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 2008 Summary

 
June 2008 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 June 2008. 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.

Formal Enforcement Actions Issued:

June 2, 2008 - OC&I/AIR File No. 08 - 02 re: Covalence Specialty Adhesives LLC for property located at 51 Ballou Boulevard in the Town of Bristol. The Respondent is subject to RIDEM approvals to control volatile organic compound ("VOC") emissions from its facility during the production of pressure sensitive tape. The approvals issued to the Respondent contain design, construction and operating requirements; limitations on the coating/adhesive VOC content and application rate; requirements for operating, monitoring and stack testing; and other permit requirements. Condition No. 1 of the permit issued by RIDEM requires the Respondent to maintain a thermal oxidizer (afterburner) to control emissions of VOCs at a destruction efficiency rate of 98% minimum at all times. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 9.6.8 pertaining to its failure to comply with all conditions of Respondent's permit. As a result of a performance stack test conducted on 26 June 2007, the Respondent notified the RIDEM that the destruction efficiency rate achieved by Respondent during the stack test was 96.9%. Following a response to information requested of Respondent, the RIDEM determined that the Respondent continued to run its surface coating line(s) with adhesives containing VOCs without achieving the required 98% VOC destruction efficiency for approximately four months. In the NOV the OC&I ordered the Respondent to cease surface coating operations within 45 days until Respondent demonstrates to the RIDEM through performance stack testing that the Respondent's thermal oxidizer achieves a 98% VOC destruction efficiency. A penalty in the amount of $6,500.00 was assessed for Respondent's noncompliance.

June 4, 2008 - OC&I/Freshwater Wetlands File No. C05 - 0172 re: Paul E. Mastrobuono for property located approximately 60 feet south of Starline Drive at utility pole number 7 and approximately 1,000 feet south of the intersection of Starline Drive and Plainfield Pike, Assessor Plat 35, Lot 200, in the City of Cranston. The property is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (effective April 23, 1998). On March 6, 2001 the RIDEM Freshwater Wetlands Permitting Program ("FWPP") issued an Insignificant Alteration permit to the Respondent for land located adjacent to the property. The Swamp and Perimeter Wetland edges verified in the permit by the FWPP extended onto the property. On April 8, 2005 the Respondent submitted a Request for Preliminary Determination to the FWPP for the property. On June 1, 2005 the FWPP performed an inspection that revealed unauthorized alterations of freshwater wetlands on the property. On June 30, 2005 and August 11, 2005 OC&I performed inspections that revealed clearing, grading and filling (in the form of at least soil material, construction debris, and stones) within Swamp and Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 12,000 square feet of wetland. On October 11, 2005, OC&I issued a Notice of Intent to Enforce to the Respondent requiring restoration of the freshwater wetlands. Several meetings were held and proposals submitted to try to resolve the violation; however, the Respondent failed to present a proposal to restore the altered wetlands that was satisfactory to OC&I. In the NOV, the OC&I ordered the Respondent to restore all freshwater wetlands and assessed an administrative penalty of $1,750.00.

June 6, 2008 - OC&I/Freshwater Wetlands File No. C06 - 0251 re: Manuel D. and Ana M. Fialho for property located immediately north of the intersection of Luther Street and Woodcliffe Avenue, immediately northwest of Woodcliffe Avenue (left of house number 24), Assessor Plat 607, Lot 1.1, in the City of East Providence. The property is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (effective April 23, 1998). The Respondents reside on a parcel adjacent to the property that was the subject of a Freshwater Wetlands Applicability Determination No. 89-0030D ("Determination") on August 24, 1989. The Determination for proposed construction on Respondents' adjacent parcel was issued to a previous owner and was recorded in the East Providence Land Evidence Records. The wetland was illustrated on the approved plans associated with the Determination, and the Determination noted that a permit might be necessary for any additional alterations. On February 20, 2007 and March 27, 2007, OC&I performed inspections of the property that revealed Respondents had filled, cleared and graded within a Wetland Complex. The activity resulted in the unauthorized alteration of approximately 3,100 square feet of wetland. On April 11, 2007, the OC&I issued a Notice of Intent to Enforce to the Respondents requiring restoration of the freshwater wetland. Several meetings were held and letters sent to try to resolve the violation; however, the Respondents failed to submit a proposal to restore the altered wetlands. In the NOV, the OC&I ordered the Respondents to restore all freshwater wetlands and assessed an administrative penalty of $2,500.00.

