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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > February 2014 Summary

 
February 2014 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 2014. 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 Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

February 11, 2014 - Underground Storage Tank File No. 2013-65-00577 re: DARC Realty, LLC and DARC, Inc. for property located at 400 Main Street, Assessor's Block 113, Parcel 497 in the town of Tiverton. The property includes a service station, a car wash, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). DARC, Realty, LLC owns the property. DARC, Inc. operates the facility. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: maintain inventory control records; have a list of all Class C UST facility operators assigned to the facility available; verify that the UST facility operators on duty at the time of the inspection had been properly trained; and verify that the Class A or Class B UST facility operator performed monthly inspections. On September 10, 2013 the OC&I inspected the facility and documented the violations. On September 11, 2013 the OC&I issued an informal written notice to the Respondents for the violations. The notice required specific actions to correct the violations. The Respondents failed to fully comply with the notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 45 days. The OC&I assessed an administrative penalty of $6,000.

February 14, 2014 - Underground Storage Tank File No. 2013-123-00217 re: WESTERLY YACHT CLUB for property located at 1 Watch Hill Road, Assessor's Plat 117, Lot 26 in the town of Westerly. The property includes a yacht club, a gasoline dispensing system and 1 underground storage tank (UST or tank) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent violated the RIDEM's 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) for the underground storage tank at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 7, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required the Respondent to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Respondent on November 8, 2013. The Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $3,000.

February 14, 2014 - Underground Storage Tank File No. 2013-131-00613 re: Mohamed Amer and MCA Enterprises, Inc. for property located at 514 Greenville Avenue, Assessor's Plat 48, Lot 356 in the town of Johnston. The property includes a convenience store, a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Mohamed Amer owns the property. MCA Enterprises, Inc. operates the facility. The OC&I alleges that the Respondents violated the RIDEM's 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) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 7, 2013 the OC&I issued an informal written notice to the Respondents for the violation. The notice required the Respondents to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Respondents on November 8, 2013. The Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The Respondents were previously cited by the OC&I for this same violation in a formal notice that was issued on November 23, 2010. The Respondents and the OC&I entered into a consent agreement to resolve the formal notice. Given the prior history with the Respondents for this same violation, in the NOV the OC&I assessed an administrative penalty of $4,000.

February 17, 2014 - Underground Storage Tank File No. 2013-127-00616 re: Charles Street Realty, Inc. and Kelly's Car Wash, Inc. for property located at 202 Charles Street, Assessor's Plat 2, Lot 26 in the city of Providence. The property includes a convenience store, a service station, a car wash, a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Charles Street Realty, Inc. owns the property. Kelly's Car Wash, Inc. operates the facility. The OC&I alleges that the Respondents violated the RIDEM's 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) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 7, 2013 the OC&I issued an informal written notice to the Respondents for the violation. The notice required the Respondents to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered to the Respondents on November 9, 2013. The Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The Respondents were previously cited by the OC&I for this same violation in a formal notice that was issued on September 25, 2006. The penalty assessed in the formal notice remains unpaid and is part of ongoing litigation. Given the prior history with the Respondents for this same violation, in the NOV the OC&I assessed an administrative penalty of $4,000.

