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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > July 2002 Summary

 
July 2002 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 July 2002. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

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

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

Formal Enforcement Actions Issued:

July 5, 2002 - OC&I/Solid Waste File No. 02-002 re: Louis L. Vinagro, Jr. for property located at 698 Central Avenue, Assessor's Plat 44, Lot 25 in the Town of Johnston. The OC&I alleges that the Respondent violated Rhode Island's Refusal Disposal Act by depositing and storing approximately 6,650 cubic yards of processed construction and demolition debris on the property. On December 21, 2000, OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent advising the Respondent of the alleged violation and requiring a plan for removal of the solid waste. The Respondent did not submit a plan of removal and did not remove the solid waste. In the NOV, the OC&I ordered removal of the waste within 90 days and assessed a penalty in the amount of $25,000.00.

July 8, 2002 - OC&I/Solid Waste File No. 02-015 re: Douglas H. Farrar III for property located on Farrar Lane, Assessor's Plat 46, Lot 151 in the Town of Smithfield. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act by disposing and storing approximately 36 cubic yards of mixed solid waste on the property. The waste consists of unregistered vehicles, tree and wood waste, scrap metal, demolition debris, leaf waste, used tires and a used fuel tank. On 28 June 1996, the RIDEM issued a Letter of Deficiency advising the owner of the alleged violation and requiring a plan of removal. The owner responded with a plan of removal and advised RIDEM that all waste would be removed from the property by September 1996. Despite follow-up inspections and discussions with the owner, solid waste remains on the property. In the NOV, the OC&I ordered removal of all of the waste and assessed a penalty in the amount of $2,500.00.

July 11, 2002 - OC&I/ Wetlands File No. C-1428 re: Fred Rieger for property located along the Moosup River approximately 500 feet west of Potter Road and approximately 2,400 feet southwest of the intersection of Moosup Valley Road and Potter Road, Assessor's Plat 1, Lot 43-B, in the Town of Foster. The OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. A NOV was issued to the Respondent on May 3, 1984 for unauthorized construction of a dam across the Moosup River. The Respondent failed to request a hearing. On August 28, 2001 an inspection revealed that the Respondent has maintained fill in the form of the concrete and boulder dam and has changed the character of the Moosup River by failing to remove the dam referenced in the prior NOV. OC&I ordered the removal of the unauthorized dam and all associated fill from the Moosup River by September 15, 2002 and assessed a penalty of $1,000.

July 22, 2002 - OC&I/Septic System File No. CI 01-30 re: John and Barbara Cullen for property located at 945 Mendon Road, Assessor's Plat 34, Lot 71 in the Town of Cumberland. The OC&I alleges the Respondents are in violation of DEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for a multi-family (4 unit) dwelling on the property. On March 22, 2001 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondents for the discharge of sewage to the ground. The Respondents failed to comply with the NOI. In the NOV, OC&I ordered the Respondents to cease the discharge of sewage and have the septic system pumped and to continue pumping until the sewerage system at the Property is connected to the public sewerage system. A penalty of $3,000 was assessed in the NOV.

July 22, 2002 - OC&I/Septic System File No. CI 98-90 re: Jjam Sports, Inc., for property located at 141 Reservoir Avenue, Assessor's Plat 6, Lot 374 in the Town of Lincoln. The OC&I alleges the Respondent is in violation of RIDEM's ISDS Regulations. The violations pertain to the discharge of sewage to the surface of the ground from the sewage disposal system for a bar/restaurant on the property and the alteration of a sewage disposal system without a permit from RIDEM. On June 30, 1998 and February 25, 2000 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent for the discharge of sewage to the ground and a failed septic system. The Respondent failed to comply with the NOIs. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage and have the septic system pumped and to continue pumping until the sewerage system at the Property is connected to the public sewerage system. A penalty of $4,000 was assessed against the Respondent.

July 22, 2002 - OC&I/Septic System File No. CI 01-121 re: Middle Bridge, Inc., for property located at 95 Middle Bridge Road, Assessor's Plat N-L, Lot 10 in the Town of Narragansett. The OC&I alleges the Respondent is in violation of RIDEM's ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground. The discharge is from the sewage disposal system for a restaurant on the property. On June 18, 2001 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent to correct the problem and resolve the violation. The Respondent failed to comply with the NOI. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage and have the septic system pumped until a permanent solution to the violation has been approved and is implemented. OC&I assessed a penalty of $2,000.

