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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > July 2000 Summary
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June 2000 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of June 2000. 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 Sally Spadaro at 401-222-4700 ext. 2426. Requests for file reviews should be addressed to Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

June 7, 2000 - OC&I/UST File No. 00-00345 re: Ralph Bianco, III, Ralph Bianco, Theresa Bianco, and Ralph & Son, Inc. for property located at 724 Elmwood Avenue, Assessor's Plat 60, lot 20, Providence. The OC&I alleges that the Respondents violated sections of RIDEM's Underground Storage tank ("UST") Regulations pertaining to: corrosion protection upgrade requirements for UST facilities; precision testing requirements; installation of spill containment basins; installation of overfill protection; and verification of upgrades. The OC&I ordered compliance with the regulations and assessed a penalty of $49,260.00. The Respondents have appealed the NOV to the AAD.

June 7, 2000 - OC&I/UST File No. 00-00401 re: First Student, Inc. a/k/a Ryder Student Transportation Services, Inc. for property located at 25 Railroad Street, Assessor's Plat 4, lot 435, North Smithfield. The OC&I alleges that the Respondent violated sections of RIDEM's UST Regulations pertaining to: precision testing requirements; installation of overfill protection; verification of upgrade; and maintenance of written inventory records. The OC&I ordered compliance with the regulations and assessed a penalty of $10,140.00. The Respondent has appealed the NOV to the AAD.

June 14, 2000 - OC&I/SEPTIC SYSTEM File No. CI-196-10 re: Robert DeMello d/b/a RDM Realty, Inc. for property located at 1070 Crandall Road, Assessor's Block 131, Card 12A, Tiverton. The OC&I alleges that the Respondent violated sections of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). This consisted of allowing sewage to discharge to the surface of the ground from the septic system on the property; pumping sewage to another portion of the property; and failing to obtain a permit to alter a septic system. The OC&I assessed a penalty of $5,000.00. The OC&I previously issued a NOV to the Respondent for this property on May 4, 2000 for similar violations, issued orders to comply with the regulations and assessed a penalty of $7,000.00. The OC&I subsequently found the Respondent owned this property only up until May 29, 1998. The May 4, 2000 NOV was rescinded and had been replaced with this NOV. This NOV has been modified to address violations up to the time ownership changed. The Respondent has not appealed the NOV to the AAD.

June 14, 2000 - OC&I/SEPTIC SYSTEM File No. CI-196-10 re: Mark and Cheryl DeMello for property located at 1070 Crandall Road, Assessor's Block 131, Card 12A, Tiverton. The OC&I alleges that the Respondents violated sections of RIDEM's ISDS Regulations that prohibit the installation, construction, alteration or repair of an ISDS without a permit from the RIDEM and require that a dwelling from which sanitary sewage is produced be provided with an ISDS of type and design approved by the RIDEM. The OC&I ordered the Respondent to: remove a portable pump and hose from the system; cease further use of the portable pump to pump sewage from the system; immediately have the system pumped by a registered septage hauler; continue such pumping until the system is repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system to be completed within 90 days. The OC&I assessed a penalty of $3,000.00. The Respondents have appealed the NOV to the AAD.

June 14, 2000 - OC&I/UST File No. 99-01602 re: Arthur Ogni, Gloria Ogni and Arthur Ogni, Jr. for property located at 326 Central Avenue, Assessor's Plat 8A, lot 353, Pawtucket. On April 30, 1999, the OC&I issued a NOV to Respondents Arthur and Gloria Ogni alleging Respondents violated sections of RIDEM's UST Regulations pertaining to: mandatory upgrade requirements for UST facilities; precision testing requirements and written test results; installation of spill containment basins; installation of overfill protection; maintenance of daily written inventory records and access to such records; investigation of suspected releases; and abandonment of UST systems. The OC&I ordered compliance with the regulations and assessed a penalty of $92,750.00. During AAD proceedings on the NOV, OC&I learned that Respondent Arthur Ogni, Jr. took over operation of the facility approximately 4 years ago. The NOV was amended to include Arthur Ogni, Jr.