February 17, 2014 - Site Remediation File No. 13-02 re: Omni 1C, LLC, Omni Combined W.E., LLC, and The CJF Group, Ltd. for a property located at 2 Fox Place, Assessor's Plat 26, Lots 52, 53, 57 and 157 in the city of Providence. Omni 1C LLC (Omni 1C) owns the property. Omni 1C acquired the property on February 14, 2013. Omni Combined W.E., LLC (Omni Combined) owned the property from February 5, 2013 until February 14, 2013. The CJF Group, Ltd. (CJF) owned the property prior to February 5, 2013 at all times relevant to this NOV. On June 15, 2012 the RIDEM issued a letter to CJF approving a plan to remediate contaminated soil on the property (RAWP). The letter specified that the preferred remedial alternative included installing a geo-textile liner and soil cap, recording an environmental land use restriction (ELUR) and implementing a soil management plan (SMP). On October 19, 2012 the RIDEM issued a letter to CJF certifying that the geo-textile liner and soil cap were properly installed and authorizing the recording of the ELUR. The ELUR included the SMP. On August 1, 2012 the ELUR was recorded. The ELUR includes the following provisions: no soil on the property shall be disturbed without the RIDEM's written permission, except as allowed in the RAWP and SMP; no alteration of any kind to any portion of the property is allowed that is inconsistent with the ELUR without the RIDEM's written permission; and all the terms and conditions of the ELUR run with the land and are binding on each owner or party entitled to control, possession or use of the property during such period of ownership or possession. The OC&I alleges that the Respondents violated the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). The violations pertain to the Respondents' failure to comply with the ELUR and SMP and failure to notify the RIDEM of a change in ownership of the property. On May 3, 2013 the RIDEM inspected the property. The inspection revealed the following: construction equipment was present on Lot 57; the building on Lot 57 was torn down; the soils at the bottom of the sloped area where the building on Lot 57 was located were exposed; a portion of the pavement on Lot 57 was torn; a large part of the building on Lot 53 was demolished and the cap was disturbed; and access to Lot 53 and Lot 57 was not restricted and no attempt was being made to prevent exposure to contaminated soil. On May 14, 2013 the RIDEM approved the continued demolition of the building on Lot 53 with the condition that the underlying soils were not disturbed. On November 15, 2013 the RIDEM inspected the property and spoke with Dominic Shelzi, who identified himself as the vice president for Omni Property Group, Inc. The inspection and discussion with Mr. Shelzi revealed the following: Mr. Shelzi stated that the pavement was mostly intact underneath the construction debris and layer of dirt on Lots 53 and 57; the RIDEM inspector observed that a portion of the pavement on Lot 57 was torn and Mr. Shelzi stated that the company is aware it's an issue and installed silt fencing to prevent erosion or spreading of contaminated soil; Mr. Shelzi stated that the footprint of the former building on Lot 53 is the only area of the cap disturbance on this lot; and the RIDEM inspector observed that the area of cap disturbance on Lot 53 was not covered and contaminated soil was exposed at the surface. In the NOV, the OC&I ordered Omni 1C to submit documents to the RIDEM that verify the proper disposal of any contaminated soil removed from the property, submit a report that details all activities that have occurred on the property, retain an environmental consultant and have the consultant submit a plan to the RIDEM for review and approval to return the property to compliance with the ELUR, and complete the required actions in accordance with the RIDEM's approval. The OC&I assessed an administrative penalty of $12,500 against Omni 1C and $1,250 each against CJF and Omni Combined for failing to notify the RIDEM of the change in ownership of the property.

February 20, 2014 - Underground Storage Tank File No. 2013-142-01327 re: D&P Holdings, LLC and Patricio Pinto for property located at 517 Warren Avenue, Assessor's Map 307, Block 9, Parcel One in the city of East Providence. The property includes a service station, a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). D&P Holdings, LLC owns the property. VALLY AUTO SERVICE, INC. operates the facility. The Certificate of Incorporation/Authority for the company was revoked by the Rhode Island Secretary of State on September 14, 2012. Patricio Pinto is the last known president of the company. The OC&I alleges that the Respondents violated the RIDEM's 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) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 14, 2013 the OC&I issued an informal written notice to the Respondents for the violation. The notice required the Respondents to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice to VALLY AUTO SERVICE, INC. was delivered on November 16, 2013 and the notice to D&P Holdings, LLC was delivered on November 18, 2013. The Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $3,000.

