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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > February 2009 Summary

 
February 2009 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 2009. 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 6, 2009 - OC&I/Oil Pollution Control File No. 2008 2304 WP and WP08-070 re: Jason C. Whitford Irrevocable Trust-1989 for property located at 30A Tripps Corner Road, Assessor's Plat 35, Lot 2-3 in the town of Exeter. The property includes a residential dwelling. The OC&I alleges that the Respondent is in violation of Rhode Island's Oil Pollution Control Act and RIDEM Oil Pollution Control Regulations. The violation pertains to the spillage or release of oil onto the land adjacent to the driveway at the property. An inspection by OC&I on June 4, 2008 revealed a 55 gallon drum with blackish staining on the exterior of the drum and blackish soil consistent with oil on the surface of the ground adjacent to the drum. On June 20, 2008 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent requiring the Respondent to immediately cease the discharge of oil onto the surface of the ground and clean up the oil contaminated soil. Upon information and belief, the Respondent has taken no action to comply with the NIE. In the NOV, the OC&I ordered Respondent to cease the discharge of oil onto the surface of the ground and remediate the oil contaminated soil. OC&I assessed a penalty of $2,500.00.

February 6, 2009 - OC&I/Air File No. 08-11 re: Albin Manufacturing, Inc. for a boat manufacturing facility the Respondent operated at 226 West Shore Road in the town of Portsmouth. The facility was a stationary source of air pollutants and was issued an operating permit by the RIDEM Office of Air Resources (OAR) on March 19, 2007 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits". The OC&I alleges that the Respondent is in violation of RIDEM Air Pollution Control Regulation No. 29. The violation pertains to the failure to submit an Annual Certification of Compliance, and semi-annual monitoring and compliance reports as required by the permit. On April 9, 2008 OAR issued a Notice of Alleged Violations (NOAV) to the Respondent requiring the Respondent to submit the required reports within thirty (30) days. On April 24, 2008 OAR received a letter from the Respondent stating that it had ceased manufacturing operations at the facility in 2007. On June 27, 2008 OAR issued a letter to the Respondent terminating the permit effective August 26, 2008. To date, the Respondent has not complied with the NOAV. In the NOV, the OC&I ordered the Respondent to submit the required reports within forty-five (45) days. OC&I assessed a penalty of $2,500.00.

February 11, 2009 - OC&I/Freshwater Wetland File No. 2007 291 FW and C07-0043 re: Granite APR Development Corp. and Celtic Management Group, LLC for property located approximately 500 feet east of Granite Street (U.S. Route 1), commercial building at Number 114 Granite Street, in the vicinity of Utility Pole Number S-27, approximately 700 feet northeast of the intersection of Granite Street and Cross Street, Assessor's Plat 67, Lot 278 in the town of Westerly. The property is currently owned by Respondent Granite APR Development Corp. (Granite). On August 18, 2004 the RIDEM Office of Water Resources issued to Respondent Granite an insignificant alteration permit for building reconstruction, new impervious parking and driveway construction, and changes in drainage within freshwater wetlands. Respondent Granite retained Celtic Management Group LLC (Celtic Management) to complete the work approved in the permit. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of soil material, boulders, granite pieces, concrete pieces, bricks, and other construction debris), grading, creating soil disturbance, and constructing a (concrete) dumpster containment area within the 50-foot Perimeter Wetland of a Pond. These activities resulted in the unauthorized alteration of 17,050 square feet of Perimeter Wetland. On April 5, 2007 an OC&I inspector met with Respondent Celtic Management and described the short term and long term actions necessary to restore the altered wetlands. On June 21, 2007 OC&I issued a Notice of Intent to Enforce (NIE) to Respondent Granite requiring that it immediately stop all activity on the property which had affected or which could affect any and all wetlands and required restoration of the wetlands. The NIE was returned as undeliverable. Inspection of the property by OC&I on November 7, 2007 revealed that the Respondents had failed to comply with the short term and long term actions described to Respondent Celtic Management. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $5,000.00.

