Link to DEM Home Page Link to State of RI web site RIDEM graphical banner, showing land and water scene
Navigation button, HomeNavigation button, ProgramsNavigation button, TopicsNavigation button, MapsNavigation button, PublicationsNavigation button, NewsNavigation button, EventsNavigation button, SearchNavigation button, HelpNavigation button, Contact
Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > July 2011 Summary

 
July 2011 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 2011. 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 Leanne DeCosta at 401-222-4700 ext. 7218, 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:

July 13, 2011 - Air File No. 11-07 re: ACN - Providence, LLC for a facility located at 455 George Washington Highway in the town of Smithfield. The Respondent reconditions metal drums at the facility using various surface coating operations and is a major stationary source of volatile organic compounds. On August 26, 2006 RIDEM issued to the Respondent operating permit no. RI-04-06. The permit requires the Respondent to emit xylene and toluene only from the drum painting and drying operation, with the exception of de minimis emissions from emission unit D001. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control (APC) Regulation No. 19, entitled "Control of Volatile Organic Compounds from Surface Coating Operations" and APC Regulation No. 29, entitled "Operating Permits". The violations pertain to the failure to comply with the permit, the failure to use air dried surface coatings for miscellaneous metal parts with an emission limit of no more than 3.5 pounds of volatile organic compound (VOC) content per gallon of coating (minus water) and the failure to include all information on the permit application for each emission unit that is not considered an insignificant activity. RIDEM inspected the facility on November 10, 2010 and reviewed documents submitted to RIDEM by the Respondent's consultant as a follow up to the inspection. A review of the documents revealed that the Respondent used 900 gallons of an adhesive with the trade name 707 Clear/Red CAM-Bond Spray Contact Cement (Adhesive 707) in calendar years 2006 through 2010 that had 5.65 pounds of VOC per gallon of coating minus water and used 255 gallons of an adhesive with the trade name 808 Clear CAM-Bond Roller Contact Cement (Adhesive 808) in calendar years 2006 and 2007 that had 5.44 pounds of VOC per gallon of coating minus water. Adhesive 707 and Adhesive 808 contained toluene and were used to adhere gaskets to metal drum lids by air drying. The metal drum lids are considered miscellaneous metal parts under the APC Regulations. The application of the adhesive coatings for the purpose of adhering gaskets to metal drum lids is considered an emission unit (Adhesive Coating Emission Unit) and is not considered an insignificant activity under the APC Regulations. The Respondent did not include the Adhesive Coating Emission Unit on the permit application. The Respondent mitigated the violations by replacing the air dried coatings with an adhesive containing neither xylene nor toluene. In the NOV, OC&I assessed an administrative penalty of $12,500.00.

July 13, 2011 - Freshwater Wetland File No. FW C10-224 re: Stephen R. Archambault for property located south-southeast of Whipple Road, Assessor's Plat 44, Lot 10 in the town of Lincoln and Assessor's Plat 42, Lot 14A in the town of 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 and filling (in the form of soil material and boulders) within Perimeter Wetland (along a pond in the northeast corner of the property); clearing and filling (in the form of at least soil material and boulders) within Riverbank Wetland (along the west-southwest side of the property); clearing and filling (in the form of at least soil material and boulders) within Riverbank Wetland (along the west-northwest side of the property); clearing and filling (in the form of at least soil material and boulders) within Perimeter Wetland (along the western side of the property); and clearing within Swamp (in the northeast corner of the property). This activity resulted in the unauthorized alteration of approximately 1 acres of freshwater wetland. The OC&I inspected the property on October 19, 2010 and November 23, 2010 and documented the violations. On October 24, 2002 RIDEM issued a permit to the Respondent authorizing work adjacent to some of the freshwater wetlands that are the subject of this NOV. The Respondent notified RIDEM that he intended to comply with the permit. The Respondent failed to comply with the permit and altered other freshwater wetlands on the property that were not subject to the permit. The Respondent did not receive approval from RIDEM to alter the freshwater wetlands. In the NOV, the OC&I ordered the Respondent to restore the freshwater wetlands. The OC&I assessed an administrative penalty of $15,000.00.

