NOV, the OC&I is ordering the Respondent to achieve full compliance with the UST Regulations and is assessing a penalty in the amount of $9,036.00.
February 7, 2007 - OC&I/Hazardous Waste File No. 06 - 007 re: Portola tech International, Inc. for property located at 85 Fairmount Street, Assessors Plat 8, lot 24 in the City of Woonsocket. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations") and applicable sections of Title 40 of the Code of Federal Regulations pertaining to the management of hazardous waste. Rhode Island is delegated authority to enforce the federal regulations by the EPA. The violations pertain to Respondent's failure to: label all satellite containers holding hazardous waste; maintain satellite containers of hazardous waste at the point of generation and under the control of the operator; properly label all containers of hazardous waste in storage; conduct weekly inspections of containers of hazardous waste in storage looking for leaks and deterioration and maintain weekly inspection logs; provide training to employees that handle hazardous waste; determine if wastes located at the facility are hazardous; submit a list of personnel authorized to sign hazardous waste manifests; provide adequate isle space between containers of hazardous waste stored at the facility; apply for an EPA ID number; provide adequate secondary containment for containers holding liquid hazardous waste; complete a biennial report to EPA regarding hazardous waste generation at the facility; complete hazardous waste manifests and certify that the manifest is both accurate and complete; and comply with universal waste regulations relating to proper storage of wastes. In the NOV, the OC&I has ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $32,500.00. The Respondent has filed an appeal of the NOV with the AAD.
February 8, 2007 - OC&I/AIR File No. 06 - 01 re: Kenyon Industries, Inc. located at 36 Sherman Avenue in the Town of Charlestown. Respondent's facility at this location is considered a major stationary source of air pollutants subject to federal and Rhode Island Air Pollution Control ("APC") Regulations. The Respondent is subject to an Operating Permit issued by RIDEM's Office of Air Resources ("OAR"). The OC&I alleges that the Respondent violated APC Regulation No. 9 entitled "Air Pollution Control Permits" and the conditions of their operating permit when they: failed to conduct testing of equipment for controlling emissions from fabric coating within 180 days of the coating line becoming operational at the facility; failed to achieve 98% destruction efficiency for volatile organic compounds during operation of Respondent's thermal oxidizer when the coating line was operational; and failed to shut down three coating lines while their thermal oxidizer was not achieving 98% destruction efficiency. Upon information and belief, the Respondent is now in compliance with their operating permit. The OC&I assessed a penalty in the amount of $14,000.00 for the past noncompliance. The Respondent has filed an appeal of the NOV with the AAD.
February 09, 2007 - OC&I/ISDS File No. CI 04-196 re: Dorothy Foster for property located at 125 Armstrong Avenue, Assessor's Plat 357, Lot 26 in the City of Warwick. A 2-bedroom single family dwelling exists on the property 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"). On September 24, 2004 an inspector from OC&I conducted an inspection of the property and found that sewage was evident on the ground surface from the individual sewage disposal system (ISDS) for the dwelling. On October 7, 2004 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent. The Respondent failed to comply with the NOI. On May 15, 2006, OC&I issued a second NOI to the Respondent. The Respondent failed to comply with the second NOI. In the NOV OC&I ordered the Respondent to have the ISDS evaluated by a licensed designer to determine the cause of the ISDS failure and to connect all of the plumbing to the public sanitary sewers if the designer determines that the ISDS requires repair. OC&I assessed an administrative penalty of $600.00.
