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 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.
January 5, 2009 - OC&I/Oil Pollution Control File No. 2008 1838 WP and WP08-020 re: Paul P. Haggarty for property located at 45 West Allenton Road, Assessor's Plat 72, Lot 67 in the town of North Kingstown. The property includes a residential dwelling and unattached garage. The OC&I alleges that the Respondent is in violation of Rhode Island's Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations. The violation pertains to the spillage or release of oil onto the land behind the garage at the property. Inspections by OC&I in February and March 2008 revealed blackish soil consistent with oil on the surface of the ground, containers holding a blackish substance consistent with oil, and odors associated with oil. On April 8, 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 to retain a qualified consultant to investigate 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.
January 7, 2009 - OC&I/UST File No. 2007-440 US re: Aneri Realty, Inc. and 1100 Main St. Coventry LLC for property located at 1100 Main Street, Assessor's Plat 45, Lot 45 in the town of Coventry. The property includes three 8,000 gallon underground storage tanks (USTs), which are used for storage of gasoline. The OC&I alleges that the Respondents are in violation of the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to an inoperable leak sensor for the product pipeline and collection sump for one of the USTs and a failure to keep the collection sump free of liquid. The violations were observed during inspections conducted by OC&I in April 2007, August 2007, and March 2008. On June 6, 2007 OC&I issued a Letter of Noncompliance (LNC) requiring action to correct violations observed during the April 2007 inspection. The follow up inspection in August 2007 revealed that all but one of the violations cited in the LNC (i.e., the leak sensor for the product pipeline) were corrected. The inspection conducted in March 2008 revealed that the leak sensor for the product pipeline was still inoperable and identified the collection sump violations. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $5,000.00.
January 7, 2009 - OC&I/Hazardous Waste File No. 2008 2008 HW re: Bio Waste, LLC. The Respondent has a permit issued from RIDEM to transport hazardous waste within the State of Rhode Island. OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Hazardous Waste Management. The violation pertains to the transportation of hazardous waste without a permanent EPA identification number. On March 1, 2006 OC&I issued a letter to the Respondent requiring that the Respondent complete and submit a form within 30 days to obtain a permanent EPA identification number. OC&I issued a temporary EPA identification number to the Respondent on March 13, 2006 that was valid for 90 days. On March 26, 2008 RIDEM reviewed records relating to the transportation of hazardous waste, in the form of spent photo fixing solution containing silver, which occurred between March 28, 2007 and March 21, 2008. The review revealed that the Respondent completed 160 hazardous waste manifests and used the temporary EPA identification number and used an incorrect EPA identification number or no number on 2 other manifests. Following the records review, the Respondent submitted the proper form and was assigned a permanent EPA identification number. In the NOV OC&I assessed a penalty of $12,500.00.
January 7, 2009 - OC&I/Hazardous Waste File No. 2007 1226 HW re: Lowe's Home Centers, Inc. for property located at 247 Garfield Avenue, Assessor's Plat 7/3, Lot 1109 in the city of Cranston. OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Hazardous Waste Management. The violation pertains to the failure to provide hazardous waste training for employees handling hazardous waste. OC&I conducted inspections of the property in September 2007 and January 2008 and requested that the Respondent produce records of hazardous waste training provided to employees that manage or handle hazardous waste. The Respondent was unable to produce documents showing satisfactory training. In response to letters issued by OC&I, the Respondent submitted to OC&I a training manual and policies that the Respondent stated are used to train all employees. OC&I determined from a review of the documents that the training did not meet the requirements of the regulations. Specifically, the training failed to provide an explanation of 90 day accumulation time limit for temporary storage of hazardous waste, an explanation of hazardous waste satellite accumulation container management requirements, a description of hazardous waste container management requirements, a description of the requirement to provide aisle space to allow emergency access in the event of a fire or spill, a description of the requirement to store hazardous waste in locations greater than 50 feet from the property line, a description of procedures to conduct weekly inspections, and an explanation of the Uniform Hazardous Waste Manifest and identification of sections the generator is required to complete. In the NOV OC&I ordered the Respondent to provide training to all employees involved with managing hazardous waste that complies with the hazardous waste regulations. OC&I assessed a penalty of $6,250.00.
