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 > June 2001 Summary

 
June 2001 Enforcement Action Summary

Actions Issued
Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of June 2001. 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:

June 4, 2001 - OC&I/WETLANDS File No. C00-0573 re: Mark Bard, Frederick Ingalls and Karen Ingalls for property located immediately west of Pound Road, approximately 600 feet southwest of the intersection of Hesspar Road and Pound Road, opposite utility pole number 21, otherwise identified as Assessor's Plat 80, Lot 5 in the Town of Westerly. The OC& I alleges that the Respondents violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by constructing a portion of a garage and a single family house and a boulder retaining wall, with associated filling and clearing. The unauthorized activity is within Perimeter Wetland and 100-year Floodplain. These activities resulted in the unauthorized alteration of approximately 1,800 square feet of Wetland and were in nonconformance with a permit that was issued by DEM to the Respondents. The permit required that all construction activity occur outside the Perimeter Wetland. The Respondents were ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. A penalty of $4,600 was assessed, jointly and severally, against each named Respondent.

June 4, 2001 - OC&I/Wetlands File No. C00-0325 re: Michael E. Langford for property located at 36 Acres of Pine Road, otherwise identified as Assessor's Plat 318, Lots 49 and 50 in the Town or Coventry. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing and filling within Perimeter Wetland for the purpose of installing a boat ramp and beach area, and constructing a concrete pad and dock within a Pond. These activities resulted in the unauthorized alteration of approximately 1380 square feet of wetland. The Respondent was previously cited by OC & I for violations of the Freshwater Wetlands Act within this same Perimeter Wetland in 1996 and was required to restore the wetland. The Respondent failed to complete the required restoration work and continued to alter wetlands after being notified by OC & I that the work being performed was in violation of the Act. The Respondent was ordered to cease and desist from further alterations of wetland and restore the wetland that was altered. A penalty of $5,000 was assessed against the Respondent.

June 5, 2001 - OC& I/License No. L0734 Septic System File No. CI00-193 re: James Cawley for property located at 121 Greene Lane, Assessor's Plat 105, Lot 15B in the Town of Middletown. The OC & I alleges that the Respondent violated Rhode Island General Laws, Section 5-56-1 relating to requirements for licensed septic system installers and Section SD 2.01(a) of the Rules and Regulations Establishing Minimum Standards relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violations pertain to altering and repairing an existing septic system without approval from the Director. OC & I issued a Notice of Intent to Suspend or Revoke the Respondent's license on November 24, 2000 and afforded the Respondent an opportunity to meet with OC & I to explain what occurred and show that he had complied with all lawful requirements. The Respondent received the Notice, but did not request an opportunity to meet with OC & I. The OC& I ordered that License No. L0734 issued to the Respondent be revoked. A penalty in the amount of $1,000 was assessed against the Respondent.

June 13, 2001 - OC&I/Septic System File No. C199-267 re: Gino Costantino for property located at 1A Snagwood Drive, Assessor's Plat 13, Lot 27 in the Town of Foster. The OC& I alleges that the Respondent violated DEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property for at least 1 1/2 years. The OC & I issued Notice's of Intent to Enforce ("NOI") to the Respondent in December 1999 and June 2000, but the Respondent failed to comply with the NOIs. The OC& I ordered the Respondent to immediately have the system pumped by a licensed 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. A penalty of $3,000 was assessed against the Respondent.

June 14, 2001 - OC&I/Water File No. 97-272 re: Elmwal Associates, LLC for property located at Long Wharf Mall (also known as Long Wharf Mall North), Assessor's Plat 17, Lot 332 in the City of Newport. The OC & I alleges that the Respondent is violating Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations by continuously discharging sanitary sewage from the property to Newport Harbor through the city's stormwater drainage system. OC&I issued a Notice of Intent to Enforce (NOI) to the prior owners of the property in November 1998 for the violation and required that the sewage discharge cease. The Property was transferred to the Respondent on July 14, 1999. The Respondent purchased the property with full knowledge of the NOI, but failed to comply with the requirements of the NOI. The Respondent was ordered to connect the sewerage system for the property to the city's sewerage system. A penalty of $55,000 was assessed against the Respondent.

June 14, 2001 - OC&I/Water File No. 97-272 re CIC-Newport Associates for property located at Long Wharf Mall (also known as Long Wharf Mall South), Assessor's Plat 24 Lot 339 in the City of Newport. The OC & I alleges that the Respondent is violating Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations by continuously discharging sanitary sewage from the property to Newport Harbor through the city's stormwater drainage system. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent in February 2000 for the violations and required that the sewage discharge cease, but the Respondent has failed to comply with the NOI. The OC&I ordered the Respondent to connect the sewerage system for the property to the city's sewerage system. A penalty of $105,000 was assessed against the Respondent.