February 14, 2007 - OC&I/Site Remediation and Oil Pollution Control File No. 06 - 029 re: Scituate Excavating, Inc. and 295 Industrial Park, LLC for property located at 0 Amflex Drive, Assessor's Plat 36/4, Lot 113 in the City of Cranston. Respondent 295 Industrial Park, LLC ("295 Industrial Park") is the owner of the property. Respondent Scituate Excavating, Inc. ("Scituate") is a "performing party" for site remediation purposes and was hired by a third party to remove contaminated soil from an offsite location and to transport the contaminated soil to the Central Landfill located in the Town of Johnston. The OC&I alleges that Respondents are in violation of Rhode Island's Refuse Disposal Act, RIDEM's Site Remediation Regulations and RIDEM's Oil Pollution Control Regulations. The violations pertain to Respondents' disposal and receipt of contaminated soil on the subject property. The OC&I alleges that on or about January 2, 2006, and based on records obtained and evaluated by the OC&I, Scituate was supposed to have delivered six truck loads or approximately 159.63 tons of contaminated soil to the Central Landfill for disposal. The OC&I was informed that the contaminated soil was not delivered to the Central Landfill on that date and records show that the Central Landfill was closed. In a complaint filed with the OC&I it was alleged that Scituate disposed of the six truck loads of contaminated soil at the Amflex Drive property. On or about January 4, 2006, Scituate delivered approximately 151.93 tons of contaminated soil to the Central Landfill facility for disposal. The OC&I conducted an investigation of the Amflex Drive property and found through measurements and sampling that approximately 6,726 square feet of area on the Amflex Drive property contained soil contaminated with total petroleum hydrocarbons and lead. The contamination was consistent with the material that Scituate was hauling from offsite to the Central Landfill. Based on records obtained and evaluated, approximately 8 tons of contaminated soil remains on the property owned by 295 Industrial Park. In the NOV, the OC&I ordered the Respondents to remove all contaminated soil and properly dispose of the contaminated soil at a facility licensed to take the contaminated soil. A penalty in the amount of $17,592.00 was assessed for Respondents' noncompliance. The Respondents have filed an appeal of the NOV with the AAD.
February 15, 2007 - OC&I/UST File No. 07-00653 & 03026 re: John J. Paterra, II and Food N' Fuel, Inc. for properties located at 873 Cranston Street, Assessor's Plat 7/2, Lot 121 in the City of Cranston and at 2701 Hartford Avenue, Assessor's Plat 57/2, Lot 147 in the Town of Johnston. The Respondents are owners/operators of four gasoline underground storage tanks ("USTs") at these locations consisting of an 8,000-gallon UST and 4,000-gallon UST at the Cranston facility and a 9,000-gallon UST and 3,000-gallon UST at the Johnston facility. The OC&I alleges that 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 the UST Environmental Results self certification program for both facilities. At the Cranston facility, Respondents failed to compile inventory control records from March 2002 through March 2005; failed to perform annual testing of the line leak detectors in the years 2001, 2002, 2003 and 2004; failed to maintain dispenser and piping collection sumps free of liquids; failed to perform monthly (from 2002 through 2005) and annual (2001, 2002 and 2004) testing of the continuous monitoring system; failed to maintain spill containment basins free of liquids and solids; failed to secure groundwater monitoring wells from tampering; and disposed of used gasoline dispenser filters on the ground at the facility. The Respondents did not respond to a written notice of noncompliance and failed to respond to OC&I's telephone request to obtain records and confirm compliance. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,831.00.
February 15, 2007 - OC&I/AIR File No. 06 -14 re: R&R Polishing Co., Inc. for its facility located at 37 Fletcher Avenue in the City of Cranston. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulations 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 regulations. An inspection of the facility by an inspector of the Office of Air Resources ("OAR") on November 28, 2005 and again on January 10, August 3 and August 10, 2006 revealed that the Respondent failed to comply with multiple sections of APC Regulation No. 36 pertaining to equipment, operation, control, recordkeeping and reporting requirements for Respondent's degreaser. Despite the issuance of a Letter of Noncompliance to Respondent on November 28, 2005 and a Notice of Alleged Violations to Respondent on August 22, 2006, the Respondent remains in noncompliance. In the NOV, the OC&I ordered the Respondent to achieve compliance with the APC Regulations and assessed a penalty in the amount of $10,000.00.