January 7, 2009 - OC&I/Air File No. 08-06 re: J.H. Lynch & Sons, Inc. for a facility located at 50 Lynch Place in the town of Cumberland. The Respondent operates an asphalt plant at the facility. OC&I alleges that the Respondent is in violation of RIDEM Air Pollution Control Regulation No. 9 entitled "Air Pollution Control Permits". The violation pertains to the unauthorized installation and operation not only of equipment that is a stationary source of air pollutants (i.e., a Convertadrum) but also a baghouse without approvals from the RIDEM Office of Air Resources (OAR). In 1977 the Department of Health issued an approval to the Respondent for the installation and operation of a Barber Greene fabric filter baghouse to control particulate emissions from the asphalt plant. In 1989 the Respondent installed a Standard Haven Magnum baghouse that replaced the Barber Greene fabric filter baghouse. In 2000 the Respondent installed an Astec Jet Pulse baghouse that replaced the Standard Haven Magnum baghouse. Prior to 1997 the Respondent installed and operated a rotary drum dryer. In 1997 the Respondent installed an Astec Double Barrel Convertadrum that replaced the original rotary drum dryer. No approvals were issued by OAR for the baghouses installed in 1989 and 2000 or the convertadrum installed in 1997. OAR reviewed information provided by the Respondent pertaining to its asphalt production rates and determined that emission limits set forth in the regulations were exceeded after 1997 when operating the Astec Double Barrel Convertadrum. On March 17, 2008 OAR issued a Notice of Alleged Violations (NOAV) to the Respondent requiring that the Respondent submit an application and permit fee for the equipment. The Respondent failed to comply with the NOAV. In the NOV OC&I ordered the Respondent to submit applications and permit fees for the equipment. OC&I assessed a penalty of $9,455.00.
January 7, 2009 - OC&I/UST File No. 2008 1705 US re: Ryder Truck Rental, Inc. for property located at 1 Jefferson Boulevard, Assessor's Plat 285, Lot 1 in the city of Warwick. The property includes four underground storage tanks (USTs). One of the USTs stores 10,000 gallons of gasoline. The three other USTs each store 12,000 gallons of diesel fuel. The OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to an inoperable continuous monitoring system and the failure to keep the spill containment basins and collection sumps free of liquid. The violations were observed during an inspection conducted by OC&I in January 2008. On January 28, 2008 OC&I issued a Letter of Noncompliance (LNC) requiring action to correct violations observed during the inspection. OC&I did not receive a response to the LNC and issued a follow up letter on April 15, 2008. No response to the follow up letter was received. In the NOV OC&I ordered the Respondent to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $6,500.00.
January 8, 2009 - OC&I/Freshwater Wetland File No. C07-0002 re: Aiello Corporation for property located immediately adjacent to 307 Farnum Pike, approximately 350 feet northeast of Farnum Pike and approximately 1,200 feet northwest of its intersection with George Washington Highway, on Assessor's Plat 46, Lot 70 in the town of Smithfield. The property has been continuously owned by the State of Rhode Island since July 15, 1966. The Respondent owned the lot abutting the property from 1971 through 1997. The OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of at least soil material and gravel), grading and creating soil disturbance within a Swamp and installing pipes and filling within a Stream for the purpose of creating a crossing. This activity resulted in the unauthorized alteration of 34,800 square feet of Swamp and 20 linear feet of Stream. Review of historic aerial photographs (1970, 1972, 1976, 1981, 1985, 1988, 1992, and 1997) revealed that clearing, excavation, grading and filling continued to spread from the Respondent's lot into freshwater wetlands on the property. In the NOV, OC&I ordered the Respondent to restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $1,000.00.