February 20, 2014 - Underground Storage Tank File No. 2013-137-01062 re: Souhail Khoury for property located at 6690 Post Road, Assessor's Plat 157, Lot 165 in the town of North Kingstown. The property includes a convenience store, a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The town of North Kingstown tax assessor's database lists Cory's Real Estate, LLC as the owner of the property. The Certificate of Organization/Registration for the company was revoked by the Rhode Island Secretary of State on August 1, 2012. The Respondent is the last known president of the company. The Respondent operates the facility. The OC&I alleges that the Respondent violated the RIDEM's 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) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 14, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required the Respondent to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered on November 27, 2013. The Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $3,000.

February 20, 2014 - Underground Storage Tank File No. 2013-139-01177 re: Albert Therien and Doris Therien for property located at 3585 Mendon Road, Assessor's Plat 52, Lot 331 in the town of Cumberland. The property includes a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondents own the property. The OC&I alleges that the Respondents violated the RIDEM's 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) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 14, 2013 the OC&I issued an informal written notice to the Respondents for the violation. The notice required the Respondents to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered on November 16, 2013. The Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $3,000.

February 20, 2014 - Underground Storage Tank File No. 2013-138-01065 re: New England Farms Express, LLC for property located at 414 Smithfield Avenue, Assessor's Plat 77, Lot 821 in the city of Providence. The property includes a convenience store, a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent violated the RIDEM's 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) for the underground storage tanks at the facility. On or about March 8, 2013 the RIDEM issued a letter to all registered UST owners/operators that required the owners/operators to inspect their facility and complete and submit the Compliance Certification Forms by June 30, 2013. On or about July 10, 2013 the RIDEM sent a second written notice to all non-compliant registered UST owners/operators requiring submission of the Compliance Certification Forms by July 31, 2013. On November 14, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required the Respondent to inspect the facility and submit the completed Compliance Certification Forms within 15 days. The notice was delivered on November 18, 2013. The Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to inspect the facility and submit the completed Compliance Certification Forms to the RIDEM within 30 days. The OC&I assessed an administrative penalty of $3,000.

February 21, 2014 - Air File No. 13-12 re: Rhode Island LFG Genco, LLC for a facility located at 65 Shun Pike in the town of Johnston. The facility includes a gas conditioning and compression (GCC) plan, combustion turbines and flares. The Respondent owns and/or operates the facility and has a major source permit from the RIDEM to emit air pollutants from the facility. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits and the RIDEM's APC Regulation No. 22 - Air Toxics. The violation pertains to the installation of equipment without a permit from the RIDEM. On or about November 5, 2012 the Respondent installed and operated a bioreactor exhausting to a carbon canister system at 75 Shun Pike to control emissions from the facility (bioreactor). On or about December 2012, the Respondent installed another carbon canister system at 75 Shun Pike to control emissions from a filtrate tank and tote filling operation (carbon canister system). On or about July 9, 2013 the town of Johnston ordered that the bioreactor be shut down. The Respondent complied with the town's order. On July 31, 2013 the RIDEM received a request from GZA GeoEnvironmental, Inc. on behalf of the Respondent to revise the permit. The request included an updated air toxics evaluation for the facility. The RIDEM's review of the evaluation revealed that the bioreactor had the potential to increase emissions of 6 listed toxic air contaminants (benzene; 1,4-dichlorobenzene; tetrachloroethylene; toluene; naphthalene; and hydrogen sulfide) by greater than the minimum quantity for that contaminant in the RIDEM's APC Regulations, indicating that the Respondent should have applied for a minor source permit from the RIDEM for the bioreactor prior to installation. On August 6, 2013 the RIDEM responded to the Respondent's request by revising the permit allowing emissions from the bioreactor to be exhausted to the GCC flare, eliminating the need for the bioreactor permit. On or about August 16, 2013 the Respondent submitted to the RIDEM a registration form for the carbon canister system. On September 19, 2013 the RIDEM approved the registration for the carbon canister system. In the NOV, the OC&I assessed an administrative penalty of $16,790.