February 15, 2007 - OC&I/AIR File No. 07 - 01 re: Dry Bridge Sand & Stone, Inc. for its facility located at 471 Dry Bridge Road in the Town of North Kingstown. The OC&I alleges that the Respondent is in violation of RIDEM's APC Regulations and the conditions set forth in an Emissions Cap approval issued by the Office of Air Resources ("OAR") pursuant to APC Regulation No. 29 entitled "Operating Permits". The violations pertain to Respondent's failure to maintain required records pertaining to particulate matter emissions from the facility. The failure to maintain adequate records has prevented RIDEM from determining Respondent's compliance with its Emissions Cap. The OAR issued a Letter of Noncompliance ("LNC") to Respondent on July 30, 2003 informing the Respondent of the noncompliance. The Respondent failed to provide required records in response to the LNC. On or about November 30, 2005 the OAR issued a Notice of Alleged Violations ("NOAV") to the Respondent requiring the Respondent to document compliance. The Respondent did not comply with the NOAV. On May 16, 2006 the OAR inspected the facility and confirmed that the Respondent remained in noncompliance with the recordkeeping requirements of its Emissions Cap. In the NOV, the OC&I ordered the Respondent to achieve compliance with all record keeping requirements and assessed a penalty in the amount of $7,500.00.
February 14, 2007 - OC&I/Septic System File No. CI 05 - 26 re: James V. & Pauline L. Hillas for property located at 104 Brinton Avenue, Assessor's Plat 380, Lot 134 in the City of Warwick. The property includes a single family dwelling and is owned by the Respondents. On December 4, 2006 OC&I issued a NOV to the Respondents alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to a failed septic system on the property. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, to retain a licensed designer to evaluate the cause of the ISDS failure, and to repair the ISDS if necessary. OC&I assessed an administrative penalty in the amount of $1,200.00. The Respondents filed an appeal of the NOV with AAD. On January 9, 2007, the septic system was repaired and conformed by RIDEM. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $600.00, which was paid upon the execution of the Consent Agreement.
February 16, 2007 - OC&I/Freshwater Wetlands File No. C06 - 0022 re: Tolga & Didem Kokturk for property located approximately 330 feet northeast of Northup Plat Road, adjacent to house number 27, approximately 2,000 feet northeast of the intersection of Northup Plat Road and Hill Farm Road, Assessor's Plat 25, Lot 10 in the Town of Coventry. On September 13, 2006 OC&I issued a NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertained to filling wetlands and constructing a retaining wall within Johnson's Pond and filling within the 50-foot Perimeter Wetland of Johnson's Pond. This activity resulted in the unauthorized alteration of approximately 1,600 square feet of Johnson's Pond and 3,200 square feet of Perimeter Wetland. OC&I assessed an administrative penalty in the amount of $6,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore the wetlands that were altered within 180 days of the execution of the Consent Agreement unless the Respondents advised OC&I within ten days of execution of the Agreement of their intention to file an application with RIDEM's Freshwater Wetland Permitting Program (FWPP) that seeks approval for the unauthorized wetland alterations. The Respondents agreed to submit an application to FWPP within sixty days of execution of the Agreement and address and correct any deficiencies in the application upon notification by FWPP. OC&I agreed to hold the restoration in abeyance provided the Respondents are taking the necessary steps to obtain the approval from FWPP. The Respondents agreed to restore the altered wetlands if approval from FWPP is not obtained. The Respondents agreed to pay a reduced penalty of $5,200.00, which was paid upon execution of the Consent Agreement.