June 12, 2008 - OC&I/Water Pollution File No. 2007 1295 WP and 07-0130 and OC&I/ISDS File No. CI 02-0225 re: CAPCO, Thomas L. Ford Trust, and Pasqua Realty Trust, Dave's Marketplace of Cumberland, Inc. and Rainha Construction Corp. for property located at 2077 Diamond Hill Road, Assessor's Plat 21, Lot 491 in the Town of Cumberland. The property is owned by CAPCO, Thomas L. Ford Trust, and Pasqua Realty Trust (collectively "CFP"). The property includes Dave's Marketplace, a Dunkin Donuts Restaurant, and a commercial 1 story building with multiple units. The wastewater for each building is treated by several individual sewage disposal systems located on the property. The OC&I alleges that Respondents CFP and Dave's Marketplace of Cumberland, Inc. ("DMC") are in violation of the Water Pollution Act and the RIDEM Water Quality Regulations, the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems January 2002, and Respondent Rainha Construction Corp. ("Rainha") is in violation of the ISDS Installer's Act, R.I.G.L. 5-56-1(a). The violations pertain to the discharge of sewage from one of the individual sewage disposal systems on the property into a storm water catch basin, the discharge of food waste and grease from Dave's Marketplace into a second storm water catch basin, and the unauthorized construction by an unlicensed person of a grease tank to accommodate waste from Dave's Marketplace that was connected to one of the individual sewage disposal systems on the property. On September 4, 2002 and October 22, 2002, OC&I performed inspections that revealed that sewage was discharging into a storm water catch basin on the property from one of the individual sewage disposal systems ("ISDS"). On February 4, 2003 OC&I issued a Notice of Intent to Enforce ("NOI") to Consolidated Charger Corporation, Trustee for Anthony Capodilupo, Emanuela Ford, and Pasqua Family Trust. The NOI required the Respondents to reduce the discharge of sewage to the ISDS (such as through the use of water conservation devices), arrange to have the ISDS pumped as needed to prevent overflows until the system was repaired, and to submit a proposal to resolve the violation. OC&I received several letters from 2003 through 2007 from Joseph Lamagna, an attorney representing the parties cited in the NOI, advising OC&I of the efforts by the parties to connect the plumbing from all the buildings to the town sewers. On August 29, 2007, OC&I received a complaint from the Town of Cumberland that a whitish liquid was discharging from the Town of Cumberland storm water drainage pipe located off of Alaska Street and into a stream. On August 29, 2007 and September 5, 2007, OC&I conducted inspections of the Town of Cumberland's storm drainage system on Ferncrest Drive and Alaska Street that revealed that sewage, including grease and food waste, was and/or had been discharged to the waters of the State from the property. On September 12, 2007, OC&I performed an inspection of the property that revealed that a 2,500 gallon grease tank had been installed by Rainha (on behalf of DMC) and connected to one of the ISDS on the property. The OC&I inspector spoke with John Rainha and Robert Fabiano, a representative of DMC. Mr. Rainha stated that he was not a licensed ISDS installer; however, he had worked with licensed ISDS installers in the past. Mr. Fabiano informed the inspector that, in response to complaints of odors, Rainha was hired to investigate the cause. Rainha's investigation revealed that a grease trap located in the front parking lot had an overflow pipe to one of the storm water catch basins on the property. The OC&I inspector was also informed that construction was underway to connect the plumbing for all the buildings to the town sewerage system. In the NOV, OC&I ordered Respondents CFP to retain a registered professional engineer to submit a report that includes an as-built drawing of the sanitary sewage system, certification that all septic tanks, grease tanks, pump tanks, holding tanks, concrete chambers and/or cesspools were properly abandoned and certification that all the storm drainage pipes on the property were inspected and that no illicit connections are present. OC&I assessed an administrative penalty totaling $26,800.00 distributed as follows: CFP - $12,500.00; CFP and DMC - $12,500.00; Rainha, CFP and DMC - $800.00; and Rainha - $1,000.00.

