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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > January 2013 Summary

 
January 2013 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 2013. 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:

January 7, 2013 - Freshwater Wetlands File No. C12-0017 re: Coastal Recycling, Inc. for property located at 761-765 Great Road, Assessor's Plat 5, Lot 29 in the town of North Smithfield. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of at least slash and dumpsters) and creating soil disturbance within the Riverbank Wetland and the Floodplain of the Branch River. These activities have resulted in the unauthorized alteration of approximately 37,500 square feet of freshwater wetland. On February 9, 2012, July 3, 2012, and August 22, 2012 the OC&I inspected the property and documented the violation. On February 17, 2012 and July 3, 2012, the OC&I issued an informal written notice to the Respondent for the violations. The notices required specific actions to correct the violations. The OC&I met with the Respondent's president on August 22, 2012 to attempt to resolve the violations; however, the Respondent failed to comply with the notices. In the NOV, the OC&I ordered the Respondent to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I assessed an administrative penalty in the amount of $5,000.00.

January 8, 2013 - Septic System File OWTS-12-158 and CI 12-122 re: William A. Bessette and Tammy J. Bessette for property located at 41 Shippee Schoolhouse Road, Assessor's Plat 10, Lot 17 in the town of Foster. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the repair of the onsite wastewater treatment system (OWTS) without an approval by RIDEM and by an individual who does not possess a valid RIDEM license to install OWTSs. The RIDEM observed the ongoing work on November 16, 2012. On December 3, 2012 Mr. Bessette stated to the OC&I in a telephone conversation that he had replaced broken pipes, repaired the distribution box, added additional pipes, and replaced crushed stone associated with the OWTS. Mr. Bessette does not possess a valid RIDEM license to install OWTSs. On November 26, 2012 the OC&I issued an informal written notice to the Respondents for the violation. The notice required that specific actions be taken to correct the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to immediately cut and cap the effluent discharge pipe from the septic tank prior to the distribution box such that the septic tank functions as a holding tank and sewage is not discharged to the subsurface or surface of the ground, pump the septic tank as often as necessary to prevent sewage overflows, and repair the OWTS in accordance with an approval issued by the RIDEM. The OC&I assessed an administrative penalty of $1,000.00 to the Respondents for repairing an OWTS without an approval from RIDEM and $1,000.00 to Mr. Bessette for repairing an OWTS without a valid license to install OWTSs.

January 10, 2013 - Hazardous Waste File No. OCI-HW-12-49 re: Technic, Inc. for a facility located at 300 Park East Drive in the city of Woonsocket. The facility is used for the manufacture of precious metal electrical conductance powders. The Respondent is registered with RIDEM as a large quantity hazardous waste generator at the facility. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations pertain to Respondent's failure to: complete a waste determination on one 50 gallon container; mark one 55 gallon container with an accumulation start date; conduct weekly inspections of the outdoor hazardous waste storage area; maintain copies of manifests for the previous 3 years; have the only fire extinguisher located in the outdoor storage area inspected annually and to post a no smoking sign at the outdoor storage area; and provide annual training to an employee in 2011 and 2012 and to develop a list of job titles, descriptions and amount of training required for each position. The OC&I inspected the facility on April 26, 2012 and documented the violations. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $16,250.00.

January 22, 2013 - 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. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertains 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 has 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.

January 29, 2013 - Underground Storage Tank File No. 2012-02276 re: Orchard View Manor, Inc. for property located at 135 Tripps Lane, Assessor's Map 409, Block 9, Parcel 1 in the city of East Providence. The property includes a nursing home and an underground tank used for storage of diesel fuel (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is 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: properly maintain the continuous monitoring system (CMS) as evidenced by a malfunctioning "power" status indicator lamp; file a registration form with the RIDEM for the Class A and Class B UST facility operators assigned to the facility; have a trained Class A or Class B UST facility operator assigned to the facility; have a list of all Class C UST facility operators assigned to the facility available; and keep the spill containment basin free of liquid. On August 30, 2012 the OC&I issued an informal written notice to the Respondent for the violations. The notice required specific actions to correct the violations. Thus far, the Respondent has failed to fully comply with the notice. In the NOV OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $2,500.00.

