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

 
July 2013 Enforcement Action Summary

Formal Enforcement Actions Issued
Formal Enforcement Actions Settled or Resolved
Superior Court Actions Issued
Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of July 2013. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

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

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be addressed to Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

July 18, 2013 - Air File No. 13-03 re: Cherenzia Excavation, Inc. for facilities located at 64 Old Hopkinton Road (Old Hopkinton Road facility) and 109 White Rock Road (White Rock Road facility) in the town of Westerly. 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 installation and operation of engine/generator sets at the facilities without a permit from the RIDEM. On March 19, 2013, the RIDEM received minor source permit applications from the Respondent for the facilities. The applications included the following information: a diesel fired engine/generator set with a maximum heat input capacity of 6,750,000 British thermal units per hour (BTU/hr) was installed in 1998 at the Old Hopkinton Road facility; a diesel fired engine/generator set with a maximum heat input capacity of 7,960,000 BTU/hr was installed in 2006 at the Old Hopkinton Road facility; and a diesel fired engine/generator set with a maximum heat input capacity of 5,480,000 BTU/hr was installed in 2002 at the White Rock Road facility. The RIDEM's 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 million BTU/hr or more. In the NOV, the OC&I assessed an administrative penalty of $13,144.00.

July 24, 2013 - Dam File No. 649 (Bridlewood Pond Upper End Dam) re: Syed K. Raza and Sehark K. Raza for property located south of Preakness Drive and east of the intersection of Preakness and Bridle Drives, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondents own the dam. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondents' failure to maintain the dam in a safe condition. The dam was inspected on March 20, 2010. The inspection revealed that vegetation is on the embankment crest that did not allow a proper inspection to be performed. On April 18, 2013, the OC&I issued a certified letter to the Respondents that included a registration form for the dam. The Respondents were required to complete and return the form to the OC&I by May 4, 2013. Thus far, the Respondents have not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondents 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.

July 29, 2013 - Solid Waste File No. SW 2013-6 re: Mohamed Y. Sasa and Rhonda A. Sasa for a property located off of Pine Grove Avenue, Assessor's Plat 46, Lot 39, Lot 40, and Lot 41 in the town of Johnston. 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 on the ground and burial of approximately 351 cubic yards of solid waste (including about 2630 tires) consisting of televisions, bottles and cans, used tires, metal waste, and other mixed solid waste. OC&I inspected the property on August 18, 2011, January 15, 2013 and July 22, 2013 and documented the violation. On September 9, 2011 the OC&I issued an informal written notice to the Respondents for the violation. The notice required specific actions to correct the violation. 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. As the solid waste is deposited in or adjacent to freshwater wetlands, the Respondents were further ordered to meet with RIDEM prior to undertaking any work and comply with any instructions from RIDEM regarding work with the freshwater wetlands. The OC&I assessed an administrative penalty of $6,250.00.

July 29, 2013 - OWTS File No. 13-64 re: Charles N. Chatterley and Theresa Chatterley for property located at 63-65 Blackrock Road, Assessor's Parcel ID No. 0063-068.001 in the town of Coventry. The property includes a dwelling and is owned by the Respondents. The OC&I alleges that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the repair of the onsite wastewater treatment system (OWTS) that serves the dwelling without a permit from the RIDEM by an individual without a license from RIDEM to repair an OWTS. On July 2, 2013 the OC&I inspected the property. The inspection revealed an open excavation area with PVC piping laid out. A review of RIDEM records revealed that the Respondents had not submitted an application to RIDEM for approval to repair the OWTS. On July 15, 2013 Mr. Chatterley spoke with the OC&I and stated that he personally repaired the OWTS. Mr. Chatterley does not possess a license from RIDEM to repair OWTSs. In the NOV, the OC&I ordered the Respondents to immediately cut and cap the pipe from the OWTS such that the remaining components of the OWTS function as a holding tank and sewage is not discharged to the subsurface or surface of the ground; reduce the discharge of sewage to the OWTS, pump the OWTS as needed to prevent overflows, submit an application to properly repair the OWTS that is prepared by a licensed designer, and complete the repair work upon approval by RIDEM. In the NOV, the OC&I assessed an administrative penalty of $2,000.00. A penalty of $1,000.00 was assessed against both Respondents for the repair of the OWTS without an approval by RIDEM. An additional $1,000.00 was assessed against Mr. Chatterley for repairing the OWTS without a valid license.