Formal Enforcement Cases Settled or Resolved:

July 1, 2002 - OC&I/UST File No. 01-00507 re: Brian K. Ennis, Post Road Gulf for property located at 4085 Old Post Road, Assessor's Plat 13, Lot 4 in the Town of Charlestown. On November 15, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations related to permanent closure of any USTs removed from service for longer than 180 days and abandonment of USTs. In the NOV OC&I ordered the Respondent to submit a permanent closure application, complete the removal of the UST, submit a closure assessment and, if necessary, submit a corrective active plan. A penalty in the amount of $11,620.00 was assessed in the NOV. The Respondent requested a hearing at AAD to contest the NOV. Prior to hearing, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. In the Consent Agreement, the Respondent agreed to comply with the orders set forth in the NOV by removing the UST, filing a Closure Assessment report, and, if necessary, conduct a site investigation and prepare a Site Investigation Report. If the report calls for a Corrective Action Plan, the Respondent agrees to file such a plan. The Respondent agreed to a penalty in the amount of $8,100.00 with $2,100.00 to be paid at the execution of the Consent Agreement and the remaining $6,000.00 to be paid in consecutive monthly payments of $1,000.00 until the penalty is paid.

July 1, 2002 - OC&I/ Wetland File No. C96-0081 re: North Smithfield High School, for property located approximately 1,400 feet east of Providence Pike, approximately 1,840 feet southeast of the intersection of Providence Pike and Grande Road, Assessor's Plat 19, Lot 86 in the Town of North Smithfield. On December 19, 2000, OC&I issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to a variety of unauthorized alterations to Forested Wetland and Perimeter Wetland on the property. The violations resulted in the alteration of approximately 20,000 square feet of Forested Wetland and 8,400 square feet of a Perimeter Wetland. OC&I ordered the Respondent to cease and desist from any further alterations and restore the freshwater wetlands. A penalty of $2,000 was assessed in the NOV. The Respondent requested a hearing on the NOV. Prior to the hearing on the NOV and prior to the execution of a Consent Agreement, the Respondent constructed a replacement wetland on the property. OC&I and the Respondent executed a Consent Agreement wherein the Respondent agreed to maintain the replacement wetland, monitor the progress of the wetland plantings, and complete additional work if the wetland does not function properly. The Respondent also paid $2,000 in administrative penalties.

July 8, 2002 - OC&I/LUST File No. 00-02778.A re: Campton Industries, L.L.C./Tower Hill Texaco for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7, in the Town of South Kingstown. On August 23, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of RIDEM's UST Regulations. The violations pertained to abandonment of UST's, prohibiting the upgrade or substantial modification of UST systems without notification and approval, precision testing requirements, installation of overfill protection and maintenance of daily written inventory records. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $16,190.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing the Respondent and the OC&I executed a Consent Agreement to resolve the NOV. The Respondent was able to document certain compliance with the UST Regulations and agreed to a penalty for those violations it could not resolve through documentation. The Respondent agreed to pay a penalty in the amount of $6,500.00.

July 12, 2002 - OC&I/ Wetland File No. C01-0192 re: Cranston Commons, for property within and adjacent to the "Cranston Commons "Residential Subdivision". The area adjacent to Cranston Commons begins approximately 100 feet north/northwest of the existing terminus of Alpine Estates Drive and approximately 100 feet northwest of the intersection of Alpine Estates Drive and Hummingbird Lane and extends easterly on abutting properties, otherwise identified as Assessor's Plat 35, Lots 7,17,203 and 204 in the City of Cranston. The area within Cranston Commons is located approximately 2,100 feet southwest of the existing terminus of Alpine Estates Drive and 2,000 feet southwest of the intersection of Alpine Estates Drive and Hummingbird Lane, Assessor's Plat 33, Lot 78 and also is located immediately northeast of the terminus of Alpine Estates Drive on Assessor's Plat 35, Lot 350. All lots are within the City of Cranston. On June 24, 2002, the OC&I issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. RIDEM issued a permit to the prior owner in May 1990 to construct a residential subdivision. The permit expired in April 1999, however, the Respondent continued to construct the subdivision even though no valid permit was in place. The violations pertain to filling, in the form of inorganic sands and sediment, resulting from storm water runoff into a Stream, an area subject to storm flowage (ASSF), Riverbank Wetland, and Forested Wetland. Alterations also include filling, clearing, and grading within Perimeter Wetland to construct a storm water detention pond. The activities resulted in the unauthorized alteration of at least 2,000 square feet of a Stream, 7,500 square feet of ASSF, 5,000 square feet of Forested Wetland, and 675 square feet of Perimeter Wetland. OC&I ordered the restoration of the unauthorized altered wetlands by October 31, 2002 and assessed a penalty of $4,000. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement wherein the Respondent was allowed to complete all freshwater wetland alterations approved by RIDEM in the expired permit that had been issued in May 1990. The Respondent agreed to restore the altered freshwater wetlands no later than September 15, 2002. The Respondent also agreed to complete all the plantings required under the permit by October 31, 2002, install permanent buffer markers for each lot to delineate the wetland edge, retain a qualified consultant to inspect the properties to ensure that compliance with all requirements is met, and record a copy of the permit in the land evidence records for each lot. The Respondent paid $3,500.00 in administrative penalties.