February 25, 2014 - Underground Storage Tank File No. 2013-76-00591 re: ASAD ALI, LLC for property located at 823 Newport Avenue, Assessor's Plat 17, Lot 830 in the city of Pawtucket. The property includes a motor fuel filling station and underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property. The OC&I alleges that the Respondent violated the RIDEM's 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 Certified UST Facility Operators Registration Form (Registration Form) for the underground storage tanks at the facility. On September 25, 2012 and December 10, 2012 the RIDEM issued an informal written notice to the owner/operator by regular mail. The notice required the owner/operator to submit the Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On October 2, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice required the Respondent to submit the Registration Form to the RIDEM within 60 days. The notice was delivered to the Respondent on October 8, 2013. The Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to within 60 days assign at least 1 trained and certified Class A UST facility operator and at least 1 trained and certified Class B UST facility operator to the facility, train all facility employees as (at least) Class C facility operators and compile a list of Class C UST facility operators that have been trained and assigned to the facility, and complete and submit the Registration Form to the RIDEM. The OC&I assessed an administrative penalty of $5,000.

Formal Enforcement Cases Settled or Resolved:

February 3, 2014 - OWTS File 13-15 and CI 13-12 re: Andrew V. Case and Christine A. Case for property located at 11 Oak View Drive in the city of Cranston. The property includes a residential dwelling and is owned by the Respondents. On October 21, 2013 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On April 10, 2013, the OC&I inspected the property and documented the violation. On May 1, 2013 the OC&I issued an informal written notice to the Respondents for the violation. The notice required specific actions to correct the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00. The Respondents did not file an appeal of the NOV with AAD. The Respondents repaired the OWTS and agreed to pay a reduced penalty of $500. The penalty was paid, which resolved the NOV.

February 11, 2014 - Air File No. 13-02 re: Aspen Aerogels, Inc. for a facility located at 3 Dexter Road in the city of East Providence. On August 3, 2011 the RIDEM issued a permit to the Respondent. The permit requires the Respondent to capture: all volatile organic compound (VOC) and ammonia emissions generated at two casting tables and roll windup areas and discharge them to an air pollution control system consisting of a wet scrubber and thermal oxidizer (Air Pollution Control System); and all VOC, ammonia and particulate matter emissions generated from two heat treatment ovens and discharge them to the Air Pollution Control System. On January 22, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the Respondent's failure to comply with its permit. On September 22, 2011 and September 26, 2011, the RIDEM inspected the facility. The inspection revealed the following: the installation of a baghouse associated with the heat treatment ovens and four dust collectors in the heat treatment room; failure to capture all of the VOC and ammonia emissions generated at the two casting tables and roll wind-up areas and discharge them to the Air Pollution Control System as evidenced by a gap between the outlet of the oven and the cover located on top of the rewind enclosure and observation of 5 rooftop blowers that discharge exhaust air from each of the casting/production areas, louver exhaust panels (some equipped with fans), and overhead doors; and failure to capture all of the particulate matter, ammonia and/or VOC emissions generated from the heat treatment ovens in the vicinity of the unwind area/inlet to the ovens and discharge them to the Air Pollution Control System as evidenced by observation of haze in the heat treatment room and airborne particulate matter and ammonia odor interior to the room, observation of particulate matter on the floor beneath the unwind/feed station to the ovens, and observation of particulate matter falling off the product as it was unwound and fed into the heat treatment oven. The Respondent failed to register the baghouse/collectors with RIDEM prior to its installation. In response to the inspection, the Respondent submitted to the RIDEM registration forms for the baghouse/collectors. As of the date of the NOV, the Respondent continued to operate in noncompliance with its permit. In the NOV, the OC&I ordered the Respondent to submit evidence to the RIDEM within 30 days that it constructed/installed permanent total enclosures for each and every casting table, roll wind-up area, heat treatment oven, and unwind/feed area/inlet to each oven. The OC&I assessed an administrative penalty of $7,500.00. The Respondent filed an appeal of the NOV with AAD. After the NOV was issued, the Respondent informed the RIDEM that it had transferred operations of the facility to Aspen Aerogels Rhode Island, LLC on October 11, 2012. Aspen Aerogels, Inc. stated that it had completed capital modifications to the heat treatment room on May 31, 2013 and that it substantially completed the construction of a permanent total enclosure for casting table line 2 on June 28, 2013. Prior to an administrative hearing on the NOV, the OC&I, Aspen Aerogels, Inc. and Aspen Aerogels Rhode Island LLC executed a Consent Agreement to resolve the NOV. Aspen Aerogels Rhode Island, LLC agreed to complete work to casting table lines 1 and 2 and demonstrate by April 30, 2014 that each enclosure of the casting line tables comply with the Code of Federal Regulations 40 CFR Part 51, Appendix M, Method 204 entitled Criteria For and Verification of a Permanent or Temporary Total Enclosure. Aspen Aerogels Rhode Island, LLC also agreed to pay the full administrative penalty of $7,500 within 30 days of execution of the Consent Agreement.