February 16, 2007 - OC&I/Water Pollution File No. 04 - 07 re: The City of Newport. The City of Newport is the owner and operator of the Lawton Valley Water Treatment Facility located in the Town of Portsmouth (the Facility). On May 20, 2005, OC&I issued a NOV to the Respondent alleging certain violations of 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 waste solids associated with the treatment of water at the Facility to Lawton Brook that either exceeded the frequency in the Respondent's discharge permit or was not authorized in the Respondent's discharge permit. In the NOV the Respondent was ordered to immediately comply with its discharge permit, immediately cease the sedimentation and coagulation basin discharges, submit a proposal to assess the impacts of the discharges to Lawton Brook and associated wetlands and the environmental benefit/harm in removing sediment, and to restore Lawton Brook and associated wetlands if RIDEM determines corrective measures are appropriate. OC&I assessed a penalty in the amount of $287,850.00. The penalty was based on only the violations that occurred in 2004 and included $100,000.00 for the gravity of the violation and $187,850.00 for the economic benefit from noncompliance. The Respondent filed an appeal of the NOV with AAD. On March 30, 2006 the Respondent submitted documents to RIDEM to construct a conveyance system to store and transport solids from the Facility to the public sewers (the Residual Management Project). The documents were approved by RIDEM on August 3, 2006. On August 23, 2006 RIDEM reissued the RIPDES Permit to the Respondent. The RIPDES Permit authorizes the Respondent to discharge filter backwash to Lawton Brook in accordance with the limits established in the permit. The Respondent filed an appeal of the RIPDES Permit with AAD. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to undertake all required actions necessary to obtain the RIPDES permit, complete construction of the Residual Management Project in accordance with the approval from RIDEM by January 31, 2008 and submit a proposal to OC&I to assess the impacts of the waste solid discharges to Lawton Brook and associated wetlands by June 30, 2007. The Respondent agreed to prepare a restoration plan for the removal of solids from Lawton Brook and associated wetlands if OC&I determines such removal is necessary. The Respondent agreed to pay an administrative penalty of $50,000. The penalty was paid upon execution of the Consent Agreement.
February 21, 2007 - OC&I/UST File No. 05 - 01679 re: Johnston Gas, Inc., Joseph C. Najm and Josephine Najm for property located at 1209 Hartford Avenue, Assessor's Plat 20, Lot 32 in the Town of Johnston. Respondents are the owners and/or operators of a gasoline refueling station with two underground storage tanks (USTs) (one with 10,000-gallons of capacity and one with 6,000-gallons of capacity) on the property. On June 30, 2005 the OC&I issued a NOV to Respondents alleging that the Respondents violated RIDEM's UST Regulations. On 19 January 2000, the OC&I issued a previous NOV to the Respondents for violations of RIDEM's UST Regulations. The Respondents executed a Consent Agreement with the OC&I to resolve the violations cited in the 19 January 2000 NOV. The OC&I conducted an inspection of the facility on 30 November 2004 and identified multiple violations of the UST Regulations. The violations alleged in the 2005 NOV include the Respondents' failure to compile inventory control records from November 2001 through November 2004, failure to perform annual functionality tests for the line leak detectors during the years 2000, 2001 and 2003, failure to perform annual certification/testing of the continuous leak monitoring system during the years 2000, 2001 and 2003, and failure to modify the tank pad observation wells and the groundwater monitoring wells at the facility to meet the construction requirements of the UST Regulations. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $9,799.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance following issuance of the NOV. The parties agreed upon a penalty in the amount of $7,808.00 with $3,904.00 paid upon execution of the Consent Agreement and the remaining penalty amount to be paid within 60 days.