July 21, 2011 - Air File No. 11-14 re: City of Warwick Sewer Authority for a wastewater treatment facility located at 125 Arthur W. Devine Boulevard in the city of Warwick. 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 and operation of a 2,206 horsepower (HP) diesel fired emergency generator at the facility without a permit from RIDEM. On May 6, 2011 the Respondent submitted to RIDEM an application for a general permit. The application stated that the emergency generator was installed in March 2011. APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $1,000.00.

July 22, 2011 - Air File No. 11-12 re: Saint Mary and Saint Mena Coptic Orthodox Church of R.I. for a facility located at 2433 Scituate Avenue in the city of Cranston. 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 and operation of a 197 horsepower (HP) oil fired emergency generator at the facility without a permit from RIDEM. On May 9, 2011 the Respondent submitted to RIDEM an application for a general permit. The application stated that the emergency generator was installed in September 2010. APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $1,000.00.

July 22, 2011 - Air File No. 11-13 re: Town of Westerly for wastewater pumping stations on Bradford Road (Bradford station) and Canal Street and Columbus Avenue (Canal/Columbus station) in the town of Westerly. 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 and operation of a 67 horsepower (HP) diesel fired emergency generator at the Bradford station and a 200 HP diesel fired emergency generator at the Canal/Columbus station without a permit from RIDEM. On May 11, 2011 and May 31, 2011 the Respondent submitted to RIDEM applications for a general permit for the Bradford station and Canal/Columbus station, respectively. The applications stated that the emergency generator at the Bradford station was installed in April 2011 and that the emergency generator at the Canal/Columbus station was installed in June 2010. APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $2,000.00.

July 27, 2011 - Air File No. 11-15 re: Providence Water Supply Board for facilities located at 60 Ashby Street and 134 Bath Street in the city of Providence, 430 Scituate Avenue in the city of Cranston, and 61 North Road in the town of Scituate. 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 violations pertain to the installation and operation of an emergency generator at each of the facilities without a permit from RIDEM. On May 20, 2011 the Respondent submitted to RIDEM applications for a minor source permit for each of the facilities. The applications stated the following: the emergency generator at the Ashby Street facility was installed in March 1993, is fired with #2 fuel oil and has a maximum heat input capacity of 9.51 million British thermal units per hour (BTU/hr); the emergency generator at the Bath Street facility was installed in February 1997, is fired with #2 fuel oil and has a maximum heat input capacity of 9.51 million BTU/hr; the emergency generator at the Scituate Avenue facility was installed in January 2006, is fired with #2 fuel oil and has a maximum heat input capacity of 6.27 million BTU/hr; and the emergency generator at the North Road facility was installed in May 2001, is fired with #2 fuel oil and has a maximum heat input capacity of 5.65 million BTU/hr. APC Regulation No. 9 requires a minor source permit from RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5 million BTU/hr or more. In the NOV, OC&I assessed an administrative penalty of $5,375.00.

July 27, 2011 - Septic System File CI 10-140 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. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On December 21, 2010 the OC&I inspected the property and documented the violation. On December 21, 2010 and December 29, 2010 the OC&I issued informal written notices to the Respondents for the violation. The Respondents failed to comply with the notices. 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 OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,400.00.

July 27, 2011 - Septic System File CI 10-060 re: Richard J. Martinelli and Rita L. Martinelli for property located at 33 Gould Street, Assessor's Plat 53, Lot 1383 in the town of Cumberland. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On June 9, 2010 the OC&I inspected the property and documented the violation. On June 14, 2010 the OC&I issued an informal written notice to the Respondents for the violation. On January 11, 2011 the Respondents submitted to RIDEM an application to repair the OWTS. On January 28, 2011 RIDEM approved the application. The Respondents have failed to construct the OWTS. In the NOV, the OC&I ordered the Respondents to complete the repair to the OWTS in accordance with the approval. In the NOV, the OC&I assessed an administrative penalty of $800.00.