Formal Enforcement Cases Settled or Resolved:

January 2, 2013 - Underground Storage Tank File No. 2012-00761 re: Haji Ahmad, Mary DeAngelis, Steven R. DeAngelis, Rocco DeAngelis, and Linda Napoletano 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 underground storage tanks (USTs or tanks) used for the storage of petroleum products. Mary DeAngelis, Steven R. DeAngelis, Rocco DeAngelis, and Linda Napoletano own the property. Newport Express operates the facility and operated the facility during the time of the violations alleged in the NOV. Newport Express is listed as an active corporation in Rhode Island's Secretary of State's corporations database. The date of organization is February 8, 2012. Haji Ahmad is a member of the corporation. On August 14, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The violations pertained to the failure to: annually test line leak detectors and shear valves; perform monthly testing of the continuous monitoring system (CMS); perform annual testing of the CMS by a qualified person; and perform annual groundwater evaluations of monitoring wells. In the NOV the OC&I ordered the Respondents to come into compliance with the UST Regulations. The OC&I assessed an administrative penalty of $5,512.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the Order section of the NOV. The Respondents paid a reduced penalty of $709.00 to the OC&I to resolve the NOV.

January 3, 2013 - Multi Media Septic System File No. CI02- 66 and Freshwater Wetlands File No. C02-0212 re: Harold E. Beaudoin, Jr. for property located at 195 Ayoho Road, Assessor's Plat 630, Lot 7 in the town of Coventry. The property includes a single family home. On June 5, 2006 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, Rhode Island's Freshwater Wetland Act, and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The ISDS violation pertained to the demolition of an existing house and construction of a new house without first submitting an Application for a System Suitability Determination (SSD Application) to the RIDEM to determine whether the existing septic system was adequate for the new house. The freshwater wetland violations pertained to filling, grading, creating soil disturbance and constructing a new patio and stairs within the Perimeter Wetland associated with the Flat River Reservoir (Johnson's Pond) and filling, grading, creating soil disturbance and constructing a new stone wall within Johnson's Pond. This activity resulted in the unauthorized alteration of 3,000 square feet of Perimeter Wetland and 220 square feet of the pond. In the NOV the Respondent was ordered to restore the altered wetlands and to submit an SSD Application to RIDEM. The OC&I assessed an administrative penalty in the amount of $1,400.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the violations. The Respondent agreed to have an engineer submit a site plan, engineering calculations and a report that shows the existing conditions on the property and assesses the impacts the unauthorized work had on the floodplain. If the report concludes that the work resulted in more than minimal displacement within the floodplain, the report must describe the actions that will be taken to address the impacts and a schedule to complete the actions. The Respondent also agreed to file an SSD Application with RIDEM. Both the report and application are subject to RIDEM's review and approval and the Respondent agreed to address any deficiencies identified by the RIDEM and complete all work in accordance with the schedules approved by the RIDEM. The Respondent also paid the full penalty of $1,400.00 to the OC&I upon signing the Agreement.

January 4, 2013 - Septic System File CI10-140 re: Paul A. Coletta and Denise M. Coletta for property located at 11 Raven Boulevard, Assessor's Plat 310, Lot 192 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondents. On July 27, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to repair the system in accordance with the RIDEM's OWTS Regulations. The OC&I assessed an administrative penalty of $1,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents submitted documentation to the OC&I to show that they do not have the financial means to repair the OWTS or pay any portion of the penalty assessed in the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pump the OWTS as often as necessary to prevent any and all overflows, discontinue all use of the washing machine at the dwelling until the system is repaired, limit occupancy of the dwelling to no more than 4 persons until the system is repaired, install low-flow water fixtures on the sinks and shower and a low-flow toilet, and repair the system when the property is sold or transferred to a new owner. The OC&I waived the administrative penalty assessed in the NOV.