January 27, 2009 - OC&I/Septic System File No. 2007 1481 IS and CI07-191 re: SPH LLC, Van Pavao, and Cosmo Manfredi, Jr. for property located at 3 Bluebird Lane, Assessor's Plat 4, Lot 72 in the town of Hopkinton. The property includes a 3 bedroom dwelling. The property is owned by SPH LLC. A permit was issued by the RIDEM Office of Water Resources (OWR) to construct an individual sewage disposal system (ISDS) on the property for a proposed dwelling. SPH LLC retained Daniel Cotta, a licensed ISDS designer, and Cosmo Manfredi, Jr., a licensed ISDS installer, to construct the ISDS in accordance with the permit. The ISDS was constructed and OWR issued a Certificate of Conformance to SPH LLC on December 28, 2006. SPH LLC was a Rhode Island corporation, whose president was Van Pavao. The Rhode Island Office of Secretary of State issued a Revocation Certificate to SPH LLC on August 19, 2008. The OC&I alleges that Respondent SPH LLC and Van Pavao are in violation of the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to the use of an ISDS that does not conform to the terms of the permit and to the requirement that each dwelling has an ISDS of a type and design approved by RIDEM. The OC&I also alleges that Respondent Cosmo Manfredi is in violation of the Rhode Island General Laws §§5-56-7(1) and 5-56-7(6) and the ISDS Regulations. The violation pertains to the failure to adhere to the permit in constructing the ISDS and failure to stop construction and notify RIDEM if conditions during construction indicate that the ISDS cannot be installed in accordance with the permit. On March 27, 2007 OC&I received a complaint from the owner at 5 Bluebird Lane that her property was being flooded from the ISDS that was constructed at the property. An inspection by OWR revealed that the ISDS was not in compliance with the permit. Specifically, the swale and grading shown on the plans for the permit were not constructed to direct surface runoff from the area of the ISDS to the front of the property. On November 5, 2007 OC&I issued a Notice of Intent to Enforce (NIE) requiring that the swale and grading be constructed or if this was not possible, that a proposal be submitted to OWR that would prevent surface runoff from entering onto the neighboring property from the area of the ISDS. No action was taken to comply with the NIE. In the NOV, OC&I ordered the immediate revocation of the permit and the submission of a plan to prevent surface runoff from entering onto the neighboring property. OC&I assessed an administrative penalty of $600.00 against Respondents SPH LLC and Van Pavao and $400.00 against Respondent Cosmo Manfredi. OC&I also filed a formal complaint with OWR relative to the actions of Daniel Cotta and said complaint has initiated a separate OWR investigation.
January 28, 2009 - OC&I/Air File No. 2008 1978 AR, 2008 2190 AR and 08-07 re: Jack Scuilla d/b/a Price Painting for properties located at 376 Benefit Street and 112 Keene Street in the city of Providence. OC&I alleges that the Respondent is in violation of RIDEM Air Pollution Control Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertain to the removal of exterior lead paint from residences at the properties in noncompliance with the following standards: operating power sanding equipment without a HEPA vacuum to capture dust from the removal operation, installing inadequate ground sheeting that was not anchored or weighed down to prevent lead paint from being deposited on the ground, failing to notify an adult residing in the dwelling that lead paint was being removed, failing to erect vertical containment shrouds to prevent movement of paint and other debris beyond ground sheeting, failing to close and seal all windows and doors on the working face, and failing to cover air conditioners on the working face. Lead paint removal debris was on the surface of the ground at the time of the inspection; however, follow up inspections shortly thereafter revealed that the Respondent cleaned all lead paint debris. The Respondent was issued a Letter of Noncompliance on December 5, 2005 for similar violations and was advised of his responsibility to comply with the regulation. In the NOV, the OC&I assessed a penalty in the amount of $18,000.00.
January 14, 2009 - OC&I/Septic System File No. 2007 749 IS re: Dorothy J. Scotti for property located at 6 Shippen Avenue, Assessor's Plat 307, Lot 140, in the city of Warwick. The property includes a single family 3 bedroom dwelling. On June 29, 2007 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to the overflow of sewage from the individual sewage disposal system (ISDS) that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS. OC&I assessed an administrative penalty of $2,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent received approval from RIDEM to repair the failed ISDS; however, the Respondent also submitted financial documents to OC&I that showed she does not have the financial ability to repair the failed system at this time or pay any portion of the administrative penalty. 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 the following actions until the system is repaired or the plumbing for the dwelling is connected to the city sewerage system (expected to be available in 2013): pump the ISDS as often as necessary to prevent the overflow of sewage to the surface of the ground, discontinue all use of the washing machine at the dwelling, limit occupancy of the dwelling to no more than 6 persons, and vacate the dwelling and keep the dwelling unoccupied if OC&I documents through an inspection of the property that sewage is present on the ground surface and the Respondent failed to proceed to repair the ISDS. OC&I agreed to waive the entire administrative penalty assessed in the NOV.
January 29, 2009 - OC&I/AIR No. 07 - 10 re: Robert Emerson d/b/a RI Heat Treating Company for Respondent's facility located at 81 Aldrich Street in the city of Providence. The Respondent operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene (TCE) at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air pollution control regulations. On October 19, 2007 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control (APC) Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The violation pertained to the failure to comply with multiple sections of APC Regulation No. 36 pertaining to equipment, operation, control, monitoring, recordkeeping and reporting requirements for Respondent's degreaser. In the NOV, the OC&I ordered the Respondent to achieve compliance with APC Regulation No. 36 and assessed a penalty in the amount of $10,950.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to permanently shut down the degreaser within twenty days and agreed to pay an administrative penalty of $8,000.00 ($2,000.00 immediately and $500.00 per month for twelve months). The Respondent paid $2,000.00 upon execution of the Agreement.