June 30, 2000 - OC&I/UST File No. 00-02777 re: J Line, Inc. and Charles E. Werchadlo for property located at 370 Wampanoag Trail, Assessor's Map 509, Block 3, Parcel 3, East Providence. The OC&I alleges that the Respondent violated sections of RIDEM's UST Regulations pertaining to: corrosion protection upgrade requirements for UST facilities; precision testing requirements; installation of spill containment basins; installation of overfill protection and submission of written verification. The OC&I ordered compliance with the regulations and assessed a penalty of $28,770.00.

Formal Enforcement Cases - Settled or Resolved

June 27, 2000 - OC&I/RCRA File No. 99-024 re: The Okonite Company located at 111 Martin Street, Assessor's Plat 34, Lots 138 and 247, Cumberland. The OC&I issued a NOV to Respondent on September 20, 1999 alleging violations of Rhode Island's Hazardous Waste Management Act and State and Federal regulations pertaining to Hazardous Waste Management. The violations related to disposal of hazardous waste, dating accumulation periods on hazardous waste containers, proper labeling of hazardous waste containers, weekly inspections of hazardous waste storage areas, ensuring containers are closed during storage, and handling of containers so as to prevent rupture or leak. The OC&I ordered compliance with the law/regulations and assessed a penalty of$13,676.00. The Respondent and the OC&I executed a consent agreement wherein it was acknowledged that the Respondent has fully complied with the orders set forth in the NOV. The Respondent agreed to and has paid a penalty in the amount of $10,976.00.

June 28, 2000 - OC&I/RCRA File No. 99-022 re: Regal Plating Co. located at 85 South Street, Providence. The OC&I issued a NOV to Respondent on September 30, 1999 alleging violations of Rhode Island's Hazardous Waste Management Act and State and Federal regulations pertaining to Hazardous Waste Management. The violations related to improper labeling of hazardous waste containers, failure to keep hazardous waste containers closed, failure to maintain a hazardous waste contingency plan, requirements to document training for company personnel handling hazardous waste and requirements to submit a list of authorized manifest signers. The OC&I ordered compliance with the law/regulations and assessed a penalty of $23,320.00. The Respondent and the OC&I executed a consent agreement wherein it was acknowledged that the Respondent has fully complied with the orders set forth in the NOV. The Respondent agreed to and has paid a penalty in the amount of $18,108.00.

June 28, 2000 - OC&I/WETLANDS File No. C22623 re: Joseph Iaciofano for property located west of poles 29 and 30 on Charles Street (route 246) south of the junction of Woodward Road and Old Louisquisset Pike, Assessor's Plat 23C, Lot 759, North Providence. On September 9, 1988, the RIDEM issued a NOV to Respondent alleging violations of the Freshwater Wetlands Act. The RIDEM ordered corrective actions and assessed an administrative penalty. The Respondent contested the NOV to AAD. On March 5, 1993 the director issued a Final Agency Decision and Order requiring the Respondent to restore certain altered wetlands on the site and to pay a penalty of $2,250.00. The Respondent filed an appeal of the final order to the Superior Court. To resolve the case, the Respondent and the OC&I executed a Consent Order whereby the Respondent agrees amongst other things to restore the wetlands by August 31, 2000 and to pay a penalty of $2,250.00.

June 30, 2000 - OC&I/UST File No. 99-00502, AAD No.00-012/WME re: Concord Oil of Newport, Inc. for property located at 10 J.T.Connell Memorial Road, Assessor's Plat 19, Lot 12, Newport. The OC&I issued a NOV to the Respondent on February 4, 2000 alleging violations of RIDEM's UST Regulations pertaining to precision testing and record keeping requirements. The OC&I assessed a penalty of $6,200.00. The Respondent and the OC&I executed a consent agreement wherein it was acknowledged that the Respondent was able to show compliance with some precision testing for certain years but was unable to show full compliance for testing of 4 tanks for 3 years. The Respondent has agreed to and has paid a penalty of $3,200.00.


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