February 11, 2009 - OC&I/Water Pollution File No. WP 00-229 re: Steven A Derosa and Lori A Derosa for property located at 11 Picotte Drive, Assessor's Plat 9, Lot 421 in the town of Johnston. The property includes a 2 bedroom dwelling. The Respondents are the owners of the property. The OC&I alleges that Respondents are in violation of the Rhode Island Water Pollution Act, R.I.G.L. §46-12-5(a), the RIDEM Water Quality Regulations, and the RIDEM Rules Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the septic system that serves the dwelling to a storm water drainage system located at the corner of Picotte Drive and Harrington Drive. On September 4, 2008 OC&I performed an inspection of the property and determined that sewage was discharging from a pipe on the property to the storm water drainage system. The OC&I inspector informed Respondent Lori Derosa of the violation and the actions necessary to correct the violation. On September 16, 2008 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondents requiring the removal of the pipe and an evaluation of the septic system to determine if the system was functioning properly. The NIE required the Respondents to repair the system if the evaluation revealed the system had failed. An inspection by OC&I on December 4, 2008 revealed that the pipe was removed; however, sewage from the septic system was still entering the storm water drainage system. OC&I informed the Respondents of the continuing violation and the actions necessary to correct the violation. No action was taken to comply. In the NOV, OC&I ordered the Respondents to cease the discharge of sewage to the storm water drainage system and retain a licensed designer to evaluate the cause of the violation and repair the system, if necessary. OC&I assessed an administrative penalty of $6,250.00.

February 24, 2009 - OC&I/Water Pollution File No. WP 08-124 re: Getty Terminals Corp. for an above ground storage facility for various types of refined petroleum the Respondent operates at Dexter Road and Massasoit Road in East Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001651. The RIPDES Permit authorizes the Respondent to discharge storm water and non-storm water from the facility to the Ten Mile River. The storm water is comprised of surface water from the terminal site, parking lots, and the containment or diked areas surrounding the above ground storage tanks and is treated by an oil/water separator prior to discharge. The facility has been shut down since April 2003 and currently does not discharge non-storm water. The RIPDES permit required the Respondent to: submit a Storm Water Pollution Prevention Plan (SWPPP) to RIDEM by October 1, 2005; comply with a discharge limit for total suspended solids of 20 milligrams per liter (mg/l) as a daily maximum; and comply with a discharge limit for oil & grease of 15 mg/l as a daily maximum. In accordance with the RIDPES permit the Respondent is required to submit to RIDEM a monthly Discharge Monitoring Report (DMR). The OC&I alleges that the Respondent is in violation of the Rhode Island Water Pollution Act, R.I.G.L. §46-12-5(a), the RIDEM Water Quality Regulations and the RIDEM RIPDES Regulations. The violation pertains to the failure to submit the SWPPP and the failure to comply with the permit limits for total suspended solids and oil & grease. On January 10, 2006, RIDEM issued a noncompliance letter to the Respondent that notified the Respondent that the SWPPP had not been submitted to RIDEM as required by the permit and required submission of the SWPPP within fifteen (15) days. The Respondent failed to comply. RIDEM reviewed the May 2007, July 2007, August 2007, and November 2007 DMRs. Evaluation of the DMRs revealed that the Respondent violated the permit limit for total suspended solids in May 2007 (47 mg/l), July 2007 (67 mg/l), August 2007 (25 mg/l), and November 2007 (101 mg/l) and violated the permit limit for oil & grease for July 2007 (45 mg/l). On January 22, 2008 RIDEM issued a Significant Noncompliance (SNC) Letter to the Respondent for the total suspended solids and oil & grease violations that occurred in 2007 and the failure to submit the SWPPP. The SNC Letter required the Respondent to take immediate action to comply with the permit limits and submit the following information to RIDEM within fifteen (15) days: a report on the cause of the permit limit violations and the SWPPP or information explaining why the Respondent is unable to submit the SWPPP. On February 12, 2008 ATC Lincoln Associates (Lincoln) submitted a letter to RIDEM on behalf of the Respondent in response to the SNC Letter. Lincoln stated that the cause of the permit limit violations was unknown but may be related to heavy sediment load or sampling error. Lincoln further stated that the Respondent would clean the oil/water separator and gather the necessary information to file the SWPPP. In the NOV, the Respondent was ordered to at all times comply with the RIPDES permit limits and submit the SWPPP within thirty (30) days. OC&I assessed an administrative penalty of $26,250.00.