July 27, 2011 - Septic System File CI 10-130 re: Eric J. Burgess and Jill A. Burgess for property located at 32 Burgate Street, Assessor's Parcel ID 0WL-357-000 in the town of Glocester. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On November 22, 2010 the OC&I inspected the property and documented the violation. On November 30, 2010 the OC&I issued an informal written notice to the Respondents for the violation. The Respondents failed to comply with the notice. 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 OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,400.00.

July 28, 2011 - Solid Waste File No. SW 2010-12 re: Michael F. Albernaz, Joseph Albernaz, John E. Albernaz, Margaret A. Mello and Joanne Pankowski for a property located at 100 Cory's Lane, Assessor's Parcel ID 99-84 in the town of Tiverton. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act. The violation pertains to the depositing of approximately 251 cubic yards of solid waste on the ground (consisting of plastic waste, metal waste, construction and demolition debris, steel drums, used tires, abandoned watercraft in varying states of disrepair, abandoned unregistered vehicles, and other mixed solid waste). OC&I inspected the property on April 29, 2010 and May 20, 2011 and documented the violation. On July 9, 2010 the OC&I issued an informal written notice to the Respondents. The Respondents failed to respond to or comply with the notice. In the NOV, the OC&I ordered the Respondents to cease the disposal of solid waste on the property and remove and properly dispose of the solid waste at a licensed solid waste management facility. The OC&I assessed an administrative penalty of $6,250.00.

July 28, 2011 - Underground Storage Tank File No. 2010-00473 re: Wickbay Properties, Inc. for property located at 65 Reynolds Street, Assessor's Plat 91, Lot 142 in the town of North Kingstown. The property includes a marina and three underground storage tanks (USTs) used for storage of petroleum product (collectively, the facility). 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 violation pertains to the failure to compile and maintain inventory control records in a manner that is consistent with the UST Regulations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $6,250.00.

Formal Enforcement Cases Settled or Resolved:

July 11, 2011 - Solid Waste File No. 2007 1517 SW and SW 07-02 re: James and Melissa Pelletier for property located at Crandall Road, Assessor's Plat 128, Lot 4N in the town of Tiverton. The property is owned by the Respondents. On August 31, 2009 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act and the RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities. The violations pertained to the unauthorized disposal of solid waste (in the form of composted tree waste, yard waste and manure) and the unauthorized operation of a composting facility on the property. Inspections of the property by the OC&I in February 2007 and November 2007 revealed the unauthorized disposal of solid waste and the unauthorized operation of a leaf and yard waste composting facility. In the NOV, the OC&I ordered the Respondents to immediately cease the disposal of solid waste, immediately cease operating a composting facility, and properly remove all solid waste. The OC&I assessed an administrative penalty of $17,000.00. The Respondents filed an appeal of the NOV with AAD. 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 stop accepting and composting any additional leaf and yard waste and/or take any action to increase the amount of compost material in the form of leaf and yard waste beyond that which is already present on the property effective June 27, 2011, and that no additional leaf and yard waste will be accepted or composted and no action will be taken to increase the amount of compost material in the form of leaf and yard waste beyond that which is already present on the property unless and until such time as the Respondents obtain the RIDEM's approval to commence leaf and yard waste composting on the property in the form of either an Agricultural Composting registration or other appropriate registration, license or permit issued by the RIDEM. The Respondents also agreed to spread all the composted material on the property (approximately 916 cubic yards) across the property by June 30, 2012 in an effort to reclaim lost topsoil unless the Respondents obtain the RIDEM's approval to commence leaf and yard waste composting on the property, in which case the composted material shall be used in the manner that is consistent with the approval. The Respondents also agreed to pay a penalty of $13,000.00. The Respondents agreed to pay $6,500.00 and perform a Supplemental Environmental Project (SEP) valued at $6,500.00. The $6,500.00 will be paid in three installments of $2,500.00. The 1st installment was paid upon execution of the Agreement. The 2nd installment is due within six months of execution of the Agreement, and the final installment is due within one year of the execution of the Agreement. The SEP involves the following activities: reduction of truck traffic to and from the property; restriction of sales at the property; use of compost generated on the property solely on the property to reclaim lost topsoil and in conjunction with the growth and harvesting of nursery trees; creation of a 100 foot landscaped setback area from the street; and creation of a 75 foot buffer on all sides of the property.