February 11, 2014 - Air File No. 13-06 re: Dominion Energy Manchester Street, Inc. for a facility located at 40 Point Street in the city of Providence. On June 26, 2007 the RIDEM issued an operating permit to the Respondent (permit). The permit was revised on July 31, 2009. The permit requires a nitrogen oxides (NOX) emission rate of 300 pounds NOX per hour or less during startup of combustion turbine no. 9. On October 15, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 29 - Operating Permits. The violation pertained to the Respondent's failure to comply with its permit. On January 30, 2013 the RIDEM received correspondence from the Respondent. The correspondence revealed that on January 23, 2013 the hourly nitrogen oxides emission rate during startup of the turbine was 398.6 pounds NOX per hour for one hour. In the NOV, the OC&I assessed an administrative penalty of $1,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid the full penalty to resolve the NOV.

February 11, 2014 - Air File No. WP 11-20 re: Kisco LLC for property located at 957 Broad Street in the city of Central Falls. The property includes a gasoline filling station. On March 20, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 11 - Petroleum Liquids Marketing and Storage. The violations pertained to the operation of gasoline dispensers with a malfunctioning vapor recovery system. On or about June 6, 2011, the RIDEM received a report prepared by Compliance Solutions, Inc. on behalf of the Respondent on the results of testing of the Stage II vapor recovery system at the station. The report stated that the system failed tests identified as the "Blockage Test" and "A/L Ratio Test". On June 6, 2011 and September 20, 2011, the RIDEM issued letters to the Respondent in response to the failed tests. The letters required the Respondent to repair the vapor recovery system and conduct new tests immediately or remove from service the gasoline dispensers. On October 7, 2011 and October 11, 2011, the RIDEM observed customers at the station dispensing fuel from the dispensers with the malfunctioning vapor recovery system. The Respondent failed to repair the vapor recovery system. In the NOV, the OC&I ordered the Respondent to immediately remove the dispensers from service and keep the dispensers out of service until the vapor recovery system is repaired. The OC&I assessed an administrative penalty of $10,996.00. The Respondent did not file an appeal of the NOV and did not comply with the NOV. On June 20, 2012 the OC&I issued a letter of default to the Respondent. The OC&I received no response to the letter. The Certificate of Incorporation/Authority for the company was revoked by the Rhode Island Secretary of State on August 1, 2012 and the property is now owned by MADJOE, LLC. MADJOE, LLC provided documentation to the OC&I to show that it has and had no ownership interest with the Respondent. As the Respondent no longer legally exists and MADJOE, LLC now owns the property, the OC&I closed its case without attempting to collect the administrative penalty assessed in the NOV.