June 13, 2008 - OC&I/Site Remediation File No. 2007 - 598 SR re: Cardi Corporation ("Cardi") and the Rhode Island Department of Transportation ("RIDOT") for property located at 7 Rustic Hill Road in the Town of Glocester. The Town of Glocester is constructing a new middle school at the property. The RIDOT has under construction and re-location a portion of Interstate Route 195 ("I-195") in the City of Providence. Cardi is and has been working under contract for the RIDOT to carry out the road re-location and construction project. Because a portion of the I-195 project is taking place in an area historically used for industrial activities, RIDOT and the RIDEM entered into a Memorandum of Understanding (MOU) pertaining to the proper management and control of soils excavated during the project that are likely to be contaminated with hazardous materials. The MOU required the establishment of procedures for management of the potentially contaminated soils including, among other things, the on-site placement, treatment, control, and closure (capping in place) or offsite disposal of contaminated soils at a licensed facility. On January 13, 2005, the RIDEM issued a Conditional Approval to RIDOT for soil management associated with the I-195 project ("the soil management plan" or "SMP"). The SMP required RIDOT to notify all contractors and subcontractors working on the I-195 project of the specific requirements to properly manage all contaminated soils excavated during construction activities. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases ("the Remediation Regulations") and Rhode Island's Refuse Disposal Act. The violation pertains to the unauthorized removal of contaminated soil by Cardi from the I-195 project site in Providence and the deposition of the contaminated soil at the new middle school site at 7 Rustic Hill Road in the Town of Glocester. The OC&I became aware of the disposal as a result of a tip. Following investigation and sampling of deposited soil at the new Glocester middle school site, the OC&I determined that approximately 598 tons of soil contaminated with hazardous materials (consisting of semi-volatile compounds also known as polycyclic aromatic hydrocarbons) was deposited on the property. The contaminated soil covered an area of approximately 6,090 square feet. Following discussions with representatives from Cardi and the contractor in charge of construction of the new middle school, Cardi agreed and did remove approximately 20 truck loads of contaminated soil from the property and disposed of the contaminated soil at a licensed solid waste management facility. Cardi hired an environmental consultant to test the Glocester middle school property to confirm that all contaminated soil was removed. In the NOV, the OC&I assessed an administrative penalty in the amount of $251,546.00 for Respondents' noncompliance with the site remediation regulations, the refuse disposal act and the approved SMP.

June 16, 2008 - OC&I/UST File No. 2007 - 1439 US re: PG&B Realty, LLC and PG&B, Inc. for property located at 335 Providence Street, Assessor's Plat 253, Lot 29 in the City of Warwick. Respondent PG&B Realty, LLC is the owner of the property. Respondent PG&B, Inc. is the operator of a business on the property. The property contains three underground storage tanks ("USTs") holding 4,000-gallons of gasoline each. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondents' failure to submit a completed Environmental Results Program compliance certification form to RIDEM within the time frame specified by the Director; failure to conduct testing of the sacrificial anode UST cathodic protection system; failure to comply with the daily and monthly inventory control and record keeping requirements; failure to test the UST leak monitoring equipment at least once per month; failure to maintain spill containment basins; failure to maintain piping sumps; failure to meet the groundwater monitoring well construction and maintenance requirements; and failure to meet the annual groundwater evaluation requirements at UST facilities. OC&I notified the Respondents of their noncompliance in a Letter of Noncompliance issued on 23 November 2007 and a follow up letter issued to Respondents on 28 January 2008. As of the issuance of the NOV, the Respondents had not resolved the alleged violations. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed an administrative penalty of $10,018.00.

