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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > January 2004 Summary

 
January 2004 Enforcement Action Summary

Formal Enforcement Actions Issued
Formal Enforcement Actions Settled or Resolved
Superior Court Actions Issued
Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of January 2004. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Technical and Customer Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be addressed to Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

January 5, 2004 - OC&I/UST File No. 03-02188 re: Cardi Corporation/Jefferson Realty, LLC for property located at 400 Lincoln Avenue, Assessor's Plat 282, Lot 127 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to general maintenance of UST facilities and their components, testing requirements for UST cathodic protection systems, inventory record keeping, continuous monitoring of double-walled piping, annual testing of line leak detectors, monthly and annual testing of UST continuous monitoring systems, construction requirements for tank pad observation wells and record keeping. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $9,275.00.

January 5, 2004 - OC&I/UST File No. 03-00536 re: Skees Realty, Ltd. for property located at 753 East Main Road (Middletown Mobil), Assessors Plat 113, Lot 800 in the Town of Middletown. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to continuous monitoring of double-walled USTs and piping systems and the prohibition of any deactivation except for repair, annual testing requirements for line leak detectors, monthly and annual testing of UST continuous monitoring systems and record keeping requirements. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed a penalty in the amount of $5,098.00.

January 5, 2004 - OC&I/UST File No. 03-01261 re: Alliance Energy Corporation for property located at 3344 West Shore Road, Assessor's Plat 364, Lot 17 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to annual testing requirements for UST leak detection equipment, monthly and annual testing requirements for UST continuous monitoring systems and maintenance of applicable test records. In the NOV, the OC&I ordered the Respondent to submit all test records for missing years and assessed a penalty in the amount of $7,551.00. The Respondent has filed an appeal of the NOV with the AAD.

January 6, 2004 - OC&I/UST File No. 03-03159 re: West Warwick Sewer Commission for its West Warwick Regional Waste Waster Treatment Facility located at One Pontiac Avenue, Assessor's Plat 39, Lot 4 in the Town of West Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations over a multi-year period. The violations pertain to inventory record keeping requirements, continuous monitoring of the interstitial space of double-walled USTs, line tightness testing, operation and maintenance of UST continuous monitoring systems, sumps and leak and spill response, monthly and annual testing requirements for UST continuous monitoring systems, installation of spill containment basins, installation of overfill protection, UST fill port labeling and record keeping requirements. In the NOV, OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $33,754.00.

January 6, 2004 - OC&I/RCRA File No. 03-036 re: Plantation Heat Treating Corp. for property located at 184 Woonasquatucket Avenue, Assessor's Plat 10, Lot 91, in the Town of North Providence. The OC&I alleges that the Respondent is in violation of Rhode Island's Hazardous Waste Management Act, RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations. The violations pertain to the requirement to label hazardous waste containers, clearly mark and make visible for inspection the date upon which each period of accumulation began on each container of hazardous waste, provide secondary containment for containers of liquid hazardous waste, storing hazardous waste in containers in good condition, keeping containers holding incompatible hazardous wastes separated by a physical barrier, maintain adequate aisle space in hazardous waste storage areas, maintain documentation of weekly inspections of hazardous waste storage areas, submitting to RIDEM a list of agents authorized to sign hazardous waste manifests, training for employees involved in hazardous waste management, filing an exception report and properly distributing copies of hazardous waste manifests and developing and maintaining a hazardous waste contingency plan specific to the facility. In the NOV, ordered the Respondents to achieve compliance with state and federal hazardous waste regulations and assessed a penalty in the amount of $34,750.00.

January 6, 2004 - OC&I/UST File No. 03-01732 re: the Bristol Department of Public Works for property located at 111 Mt. Hope Avenue, Assessor's Plat 30, Lot 75 in the Town of Bristol. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations over a multi-year period. The violations pertain to corrosion protection requirements for UST systems, continuous interstitial space electronic monitoring of double-walled UST systems, inventory record keeping requirements, monthly and annual testing requirements of UST continuous monitoring systems and maintenance of test records. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed a penalty in the amount of $22,930.00.

