January 2015 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 2015. 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 emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

January 2, 2015 - Underground Storage Tank File No. 2014-52-00850 re: Cambridge Petroleum Corporation, Newbury Enterprises, LLC and Souad Tashian Trust for property located at 3333 South County Trail, Assessor's Plat 18, Lot 40 in the town of East Greenwich. The property includes a convenience store and a motor fuel filling station and 5 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Souad Tashian Trust owns the property. Newbury Enterprises, LLC operates the facility. Cambridge Petroleum Corporation owns the USTs. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: perform periodic testing of sacrificial anode cathodic protection; properly install a leak monitoring device; repair a malfunctioning leak monitoring device; immediately investigate release detection signals and alarms; keep spill containment basins and sumps free of liquid; label UST fill ports to identify the product stored inside the tank; ensure that trained and certified Class A, B and C operators are assigned to the facility and on duty during all operating hours; maintain a list of all Class C operators assigned to the facility; and ensure that a Class A or Class B UST facility operator conduct monthly inspections. On February 2, 2014 the OC&I inspected the facility and documented the violations. On July 3, 2014 the OC&I issued an informal written notice to the Respondents by certified mail for the violations. The notice required specific actions to correct the violations. On July 8, 2014 the notice was delivered to each Respondent. On July 16, 2014 the DEM received a letter from Newbury Enterprises, LLC. The letter stated that the corporation intended to comply with the notice. As of the date of the NOV, the Respondents have failed to 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 $16,250.

January 2, 2015 - OWTS File No. 14-185 re: Robert J. Sauriol, Jr. for property located at 22 Capeway Road, Assessor's Plat 346, Lot 348 in the city of Warwick. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is 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 discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On August 1, 2014 the OC&I inspected the property and documented the violation. On August 4, 2014 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice required specific actions to correct the violation. On August 6, 2014 the notice was delivered to the Respondent. As of the date of the NOV, the Respondent has failed to comply with the notice. 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 $1,400.

January 2, 2015 - OWTS File No. 14-102 re: John L. Sunderland and Lucy B. Sunderland for property located at 1641 East Main Road, Assessor's Plat 48, Lot 13 in the town of Portsmouth. 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 discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On May 6, 2014 the OC&I inspected the property and documented the violation. On May 13, 2014 the OC&I issued an informal written notice to the Respondents by certified mail for the violation. The notice required specific actions to correct the violation. On May 17, 2014 the notice was delivered to the Respondents. As of the date of the NOV, the Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $800.

January 5, 2015 - OWTS File No. 14-156 re: Thomas Fiore for property located at 10 Douglas Road, Assessor's Plat 248, Lot 34 in the city of Warwick. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is 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 discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On July 1, 2014 the OC&I inspected the property and documented the violation. On August 15, 2014 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice required specific actions to correct the violation. On August 19, 2014 the RIDEM received a telephone call from Scott Morris on behalf of the Respondent in response to the notice. Mr. Morris stated that the OWTS is being pumped on a monthly basis and that he would discuss with the city of Warwick officials when public sewers would be available. The RIDEM program manager advised Mr. Morris that if public sewers will not be available within 1 year the OWTS needs to be repaired. Mr. Morris stated that he understood. On October 22, 2014 the RIDEM spoke with the city of Warwick officials regarding the availability of public sewers. The RIDEM was informed that public sewers are not available, and the city has no plans to provide public sewers. As of the date of the NOV, the Respondent has failed to comply with the notice. 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 $1,400.