June 16, 2008 - OC&I/UST File No. 2007 - 1389 US re: Greenwich Bay Enterprises, Inc. for property located at 252 Second Point Road, Assessor's Plat 359, Lot 258 in the City of Warwick. The Respondent is the owner of the property and is the operator of a business on the property. The property contains one underground storage tank ("UST") holding 6,000-gallons of gasoline. 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 ("the UST Regulations"). The violations pertain to Respondent's failure to submit a completed Environmental Results Program compliance certification form to RIDEM within the time frame specified by the Director; failure to comply with the UST inventory control and record keeping requirements; failure to conduct periodic testing of the single-walled UST; failure to comply with the operation and maintenance requirements of leak monitoring devices, and failure to conduct monthly testing of the UST continuous leak monitoring system. OC&I notified the Respondent of its noncompliance in a Letter of Noncompliance issued on 23 November 2007 and a follow up letter issued on 28 January 2008. As of the issuance of the NOV, the Respondent had not resolved the alleged violations. In the NOV, OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed an administrative penalty of $7,414.00. June 16, 2008 - OC&I/UST File No. 2007 - 1508 US re: Mainland Petroleum RI, LLC and First Stop Food Mart, Inc. for property located at 1347 Post Road, Assessor's Plat 297, Lot 343 in the City of Warwick. Respondent Mainland Petroleum RI, LLC is the owner of the property. Respondent First Food Mart, Inc. is the operator of a business on the property. The property contains three underground storage tanks ("USTs"). Two of the USTs hold 6,000-gallons and 8,000-gallons of gasoline respectively. The other UST holds 6,000-gallons of diesel fuel. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondents' failure to submit a completed Environmental Results Program compliance certification form to RIDEM within the time frame specified by the Director; failure to comply with the operation and maintenance requirements for USTs and their cathodic protection systems; failure to conduct a survey, test, and inspect as required the impressed current cathodic UST protection system; failure to conduct monthly inventory reconciliation and leak checks for the USTs; failure to conduct tightness testing for the USTs; failure to maintain continuous electronic monitoring for the annular space between the primary piping and the secondary containment system for double-walled product pipelines; failure to comply with the operation and maintenance requirements of UST leak monitoring equipment; failure to test the UST leak monitoring equipment at least once per month; failure to maintain spill containment basins; failure to maintain piping sumps and failure to conduct annual groundwater evaluations at the UST facility. OC&I notified the Respondents of their noncompliance in a Letter of Noncompliance issued on 10 December 2007 and a follow up letter issued to Respondents on 13 February 2008. As of the issuance of the NOV, the Respondents had not resolved the alleged violations. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed an administrative penalty of $15,460.00.

June 19, 2008 - OC&I/Oil Pollution Control File No. 2007 441 OPC re: Cory's Petroleum, Inc. for two different properties located at 45 Oakwood Drive, Assessor's Plat 49, Lot 80 in the Town of Scituate ("the Scituate Property") and 19 St. James Lane, Assessor's Plat 18, Lot 146 in the Town of Glocester ("the Glocester Property"). Keith R. and Stephanie A. Parker own the Scituate Property, and Robert B. Kelman is the owner of the Glocester Property. The Respondent is in the business of distributing fuel oil. The OC&I alleges that the Respondent is in violation of the Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations. 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 Respondent 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 Respondent did commence clean up of the Scituate Property on 14 March 2007 but then ceased all cleanup activities after Respondent'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 Respondent'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 cited the Respondent for discharging oil into or upon the waters or land of the State, failing to immediately contain and remove oil and waste related material following a release of oil, failing to immediately notify the RIDEM that a release of oil had occurred, failing to submit laboratory analytical reports to the RIDEM within 30 days of sample collection, and failing to remove oil spill clean up debris within 30 days. On 27 July 2007, the OC&I issued a Notice of Intent to Enforce ("NOIE") to the Respondent that included the potential violations and set forth all remedial actions necessary for Respondent to comply with the law and regulations. The Respondent failed to respond to the NOIE. In the NOV, the OC&I ordered Respondent to remediate the oil spill release at the Glocester Property and assessed a penalty in the amount of $12,437.66 for Respondent's noncompliance with the law and regulations.

