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

 
January 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 January 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:

January 2, 2014 - Freshwater Wetland File C11-0076 re: Salvador J. Vargas and Amelia Vargas for property located approximately 300 feet south of Rockland Road, adjacent to house number 356, approximately 2,100 feet southwest of the intersection of Rockland Road and Central Pike, Assessor's Plat 41, Lots 29 and 36, in the town of Scituate. Michael Burr and Donna Burr currently own Lot 29. The Respondents owned Lot 29 at the time of the unauthorized alterations of freshwater wetlands. The Respondents own Lot 36. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and the 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 soil material, slash and assorted debris) and creating soil disturbance within a Swamp and Perimeter Wetland associated with the Swamp. This activity resulted in the unauthorized alteration of approximately 1½ acres of freshwater wetland. On September 29, 2008 and July 6, 2011 the OC&I inspected the property and documented the violation. Mr. Vargas was present during both inspections and stated to the inspector that he intended to correct the violation. On January 25, 2012 and February 6, 2013 the OC&I issued informal written notices to the Respondents for the violation. The notices required specific actions to correct the violation. The Respondents failed to comply with the notices. On September 6, 2013 the OC&I issued a letter to Michael Burr and Donna Burr requesting that the owners advise the OC&I if they intended to correct the violation. The owners failed to respond to the letter. In the NOV, the OC&I ordered the Respondents to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I assessed an administrative penalty of $9,000.00.

January 2, 2014 - Air File No. 13-13 re: City of Newport for a wastewater treatment facility located at 250 Connell Highway in the city of Newport. The Respondent owns the facility. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation of a carbon scrubber to control hydrogen sulfide emissions from the facility without a permit from the RIDEM. On October 19, 2012 the RIDEM received a registration form from United Water on behalf of the Respondent for the scrubber. The form stated that the scrubber was installed on October 1, 2012. The RIDEM determined that the scrubber has the potential to increase emissions of hydrogen sulfide by greater than the minimum quantity for that contaminant, 10 pounds per year, as specified in the RIDEM's APC regulations. On June 10, 2013, the RIDEM informed the Respondent that the scrubber was not eligible for registration and required a minor source permit. On September 13, 2013 the RIDEM received a minor source permit application from the Respondent for the scrubber. In the NOV, the OC&I assessed an administrative penalty of $1,000.00.

January 2, 2014 - Dam File No. 023 (Smith & Sayles Reservoir Dam) re: Sand Dam Reservoir Association for property located approximately 3,400 feet southwest of the intersection of Main Street (Route 44) and Chestnut Hill Road, immediately south of Chestnut Hill Road, in the town of Glocester. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on July 26, 2012. The inspection revealed vegetation on the upstream embankment and downstream embankment that did not allow a proper inspection to be performed. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

January 8, 2014 - Underground Storage Tank File No. 2013-37-00431 re: Jeha Corp. and John Jeha, Inc. for property located at 76 Newport Avenue, Assessor's Plat 40, Lot 1008 in the city of Pawtucket. The property includes a service station, a motor fuel filling station and two underground storage tanks (USTs or tanks) used for the storage of petroleum products. Jeha Corp. owns the property. John Jeha, Inc. operates the facility. The OC&I alleges that the Respondents are in violation of 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; test the continuous monitoring system (CMS) on a monthly basis; keep the spill containment basins free of liquids; 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 May 23, 2013 the OC&I inspected the facility and documented the violations. On May 24, 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 respond to or comply with the notice. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $10,250.00.