January 12, 2004 - OC&I/Water Pollution File No. 04-01 and Wetlands File No. C02-0301 re: Joseph Vinagro for property located approximately 250 feet south of Shun Pike, approximately 900 feet west of "A" Street, approximately 900 feet southwest of the intersection of Shun Pike and "A" Street, Assessors Plat 32, Lot 1, Plat 33, Lot 28 and Plat 43, Lot 66, all in the Town Johnston. OC&I alleges the Respondent is in violation of the Water Pollution Control Act, the Water Quality Regulations, the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The freshwater wetland violations pertain to filling (in the form of soil material), grading, clearing and/or creating soil disturbance within a 100 foot-Riverbank Wetland, Stream, Forested Wetland, Area Subject to Stormflowage, and Emergent Plant Community. These activities have resulted in the unauthorized alteration of approximately 67,900 square feet of Freshwater Wetland. The water pollution violations pertain to the discharge of pollutants (in the form of sediment) into waters of the State (an unnamed Stream tributary to Cedar Swamp Brook and Cedar Swamp Brook) in concentrations that resulted in a violation of State water quality standards and the discharge of stormwater from the property without a permit from DEM. These violations have resulted in the contamination of 8/10 mile of the unnamed tributary to Cedar Swamp Brook and Cedar Swamp Brook. In the NOV OC&I ordered the Respondent to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $99,750.00.

January 14, 2004 - OC&I/Solid Waste File No. 04-003 re: Richie Realty Corp. and Kimberly Keefe for property located at 2 Skunk Hill Road, Assessor's Plat 4B, Lots 14 and 16 in the Town of Richmond. The OC&I alleges that the Respondents are in violation of the State of Rhode Island's Refuse Disposal Act. The violations pertain to disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. The violations involve the disposal of several thousand cubic yards of tree waste along with the disposal of other solid waste mixed with the tree waste including scrap metal, used vehicle tires and wire. OC&I ordered the Respondents to cease acceptance, placement or disposal of any solid waste on the property, cease operating a solid waste management facility, remove all solid waste and dispose of the waste at a licensed solid waste management facility. A penalty in the amount of $68,097.00 was assessed in the NOV.

January 15, 2004 - OC&I/Septic System File No. CI 00-32 re: John & Dale Hayden for property located at 214 Highland Road, Assessor's Plat 92, Lot 46 in the Town of Tiverton. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of the Rules and Regulations Establishing Minimum Standards Relating to the Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violations pertain to the discharge of sewage to the surface of the ground from the septic system for the dwelling. A Notice of Intent to Enforce (NOI) was issued to the Respondents on February 28, 2000 and September 7, 2000 for the violation. The Respondents failed to adequately comply with the terms of the NOI. In the NOV the Respondents were ordered to immediately have the system pumped by a licensed septage hauler, continue such pumping until the system is repaired, immediately take steps to reduce the discharge of sewage to the system, and repair the system. OC&I assessed a penalty in the amount of $4,000.00.

January 20, 2004 - OC&I/Septic System File No. CI 00-239 re: Marra/Pinelli Realty, Inc. for property located at 2089-2093 Kingstown Road, Assessor's Plat 32-4, Lot 32 in the Town of South Kingstown. The property includes a multi-family (2 unit) dwelling and a single-family dwelling. OC&I alleges that the Respondent is in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the septic systems for the multi-family and single-family dwellings. A NOI was issued to the Respondent on July 17, 2001 and April 16, 2003 for the violations. The Respondent failed to comply with the terms of the NOIs. In the NOV the Respondent was ordered to immediately have the systems pumped by a licensed septage hauler and continue such pumping until the sewerage systems for the property are connected to the town sewerage system. OC&I assessed a penalty in the amount of $5,000.00.

January 26, 2004 - OC&I/LUST File No. 04-2692 re: E-O, Inc./RBM Capital Associates, Inc. for property located at 228-230 Main Street, Assessor's Plat 53B, Lot 63 in the City of Pawtucket. The OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, RIDEM's Rules and Regulations for Groundwater Quality, RIDEM's Oil Pollution Control Regulations and the UST Regulations. The violations pertain to the discharge of pollutants to waters of the State associated with oil/petroleum products and failure to meet investigation requirements following the discovery of a release at a UST facility. The OC&I ordered the Respondents to complete a Site Investigation Report and, if required, a Corrective Action Plan for the remediation and removal of all petroleum products or hazardous materials that exist at the facility or are contaminating or threatening to contaminate the waters of the State. A penalty in the amount of $25,000.00 was assessed in the NOV.