June 23, 2008 - OC&I/AIR File No. 08 - 04 re: Elio Lossini d/b/a Eli Metals Group for its facility located at 91 Hartford Avenue in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulation No. 14 entitled "Record Keeping and Reporting" and APC Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The Respondent operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene ("TCE") at the facility. TCE is a hazardous air pollutant, a volatile organic compound ("VOC"), and is a toxic chemical regulated by federal and state air pollution control regulations. An inspection of the facility by an inspector of the Office of Air Resources ("OAR") on 11 August 2005 revealed that the Respondent failed to comply with APC Regulation No. 14 when Respondent failed to report usage of VOCs for the years 1999, 2003 and 2004. On 23 August 2005, the OAR issued a Letter of Noncompliance ("LNC") to the Respondent requiring the Respondent to file its annual emission inventory forms for the years cited. The Respondent failed to comply with the requirements of the LNC. On 29 November 2005, an inspector from the OAR re-inspected the facility and determined that the Respondent remained in noncompliance with APC Regulation No. 14 and also observed multiple violations of APC Regulation No. 36 pertaining to equipment, monitoring, record keeping and reporting requirements for Respondent's degreaser. On or about 7 December 2005, the OAR issued a second LNC to the Respondent requiring compliance with the APC Regulations cited. On 28 September 2007, an inspector from the OAR inspected the facility and observed that the Respondent remained in noncompliance with APC Regulation Nos. 14 and 36. On 18 December 2007, the OAR issued a Notice of Alleged Violations ("NOAV") to the Respondent identifying all violations that were required to be corrected. As of the issuance of the NOV, the Respondent remained in noncompliance. In the NOV, the OC&I ordered the Respondent within 20 days of receipt of the NOV to either permanently shut down its degreaser or demonstrate to the OAR that the degreaser is fully compliant with all regulatory requirements. The OC&I also ordered the Respondent to prepare and submit all reports required under APC Regulation Nos. 14 and 36 to the OAR within 60 days. A penalty in the amount of $18,000.00 was assessed for Respondent's noncompliance with the regulations.

June 2008 Septic System Notices of Violation issued by the OC&I:

The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems January 2002. The violations pertain to the overflow of sewage from the individual sewage disposal system ("ISDS") that is located on the property to the surface of the ground. In each case OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent(s). The NOI required the Respondent(s) to take specific corrective actions to resolve the violation. In each case the Respondent(s) failed to comply with the requirements of the NOI. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS.

OC&I assessed the following administrative penalties against each named Respondent: Michael Ward and Tammie Brown ($800.00); Lil Bear, LLC ($2,000.00); Joseph Sarro ($800.00) and Gustavo Sanchez ($800.00).

June 4, 2008 - OC&I/Septic System File No. 2007 840 IS and CI07-0106 re: Michael Ward and Tammie Brown for property located at 29-31 Holden Street, Assessor's Plat 45, Lot 34 in the Town of Coventry. The Property includes a two family, four bedroom dwelling and is owned by the Respondents.

June 20, 2008 - OC&I/Septic System File No. 2007 1088 IS and CI99-0050 re: Lil Bear LLC for property located at 983 Main Road, Assessor's Plat 07-09, Lot 50-1 in the Town of Tiverton. The Property includes a commercial business (restaurant) and is owned by the Respondent.

June 26, 2008 - OC&I/Septic System File No. 2007 1417 IS and CI07-0185 re: Joseph Sarro for property located at 47 Belvedere Street, Assessor's Plat 48, Lot 120 in the Town of Johnston. The Property includes a one family, three bedroom dwelling and is owned by the Respondent.

June 30, 2008 - OC&I/Septic System File No. 2008 2254 IS and CI06-0203 re: Gustavo Sanchez for property located at 1636 Smith Street, Assessor's Map 16, Lot 900 in the Town of North Providence. The Property includes a one family, six bedroom dwelling and is owned by the Respondent.