July 18, 2002 - OC&I/UST File No. 99-01679 re: Joseph C. Najm, Josephine Najm and Johnston Gas, Inc. for property located at 1209 Hartford Avenue, Assessor's Plat 20, Lot 32 in the Town of Johnston. On January 19, 2000, the OC&I issued a NOV to the Respondents and to Joseph C. Casali, Shirley A. Casali and Savon Gas, Inc. alleging that the Respondents violated certain portions of RIDEM's UST Regulations and RIDEM's Air Pollution Control Regulations. The UST violations pertained to abandonment of UST systems, precision testing requirements, installation of spill containment basins, overfill protection, written verification of compliance with facility requirements, written inventory records, closure assessment, and removal and disposal of petroleum contaminated soil. The air pollution violations pertained to failing to remove from service gasoline dispensers that failed proper testing to ensure a Stage II vapor recovery system was operating. The OC&I ordered compliance with the UST and Air Pollution Control Regulations and assessed a penalty in the amount of $35,450.00. The Respondents filed an appeal of the NOV with the AAD. Respondents Joseph C. Casali and Shirley A. Casali executed a Consent Agreement with the OC&I on August 3, 2000, thereby resolving their portion of the violations alleged in the NOV. Prior to hearing, Respondents Joseph C. Najm, Josephine Najm and Johnston Gas, Inc. and the OC&I executed a Consent Agreement to resolve the remaining violations. The Respondents were able to document certain compliance with the UST Regulations and agreed to a penalty for those violations it could not resolve through documentation. The Respondents also confirmed compliance with RIDEM's Air Pollution Control Regulations. The Respondents agreed to pay and have paid a penalty in the amount of $12,500.00.

July 23, 2002 - OC&I/RCRA File No. 00-098 and OC&I/Solid Waste File No. 00-049 re: the City of Woonsocket for property located on Davison Avenue, Assessor's Plat 28H, Lot 12, File 3 in the City of Woonsocket. On January 17, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Hazardous Waste Management Act and Refuse Disposal Act along with applicable regulations. The violations involved the transportation of hazardous waste from a construction site and storage/disposal of the waste at a former landfill operated by the City. In addition, the Respondent was observed to be disposing of solid waste at the former landfill and operating a solid waste management facility without a license. The OC&I ordered the Respondent to cease any continued acceptance or disposal of hazardous or solid waste, removal of all hazardous and solid waste disposed of on site and required a landfill closure plan. The OC&I assessed a penalty in the amount of $35,485.36. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to document the proper disposal of hazardous waste removed from the property, remove all recent solid waste disposed of on the property, cease disposal of any solid or hazardous waste at the property and submit a closure plan for the former landfill. The Respondent agreed to cap and close the former landfill no later than January 1, 2006. The Respondent agreed to pay a penalty in the amount of $29,485.36 no later than December 31, 2002.

July 31, 2002 - OC&I/LUST File No. 00-2018 re: DB Marketing Company, Inc. and Narragansett Pier Associates for property located at 15 Kingstown Road, Assessor's Plat C, Lot R-2-A in the Town of Narragansett. On November 8, 2000, the OC&I issued a NOV to the Respondents alleging that the Respondents violated portions of the UST Regulations. The violations pertained to prohibiting substantial modification of UST systems without prior written notification to and approval by the Director; maintenance of daily inventory records; and site investigation requirements. The OC&I ordered compliance with the regulations including the requirement to submit a Site Investigation Report and, if necessary, a Corrective Action Plan. A penalty of $16,250.00 was assessed against the Respondents. The Respondents filed an appeal of the NOV to the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the NOV. The Respondents complied with the orders in the NOV by preparing a Site Investigation Report and by providing daily written inventory records. The Respondents agreed to comply with requirements to prepare and submit a Corrective Action Plan ("CAP") and to follow RIDEM's order of approval regarding the CAP. The Respondents agreed to and have paid a penalty in the amount of $10,750.00.

Superior Court Actions Issued:

No new cases were filed this month.

Superior Court Actions Settled or Resolved:

June 26, 2002 - C.A. No. PC 02-2115 re: RIDEM, Plaintiff versus Rose Marie Brindamour, Defendant for property located at 20 Darrow Drive Assessor's Plat 364, Lot 182 in the City of Warwick. On July 13, 2001 the OC&I issued a NOV to the Defendant alleging certain violations of RIDEM's ISDS Regulations. The violations pertain to the discharge of sewage to the surface of the ground. The OC&I ordered the Respondent to cease the discharge of sewage and connect the sewerage system for the property to the city sewerage system. A penalty of $3,000 was assessed against the Defendant. The Defendant failed to request a hearing on the NOV. The Defendant failed to comply with the NOV and continued to allow sewage to discharge to the surface of the ground. RIDEM filed a complaint in Superior Court to enforce the NOV. Prior to a hearing on the complaint, RIDEM and the Defendant agreed to an Interim Consent Order that was signed by the Court on May 31, 2002. The Order requires the Defendant to take immediate temporary action to cease the discharge of sewage to the surface of the ground and connect the sewerage system for the property to the city sewerage system by July 31, 2002. The Defendant complied with the Order and completed the connection of the property to the city sewerage system on July 26, 2002.

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