July 18, 2011 - Septic System File No. CI 10-8 re: Jan M. McIntyre-Ba for property located at 6 Old Angell Road, Assessor's Plat 39, Lot 89 in the town of Cumberland. The property includes a 6-bedroom, 3-unit apartment dwelling that is owned by the Respondent. On June 25, 2010 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 (OWTS Regulations). The violation pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the OWTS as needed to prevent overflows, and repair the OWTS, if needed. The OC&I assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent submitted documentation to the OC&I to show that she does not have the financial means to repair the OWTS or pay the administrative penalty assessed in the NOV. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to the following terms: retain a licensed septage hauler to pump the OWTS as often as necessary to prevent any and all overflows of sewage to the ground surface; discontinue all use of the washing machine at the property until the OWTS is repaired; install low flow water fixtures on the shower and sinks and install a 1.6 gallon per flush toilet; limit the occupancy of the dwelling to no more than 6 persons until the OWTS is repaired; and repair the OWTS or connect to public sewers upon any sale or transfer of ownership of the property. The OC&I waived the administrative penalty.

July 19, 2011 - Water Pollution File No. 09-033 re: Sprague Energy Corp. for a petroleum product facility located at 144 Allens Avenue in the city of Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001384. The permit authorizes the Respondent to discharge storm water from the terminal yard and truck loading rack areas of the facility to the Providence River. The permit requires the Respondent to meet maximum daily discharge limits for total suspended solids and oil & grease of 20 milligrams per liter (mg/l) and 15 mg/l, respectively; summarize the results of monthly monitoring in reports submitted to the RIDEM; and properly operate and maintain the oil/water separator at the facility. On January 28, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the permit, Rhode Island's Water Pollution Act and the RIDEM's Water Quality Regulations and RIPDES Regulations. The violation pertained to the discharge of total suspended solids and oil & grease in violation of the limits in the permit and the failure to properly operate and maintain the oil/water separator. The Respondent submitted monitoring reports to the RIDEM from January 2007 through June 2009 that showed that the Respondent violated its limit for total suspended solids for each month except July 2008, December 2008, and January 2009. The total suspended solids values ranged from 60 mg/l to 890 mg/l. The results also showed that the Respondent violated its limit for oil & grease for each month from February 2007 through May 2007, July 2007, and for each month from February 2008 through June 2008. The oil & grease values ranged from 17 mg/l to 130 mg/l. In the NOV the Respondent was ordered to install a system to treat storm water runoff from the facility to ensure compliance with the discharge limits in the permit and submit a revised storm water pollution prevention plan. The OC&I assessed an administrative penalty of $73,750.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV. The Respondent submitted documents to the RIDEM that showed that the elevated levels of total suspended solids detected in the effluent from the facility were most likely influenced by construction related to the Route I-195 Relocation Project. The Respondent also submitted documents to the RIDEM that showed that laboratory error was responsible for some of the elevated values that were reported to the RIDEM. The OC&I considered both of those factors in settlement of the administrative penalty and executed a Consent Agreement with the Respondent to resolve the NOV. The Respondent agreed to pay an administrative penalty of $21,250.00, which was paid upon execution of the Agreement.

July 20, 2011 - Underground Storage Tank File No. 07-00653 & 03026 re: John J. Paterra, II and Food N' Fuel, Inc. for properties located at 873 Cranston Street, Assessor's Plat 7/2, Lot 121 in the city of Cranston and at 2701 Hartford Avenue, Assessor's Plat 57/2, Lot 147 in the town of Johnston. The Respondents are owners/operators of four gasoline underground storage tanks (USTs) at these locations consisting of an 8,000-gallon UST and 4,000-gallon UST at the Cranston facility and a 9,000-gallon UST and 3,000-gallon UST at the Johnston facility. On February 15, 2007 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the Respondents' failure to comply with the UST Environmental Results self certification program for both facilities. In addition, at the Cranston facility, the Respondents failed to compile inventory control records from March 2002 through March 2005; failed to perform annual testing of the line leak detectors in the years 2001, 2002, 2003 and 2004; failed to maintain dispenser and piping collection sumps free of liquids; failed to perform monthly (from 2002 through 2005) and annual (2001, 2002 and 2004) testing of the continuous monitoring system; failed to maintain spill containment basins free of liquids and solids; failed to secure groundwater monitoring wells from tampering; and disposed of used gasoline dispenser filters on the ground at the facility. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,831.00. The Respondents did not file an appeal of the NOV with AAD. The Respondents complied with the Order section of the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $11,681.00 in monthly installments of $1,000.00, with the last installment in the amount of $681.00. The 1st installment of $1,000.00 was paid upon execution of the Agreement.