June 14, 2001- OC& I/Septic System File No. CI00-193 re: Shannon Associates for property located at 121 Greene Lane, Assessor's Plat 105, Lot 15B in the Town of Middletown. The OC & I alleges that the Respondent violated RIDEM's ISDS Regulations by allowing the septic system at the property to be altered without approval. The OC & I issued a Notice of Intent to Enforce (NOI) to the Respondent in July 2000, but the Respondent failed to comply with the NOI. The OC& I ordered the Respondent to submit an application to the DEM to properly repair the septic system and complete all work associated with the approval within 120 days. A penalty of $1,000 was assessed against the Respondent.

June 15, 2001 - OC&I/Solid Waste File No. 01-044 re: Harry F. and Marie D. Trombley for property located at 305 Franklin Road, Assessor's Plat 322, Lot 54.5 in the Town of Coventry. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act by accumulating or depositing approximately 400 cubic yards of solid waste on their property. The waste consists of 55-gallon drums, unregistered vehicles, scrap metal; fuel tanks, tree and wood waste and other mixed solid waste. Initial inspections found approximately 257 cubic yards of waste. The OC&I issued an informal enforcement action on November 30, 1999 informing the Respondents of the violations and requiring removal of the solid waste within 90 days of receipt of the letter. Follow up inspections revealed minimal clean up of the original waste observed and an increase of waste to approximately 400 cubic yards. The OC&I ordered clean up and removal of the solid waste and assessed a penalty of $2,500.00.

June 15, 2001 - OC&I/UST File No. 01-PROV re: The City of Providence and UST Facility Nos. 01336, 03114, 03137, 03260, 03261, 03262, 03263, 03264, 03265, 03266, 03267, 03268, 03269, 03270, 03271, 03272, 18715, 18716, 18717, 18718, 18720, 18725, and 18726. The OC&I issued a NOV to the City of Providence for violations of the UST regulations by failing to properly operate and maintain underground storage tanks containing gasoline, diesel fuel, and waste oil at 23 municipal facilities. The violations pertain to operating 16 underground storage tanks without the required corrosion protection upgrades; failing to perform precision testing on 16 tanks from 1990-1999; failing to install spill containment basins and submit written verification for 32 tanks; and failing to install overfill protection and submit written verification for 16 tanks. The NOV also cites the City with maintaining abandoned tanks at 14 of its facilities.

The City has been immediately ordered to temporarily close the underground storage tanks that do not have corrosion protection, as well as the abandoned tanks that have not been permanently closed. Written documentation verifying the temporary closure of these tanks must be submitted to DEM within 15 days. By July 15 the City must submit a permanent closure application to DEM for the tanks that have not been permanently closed, and must submit a UST Closure Assessment Report to DEM for each of the tanks identified in the violation notice within 30 days of the its removal. Also, within 30 days, the City must provide DEM with all precision testing results for each of the tanks identified in the violation notice, and written verification of the installation of spill containment basins. The City must properly label the fill pipes for all of the underground storage tanks remaining at each of the subject facilities to identify the product stored. In addition to the order, the OC&I assessed a penalty in the amount of $301,580.00. The Respondent has appealed the NOV to the AAD. Negotiations to resolve the NOV through settlement are underway.

June 20, 2001 - OC&I/WETLANDS File No. C01-0027 re: R & K Building Corporation for property located north of Congress Street and immediately northwest of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 268 in the City of Woonsocket. The OC& I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by clearing, filling, grading, and installing a rock wall within a Forested Wetland. The activities resulted in the unauthorized alteration of 4,400 square feet of wetland and are in non-conformance with a permit that was issued to the Respondent. The permit required that all construction activity occur outside the Forested Wetland. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,800 was assessed against the Respondent.

June 20, 2001 - OC&I/WETLANDS File No. C01-0028 re: Aylsworth Realty Corporation for property located immediately north of Congress Street and immediately northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 376, in the City of Woonsocket. The OC& I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by excavating, filling, grading, and constructing a wall within a Intermittent Stream and clearing, filling, grading, and constructing a rock wall within Riverbank Wetland. The activities resulted in the unauthorized alteration of 150 linear feet of Intermittent Stream and 7,200 square feet of Riverbank Wetland. The activities are in non-conformance with a permit that was issued to the Respondent that required all construction activity occurring outside the Intermittent Stream and Riverbank Wetland. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $2,600 was assessed against the Respondent.

June 20, 2001 - OC&I/WETLANDS File No. C01-0029 re: Aylsworth Realty Corporation for property located immediately north of Congress Street and approximately 110 feet northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 377, in the City of Woonsocket. The OC& I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by clearing, filling, and grading within Riverbank Wetland. The activities resulted in the unauthorized alteration of 2,400 square feet of Riverbank Wetland and are in non-conformance with a permit that was issued to the Respondent. The permit required that all construction activity occur outside the Riverbank Wetland. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,800 was assessed against the Respondent.

June 20, 2001 - OC&I/WETLANDS File No. C01-0030 re: Aylsworth Realty Corporation for property located immediately north of Congress Street and approximately 190 feet northeast of the intersection of Congress Street and Vineyard Street, Assessor's Plat 49, Lot 378, in the City of Woonsocket. The OC& I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by clearing and grading within Riverbank Wetland. The activities resulted in the unauthorized alteration of 600 square feet of Riverbank Wetland and are in non-conformance with a permit that was issued to the Respondent. The permit required that all construction activity occur outside the Riverbank Wetland. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,600 was assessed against the Respondent.