Formal Enforcement Cases Settled or Resolved:

June 2, 2008 - OC&I/Water Pollution File No. 07 - 08 re: Kenyon Industries, Inc. Kenyon Industries, Inc. ("Kenyon"), a fabric finisher, is the owner and operator of a wastewater treatment facility located on the Pawcatuck River in the village of Kenyon in the Towns of Charlestown and Richmond. Kenyon is the holder of Rhode Island Pollutant Discharge Elimination System Permit No. RI0100191. The permit authorizes Kenyon to discharge treated wastewater from the facility to the Pawcatuck River. On June 26, 2007, OC&I issued a NOV to the Respondent alleging certain violations of the Water Pollution Control Act, the RIDEM Water Quality Regulations, and the RIDEM Rhode Island Pollutant Discharge Elimination System Regulations. The violations pertained to Respondent's failure to comply with the permit for the following parameters and time periods: Total Silver (August 2005, November 2005); Chemical Oxygen Demand (February 2005, May 2005, December 2005, March 2006, April 2006); Biological Oxygen Demand (July 2004, October 2004, November 2004, January 2005, October 2005, November 2005, December 2005, June 2006, October 2006, November 2006); and Total Phenols (February 2005, May 2005, June 2005, July 2005, August 2005). In the NOV, OC&I ordered Kenyon to comply with all conditions of the permit. OC&I assessed an administrative penalty of $78,750.00. 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 enforcement action. The Respondent agreed to perform two Supplemental Environmental Projects ("SEPs") at a total cost of approximately $161,000.00 and pay an administrative penalty of $5,000.00. One of the SEPs involves the installation of a Novo BioReef system at the facility that will substantially increase the biological reduction of ammonia during the summer months, increase the biological reduction of ammonia during the winter months, and increase the biological reduction of phosphorous and nitrogen at different times of the year. The other SEP involves the installation of an onsite wastewater treatment system to treat all sanitary wastewater that is currently being discharged from the facility. The Respondent paid the administrative penalty of $5,000.00 upon execution of the Consent Agreement.

June 2, 2008 - OC&I/UST File No. 07 - 00185 re: Marieville Towing and Service, Inc. and David L. Pesce d/b/a Pari's Auto Service for property located at 900 Charles Street, Assessor's Plat 1, Lot 279 in the Town of North Providence. Respondent David L. Pesce is the owner of the property. Respondents were the operators of a UST facility on the property from at least 1986 until December 2006. Three underground storage tanks ("USTs") exist on the property consisting of a 10,000-gallon gasoline UST, an 8,000-gallon gasoline UST and a 2,000-gallon diesel fuel UST. On July 30, 2007, the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The OC&I notified Respondents of certain alleged violations of the UST Regulations by Letter of Noncompliance ("LNC") dated January 11, 2006 and Notice of Intent to Enforce ("NOIE") dated October 13, 2006. The Respondents addressed certain violations but not all. The unresolved violations pertained to Respondents' failure to maintain inventory control records for the three USTs from January 2003 through January 2006; failure to perform annual testing of the line leak detectors for the USTs in years 2000, 2001, 2002 and 2004; failure to test the shear valves during the year 2004; and failure to perform annual certification/testing of the continuous leak monitoring system during the years 2000, 2001, 2002 and 2004. In the NOV, the OC&I assessed a penalty in the amount of $9,180.00 for Respondents' past noncompliance. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance with the order portion of the NOV and agreed to pay a penalty in the amount of $5,257.00. The OC&I agreed to accept $1,257.00 upon execution of the Consent Agreement and allowed the Respondents to pay the remaining $4,000.00 in 5 monthly installments of $800.00. The Respondent has made the initial payment upon execution of the Consent Agreement.