July 21, 2011 - Underground Storage Tank File No. 2010-02128 re: Salem Silveira Land Company LLC for property located at 943 Main Street in the town of Warren. The property includes a gasoline service station and convenience store and two underground storage tanks (USTs) used for storage of petroleum products (the facility). The Respondent is the owner of the property. On May 28, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to: compile inventory control records for the USTs during the time period of October 2005 through February 2008; procure the services of a qualified person to test the line leak detectors for the USTs in 2005, 2006, and 2007; perform testing of shear valves in 2005, 2006, and 2007; and retain a qualified person to inspect, calibrate, and test the continuous monitoring system in 2005, 2006, and 2007. The violations were first observed during an inspection by the RIDEM on October 24, 2008. In the NOV the OC&I assessed an administrative penalty of $10,895.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $5,000.00, which was paid upon execution of the Agreement.

July 25, 2011 - Underground Storage Tank File No. 06 - 02778 re: Campton Industries, LLC, Quick Stop Petroleum, Inc. and Smithco Oil Service, Inc. for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7 in the town of South Kingstown. There are five underground storage tanks (USTs) on the property consisting of two 20,000-gallon USTs holding heating oil and three 6,000-gallon USTs holding gasoline. Campton Industries, LLC (Campton) is the owner of the property. Quick Stop Petroleum, Inc. (Quick Stop) and Smithco Oil Services, Inc. (Smithco) were the operators of the UST facility. On September 14, 2006 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations) and Rhode Island's Water Pollution Act. The violations pertained to the Respondents' failure to: comply with orders of the RIDEM's Director; obtain an approval from the RIDEM's Director for UST modification projects; have a qualified environmental consultant screen soils for contamination during a piping replacement project; utilize a qualified cathodic protection tester to inspect the impressed current cathodic protection system; inspect the impressed current cathodic protection system at sixty day intervals; report malfunctions, repairs, replacement and modifications of UST cathodic protection systems; maintain inventory control records; comply with tank testing requirements; comply with continuous monitoring of double-walled product piping systems; comply with annual testing of line leak detectors; comply with operation and maintenance of leak monitoring equipment requirements; comply with monthly and annual testing of continuous monitoring equipment; maintain spill containment basins; maintain piping collection sumps; label UST fill ports; comply with tank pad observation well and groundwater monitoring well construction standards and investigate release detection signals and unusual operating conditions. In the NOV, the OC&I ordered that the Certificate of Registration for UST facility No. 02778 be revoked. The OC&I further ordered the Respondents to complete facility closure procedures in accordance with the UST Regulations including the removal of any contaminated soil stockpiled on the property and the completion of a site investigation report (SIR) and a corrective action plan (CAP) to address any and all contamination at the property. The OC&I assessed an administrative penalty of $45,552.00. Campton and Quick Stop filed an appeal of the NOV with AAD. Smithco did not file an appeal of the NOV with AAD. The OC&I and Quick Stop executed a Consent Agreement on August 29, 2007 to resolve the NOV with regard only to Quick Stop. On March 14, 2011, the RIDEM received a letter dated February 15, 2011 from Campton's consultant (February 15th letter). The February 15th letter described the actions Campton would be taking to investigate the petroleum contamination on the property. Prior to an administrative hearing on the NOV, the OC&I and Campton executed a Consent Agreement to resolve the NOV. Campton agreed to submit a SIR to the RIDEM within sixty days, which will include investigatory work as described in the February 15th letter, and perform quarterly groundwater sampling for a minimum of one year. Campton further agreed to submit a CAP within forty five days of notification by the RIDEM if the RIDEM's review of the SIR reveals that a CAP is required. Campton also agreed to pay an administrative penalty of $8,000.00 in monthly installments of $1,000.00. The 1st installment was paid upon execution of the Agreement.