June 20, 2001 - OC&I/WETLANDS File No. C01-0031 re: R & K Building Corporation for property located north of Congress Street and immediately west of Vineyard Street and approximately 115 feet north of the intersection of Vineyard Street and Congress Street, Assessor's Plat 49, Lot 76 in the City of Woonsocket. The OC& I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by clearing, creating soil disturbance, and grading within a Riverbank Wetland. The activities resulted in the unauthorized alteration of 450 square feet of wetland and are in non-conformance with a permit issued to the Respondent. The permit required that all construction activity occur outside the Riverbank Wetland. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,600 was assessed against the Respondent.

June 20, 2001 - OC&I/WETLANDS File No. C01-0032 re: R & K Building Corporation for property located immediately east of Vineyard Street and approximate 125 feet northeast of Vineyard Street and Congress, Assessor's Plat 49, Lot 21 in the City of Woonsocket. The OC& I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by clearing, filling, excavating, relocating a driveway, constructing a deck, and installing a culvert within Riverbank Wetland. The activities resulted in the unauthorized alteration of 4,380 square feet of wetland and are in non-conformance with a permit issued to the Respondent. The permit required that all construction activity occur outside the Forested Wetland. The Respondent was ordered to cease any further alteration of the wetlands and to restore all freshwater wetlands. A penalty in the amount of $1,900 was assessed against the Respondent.

Formal Enforcement Cases - Settled or Resolved

June 5, 2001 - OC&I/ AIR File No. 00-07 re: Stanley Fastening Systems, LP located at Briggs Drive in the Town of East Greenwich. On April 3, 2001, the OC&I issued an NOV to the Respondent alleging that on multiple occasions from 1993 through June 2000, the Respondent operated its manufacturing process in violation of Air Pollution Control Regulation No. 9 and its approved air pollution control permit. The violations pertained to operating its staple manufacturing process equipment that generates volatile organic compounds while bypassing its afterburner air pollution control equipment. The OC&I ordered compliance with the regulations and the Respondent's air pollution control permit. The OC&I assessed a penalty in the amount of $468,614.40. 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 wherein the Respondent agreed to meet certain compliance requirements and to pay a penalty in the amount of $283,814.40. A portion of the penalty ($83,814.40) was authorized to be in the form of a Supplemental Environmental Project ("SEP") developed in accordance with RIDEM's policy on SEPs. The Respondent has paid its cash penalty of $200,000.00 and has submitted a proposed SEP to the OC&I for consideration in accordance with the consent agreement.

June 6, 2001 - OC&I/Septic System File No. C197-16 re: Russell C & Marilyn Bizier for property located at 36 Pinehill Avenue, Assessor's Plat 50, Lot 52 in the Town of Johnston. On September 1, 1999 OC & I issued a NOV to the Respondents for allegedly violating 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 pertained to the overflow or spillage of sanitary sewage to the surface of the ground from the septic system at the property. The OC& I ordered the Respondent to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. The OC&I assessed a penalty of $3,000. The Respondents did not request a hearing on the NOV. The Respondents failed to repair the septic system or pay the penalty, and the DEM filed a lawsuit in Superior Court in May 2000. The Respondents were ordered by the Court to repair the septic system. The Respondents were found in contempt of Court for failing to comply with the Court Order and were fined $1,000. Thereafter, the Respondent's repaired the septic system and were ordered by the Court to pay an additional penalty of $1,500, which was paid to the DEM.

June 15, 2001 - OC&I/AIR/Lead Paint File No. 01-04 re: Gerald J. Puleo for property located at 35 Sheldon Street, in the City of Providence. The OC&I issued a NOV to the Respondent alleging that the Respondent violated Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to written notification prior to the removal of lead paint; covering of toys, play equipment and furnishings within 50 feet of the removal; installation of impenetrable material to prevent ground contamination; installation of vertical containment shrouds; use of a HEPA vacuum for machine sanding; and misting of exterior surfaces prior to manual scraping. The OC&I assessed a penalty of $3,250.00. Prior to the issuance of the NOV, the respondent cleaned the property of lead paint chip debris generated by the removal operation. 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 wherein the Respondent agreed to pay a penalty in the amount of $2,000.00 with an up-front payment of $380.00 and the remainder of the penalty to be paid in monthly installments.

June 19, 2001 - OC&I/UST File No. 00-00661 re: Manville Quarry, Inc. and property located off Manville Hill Road, Assessor's Plat 53, lot 1650, in the Town of Cumberland. On May 12, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated certain sections of RIDEM's Underground Storage Tank ("UST") Regulations pertaining to corrosion protection upgrade requirements for UST systems, failing to perform certain precision testing of specific USTs in certain years and failing to submit inventory records. The OC&I assessed a penalty of $14,550.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent resolved the NOV by consent agreement wherein it was acknowledged that the Respondent provided the OC&I with acceptable evidence of compliance for precision testing and maintenance of inventory records. All other compliance problems were resolved. The penalty was reduced to $1,000.00.


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