Formal Enforcement Cases Settled or Resolved:

July 12, 2013 - Dam File No. 104 (Bleachery Pond Dam) re: Providence Casket Company for property located southeast of Walker Street, northeast of Industrial Circle and south of the intersection of Walker Street and Moshassuck Road, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On June 20, 2011 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 failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to repair the low level gate. The 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 OC&I and the Respondent executed a Consent Agreement to resolve the NOV. By August 15, 2013 the Respondent agreed to submit an escrow agreement to the RIDEM that will describe the disbursement of funds associated with compliance with the Agreement. The Respondent will deposit into the escrow account sufficient funds to complete the repair over the next five years. By January 1, 2015 the Respondent will retain a registered professional engineer with experience in dam inspection, design, construction and repair to oversee the work, with all repair work on the low level gate completed by July 1, 2019.

July 12, 2013 - Dam File No. 615 (Rodman Mill Dam) re: Bakeford Properties, LLC for property located on the southeast end of the pond immediately southeast of Lafayette Road, southwest of Ten Rod Road opposite the intersection of Advent Street and Ten Rod Road, in the town of North Kingstown. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On May 27, 2011 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 failure of the owner to maintain the dam in a safe condition and the failure to register the dam. On January 26, 2009 the OC&I issued a certified letter to the Respondent that included a registration form for Dam 615. The Respondent was required to complete and return the registration form to the OC&I by February 19, 2009. The Respondent failed to submit the registration form. The dam was inspected on May 7, 2010. The inspection revealed the following: excessive vegetation on the upstream slope of the dam embankment, the dike embankment, and the spillway that did not allow a proper inspection to be performed; and no low level gate was present. In the NOV, the OC&I ordered the Respondent to take the following actions: complete and submit the registration form to the OC&I; remove the excess vegetation from the dam embankment, dike embankment and spillway; retain a professional engineer with experience in dam inspections to inspect the dam, submit a report of the findings of the inspection to the OC&I; and submit an application to the OC&I along with a schedule to construct a low level gate and repair any components of the dam that the inspection report concludes require repair. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. The Respondent submitted the completed registration form, removed the vegetation from the dam, had the dam inspected by an engineer, and submitted the engineer's report to OC&I. The report stated that no components of the dam required repair, including the low level gate. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. In lieu of repairing the low level gate, the Respondent agreed to certain restrictions on the property below the dam to protect people. The Respondent agreed to remove the fencing around the childrens' playground area and all the playground equipment and agreed that no such future use will occur. The Respondent also agreed to notify all Lessees of the building that abuts the dam (the Abutting Building) of conditions that require evacuation of the Abutting Building to avoid injuries or loss of life to the Lessee's employees, have the Lessees immediately notify the Respondent of any changed conditions observed in the basement wall of the Abutting Building, not allow the Lessee's employees to occupy the Abutting Building if the building is evacuated until such time as the condition that led to the evacuation is satisfactorily addressed, provide a copy of the Agreement to the Lessees, provide a copy of the Agreement to the subsequent owner of the dam and record the Agreement in the land evidence records.

July 19, 2013 - Hazardous Waste File No. 2010-66 HW re: Symmetry International, Inc. and Lance Industries, Inc. for a facility located at 55 Industrial Circle in the town of Lincoln. The facility is used for the fabrication, design, manufacture, marketing and distribution of foam products. The Respondents are registered with RIDEM as a small quantity hazardous waste generator at the facility. On October 26, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents 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 Respondents' failure to determine if the waste generated onsite meets the definition of hazardous waste. The OC&I inspected the facility on August 2, 2011. The inspection revealed fifty-six 55-gallon containers, sixty-four 5-gallon containers, twenty-eight 1-gallon containers and one 30-gallon container stored inside the facility. The containers were identified by the plant manager as holding chemical wastes (in the form of flammable liquids including waste paints, lacquer thinner, resins, epoxies, and coating solutions); however, the Respondents had not determined whether the waste was hazardous waste. In the NOV, the OC&I ordered the Respondents to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $25,314.00. 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 Respondent executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay an administrative penalty of $18,000.00 in twenty two payments. The first payment of $1,200.00 was paid upon execution of the Agreement. The remaining payments shall be $800.00 each and shall be paid each month for twenty one consecutive months.