July 27, 2011 - Hazardous Waste File No. 2010-63 HW re: Albert Cerbo d/b/a Charisma Manufacturing Co., Inc. for a facility located at 400 Broad Street in the city of Central Falls. The facility electroplates costume jewelry, ornaments and specialty items and is registered with the RIDEM as a large quantity hazardous waste generator. The Rhode Island Secretary of State's corporation database lists Charisma Manufacturing Co., Inc. as an inactive corporation. The company's corporate status was revoked on October 7, 2002. The record lists Albert Cerbo as the president of the company. On February 8, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertained to the Respondent's failure to: properly label all satellite containers holding hazardous waste; keep containers holding hazardous waste closed except when adding or removing waste; keep satellite containers at the point of generation and under the control of the operator; submit to the RIDEM a list of agents authorized by the company to sign uniform hazardous waste manifests for shipments of hazardous waste; obtain copies of manifests signed by the designated facility receiving hazardous waste within thirty-five days or file an exception report with the RIDEM; test and maintain fire protection equipment as necessary to ensure its proper operation at the time of emergency; prepare and maintain a contingency plan; provide training for all employees who manage hazardous waste; store used oil in containers with proper labels; properly label or mark universal waste or the containers in which the waste is contained; and demonstrate the length of time since the universal waste started being accumulated. The OC&I inspected the facility on May 18, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $38,870.00. The Respondent failed to file an appeal of the NOV with AAD. The Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $9,807.50 in installments. The 1st installment of $2,807.50 was paid upon execution of the Consent Agreement. The remaining penalty will be paid in monthly installments of $1,000.00.

July 27, 2011 - Air File No. 11-08 re: Town of Smithfield and the Smithfield School Department, for the Smithfield High School located at 90 Pleasant View Avenue in the town of Smithfield. The town of Smithfield owns the high school and the Smithfield School Department operates the school. On June 8, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of two oil fired boilers at the high school without a permit from the RIDEM. On December 17, 2010 the Smithfield School Department submitted a letter to the RIDEM stating that two boilers are in operation at the high school. In a follow up discussion with the RIDEM, the Smithfield School Department stated that the boilers burn #2 fuel oil, have a maximum heat input capacity of 6.95 million British thermal units (BTUs) per hour and were installed in April 1999. APC Regulation No. 9 requires a minor source permit from the RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5.0 million BTUs or more per hour. In the NOV, the OC&I ordered the Respondents to submit a permit application to the RIDEM for the two boilers in accordance with APC Regulation No. 9. The OC&I assessed an administrative penalty of $2,388.00. 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 and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $1,888.00, which was paid upon execution of the Agreement.

July 28, 2011 - Hazardous Waste File No. 2009 2905 HW re: Induplate LLC for property located at 1 Greystone Drive in the town of Town of North Providence. The Respondent operates a facility at the property that is used for electroplating of metal products and is registered with the RIDEM as a large quantity hazardous waste generator. On November 10, 2009 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Hazardous Waste Management (Hazardous Waste Regulations). The violations pertained to the failure to: determine if waste meets the definition of hazardous waste; label containers with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the U.S. Environmental Protection Agency or Rhode Island waste code, the accumulation start date, and/or the hazardous waste manifest number; mark containers holding hazardous waste with the date upon which the waste first began to accumulate; transfer hazardous waste from a container in poor condition to one in good condition; equip its facility with spill control equipment of sufficient type and quantity to respond to spills of hazardous waste; store hazardous waste less than ninety days; clean up and place in a container universal waste mercury containing lamps that were broken; label each container holding universal waste with one of the following phrases "Universal Waste - Mercury-Containing Lamps", or "Waste-Mercury Containing Lamps", or "Used Mercury-Containing Lamps"; and demonstrate the length of time that the universal waste has been accumulated onsite. On December 15, 2008 the OC&I inspected the facility and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed an administrative penalty of $29,750.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $20,000.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