June 10, 2008- OC&I/UST File No. 05 - 00673 re: Park Avenue Gasoline Station, Inc., Peter J. Rocchio, and Marie C. Rocchio for property located at 1025 Park Avenue, Assessor's Plat 6, Lot 1865 in the City of Cranston. Respondents Peter J. Rocchio and Marie C. Rocchio are the owners of the property. Respondent Park Avenue Gasoline Station, Inc. is the operator of a gasoline dispensing facility on the property. The facility has three registered USTs consisting of an 8,000-gallon UST and two 6,000-gallon USTs. On July 5, 2005, the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the Respondents' failure to register two additional USTs on the property consisting of a waste oil UST and a UST used for the storage of No. 2 heating oil, failure to upgrade the waste oil UST consistent with the corrosion protection requirements of the UST Regulations, failure to compile inventory control records for the three gasoline USTs for a period of three years, failure to perform tank tightness testing for the three gasoline USTs for the years 1998 and 2003, failure to monitor the product piping line for a 6,000-gallon UST for leaks through use of the facility's continuous monitoring system ("CMS"), failure to perform annual functionality testing of the line leak detectors for the three gasoline USTs from 1995 through 2004, failure to perform monthly testing of the CMS from 2002 through 2005, failure to perform annual certification/testing of the CMS from 1995 through 2004, failure to maintain spill containment basins for the waste oil tank and heating oil tank or to keep the spill containment basins for the three gasoline USTs clean of liquids and solid debris and failure to upgrade the tank pad observation well pursuant to the UST Regulations. The OC&I ordered the Respondents to comply with the UST Regulations and assessed an administrative penalty in the amount of $26,670.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance with the UST Regulations and agreed to pay a penalty in the amount of $21,670.00. The OC&I agreed to allow the Respondents to pay $4,270.00 upon execution of the Consent Agreement and the remaining penalty of $17,400.00 to be paid in 24 monthly installments of $725.00. The Respondent paid the $4,270.00 upon execution of the Consent Agreement.

June 18, 2008 - OC&I/Water Pollution File No. 07 - 02 re: Louise J. Cardi for property located on Arnold Road, Assessor's Plat 14, Lot 1 in the Town of Coventry. The property is a former gravel area, and the Respondent is the former owner of the property. The Respondent owned the property from February 24, 1995 to March 28, 2003. On January 31, 2007, OC&I issued a NOV to the Respondent alleging certain violations of the Water Pollution Act, the Freshwater Wetlands Act, the RIDEM Water Quality Regulations, and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations related to the discharge of water containing soil from the property to waters of the State identified as Tiogue Lake and Rope Walk Brook from January 1997 through March 2001. In the NOV, OC&I ordered the Respondent to assess the impacts of sedimentation to Tiogue Lake and Rope Walk Brook downstream of Arnold Road and restore the affected water bodies if required to do so by OC&I. OC&I assessed an administrative penalty in the amount of $143,750.00. The Respondent was one of many parties to whom OC&I issued an NOV for the discharge of water containing soil to Tiogue Lake and Rope Walk Brook. 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 enforcement action. The Respondent presented substantive legal arguments and supported an inability to pay argument to the OC&I for a reduction in the penalty. The Respondent agreed to pay an administrative penalty of $10,000.00 in 2 installments; $2,500.00 upon execution of the Agreement and $7,500.00 within 90 days. The OC&I accepted Respondent's arguments and agreed to pursue assessment of the impacts of sedimentation to Tiogue Lake and Rope Walk Brook and restoration of these waters with the other parties cited by the OC&I in a separate NOV. The initial $2,500.00 payment was paid upon execution of the Consent Agreement.