January 8, 2013 - Site Remediation File No. 05-02 re: Harold R. Smith and Westcott Trust for property located at 17 Oak Street, Assessor's Plat 25, Lot 66B in the town of Smithfield. The property is the site of the former Providence Barrel Company. The property has a known history of contamination and RIDEM has a history of attempts to resolve the full extent of contamination at the property. Harold R. Smith was the owner of the property from July 24, 1995 until January 1997. Westcott Trust took title of the property in January 1997. The RIDEM issued a Letter of Responsibility (LOR) to the Respondents regarding the alleged violations on December 3, 2001 and again on October 20, 2003. On September 22, 2005 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act and Hazardous Waste Management Act, RIDEM's Rules and Regulations for Groundwater Quality, and RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Site Remediation Regulations). The violations pertained to the unpermitted discharge of pollutants to groundwaters of the State, the unpermitted disposal of hazardous waste, the release of hazardous materials to the land or waters of the State, failure to investigate and remediate a release of hazardous materials, failure to comply with site investigation requirements and failure to comply with remedial action requirements. In the NOV, the Respondents were ordered to provide immediate access to the property for RIDEM to conduct further field investigation activities and to submit a site investigation report that includes proposed remedial alternatives to comply with RIDEM's Site Remediation Regulations. The OC&I assessed an administrative penalty of $30,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Mr. Smith died and the Respondents submitted documents to the OC&I to demonstrate that the Estate of Harold Smith has no assets (all the money was disbursed) and the Westcott Trust was dissolved years ago and has no assets. The Respondents offered to pay $5,000.00 to resolve the NOV. The OC&I reviewed the documents and was satisfied that neither Respondent had any assets; therefore, the OC&I accepted the $5,000.00 as full settlement of the NOV. The $5,000.00 was paid to the OC&I, thereby resolving the NOV.

January 10, 2013 - Septic System File CI 10-48 re: Sean and Julie Mitchell for property located at 6 Holly Drive, Assessor's Plat 28, Lot 47 in the town of Westerly. The property includes a 3-bedroom dwelling that is owned by the Respondents. On July 1, 2010 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 overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground (OWTS). In the NOV, the OC&I ordered the Respondents 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 $800.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents connected the plumbing for the dwelling to the town sewerage system and submitted documents to the OC&I to show that they do not have the financial means to pay any portion of the penalty assessed in the NOV. The OC&I waived the administrative penalty, which resolved the NOV.

January 18, 2013 - Septic System File OWTS-12-86 and CI 12-69 re: Jean Marie (Cooper) Cornicelli for property located at 98 Drum Rock Avenue, Assessor's Plat 244, Lot 19 in the city of Warwick. The property includes a residential dwelling and is owned by the Respondent. On October 16, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent 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. In the NOV, the OC&I ordered the Respondent 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 $600.00. The Respondent failed to file an appeal of the NOV with AAD. The Respondent connected the plumbing for the dwelling to the city sewerage system to comply with the Order portion of the NOV and paid a reduced penalty of $300.00, which resolved the NOV.

January 22, 2013 - Air File No. 12-16 re: Saint-Gobain Performance Plastics Corporation for a facility located at 386 Metacom Avenue in the town of Bristol. On August 11, 2006 the RIDEM issued a permit to the Respondent. The permit sets a limit of the total quantity of isopropyl alcohol emitted to the atmosphere to 14.8 pounds per hour. On December 26, 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 Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the Respondent's failure to comply with its permit. On May 29, 2012 the RIDEM received a letter from the Respondent. The letter stated that on April 30, 2012 the facility emitted 16.7 pounds per hour of isopropyl alcohol for approximately 11 hours. 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 a reduced penalty of $750.00, which resolved the NOV.