July 1, 2011 - Septic System File CI 07-80 and Superior Court File No. PC 11-3747 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Jonathan B. Harlan and Sabrina Harlan for property located at 42 Beausoleil Street, Assessor's Plat 51, Lot 63 in the city of Woonsocket. The property includes a 3-bedroom single family dwelling. On March 26, 2009 the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations) and the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violations pertained to the overflow of sewage from the individual sewage disposal system (ISDS) for the dwelling to the surface of the ground. In the NOV the Defendants were ordered to pump the ISDS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the ISDS failure, and repair the ISDS if necessary. The OC&I assessed an administrative penalty of $1,200.00. The Defendants failed to file an appeal of the NOV at AAD and have failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to come into compliance with the OWTS Regulations and pay the administrative penalty of $1,200.00.

July 1, 2011 - Septic System File CI 08-21 and Superior Court File No. PC 11-3746 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Clark A. Whitford Jr., Trustee, The Jason C. Whitford Irrevocable Trust - 1989 for property located at 22 Tripps Corner Road, Assessor's Map 35, Block 2, Lot 4 in the town of Exeter. The property includes a 1-bedroom single family dwelling. On May 5, 2009 the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violations pertained to the pumping of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground with a portable pump. In the NOV the Defendant was ordered to pump the OWTS as necessary to prevent overflows of sewage to the ground surface using a licensed septage hauler, retain a licensed designer to evaluate the cause of the OWTS failure, and repair the OWTS if necessary. The OC&I assessed an administrative penalty of $2,000.00. The Defendant failed to file an appeal of the NOV at AAD and has failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to come into compliance with the OWTS Regulations and pay the administrative penalty of $2,000.00.

July 6, 2011 - Freshwater Wetland File CI 05-218 and Superior Court File No. PC 11-4100 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants David M. Sousa, Ann M. Sousa, and Lawncare, Inc. for property located north of Plainfield Pike, approximately 1450 feet west of the intersection of Peck Hill Road and Plainfield Pike, Assessor's Plat 33, Lots 14 and 85 in the town of Johnston. David M. Sousa and Ann M. Sousa own Plat 33, Lot 14. Lawncare, Inc. operates a landscaping business on the property. On February 22, 2008, the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Freshwater Wetlands Act and Refuse Disposal Act and the RIDEM's Freshwater Wetlands Regulations and Solid Waste Regulations. The violations pertained to clearing, filling (in the form of at least soil material, bricks, rocks, boulders and concrete pieces), excavating, or creating soil disturbance within Swamp, Forested Wetland, Perimeter Wetland, and Riverbank Wetland. The violations resulted in the unauthorized alteration of approximately 2.3 acres of Swamp or Forested Wetland and approximately 8,800 square feet of Perimeter Wetland or Riverbank Wetland. The violations also pertained to the unauthorized disposal of approximately 2,775 cubic yards of solid waste (in the form of at least yard debris, wood chips, and household refuse) in the Swamp. In the NOV, the OC&I ordered the Defendants to cease and desist from any further alterations to freshwater wetlands, cease disposal of solid waste, remove all solid waste from the property and restore all freshwater wetlands. The OC&I assessed an administrative penalty of $8,000.00. The Defendants filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Defendants executed a Consent Agreement on March 26, 2009 to resolve the NOV. The Defendants agreed to apply for a permit within ninety days to seek approval for a portion of the altered wetland currently used for the commercial business and restore the remaining wetlands on or before March 15, 2011. The Defendants also agreed to remove all solid waste from the property within ninety days. The Defendants agreed that if a permit was not obtained by October 15, 2010 the Defendants would restore the altered wetlands within one hundred twenty days of receipt of written notice from the RIDEM. The Defendants also agreed to pay an administrative penalty of $5,000.00, which was paid, and pay an additional $500 per month for each month the Defendants are in noncompliance with the Consent Agreement. The Defendants have failed to comply with the remaining conditions of the Consent Agreement. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to come into compliance with the Consent Agreement and pay $11,500.00 in noncompliance penalties.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

For General Information 222-6800 • After Hours Emergencies 222-3070 • Disclaimer