January 9, 2014 - Dam File Nos. 068 (Woonsocket Reservoir Dam #3), 070 (Woonsocket Reservoir Dam #1) and 073 (Harris Pond Dam) re: City of Woonsocket for dams in the city of Woonsocket and towns of Smithfield, North Smithfield, and Lincoln. Dam 068 is located approximately 4,000 feet northwest of the intersection of Route 146 and Route 295, approximately 3,000 feet southwest of the intersection of Route 146 and Reservoir Road, on the line between the towns of Smithfield and North Smithfield. Dam 070 is located approximately 700 feet northwest of where Manville Road in Lincoln intersects with the Route 99 bridge, approximately 500 feet south of Manville Road, in the town of Lincoln. Dam 073 is located approximately 1,350 feet west of the intersection of Rathburn Street and Privilege Street, approximately 700 feet north of Privilege Street, in the city of Woonsocket. The Respondent owns the dams. The dams are classified by RIDEM as High Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dams in a safe condition. On July 19, 2012 Dam 068 was inspected. The inspection revealed that a chain link fence on the downstream side of the auxiliary spillway may inhibit flow. On July 19, 2012 Dam 070 was inspected. The inspection revealed vegetation on the upstream side of the embankment that did not allow a proper inspection to be performed. On September 6, 2012 Dam 073 was inspected. The inspection revealed vegetation on the downstream side of the embankment left of the primary spillway that did not allow a proper inspection to be performed. The inspector requested that the Respondent demonstrate the operability of the low level outlet; however, the Respondent was unwilling to open the gates out of concern that they made not close. The OC&I considers the dams unsafe for the following reasons: Dam 068 because of the chain link fence that may inhibit flow; Dam 070 because of the vegetation that inhibits a proper inspection; and Dam 073 because of the vegetation that inhibits a proper inspection and the unknown operability of the low level outlet. In the NOV the Respondent was ordered to cut or remove the improper vegetation, retain a licensed engineer to inspect the dams and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dams to a safe condition and a schedule to complete the work. The report must assess the chain link fence on the flow of water for Dam 068 and the operability of the low level outlet for Dam 073. The OC&I did not assess an administrative penalty.

January 14, 2014 - Site Remediation File No. 13-01 re: City of Providence for parcels located at 587, 589, and 591 Charles Street in the city of Providence. The parcels are located in an Environmental Justice Focus Area (EJ Area), which is defined as an area where the highest 15% of all census block groups in Rhode Island are racial minorities or an area where the highest 15% of all census block groups in Rhode Island have an income which is at or below twice the federal poverty level. The Respondent owns the parcels. The parcels are a contaminated site as defined in the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). The OC&I alleges that the Respondent violated RIDEM's Remediation Regulations. The violation pertains to conducting activities on the parcels involving disturbance of contaminated soil without prior approval from the RIDEM and without complying with the RIDEM's Remediation Regulations. On September 28, 2011 the RIDEM issued a Letter of Responsibility (LOR) to the Respondent. The LOR notified the Respondent that it needed to: further investigate the soil and groundwater on the parcels and submit a revised site investigation report (SIR); conduct public notice prior to performing any additional investigation activities; and comply with public notice requirements in an EJ Area. On January 22, 3013 the Respondent's consultant, Resource Control, submitted a letter to the RIDEM on behalf of the Respondent requesting permission not to install additional groundwater wells. No additional investigation was completed and the response did not adequately address the LOR. On February 19, 2013 the RIDEM sent electronic mail to the Respondent stating that no additional groundwater wells were required; however, the RIDEM did require additional information. On March 11, 2013 the RIDEM received a telephone call from Resource Control stating that construction activities had commenced on the parcels. The RIDEM inspected the parcels that day and observed that construction of a large building was ongoing, uncovered soil piles were present and no erosion or dust controls were observed. On August 20, 2013 Resource Control submitted an addendum to the SIR that fully addressed the RIDEM's comments. In the NOV, the OC&I ordered the Respondent to submit documents to the RIDEM showing that all contaminated soil removed from the parcels was properly disposed and to complete the public notice requirements in the RIDEM's Remediation Regulations. The OC&I assessed an administrative penalty of $25,000.00.