July 19, 2013 - Air File No. 13-01 re: DSM NeoResins, Inc. for a facility located at 199 Amaral Street in the city of East Providence. On May 4, 2009 the RIDEM issued a permit to the Respondent. The permit requires the Respondent to limit emissions of triethylamine to the atmosphere to 0.15 pounds per hour. On February 5, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the Respondent's failure to comply with its permit. On October 23, 2012, the RIDEM received a letter from the Respondent. The letter stated a rupture disc on one of its reactors burst, which caused a release of triethylamine on July 24, 2012 that exceeded the maximum hourly limit of 0.15 pounds per hour. The Respondent determined the root cause of the ruptured disc was operator error. In the NOV, the OC&I assessed an administrative penalty of $8,500.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent paid a reduced penalty of $2,500.00 to the OC&I to fully resolve the NOV.

July 19, 2013 - Air File No. 13-04 re: Narragansett Bay Commission for facilities associated with wastewater treatment at Central Avenue in the town of Johnston (Central Avenue facility) and South Street/Davol Square (South Street facility), Promenade Street (Promenade Street facility) and India Street (India Street facility) in the city of Providence. On April 12, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of an emergency generator at each facility without a permit from the RIDEM. On February 18, 2013, the RIDEM received a letter from the Respondent. The letter included the following information: a 74 horsepower (HP) natural gas fired emergency generator with a maximum heat input capacity of 980,000 British thermal units per hour (BTU/hr) was installed in May 2010 at the Central Avenue facility; a 54 HP diesel fired emergency generator with a maximum heat input capacity of 530,000 BTU/hr was installed in December 2007 at the South Street facility; a 168 HP diesel fired emergency generator with a maximum heat input capacity of 1,640,000 BTU/hr was installed in July 2010 at the Promenade Street facility; and a 54 HP diesel fired emergency generator with a maximum heat input capacity of 1,990,000 BTU/hr was installed in December 2007 at the India Street facility. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&I ordered the Respondent to submit minor source permit applications for each emergency generator. The OC&I assessed an administrative penalty of $10,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent paid a reduced penalty of $3,000.00 to the OC&I to fully resolve the NOV.

July 25, 2013 - Water Pollution File No. WP 12-9 and WP 10-049 re: Rhode Island Recycled Metals, LLC and ACR Realty LLC for property located at 434 Allens Avenue, Assessor's Plat 47, Lot 601 and 444 Allens Avenue, Assessor's Plat 55, Lot 10 in the city of Providence. A business engaged in the recycling of metal operates at the property (the facility). ACR Realty LLC owns the property. Rhode Island Recycled Metals LLC (RIRM) operates the facility. On September 14, 2011, the RIDEM issued a permit to the Respondents. The permit authorized the discharge of storm water from the facility for the following activities: collect, trade, broker and process metals from industrial manufacturers, auto salvage facilities, metal dealers and individuals and accept decommissioned derelict vessels, portions of which may be brought ashore for disassembly. The permit required the Respondents to construct specific stormwater controls prior to commencing the activities. On May 7, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System, and RIDEM's Oil Pollution Control Regulations. The violations pertained to the following: in water dismantling of vessels and placement of fill into the waters of the State without a permit from the RIDEM; discharge of storm water runoff by conducting activities not authorized by the permit (involving vehicle crushing and engine removal and storage) and failing to construct the storm water controls required pursuant to the permit; and failure to submit accurate information on an application to RIDEM. In the NOV, the OC&I ordered the Respondents to immediately take the following actions: cease receiving any additional derelict vessels for dismantling; cease receiving any scrap metal and vehicles; cease releasing oil/petroleum to the land; and cease equipment repair and maintenance, vehicle crushing, and vehicle engine removal and storage. The NOV ordered that no derelict vessels be received until RIRM obtains all required permits from RIDEM and that no scrap metal or vehicles be received until RIRM complies with the ordered actions in the NOV. The NOV also ordered the Respondents to remove all scrap metal, engines and vehicles, remove and properly dispose of all oil released to the land, clean and sweep the facility yard, complete the construction of the storm water controls required by the permit, complete the dismantling of the derelict vessels and remove the unauthorized fill from the Providence River, all in accordance with various deadlines. The OC&I assessed an administrative penalty of $46,250.00. The Respondents filed an appeal of the NOV with AAD. The Respondents took several short terms measures to address some of the issues raised in the NOV (Short Term Mitigative Measures) as follows: ceased receiving any additional derelict vessels for dismantling; constructed a temporary dismantling/storage area that has a concrete base and canvas cover (Dismantling/Storage Area); performed removal of engine vehicles and fluids and storage of vehicle engines only in the Dismantling/Storage Area; and crushed vehicles using a crusher equipped with a fluid collection system that prevents any release of fluids to the ground. On September 4, 2012 the Respondents submitted to the RIDEM applications for authorization of storm water discharges associated with industrial activity and construction activity from the property. On May 2, 2013 RIDEM authorized coverage under the Multi Sector General Permit (MSGP) to discharge stormwater associated with industrial activity. On May 3, 2013 RIDEM authorized coverage under the General Permit for Construction Activity through the issuance of a Water Quality Certificate (WQC) to construct the stormwater controls. 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 the following terms: maintain the Short Term Mitigative Measures until the Respondents are in full compliance with the Agreement; comply at all times with the WQC; complete all work required under the WQC by September 30, 2014; comply with the MSGP upon completion of all construction work, except as it pertains to the monitoring frequency, which was increased from quarterly to monthly sampling beginning on October 1, 2014 and continuing for 1 year; and submit a report to RIDEM by January 15, 2016 that includes the results of the monitoring, a detailed review of all stormwater controls, and the compliance evaluation report required under the MSGP along with any proposed changes to the storm water system. The report is subject to RIDEM's review and approval and the Respondents agreed to complete any work required to structural controls in accordance with the schedule approved by RIDEM. The Respondents also agreed to commence removal of the four derelict vessels in the Providence River, which are the sunken submarine Juliet, the sunken tug boat Akron, a ferry, and a barge, by November 1, 2013 and complete removal of the derelict vessels by September 30 , 2014. By December 31, 2014 the Respondents further agreed to restore the shoreline of the Providence River in the area that was regraded/filled to access the derelict vessels to the condition that previously existed in 2009. Lastly, the Respondents agreed to pay an administrative penalty of $33,750.00. The Respondents agreed to pay $25,000.00 in cash in five consecutive monthly payments of $5,000.00. The first payment was paid upon execution of the Agreement. The OC&I agreed to give the Respondents a credit of $8,750.00 for a Supplemental Environmental Project (SEP). The SEP involves the installation of a SEDA vehicle decommissioning system at an approximate cost of $78,200.00, which is being installed as part of the storm water control system. The SEDA system will allow the Respondents to capture and recycle or dispose of all fluids from the vehicles prior to crushing and shredding.