June 24, 2008 - OC&I/Water Pollution File No. 07 - 03 re: Nicholas E. Cambio, Catapult Realty LLC, Commerce Park Associates LLC, Commerce Park Associates 1 LLC, Commerce Park Associates 2 LLC, Commerce Park Associates 4 LLC, Commerce Park Associates 6 LLC, Commerce Park Associates 8 LLC, Commerce Park Associates 9 LLC, Commerce Park Associates 16 LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, Commerce Park Realty LLC, Grandeville at Greenwich Limited Partnership, Universal Properties Group Inc., Universal Trucking and Equipment Leasing Inc. for an approximately 480 acre parcel of land located north of Interstate 95 in the Town of West Greenwich, west of Arnold Road and New London Turnpike in the Town of Coventry, east of Hopkins Hill Road in the Town of Coventry and south of King Street in the Town of Coventry (also known as " Centre of New England"). Grandeville at Greenwich Limited Partnership ("Grandeville") was engaged in the commercial development of Plat 1, Lot 3-1 within the town of West Greenwich at the Centre of New England. On January 23, 2007, OC&I issued a NOV to Grandeville and Nicholas E. Cambio, Catapult Realty LLC, Commerce Park Associates LLC, Commerce Park Associates 1 LLC, Commerce Park Associates 2 LLC, Commerce Park Associates 4 LLC, Commerce Park Associates 6 LLC, Commerce Park Associates 8 LLC, Commerce Park Associates 9 LLC, Commerce Park Associates 16 LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, Commerce Park Realty LLC, Universal Properties Group Inc., and Universal Trucking and Equipment Leasing Inc. alleging certain violations of the Water Pollution Act, the RIDEM Water Quality Regulations, the Freshwater Wetlands Act, and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. Specifically, the NOV alleged that the activities of Grandeville at Plat 1, Lot 3-1 resulted in the discharge of storm water containing soil to Lake George and the stream tributary to Lake George in a concentration that caused turbidity to the State waters in violation of the State water quality standards and the deposition of sediment within the State waters. In the NOV, Grandeville was ordered to stabilize the land to prevent continued soil runoff, assess the impacts of sedimentation to the State waters, and restore the affected water bodies if required to do so by OC&I. OC&I assessed an administrative penalty in the amount of $31,500.00 against Grandeville. Grandeville filed an appeal of the NOV with the AAD. Grandeville completed all development of Plat 1, Lot 3-1, and all soils on said lot are stabilized. Prior to an administrative hearing on the NOV, the OC&I and Grandeville executed a Consent Agreement to resolve the enforcement action. Grandeville agreed to pay an administrative penalty of $24,000.00. OC&I agreed to pursue assessment of the impacts of sedimentation to Lake George and the stream tributary to Lake George and restoration of these waters with the other parties cited in the NOV. The $24,000.00 penalty was paid upon execution of the Consent Agreement.

June 26, 2008 - OC&I/Septic System File No. CI04-0193 re: Simon J. Aubrey and Dale Ann Aubrey for property located at 8 Emery Road, Assessor's Plat 16, Lot 222 in the Town of Warren. The property includes a single family 3 bedroom dwelling. On June 27, 2007, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to the overflow of sewage from the individual sewage disposal system that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondents to cease the discharge of sewage to the surface of the ground, pump the ISDS as needed to prevent overflows, and/or repair the ISDS. OC&I assessed an administrative penalty of $600.00. The Respondents filed an appeal of the NOV with the AAD. The matter was scheduled for administrative hearing on June 9, 2008. The Respondents failed to appear at the hearing and failed to present good cause why a final judgment should not be entered. An Order of Final Dismissal was signed by the RIDEM Director on June 26, 2008. In the Order of Final Dismissal, the Director sustained the terms and conditions of the NOV.

June 30, 2008 - OC&I/Water Pollution File No. WP 08-010 re: Sakonnet Point Club and Reagan Construction Corp. for property located at 11 Bluff Head Avenue in Little Compton. The property includes a yacht club and desalination water treatment facility to supply drinking water to the yacht club. Sakonnet Point Club ("SPC") is the owner of the property. RIDEM issued a Rhode Island Pollutant Discharge Elimination System Permit No.RI0023558 (the "RIPDES permit") to SPC. The RIPDES permit became effective January 1, 2003 and authorizes SPC to discharge treated wastewater from the facility to the Sakonnet River. Reagan Construction Corp. ("Reagan") was contracted by SPC to construct a wastewater outfall pipe for the facility. On March 20, 2008, OC&I issued a NOV to Reagan and SPC alleging certain violations of the RIPDES permit, the Water Pollution Act, the RIDEM Water Quality Regulations, and the RIDEM Rhode Island Pollutant Discharge Elimination System Regulations. Specifically, the NOV alleged that Reagan discharged 10 cubic yards of concrete into the Sakonnet River in noncompliance with a plan that was approved by RIDEM for the construction of the wastewater outfall pipe. In the NOV, OC&I assessed an administrative penalty in the amount of $6,250.00 against Reagan. Reagan filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Reagan executed a Consent Agreement to resolve the enforcement action. Reagan agreed to pay an administrative penalty of $2,500.00, which was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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