January 16, 2014 - Hazardous Waste File No. 13-76 re: Amado Velasquez, Aaron Velasquez, and Vito Matarese for property located at 385 Huntington Avenue in the city of Providence. The property includes a building in which an automobile parts, salvage and repair business operates. Vito Matarese owns the property. Amado Velasquez and Aaron Velasquez operate the business. The OC&I alleges that the Respondents are 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) and the RIDEM's Oil Pollution Control Regulations. The violations pertain to the release of oil to the land and the improper management of hazardous waste. The OC&I inspected the property on July 15, 2013. The inspection revealed the following: an area of stained soil in close proximity to the "shop building" indicative of a release of oil; one 5 gallon container holding absorbent material containing used oil; and three lead/acid automobile batteries that were not properly labeled. During the inspection, Aaron Velasquez informed the inspector that the absorbent material was not evaluated to determine if it meets the definition of hazardous waste. Mr. Velasquez further informed the inspector that the batteries were intended to be managed as universal waste. The Respondents failed to prevent the release of oil to the land and failed to properly clean up the spilled oil. Aaron Velasquez and Amado Velasquez also failed to determine if the absorbent material met the definition of a hazardous waste and failed to properly label the batteries. In the NOV, the OC&I ordered the Respondents to remove and properly dispose at a licensed facility all of the oil contaminated soil and collect samples to demonstrate that all the oil was removed. In addition, Aaron Velasquez and Amado Velasquez were ordered to: properly label the batteries, and sample the absorbent material in the container to determine if it meets the definition of hazardous waste and, if it does, manage the absorbent material as hazardous waste in accordance with RIDEM's Hazardous Waste Regulations. The OC&I assessed an administrative penalty of $5,000.00 against the Respondents for the release of oil and a penalty of $5,000.00 against Aaron Velasquez and Amado Velasquez for the improper management of hazardous waste.

January 21, 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. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains 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.

January 21, 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). The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertains 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.

January 23, 2014 - Dam File No. 111 (Waterman Lake Dam) re: Citizens for the Preservation of Waterman Lake, Inc. for property located approximately 2,700 feet southwest of the intersection of Putnam Pike (Route 44) and West Greenville Road, immediately west of Greenville Road, in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violations pertain to the Respondent's failure to maintain the dam in a safe condition and the Respondent's failure to submit a registration form for the dam to the OC&I. On October 24, 2008, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by November 19, 2008. The Respondent has not provided the registration form to the OC&I. The dam was inspected on August 2, 2012. The inspection revealed the following conditions: vegetation and vegetation debris on the downstream embankment left of the low level outlet of the Main dam that did not allow a proper inspection to be performed; vegetation and vegetation debris on the upstream embankment and downstream embankment right of Pine Ledge Road on the section of the dam identified in the inspection report as Pine Ledge to Greenville that did not allow a proper inspection to be performed; vegetation and vegetation debris on the downstream embankment on the section of the dam identified in the inspection report as Spillway Section that did not allow a proper inspection to be performed; and a drainage trench along the toe of the downstream embankment left of Pine Ledge Road and right of Pine Ledge Road on the Pine Ledge to Greenville section that was clogged with vegetation and vegetation debris. The OC&I considers the dam unsafe because of the vegetation and vegetation debris that inhibits a proper inspection and the clogged drainage trench. In the NOV, the OC&I ordered the Respondent to submit the registration form, remove the vegetation and vegetation debris, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

January 28, 2014 - Freshwater Wetland File C08-0141 re: Jose M. Sousa and Oriana A. Sousa for property located approximately 250 feet east of Reservoir Road, at house number 35, approximately 400 feet northeast of the intersection of Reservoir Road and Butternut Drive, Assessor's Plat 35, Lot 35, in the town of Coventry. At all times relevant to this NOV, Oriana Sousa owned and currently owns the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and the 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 soil material, boulders, rocks, stones, masonry materials, and other miscellaneous debris), grading, and creating soil disturbance within a Swamp, Perimeter Wetland associated with the Swamp and an Area Subject to Storm Flowage (ASSF). This activity resulted in the unauthorized alteration of approximately 1 acres of freshwater wetland. On August 15, 2007, August 8, 2008, October 30, 2008, December 14, 2012 and August 6, 2013 the OC&I inspected the property and documented the violation. All inspections showed clearing, filling, grading and creating soil disturbances within freshwater wetlands on the property. Jose M. Sousa admitted that he had undertaken the activity and agreed to restore the wetlands. The OC&I issued an informal written notice to the Respondents on October 14, 2008. 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 cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I assessed an administrative penalty of $9,500.00 against Oriana A. Sousa and $9,500.00 against Jose M. Sousa.