July 26, 2013 - OWTS File CI 11-97 re: Jon H. Schuman and Diane A. Schuman for property located at 84 Reservoir Road, Assessor's Parcel ID No. 0043-015.112 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondents. On November 23, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the plumbing for the dwelling to the town's sewerage system (if sewers will be available within one year) or repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,200.00. The Respondents did not file an appeal of the NOV with AAD and fully complied with the NOV, including full payment of the administrative penalty.

July 26, 2013 - Medical Waste File No. 2008 2846 SW and SW 09-01 re: Health Resources of Warwick, Inc. and Warwick Associates of Rhode Island, L.P. for a property located at 660 Commonwealth Avenue in the city of Warwick. The property includes a nursing home that operates under the fictitious name of Kent Regency. Warwick Associates of Rhode Island, L.P. is the owner of the property, and Health Resources of Warwick, Inc. is the operator of the facility. On August 17, 2009 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island. The violations pertained to the failure to place regulated medical waste in suitable containers at the point of origin, failure to properly dispose of the medical waste, and storage of medical waste in excess of fifty (50) pounds. On October 22, 2008 OC&I was informed by the Resource Recovery Corporation (RRC) that medical waste from the facility was received at the RRC landfill in Johnston. On November 6, 2008 OC&I inspected the facility and documented the violations. At the time of the inspection the OC&I inspector advised the Respondents of the violations and the actions necessary to correct the violations. In the NOV, OC&I ordered the Respondents to take specific actions to correct the violations and assessed an administrative penalty of $8,750.00. The Respondents failed to file an appeal of the NOV with AAD. The Respondents complied with the Order section of the NOV. In lieu of forwarding the matter to a collection agency for the administrative penalty, the Respondents paid a reduced penalty of $6,000.00 to the OC&I to fully resolve the NOV.