February 17, 2014 - Air File No. 13-14 re: Rhodes Technologies, Inc. for a facility located at 498 Washington Highway in the town of Coventry. On May 14, 2012 the RIDEM issued an approval to the Respondent that was revised on December 21, 2012. The approval requires the Respondent to restrict the total quantity of volatile organic compounds (VOCs) emitted to the atmosphere from the methyl chloride scrubber so as not to exceed 15 pounds per day. On January 21, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the Respondent's failure to comply with its approval. On February 1, 2013 the RIDEM received correspondence from the Respondent pertaining to emission exceedances that occurred at the facility on December 31, 2012 and January 1, 2013. The Respondent reported that the facility emitted 15.2 pounds and 17.7 pounds of VOCs, respectively, on those dates. In the NOV, the OC&I assessed an administrative penalty of $1,500.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid the full penalty to resolve the NOV.

February 20, 2014 - OWTS File CI00-210 re: Bryan Gartner for property located at 83 East Shore Drive, Assessor's Plat 31, Lot 124 in the town of Coventry. The property includes a dwelling that was owned by the Respondent. On April 14, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage from the sewage disposal system located on the property to the surface of the ground. In the NOV, the OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system. The OC&I assessed an administrative penalty of $1,800. The Respondent did not file an appeal of the NOV and did not comply with the NOV. The property was sold to a new owner. The new owner repaired the system and was issued a Certificate of Conformance by the RIDEM on June 11, 2013. The new owner also paid the full penalty of $1,800, which resolved the NOV.

February 27, 2014 - Water Pollution File No. 13-84 X-Ref RIPDES RI0023761 re: P. J. Keating Company for a property located at 875 Phenix Avenue in the city of Cranston. The property includes a facility that is engaged in the mining of stone from an on-site quarry and the production of crushed stone, gravel, sand, concrete and asphalt. The RIDEM issued the Respondent a permit on June 4, 2009 to discharge storm water from the facility to an unnamed tributary flowing into Furnace Hill Brook. The permit became effective on July 1, 2009. The permit requires the Respondent to collect samples once each quarter, analyze the samples for specific pollutants identified in the permit and report the results to the RIDEM on discharge monitoring reports (DMRs). On January 21, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act and the RIDEM's Water Quality Regulations and the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertained to the Respondent's failure to comply with its permit. The RIDEM received from the Respondent DMRs for the first quarter of calendar year 2012 and the second quarter of calendar year 2013. The DMRs stated that the Respondent failed to collect samples in either quarter. In the NOV, the OC&I assessed an administrative penalty of $5,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid the full penalty to resolve the NOV.

Superior Court Actions Issued:

February 21, 2014 - Hazardous Waste File No. 2007 746 HW and Superior Court File No. PM 14-1033 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant William L. Ricci for property located at 715R Branch Avenue in the city of Providence. The property includes the former Wanskuck Mill Power House building and is currently owned by Wanskuck Steam Power Co (WSP). The Defendant is the former president of WSP. WSP had its corporate status revoked by the Rhode Island Secretary of State in 1993. Wanskuck Steam and Power HVAC Co., LLC is listed in the Rhode Island Secretary of State corporation database as the successor corporation to WSP. The Defendant is the former owner of Wanskuck Steam and Power HVAC Co., LLC. Wanskuck Steam and Power HVAC Co., LLC had its corporate status revoked by the Rhode Island Secretary of State in 2011. Upon information and belief, the Defendant has retained control over the property at all times relevant to this complaint. On January 12, 2010 the OC&I issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Oil Pollution Control Act and the RIDEM's Rules and Regulations for Hazardous Waste Management, Oil Pollution Control Regulations, and Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertaining to hazardous waste related to the storage of hazardous waste without approval from the RIDEM and the failure to: determine if waste meets the definition of hazardous waste; label containers with the words "Hazardous Waste", the name and address of the generating facility, the USDOT shipping name, the Environmental Protection Agency (EPA) or Rhode Island waste code, the accumulation start date, and/or the hazardous waste manifest number; mark containers holding hazardous waste with the date on which the waste first began to accumulate; maintain sufficient aisle space to allow unobstructed movement of personnel, fire protection, spill control and decontamination equipment; provide a containment system for all drums and containers holding liquid hazardous waste in storage; and transfer hazardous waste from a container in poor condition to one in good condition. The violations pertaining to oil pollution related to the placement of oil on the land and the storage of oil spill cleanup debris for more than 30 days. The violations pertaining to underground storage tanks related to the failure to register the tanks with the RIDEM and the abandonment of the tanks. On May 4, 2006 the RIDEM inspected the property to investigate a complaint of an oil spill. The RIDEM observed a release of about 200 gallons of #6 heating oil on the ground. The RIDEM issued a Notice of Responsibility to the Defendant requiring specific actions to remediate the violation. The RIDEM did not receive a response to the notice. On May 31, 2007 the RIDEM inspected the property to investigate a complaint of improper disposal of hazardous waste. The inspection revealed hundreds of containers holding unidentified materials in the building. Due to the extent of the potential violations, the RIDEM requested assistance from the EPA. Subsequent inspections by the RIDEM and the EPA on June 27, 2007, September 6, 2007, August 12, 2008, and August 14, 2008 confirmed that many of the containers held hazardous waste. The EPA retained a private contractor to remove all the hazardous waste from the building and properly dispose of the waste at a permitted disposal facility. The inspections also revealed that a stockpile of oil cleanup debris > 3 cubic yards was on the ground under polyethylene sheeting and that 4 unregistered underground storage tanks that formerly supplied fuel to the power house were present. In the NOV, the OC&I ordered the Defendant to remove and properly dispose of the oil spill cleanup debris, permanently close the underground storage tanks in accordance with the RIDEM's UST Regulations, and complete a site investigation of the property and corrective action plan in accordance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $129,328.00 against the Defendant. The Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV and pay the administrative penalty assessed in the NOV.

February 28, 2014 - Multi Media/Solid Waste and OWTS/File Nos. SW 2011-03 and OWTS CI 09-007 and Superior Court File No. WM 14-0110 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Two Moons Rising, LLC for a property located at 901 Mooresfield Road in the town of South Kingstown. The property includes a two bedroom single family dwelling. An onsite wastewater treatment system (OWTS) treats the wastewater from the toilets, showers, and sinks for the dwelling (Main OWTS). A separate OWTS treats the laundry wastewater from the dwelling (Laundry OWTS). The Defendant owns the property. Russell Koza and Kelly Jarvis acquired the property on October 15, 2012 from Fannie Mae a/k/a Federal National Mortgage Association and transferred the property shortly thereafter to the Defendant. Mr. Koza is listed as the registered agent for the Defendant. Upon information and belief, Mr. Koza has resided on the property since at least February 11, 2009. On August 21, 2013 the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Refuse Disposal Act and the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The solid waste violation pertained to the depositing of approximately 431 cubic yards of solid waste on the ground as of the OC&I's last inspection of the property on June 25, 2013 (consisting of unregistered vehicles and boats and other mixed solid waste including a container of used motor oil deposited on the ground). The OWTS violations pertained to the discharge of wastewater from the Main OWTS and Laundry OWTS to the surface of the ground. Inspections of the property by the OC&I on February 11, 2009, May 24, 2010, November 1, 2010, January 24, 2013 and June 25, 2013 documented the violations. On May 5, 2011 the OC&I issued a NOV to the former owner of the property for the violations that are the subject of this NOV. In the prior NOV, the OC&I ordered the former owner to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the RIDEM's OWTS Regulations. On September 26, 2012, the OC&I received a letter from Mr. Koza. The letter stated that he and Ms. Jarvis were in the process of acquiring the property from the bank and wanted to resolve the violations. Mr. Koza and Ms. Jarvis failed to comply with the former NOV. In this NOV, the OC&I ordered the Defendant to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the RIDEM's OWTS Regulations. The OC&I assessed an administrative penalty of $7,650.00. The Defendant did not file an appeal of the NOV with AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV and pay the administrative penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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