February 26, 2009 - OC&I/Freshwater Wetland File No. C07-0106 re: Steven and Ellen Ceceri for property located approximately 800 northwest of the intersection of Douglas Pike and Pound Hill Road, at utility pole #142, Assessor's Plat 10, Lot 126 in the town of North Smithfield. The property is currently owned by the Respondents. The Respondents purchased the property on November 12, 2004. On May 14, 2001 the RIDEM Office of Water Resources issued to the prior owners of the property an insignificant alteration permit for the construction of a house within freshwater wetlands. The permit was recorded in the land evidence records for the town of North Smithfield. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and filling (in the form of soil material and stone), grading, and installing numerous property accessories within a 50-foot Perimeter Wetland and 200-foot Riverbank Wetland. These activities resulted in the unauthorized alteration of 13,600 square feet of freshwater wetland. On July 11, 2007 an OC&I inspector spoke with Respondent Steven Ceceri. Mr. Ceceri stated that he was aware there was a wetland permit for the property, but he had not seen the plan with the approved limit of work. Mr. Ceceri stated that he was responsible for the alterations and agreed to restore the wetlands. On August 9, 2007 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondents requiring restoration of the wetlands. The Respondents have not complied with the NIE. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $7,500.00.

February 2009 UST Notices of Violation issued by the OC&I:

The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertains to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) on or before June 30, 2007 for the underground storage tanks at the facility, which tanks are used for storage of petroleum products and are registered with RIDEM. In each case OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent(s). The NIE required the Respondent(s) to take specific corrective actions to resolve the violation. In each case the Respondent(s) failed to comply with the requirements of the NIE. In the NOV, OC&I ordered the Respondent(s) to submit the completed Compliance Certification Forms, if said Forms had not already been submitted to RIDEM. The NOV also included an administrative penalty of $1,500.00 for the late submission of the Forms or an administrative penalty of $3,000.00 for no submission of the Forms.

OC&I assessed the following administrative penalties against each named Respondent(s): INA Petroleum, Inc. ($1,500.00); YN Realty LLC and Succar Enterprises, Inc. ($3,000.00); Thurbers Avenue Realty, Inc. and Thurbers Avenue Service, Inc. ($3,000.00); Earle's Service Station, Inc. ($3,000.00); New Property Solutions, LLC ($3,000.00); Constance Nobrega, Trustee, Amir Kattan, and Mohammed Y. Kattan ($3,000.00); Gilbert F Carpenter ($3,000.00); John H Williams ($3,000.00); Crescent Park Manor Associates and Kelly & Picerne, Inc. ($3,000.00); The Cove Haven Corporation ($3,000.00); Fuel Depot, Inc. ($3,000.00); 171 Food Services of Woonsocket Realty Associates, LLC and J.O.D. Food Services Acquisition Co., LLC ($3,000.00; and The Estate of Marjorie G. McGinnes and M & C Associates, LLC ($3,000.00).

February 10, 2009 - OC&I/UST File No. 08-03176 re: INA Petroleum, Inc. for property located at 2862 Hartford Avenue, Assessor's Plat 57, Lot 61 in the town of Johnston. The property includes a convenience store and gas station.

February 11, 2009 - OC&I/UST File No. 09-03351 re: YN Realty LLC and Succar Enterprises, Inc. for property located at 446 Post Road, Assessor's Plat 293, Lot 4 in the city of Warwick. The property includes a convenience store and a service station.

February 11, 2009 - OC&I/UST File No. 09-18573 re: Thurbers Avenue Realty, Inc. and Thurbers Avenue Service, Inc. for property located at 1025 Eddy Street, Assessor's Plat 54, Lot 921 in the city of Providence. The property includes a convenience store and a gasoline station.

February 11, 2009 - OC&I/UST File No. 09-02650 re: Earle's Service Station, Inc. for property located at 35 Meeting House Lane, Assessor's Plat 20, Lot 14 in the town of Little Compton. The property includes a convenience store and gasoline station.