February 23, 2007 - OC&I/Oil Pollution File No. 06 - 010 re: Rhode Island Airport Corporation for their T.F. Green Airport facility located at 2000 Post Road, Assessor's Plat 321, Lot 4, in the City of Warwick. On July 24, 2006 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Oil Pollution Control ("OPC") Regulations. The violations pertained to Respondent's failure to notify the RIDEM as well as appropriate local, state and federal officials including the local fire chief regarding releases of petroleum to the environment and to file reports regarding the management of these releases. On 28 October 2005 representatives of the OC&I conducted an inspection of the Respondent's facility and requested to review records relative to the notification of spills or releases of hazardous waste or hazardous materials to the environment. The Respondent provided copies of its hazardous material spill reports for the years 2003, 2004 and 2005. OC&I evaluated the records and determined that there were eight (8) unreported incidents that had a quantity of approximately twelve (12) gallons and two (2) quarts spilled in 2003; sixteen (16) unreported incidents that had a quantity of approximately thirty (30) gallons spilled in 2004; and thirty-four (34) incidents that had a quantity of approximately one hundred ninety-seven (197) gallons spilled in 2005. Most of the spilled material consisted of diesel fuel, Jet A fuel, hydraulic fluid, motor oil, turbine engine oil, gasoline and brake fluid. The Respondent did not file reports to document that each spill was properly managed and cleaned up. The OC&I assessed a penalty in the amount of $12,500.00 for Respondent's noncompliance. 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 proposed a Supplemental Environmental Project ("SEP") to resolve a portion of the penalty assessed in the NOV. The SEP consisted of the development of a state wide RIAC tenant spill training program, reporting by all RIAC tenants into one electronic database to capture all information relative to spills and releases and to promptly report all releases to RIDEM. Upon completion of the electronic reporting system for all tenants, RIAC will take full responsibility of all reporting requirements to RIDEM to comply with the OPC Regulations. The cost of the SEP was calculated to be $37,150.00. The OC&I agreed to give the Respondent $11,250.00 in credit towards the penalty and required that the Respondent pay $1,250.00 upon execution of the Consent Agreement. The cash component of the penalty was paid as agreed. The Respondent has 1.5 years to fully complete the SEP.
February 26, 2007 - OC&I/UST File No. 05 - 01263A re: Brookfield Hills Service Center, Inc., Brookfield Service, Inc., Paul and Adelaide Silva for property located at 929 Providence Street, Assessor's Plat 39, Lot 213 in the Town of West Warwick. On April 4, 2006 the OC&I issued a NOV to the Respondents alleging that the Respondents were in violation of the UST Regulations. The violations pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations due to Respondents' failure to self certify their compliance with all applicable UST Regulations. In the NOV, OC&I ordered the Respondents to submit all required self certification certificates and any required return to compliance reports to the RIDEM. OC&I assessed a penalty in the amount of $3,000.00 for Respondents' noncompliance. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the parties executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance with the order portion of the NOV and agreed to pay a penalty in the amount of $2,000.00. The penalty was paid upon execution of the Consent Agreement.
February 20, 2007 - OC&I/RCRA File No. 02-021 and Superior Court File C.A. No. 05-6440 re: Century Plating International, Inc. and Paul A. Calenda ("Defendants") and Dr. W. Michael Sullivan, Director of the Rhode Island Department of Environmental Management ("Plaintiff") for property located at 472 Potters Avenue, Assessor's Plat 49, Lot 353 in the City of Providence. On August 28, 2002 the OC&I issued a NOV alleging that the Defendants violated sections of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertained to Defendants' failure to determine if any of its wastes meet the definition of hazardous waste and apply the proper waste code to the waste. The Defendants also failed to prepare and submit a Biennial Report to RIDEM. The Defendants were informed of the requirement to characterize their waste in a Letter of Noncompliance ("LNC") issued on 29 October 2001. The Defendants continued to generate waste without determining if the waste was hazardous. The Defendants had also been informed of this requirement in a previous LNC on 11 October 1994. The OC&I ordered compliance with the Rules and assessed a penalty in the amount of $4,500.00. The Defendants failed to file an appeal of the NOV with the AAD. Pursuant to Rhode Island General Law §§ 42-17.1-2(u) (5) and 42-17.6-4(b) Defendants' failure to request a hearing automatically turns the NOV into a Final Compliance Order enforceable in Superior Court. The Plaintiff filed a complaint in Superior Court to enforce the NOV. In response to the Superior Court complaint, the Defendants characterized the waste and removed the waste from the property. Prior to a hearing in Superior Court, the parties executed a Consent Order to resolve the complaint. The Defendants have ceased generating hazardous waste at this location. The Defendants agreed to pay a penalty in the amount of $2,000.00. Plaintiff agreed to accept $1,000.00 upon entry of the Consent Order and the remaining $1,000.00 within 60 days of the entry of the Consent Order.