January 7, 2015 - Dam File No. 238 (Edward's Pond Dam) re: Peter C. Hendrick Revocable Trust for property located approximately 3,400 feet east of the intersection of Ten Rod Road and Sunderland Road, approximately 1,250 feet north of Ten Rod Road, Assessor's Map 25, Block 1, Lot 6 in the town of Exeter. The property includes a dam and associated spillway. The dam is classified by the RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition and the failure to submit a registration form for the dam to the RIDEM. The dam was inspected on August 7, 2012. The inspection revealed that heavy vegetation on the downstream side of the embankment did not allow a proper inspection to be performed. The OC&I considers the dam unsafe because of the heavy vegetation that inhibits a proper inspection. On February 4, 2014, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The letter was delivered to the Respondent on February 11, 2014. The Respondent was required to complete and return the form to the OC&I by February 25, 2014. The Respondent has not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form, 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 7, 2015 - Dam File No. 645 (Centre of New England #1 Dam) re: Commerce Park Properties LLC for property located approximately 3000 feet northwest of the intersection of Arnold Road and New London Turnpike, approximately 220 feet southwest of Arnold Road, Assessor's Plat 14, Lot 1 in the town of Coventry. The property includes a dam and associated spillway. The dam is classified by the RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition and the failure to submit a registration form for the dam to the RIDEM. The dam was inspected on July 13, 2012. The inspection revealed that heavy vegetation on the upstream side, crest and downstream side of the embankment did not allow a proper inspection to be performed and settling of the spillway pipes and open joints in the pipes have resulted in partial filling of the pipes with sand. The OC&I considers the dam unsafe because of the heavy vegetation that inhibits a proper inspection and because the condition of the spillway pipes may affect the capacity of the spillway. On January 29, 2014, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The letter was delivered to the Respondent on February 4, 2014. The Respondent was required to complete and return the form to the OC&I by February 18, 2014. The Respondent has not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form, 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 also ordered the Respondent to retain a professional engineer and have the engineer submit an application to the RIDEM to repair the spillway pipes. The OC&I did not assess an administrative penalty.

January 20, 2015 - Air File No. 14-08 and OCI-AIR-14-331 re: P.J. Keating Company for a facility located at 875 Phenix Avenue in the city of Cranston (facility). On March 31, 1992 the RIDEM issued an approval to Tilcon Gammino Inc. to emit air pollutants from the facility. On November 6, 2002 the RIDEM received a letter from the Respondent advising the RIDEM that the corporation changed its name from Tilcon Gammino Inc. to P.J. Keating. The RIDEM transferred the approval to the Respondent. On April 12, 2004 and July 21, 2004 the RIDEM issued approvals to the Respondent to emit air pollutants from the facility. Collectively, these approvals are the permits. The permits require the Respondent to check the dust collector pressure drop a minimum of once per day and record the date, time and measurement; conduct a visolite or similar leak detection test of the baghouse prior to the initial startup and operation, when plant operations are resumed after winter shutdown, and every 90 days during the operating season; and submit a written report to the RIDEM within 10 days of each test's completion. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the failure to comply with the permits. On August 28, 2014 the RIDEM inspected the facility. The inspection revealed that the Respondent failed to conduct pressure drop readings for the dust collector and make required daily recordings. At the time of the inspection the pressure drop gauge for the dust collector was inoperable. The inspection also revealed that the Respondent failed to conduct visolite or similar leak detection testing after July 2010 of the baghouse and submit documentation to the RIDEM. In the NOV, the OC&I ordered the Respondent to: conduct a visolite or similar leak detection test of the baghouse, correct any deficiencies immediately, and submit a report of the test to the RIDEM; repair the pressure drop gauge for the dust collector; and implement record keeping of pressure drop measurements once per day. The OC&I assessed an administrative penalty of $8,672.

January 20, 2015 - Underground Storage Tank File No. 2014-7-00099 re: J & D's WEST KINGSTON SERVICE, INC. for property located at 3471 Kingstown Road, Assessor's Plat 22-4, Lot 46 in the town of South Kingstown. The property includes a convenience store, a service station, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products. The USTs are single walled tanks and were installed in 1985. The Respondent owns the property and operates the facility. 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 (UST Regulations). The violations pertain to the failure to: perform testing of sacrificial anode cathodic protection at least once every 3 years; perform tightness testing of the USTs at least once every 2 years for USTs that have been installed for more than 20 years; perform annual testing of line leak detectors; perform annual testing of shear valves; perform annual testing of continuous monitoring systems; and ensure that trained and certified Class A, B and C operators are assigned to the facility and on duty during all operating hours. On October 8, 2013 the RIDEM inspected the facility and documented the violations. On February 12, 2014 the RIDEM issued an informal written notice to the Respondent for the violations. The notice was sent by certified mail and was delivered to the Respondent on February 14, 2014. On June 16, 2014 the RIDEM reinspected the facility. As of the date of the NOV, the Respondents have failed to fully comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $20,021.