February 11, 2009 - OC&I/UST File No. 09-03818 re: New Property Solutions, LLC for property located at 397 Dyer Avenue, Assessor's Plat 8/4, Lot 2647 in the city of Cranston. The property includes a convenience store and gasoline station.

February 13, 2009 - OC&I/UST File No. 09-00761 re: Constance Nobrega, Trustee, Amir Kattan, and Mohammed Y. Kattan for property located at 54 Newport Avenue, Assessor's Plat 40, Lot 1005 in the city of Pawtucket. The property includes a convenience store and gasoline station.

February 13, 2009 - OC&I/UST File No. 09-00106 re: Gilbert F Carpenter for property located at 4049 South County Trail, Assessor's Plat 29, Lot 11 in the town of Charlestown. The property includes a service station.

February 13, 2009 - OC&I/UST File No. 09-01414 re: John H Williams for property located at 2 and 22 Seminole Street, Assessor's Plat 376, Lots 244 and 248 in the city of Warwick. The property includes a marina.

February 13, 2009 - OC&I/UST File No. 09-18203 re: Crescent Park Manor Associates and Kelly & Picerne, Inc. for property located at 243 Crescent View Avenue, Assessor's Map 413, Block 14, Parcel 1 in the city of East Providence. The property includes an apartment complex.

February 13, 2009 - OC&I/UST File No. 09-00724 re: The Cove Haven Corporation for property located at 101 Narragansett Avenue, Assessor's Plat 13, Lot 2 in the town of Barrington. The property includes a marina.

February 13, 2009 - OC&I/UST File No. 09-00879 re: Fuel Depot, Inc. for property located at 644 Putnam Pike, Assessor's Plat 3, Lot 8 in the town of Smithfield. The property includes a gasoline station.

February 13, 2009 - OC&I/UST File No. 09-00349 re: 171 Food Services of Woonsocket Realty Associates, LLC and J.O.D. Food Services Acquisition Co., LLC for property located at 171 St. Augustine Street, Assessor's Plat 42K, Lot 403 in the city of Woonsocket. The property includes a warehouse.

February 19, 2009 - OC&I/UST File No. 09-00720 re: The Estate of Marjorie G. McGinnes and M & C Associates, LLC for property located at 596 Corn Neck Road, Assessor's Plat 5, Lot 9 in the town of New Shoreham. The property includes a gasoline station.

Formal Enforcement Cases Settled or Resolved:

February 6, 2009 - OC&I/Air File No. 08-02 re: Covalence Specialty Adhesives LLC for a facility located at 51 Ballou Boulevard in the town of Bristol. The Respondent produces pressure sensitive tape at the facility and emits volatile organic compounds (VOCs) during the production process. A permit to emit VOCs from the facility was issued by RIDEM to a prior operator of the facility on June 5, 1991. The permit was transferred to the Respondent on March 8, 2006. Condition No. 1 of the permit requires the Respondent to maintain a thermal oxidizer (afterburner) to control emissions of VOCs at a destruction efficiency rate of 98% minimum at all times. On June 2, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM Air Pollution Control Regulation No. 9. The violation pertained to the failure to comply with the destruction efficiency rate in the permit. The Respondent notified the RIDEM that the destruction efficiency rate achieved by Respondent during a stack test performed on June 26, 2007 was 96.9%. Following a response to information requested of Respondent, the RIDEM determined that the Respondent continued to run its surface coating line(s) with adhesives containing VOCs without achieving the required 98% destruction efficiency for approximately four months. The Respondent submitted documents to RIDEM to demonstrate that its existing thermal oxidizer meets all air pollution regulatory requirements with a minimum of 96% destruction efficiency. In the NOV the OC&I ordered the Respondent to cease surface coating operations within forty-five (45) days until Respondent demonstrated to the RIDEM through performance stack testing that the Respondent's thermal oxidizer achieved a 98% destruction efficiency. OC&I assessed an administrative penalty of $6,500.00. 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 (CA) to resolve the enforcement action. RIDEM agreed to revise Condition No. 1 of the permit to reflect a reduction of destruction efficiency of the thermal oxidizer to 96%. In the CA the Respondent agreed to perform a stack test of its thermal oxidizer within one hundred eighty (180) days of execution of the CA (to insure the 96% destruction efficiency is achieved) and thereafter to conduct four (4) subsequent stack tests, with a frequency of one stack test every two (2) years, to demonstrate continued compliance with the 96% destruction efficiency. The Respondent also agreed to pay an administrative penalty of $6,000.00, which was paid upon execution of the Agreement.