January 30, 2004 - OC&I/Solid Waste File No. 04-013 re: Thomas F. and Sylvia M. Brown for property located at 4469 Flat River Road, Assessor's Plat 316, Lot 70.002 in the Town of Coventry. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act. The violations pertain to the storage or disposal of approximately 130 cubic yards of solid waste at other than a licensed solid waste management facility. The Respondents were ordered to remove all solid waste within 90 days of receipt of the NOV and to document the disposal of the waste at a licensed solid waste management facility. A penalty in the amount of $2,500.00 was assessed in the NOV.

Formal Enforcement Cases Settled or Resolved:

January 23, 2004 - OC&I/ AIR File No. 03-05 re: J.H.Lynch & Sons, Inc. regarding its facility located at 835 Taunton Avenue, in the City of East Providence. On August 6, 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation No. 9 entitled "Air Pollution Control Permits". The violations pertained to the installation and operation of a baghouse without first obtaining a permit from RIDEM. RIDEM alleges that the baghouse was installed in March 1999 and was operational in April 1999. The Respondent did not submit an application to the RIDEM until RIDEM conducted a compliance inspection in October 2002 and notified the Respondent of its noncompliance in December 2002. The Respondent filed an application with RIDEM's Office of Air Resources on or about January 31, 2003 and obtained a permit for the installation of the baghouse already in use at the facility in June 2003. In the NOV, OC&I assessed a penalty in the amount of $6,633.00 for the Respondent's alleged past 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 Respondents agreed to a penalty in the amount of $3,133.00. The penalty was paid in full upon execution of the Consent Agreement.

January 27, 2004 - OC&I/Solid Waste File No. 89-16 re: Donald & Mary Charnley regarding property located at 139 Canal Street, Assessor's Plat 36, lot 24, in the Town of Westerly. On April 11, 1989, RIDEM issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act and certain Rules and Regulations relating to solid waste in place at the time. The violations pertained to disposing of solid waste on the property. In the NOV, RIDEM ordered the Respondents to remove and properly dispose of the solid waste and assessed a penalty in the amount of $1,000.00. In response to the NOV, the Respondents removed and properly disposed of the solid waste from the property but did not pay the penalty assessed in the NOV. OC&I discovered the unresolved enforcement matter following a file review to close outstanding enforcement actions. OC&I notified the Respondents regarding their failure to pay the penalty and offered a settlement to close the enforcement case. The Respondents and the OC&I executed a Consent Agreement whereby the Respondents agreed to pay a penalty in the amount of $500.00. The agreed upon penalty has been paid and the enforcement case is considered closed.

January 30, 2004 - OC&I/UST File No. 03-00584 re: Shifa Salih, Eldaim M. Edriss and Red Sea, Inc. for property located at 72 Putnam Avenue, Assessor's Plat 39, Lot 126 in the Town of Johnston. On July 8, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents were in violation of RIDEM's UST Regulations. The violations pertained to the Respondents' failure to comply with 60-day testing of impressed current cathodic protection systems, precision testing requirements for UST systems, annual testing of line leak detectors, monthly testing of UST continuous monitoring systems ("CMS"), annual testing requirements of UST CMS, maintenance of all test records and maintenance of inventory control records. OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $14,595.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to produce some documented evidence that they were in compliance with some of the UST Regulations. In order to settle the enforcement case, the Respondents agreed to pay a penalty in the amount of $8,988.50. The Respondents agreed to pay $2,000.00 on or before February 15, 2004 and agreed to pay the remaining $6,988.50 in 8 equal and consecutive monthly installments of $873.56 with the first installment due on March 15, 2004.

Superior Court Actions Issued:

None filed this month.

Superior Court Actions Settled or Resolved:

None filed this month.

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rev. 1/15/04