Superior Court Actions Issued:

July 9, 2013 - Oil Pollution Control File No. 2007 441 OPC and Superior Court File No. PC 13-3362 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Cory's Petroleum, Inc. for two different properties located at 45 Oakwood Drive, Assessor's Plat 49, Lot 80 in the town of Scituate (Scituate Property) and 19 St. James Lane, Assessor's Plat 18, Lot 146 in the town of Glocester (Glocester Property). Keith R. and Stephanie A. Parker own the Scituate Property, and Robert B. Kelman owns the Glocester Property. The Defendant is in the business of distributing fuel oil. On June 19, 2008 the OC&I issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Oil Pollution Control Act and the RIDEM's Oil Pollution Control Regulations. The violations pertained to the Defendant's release of fuel oil at the Scituate Property and the Glocester Property and its failure to properly cleanup the oil and report the releases to the RIDEM. On or about 12 March 2007 the Scituate Fire Department, following notification from the property owners, notified the RIDEM that an oil spill had taken place on the Scituate Property. RIDEM investigated the matter and determined that the Defendant delivered No. 2 heating oil to the Scituate Property on 6 March 2007 and that approximately 45 gallons of oil was released onto the surface of the ground. The Defendant did commence clean up of the Scituate Property on 14 March 2007 but then ceased all cleanup activities after Defendant's driver claimed that he did not cause the release/spill. Approximately 60 - 70 tons of oil spill cleanup debris was left on the Scituate Property. The Defendant's clean up contractor obtained groundwater samples from the drinking water wells installed on the Scituate Property and an abutting property at 41 Oakwood Drive in Scituate but failed to submit a copy of the laboratory's analytical report to the RIDEM. The owner of the Scituate Property hired a consultant/contractor to complete the removal of all oil- contaminated soil from the property. On or about 22 June 2007, the owner of the Glocester Property notified the RIDEM that an oil spill had taken place on the Glocester Property. The RIDEM investigated the matter and determined that the Respondent delivered oil to the Glocester Property on 13 June 2007 and overfilled the aboveground storage tank installed on the property. An unknown quantity of oil was released to the ground in and around the fill and vent pipes associated with the aboveground tank, onto a wooden deck, and approximately three gallons of oil was released to the basement of the home on the property. The owner of the Glocester Property completed the clean up of oil from the basement of the home on the property. The removal of oil-contaminated soil has yet to take place from the Glocester Property. In the NOV, the OC&I ordered the Defendant to remediate the oil spill release at the Glocester Property. The OC&I assessed an administrative penalty of $12,437.66. The Defendant filed an appeal of the NOV with AAD. On October 12, 2010 and October 13, 2010 an administrative hearing was held at AAD. On August 3, 2011 the AAD hearing officer issued a Decision and Order (Decision) upholding the NOV and ordering the Defendant to comply with the Order section of the NOV and pay the administrative penalty of $12,437.66. Defendant failed to file an appeal of the Decision with the Superior Court and failed to comply with the Decision. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the Decision.

July 18, 2013 - UST File No. 06-00317 and Superior Court File No. PC 13-3540 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Dib Tannous d/b/a Magic Realty, LLC and Magic Gas, Inc. for property located at 1885 Mineral Spring Avenue, Assessor's Plat 21A, Lot 853 in the town of North Providence. The property is currently operated as an automobile service station (facility). The facility includes three gasoline underground storage tanks (USTs), two of which are 10,000-gallons and the other that is 6,000-gallons. The facility is identified by the RIDEM as UST facility #00317. Defendant Magic Realty, LLC is listed as the current owner of the property; however, the corporate charter for Magic Realty, LLC was revoked by the Secretary of State on October 3, 2006. Defendant Tannous continues to maintain and pay municipal property taxes for the property doing business as "Magic Realty, LLC". Defendant Magic Gas, Inc. is the current operator of the facility. On April 17, 2006 the OC&I issued an NOV to Defendant Tannous and Magic Realty LLC alleging that the Defendant was in violation of 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: complete a transfer of certificate of registration form to the RIDEM; maintain the impressed current cathodic protection system for the USTs; perform an operational survey of the impressed current cathodic protection system during the years 2001 and 2003; inspect the impressed current cathodic protection system to ensure proper operation at least once every 60 days from April 2002 through December 2005; perform tightness testing of the USTs during the years 2001 and 2003; test the line leak detectors for the USTs during the years 2001, 2002 and 2003; test the shear valves to ensure proper operation at least once per year during the years 2002, 2003 and 2004; maintain and check the alarm status of the continuous monitoring system (CMS) and investigate the alarm status reporting problems with the CMS and facility operation; perform monthly testing of the CMS from December 2002 through December 2005 and annual testing of the CMS for the years 2001 through 2004 and maintain spill containment basins at the facility. In the NOV, the OC&I ordered the Defendant to achieve compliance with the RIDEM's UST Regulations and assessed a penalty in the amount of $28,082.00. Defendant Tannous failed to file an appeal of the NOV with AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to comply with the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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