February 6, 2009 - OC&I/Septic System File No. 2007 730 IS and CI02-0174 re: Marilyn Southworth and Marlene Medeiros for property located at 177-179 Cedar Avenue, Assessor's Plat 20, Lot 137 in the town of Portsmouth. The property includes a one family, three bedroom dwelling and is owned by the Respondents. On August 15, 2008 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the discharge of sanitary sewage to the surface of the ground from the individual sewage disposal system (ISDS) at the property. In the NOV, OC&I ordered the Respondents to reduce the discharge of sewage to the ISDS (such as through the use of water conservation devices), arrange to have the ISDS pumped by a licensed septage hauler as needed to prevent overflows until the ISDS can be permanently repaired, and repair the ISDS. OC&I assessed an administrative penalty of $2,000.00. 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 repair the failed ISDS and pay an administrative penalty of $1,000.00, which was paid upon execution of the Agreement.

February 25, 2009 - OC&I/Hazardous Waste File No. 2007-595-HW re: Monarch Metal Finishing Co., Inc. for a facility located at 189 Georgia Avenue, Assessor's Plat 58, Lot 540 in the city of Providence. The Respondent conducts an electroplating and metal finishing operation at the facility. On May 1, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations enforceable by RIDEM. The violations pertain to Respondent's failure to provide annual hazardous waste training to company employees who manage hazardous waste and to maintain records of the training sessions; failure to conduct weekly inspections of the areas where containers of hazardous waste are stored to check for spills, releases and container conditions; and failure to maintain inspection logs for weekly inspections of hazardous waste container storage areas. The violations identified by the OC&I during an inspection of the facility were repeat violations by the Respondent. In the NOV, OC&I ordered the Respondent to achieve compliance with the regulations and assessed an administrative penalty in the amount of $7,500.00. The Respondent filed an appeal of the NOV with AAD. The Respondent complied with the ordered actions in the NOV. 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 $5,000.00. The Respondent paid $2,500.00 upon execution of the Agreement and agreed to pay $500.00 per month for five (5) consecutive months.

February 26, 2009 - OC&I/Water Pollution File No. WP 07-06 re: Veolia Water North America Operating Services, LLC and the City of Woonsocket. The city of Woonsocket (Woonsocket) owns the Woonsocket Wastewater Treatment Facility (Facility) in the city of Woonsocket. Veolia Water North America Operating Services, LLC (Veolia Water) operates the Facility for Woonsocket. Woonsocket is the holder of Rhode Island Pollutant Discharge Elimination System Permit No. RI0100111. The permit authorizes Woonsocket to discharge treated wastewater from the Facility to the Blackstone River. On June 19, 2007 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rhode Island Water Pollution Act, R.I.G.L. §46-12-5(a), the RIDEM Water Quality Regulations, and the RIDEM Rhode Island Pollutant Discharge Elimination System Regulations. The violations pertained to Respondents' failure to comply with the permit for the following parameters and time periods: Total Ammonia (April 2005, August 2005, September 2005); Total Phosphorous (April 2005, June 2005, July 2005, September 2005, October 2005); Total Cyanide (July 2005, August 2005); Total Suspended Solids (April 2005, October 2005); Total Nitrogen (April 2005, September 2005); Fecal Coliform Bacteria (April 2005); Carbonaceous Biological Oxygen Demand (October 2005); and Total Residual Chlorine (October 2005). In the NOV OC&I assessed an administrative penalty of $175,000.00. The Respondents filed an appeal of the NOV with AAD. The Respondents submitted documentation to RIDEM on September 17, 2007 that demonstrated to the satisfaction of RIDEM that certain violations alleged in the NOV should be dismissed. Subsequently, the penalty was reduced to $106,250.00. 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 pay an administrative penalty of $95,000.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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