Formal Enforcement Cases Settled or Resolved:

January 6, 2014 - Water Pollution File No. 10-006 re: Tiverton School Department. The Respondent owned and operated a wastewater treatment facility located at 100 North Brayton Road in the town of Tiverton. The facility treated sanitary wastewater from the Tiverton High School and the Tiverton Middle School. The Respondent was the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0100200. The permit authorized the Respondent to discharge treated wastewater from the facility to a wooded marsh tributary to Sin and Flesh Brook. The permit required the Respondent to: take effluent wastewater samples at a later time than the influent wastewater samples; take effluent wastewater samples for laboratory analyses for biological oxygen demand (BOD), total suspended solids (TSS), and fecal coliform bacteria weekly, total ammonia monthly, and total phosphorous, total Kjeldahl nitrogen (TKN), total nitrate, and total nitrite quarterly; summarize monitoring results obtained during the previous month and report the results to RIDEM in a Discharge Monitoring Report (DMR); include with the DMR a copy of the analytical report; properly operate and maintain all components of the facility; take all reasonable steps to minimize or prevent any discharge which has a reasonable likelihood of adversely affecting human health or the environment; report to RIDEM within 24 hours of occurrence any violation or noncompliance which may endanger health or the environment, including daily maximum discharge limit violations; comply with the following discharge limits for BOD: 15 milligrams per liter (mg/l) as a daily maximum, weekly average, and monthly average; comply with the following discharge limits for TSS: 15 mg/l for a daily maximum and a weekly average; and comply with the following discharge limits for total ammonia: 10.6 mg/l as a daily maximum, 1.66 mg/l as a monthly average (May through September), and 3.38 mg/l as a monthly average (October through April). On January 19, 2005 RIDEM issued an Order of Approval to the Respondent to construct an automated sodium biosulfate dechlorination system. The plans approved as part of the Order of Approval require the Respondent to inject sodium biosulfate into the wastewater at the inlet of the dechlorination tank and sample the wastewater at the outlet of the dechlorination tank. On March 25, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rhode Island Water Pollution Act, RIDEM's Water Quality Regulations, RIPDES Regulations, and Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities. The violations pertained to the failure to comply with numerous provisions of the permit and the Order of Approval. On October 20, 2009 an inspection of the facility by RIDEM revealed the following: sodium biosulfate was being injected at the outlet of the dechlorination tank and wastewater was being sampled at the inlet of the dechlorination tank; the timer controls on the aeration system's air blowers' on/off cycles were not being adjusted to enhance system performance; and visual inspections (instead of a numerical control process) were being used to determine the amount of activated sludge to be returned to the aeration basin. RIDEM reviewed the DMRs and laboratory analytical reports from October 2008 through September 2009 and determined that the Respondent had 45 discharge limit violations for BOD5, TSS, and final ammonia; failed to correctly report data on the DMRs for 17 parameters; failed to notify RIDEM of violations of the maximum daily discharge limits within 24 hours; failed to take effluent wastewater samples at a later time than the influent wastewater samples for BOD5 and TSS for 15 weekly periods; failed to submit analytical laboratory results with the DMRs for BOD5, TSS and fecal coliform for two weekly periods; failed to submit analytical laboratory reports with the DMRs for total ammonia for three monthly periods; and failed to submit an analytical report with the DMR for total phosphorous, TKN, total nitrate, and total nitrite for one quarterly period. In the NOV OC&I ordered the Respondent to immediately report any violations of noncompliance which might endanger health or the environment, including violations of maximum daily limits and immediately comply with the sampling frequencies and hydraulic detention time sampling requirements in accordance with the permit. The NOV also ordered the Respondent to submit to OC&I within 30 days: revised DMRs to correct the data; the steps taken or that will be taken to comply with the permit, an updated operations and maintenance manual that includes revised procedures to ensure compliance with the permit; and a letter from a qualified consultant that the sodium biosulfate feed point and final effluent composite sample point are in the locations required in the Order of Approval. OC&I assessed an administrative penalty of $61,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent installed an onsite wastewater treatment system (OWTS) to treat the sanitary wastewater from the schools and properly decommissioned the wastewater treatment facility. The OC&I approved the installation of the OWTS as a Supplemental Environmental Project (SEP), as it involved the elimination of the discharge to Sin and Flesh Brook. The OC&I allowed the full amount of the administrative penalty to be used as a SEP credit.