January 29, 2013 - Multi Media Water Pollution File No. 10-40 and Septic System File No. CI 08-112 re: Leo LaPorte for property located at 2 Mapledale Street in the town of Coventry. The property includes a 3-bedroom dwelling and separate commercial building. The property is owned by Read Commons, a Rhode Island General Partnership. The Rhode Island Secretary of State's corporation database has no listing for Read Commons. Upon information and belief, Leo LaPorte is a general partner of Read Commons. On May 26, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground and into the storm water drainage system located on Mapledale Street. The storm water drainage system discharges to a wetland associated with the South Branch of the Pawtuxet River and is a water of the State. In the NOV, OC&I ordered the Respondent to take immediate steps to reduce the discharge of sewage to the system and pump the system as needed to prevent overflows to the ground surface and repair the system in accordance with the approved application within 120 days. OC&I assessed an administrative penalty of $4,500.00. The Respondent did not request a hearing on the NOV and fully complied with the NOV, including payment of the full penalty.

Superior Court Actions Issued:

January 9, 2013 - Site Remediation File No. SR 95-023 and Superior Court File No. PC 13-0235 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant John F. Cunnigham, Sr. for property located at 7 or 17 Oak Street, Assessor's Map Plat 25, Lot 66B in the town of Smithfield. The Defendant is the former owner of the property. On November 7, 1995 the RIDEM issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Hazardous Waste Management Act and the RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertained to the disposal of hazardous waste on the property. In the NOV the OC&I ordered the Defendant remove all hazardous waste found on the property and arrange for its disposal at a licensed facility in accordance with State law and the RIDEM's regulations. The RIDEM assessed an administrative penalty of $2,000.00. The Defendant filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Defendant executed a Consent Agreement on December 13, 2001 to resolve the NOV. The Respondent agreed to remove all solid waste and hazardous waste found on the property within 180 days and dispose of the waste in accordance with all State laws and RIDEM's regulations and pay the $2,000.00 penalty. The Defendant paid the penalty, but failed to properly remediate the property. On October 19, 2004 the RIDEM conducted an inspection of the property. The inspection revealed that contaminants in the soil at the property had migrated into the groundwater underlying said property. On August 29, 2012 the RIDEM sent notice to the Defendant that he must comply with the Consent Agreement. Thus far, the Defendant has not complied with the Consent Agreement. On January 9, 2013, the OC&I filed a complaint in Superior Court against the Defendant. In the complaint, the OC&I is asking the Court to order the Defendant to comply with the Consent Agreement.

Superior Court Actions Settled or Resolved:

January 29, 2013 - Solid Waste File No. 03-012 and UST File No. 05-6439 and Superior Court File No. PC 11-5716 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants James H. Russell, Jr. and Robert Russell for property located at 1 Reservoir Road, Assessor's Plat 48, Lot 34 in the town of Smithfield. The Defendants own the property. On June 30, 2003, the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Refuse Disposal Act and RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The solid waste violations pertained to maintaining approximately 300 cubic yards of mixed solid waste on the property consisting of used vehicle tires, auto rims, processed wood waste, scrap metal, box trailers, 55-gallon drums, truck bodies, wood pallets, an electric transformer that may contain hazardous waste and other mixed solid waste. The UST violations pertained to the abandonment of one or more USTs in violation of the UST Regulations. In the NOV, the Defendants were ordered to remove all solid waste from the property and to submit a permanent closure application for the USTs including a closure assessment report. The Defendants were also ordered to determine whether the transformer contains hazardous waste and, if it does contain hazardous waste, properly manage the waste pursuant to the RIDEM's Rules and Regulations for Hazardous Waste Management. A penalty in the amount of $27,500.00 was assessed in the NOV. The Defendants failed to file an appeal of the NOV at AAD and failed to comply with the NOV. On October 3, 2011 the RIDEM filed a complaint in Superior Court and asked the court to order the Defendants to come into compliance with RIDEM's UST, solid waste and hazardous waste regulations and pay the administrative penalty of $27,500.00. Prior to a hearing on the complaint, the Defendants removed all the USTs and solid waste from the property and the RIDEM and the Defendants entered into a Court Order to resolve the complaint. The Defendants agreed to submit a closure assessment report and perform all other corrective actions required by the RIDEM in accordance with the RIDEM's UST regulations. The Defendants also agreed to pay a reduced penalty of $15,000.00, which was paid to the RIDEM.

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