January 26, 2015 - Water Pollution File No. OCI-WP-15-1 and RIPDES RIG250022 re: SAFETY KLEEN SYSTEMS, INC. for a facility located at 167 Mill Street in the city of Cranston. On December 17, 2013 the RIDEM issued a permit to the Respondent to discharge non-contact cooling water from its facility to the Pawtuxet River. The permit requires the Respondent to summarize monitoring results obtained during the previous quarterly period and report these results to the RIDEM in a discharge monitoring report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. The OC&I alleges that the Respondent is in violation of RIDEM's Water Quality Regulations and the 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 Respondent failed to submit timely DMRs in accordance with the permit for 3 quarterly periods: the 2nd quarter of 2013; the 2nd quarter of 2014; and the 3rd quarter of 2014. The DMRs for the 2nd quarter of 2013 and the 2nd quarter of 2014 were submitted on November 15, 2013 and September 19, 2014, respectively. As of the date of the NOV, the Respondent has failed to submit the DMR for the 3rd quarter of 2014. In the NOV the OC&I ordered the Respondent to submit the DMR for the 3rd quarter of 2014. The OC&I assessed an administrative penalty of $2,750.

Formal Enforcement Cases Settled or Resolved:

January 5, 2015 - Hazardous Waste File 05-008 re: Southern Union Company for a facility located at 91 Tidewater Street in the city of Pawtucket. The facility was operated by the Respondent doing business as the New England Gas Company. On February 19, 2004 the Respondent registered with the RIDEM as a small quantity hazardous waste generator at the facility. On October 1, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the 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 pertained to the storage of hazardous waste (mercury) at the facility without a permit from the RIDEM. On October 19, 2004 the Respondent's representative called the RIDEM to report a spill at the facility. On the same day, the RIDEM received a call from Clean Harbors Environmental Services, Inc. reporting a release of mercury to the ground surface at the facility. The RIDEM investigated the spill, which included inspections of the facility and the review of documents submitted by the Respondent. Some of the mercury was generated from decommissioned equipment that the Respondent brought to the facility to remove mercury prior to sending the equipment for disposal off site. The remaining mercury was transferred from a locker of an employee in Fall River who had passed away and brought to the facility on or about March 23, 2003. As a result of the spill and the RIDEM's investigation, the Respondent properly removed and disposed of the mercury on or about October 23, 2004. While stored at the facility, the mercury was left unsecured. Vandals entered the building where the mercury was stored and removed some of the mercury, which led to the release of the mercury at an apartment building on Pleasant Street in the city of Pawtucket. Five apartment buildings containing 48 units and two other residential properties were affected. On October 2, 2009 the Respondent was found guilty of one count of storing a hazardous waste (waste liquid mercury) without a permit. In the NOV the OC&I assessed an administrative penalty of $247,498. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent paid $42,500 to fully resolve the NOV.

January 6, 2015 - Freshwater Wetland File No. FW C11-0141 re: David A. Harlow and Stephanie M. Harlow for property located approximately 100 feet west of Patchet Brook Road, adjacent to house number 35, approximately 150 feet northwest of the intersection of Patchet Brook Road and Oak Forest Drive, Assessor's Plat 25, Lot 24-5, in the town of Little Compton. On July 18, 2003 the RIDEM issued an approval to the former owner of the property to alter freshwater wetlands on the property associated with the construction of a house. On August 23, 2003 the Respondents acquired the property. On September 23, 2003 the RIDEM received an application from David A. Harlow to transfer the permit from the former owner to himself. On September 24, 2003 the RIDEM transferred the permit to Mr. Harlow. On December 13, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents 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 at least soil material, wood chips, and stones), paving, and landscaping within Swamp in noncompliance with the permit and clearing, filling (in the form of at least soil material, woodchips, and stones), paving, landscaping, and wall construction within Perimeter Wetland in noncompliance with the permit. This activity resulted in the unauthorized alteration of approximately 10,000 square feet of freshwater wetland. The OC&I inspected the property on September 28, 2011 and documented the violations. In the NOV, the OC&I ordered the Respondents to restore the altered wetlands. The OC&I assessed an administrative penalty of $6,000. The Respondents filed an appeal of the NOV with the AAD. On June 25, 2012 the OC&I received a plan to restore the altered wetlands (Wetland Restoration Plan). Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to complete all the work required in the Wetland Restoration Plan within 18 months unless the Respondents obtain a permit from the RIDEM allowing some or all of the altered wetlands to remain and pay a $3,000 penalty in 18 monthly payments. The first payment of $166.67 was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.