January 9, 2014 - Dam File No. 120 (Sprague Upper Reservoir) re: Greater Providence Young Men's Christian Association for a dam located north of Austin Avenue, east of Colwell Road, south of Mann School Road and west of Swan Road in the town of Smithfield. The Respondent owns the dam. The dam is classified by RIDEM as High Hazard. On November 15, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondent's failure to maintain the dam in a safe condition. On November 24, 2009 the dam was inspected. The inspection revealed dense vegetation on the upstream slope of the embankment that did not allow a proper inspection to be performed and an inoperable low level gate. In the NOV the Respondent was ordered to cut or remove the improper vegetation, retain a licensed engineer to inspect the dam and submit a report of his/her findings to OC&I, submit an application to OC&I to repair the low level gate, and repair the low level gate upon approval of the application by OC&I. OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the NOV to resolve the matter.

January 28, 2014 - Freshwater Wetland File No. FW C09-0023 re: Beaver Brook Farm, LLC for property located immediately south/southeast of Main Street (Route 3) opposite house number 645, in the vicinity of Utility Pole Number 884, approximately 2,000 feet northeast of the intersection of Main Street and Lawton Foster Road South, immediately north/northwest of Interstate Route 95, Assessor's Plat 11, Lot 32, in the town of Hopkinton. The Respondent owns the property. On December 29, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling (in the form of soil and other materials), grading, and creating soil disturbance within a Swamp, portions of which are also within Riverbank Wetland; clearing, filling (in the form of soil and other materials) and creating soil disturbance within Perimeter Wetland, portions of which are also within Riverbank Wetland; and clearing, filling (in the form of soil and other materials), grading, and creating soil disturbance within Riverbank Wetland, portions of which are within Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 14 acres of freshwater wetland. In the NOV, the OC&I ordered the Respondent to restore the altered wetlands. The OC&I assessed an administrative penalty of $25,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent submitted a plan to the OC&I to restore the altered wetlands that was approved on August 13, 2013 and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore the altered wetlands in accordance with the approved plan by December 31, 2014. The Respondent also agreed to pay a penalty of $20,000.00 within 1 year of execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

January 6, 2014 - UST File No. 01-02967 and Superior Court File No. PC13-4672 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants S. & R. Construction Co., Inc., Ozzi Realty Associates, LLC, and Rocco Izzo, Jr., d/b/a Ozzi Realty Company for property located at 60 Dyerville Avenue in the town of Johnston. The property was formerly operated as a retail gasoline station (the facility). Ozzi Realty Associates, LLC owns the property. Rocco Izzo, d/b/a Ozzi Realty Company, owned the property from December 1982 until March 2000. S & R Construction Co., Inc. operates the facility. The facility has two underground storage tanks (USTs) used for the storage of petroleum products. The facility is registered with the RIDEM pursuant to the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). On November 16, 2001 the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's UST Regulations. The violations pertained to precision testing, installation of overfill protection, abandonment of UST systems and submission of a closure assessment within 30 days of UST closure. The OC&I ordered the Defendants to submit records pertaining to precision testing and overfill protection, remove any remaining piping systems associated with the USTs removed from the property, submit a closure assessment report and, if necessary, submit a corrective action plan. A penalty in the amount of $23,140.00 was assessed in the NOV. The Defendants filed an appeal of the NOV with AAD. The Defendants failed to appear at AAD, and the AAD hearing officer dismissed the appeal. The Defendants failed to comply with the NOV. On September 18, 2013 the RIDEM filed a complaint in Superior Court. In the complaint the RIDEM asked the court to order the Defendants to comply with the Order section of the NOV and pay the administrative penalty assessed in the NOV. On January 6, 2014 the Court issued an Order to the Defendants. The Order stated that the Defendants are to pay the penalty within 30 days of entry of the Order and complete all work in the NOV to close the USTs within 90 days of entry of the Order.

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