June 2015 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 2015. 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 emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

June 11, 2015 - OWTS File No. 14-15 re: Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2006-FF13, Mortgage Pass-Through Certificates, Series 2006-FF13 for property located at 1861 Atwood Avenue, Assessor's Plat 48, Lot 212 in the town of Johnston. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On February 25, 2014, the OC&I inspected the property and documented the violation. On January 30, 2015, the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice required specific actions to correct the violation. On February 9, 2015, the notice was delivered to the Respondent. As of the date of the NOV, the Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $400.

June 12, 2015 - OWTS File No. 14-302 re: Martha C. Heald for property located at 26 Shore Drive, Assessor's Plat 17, Lot 155 in the town of Warren. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On December 16, 2014, the OC&I inspected the property and documented the violation. On December 29, 2014, the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice required specific actions to correct the violation. On January 6, 2015, the notice was delivered to the Respondent. As of the date of the NOV, the Respondent has failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.

June 16, 2015 - Hazardous Waste File No. OCI-HW-14-11 and 14-20 re: JRB Associates, Inc. for facilities located at 2 Second Avenue in the city of Cranston and at 94 Silver Spring Street in the city of Providence. The Respondent is registered with the RIDEM as a small quantity hazardous waste generator at the facilities. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations at the 2 Second Avenue facility pertain to the failure to amend the contingency plan and apply for and obtain an EPA ID prior to generating or storing hazardous waste. The violations at the 94 Silver Spring Street facility pertain to the failure to: store hazardous waste for no longer than 180 days; demonstrate the length of time that universal waste has accumulated; properly label satellite accumulation containers holding hazardous waste; properly label or mark universal waste; properly label containers holding used oil; keep all containers holding hazardous waste closed; perform weekly inspections; prepare and maintain a contingency plan; provide training to employees; and submit a list of agents authorized to sign hazardous waste manifests to the RIDEM. The OC&I inspected the 2 Second Avenue facility on January 24, 2014 and inspected the 94 Silver Spring Street facility on January 30, 2014. In February 2014, as a result of the inspections, the Respondent submitted documents to the OC&I to address some of the issues documented during the inspections. As of the date of the NOV, the Respondent failed to demonstrate that it is in full compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $27,381.

June 17, 2015 - OWTS File No. 14-69 re: Maryland Road, LLC for property located at 16 Maryland Road, Assessor's Plat 9, Lot 405 in the town of Little Compton. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On June 9, 2014, the OC&I inspected the property and documented the violation. On June 11, 2014, the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice required specific actions to correct the violation. On November 17, 2014, the Respondent submitted an application to the RIDEM to repair the failed OWTS. On December 1, 2014, the RIDEM approved the application. As of the date of the NOV, the Respondent has failed to complete the repair to the failed OWTS. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflow and complete the repair to the failed OWTS within 45 days. The OC&I assessed an administrative penalty of $800.

June 26, 2015 - OWTS File No. 14-280 re: Michael William Hatch and Christa Hatch for property located at 301 Green End Avenue, Assessor's Plat 114, Lot 103 in the town of Middletown. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On December 11, 2014, the OC&I inspected the property and documented the violation. On December 17, 2014, the OC&I issued an informal written notice to the Respondents by certified mail for the violation. The notice required specific actions to correct the violation. On January 20, 2015, the Respondents submitted an application to the RIDEM to repair the failed OWTS. On January 29, 2015, the RIDEM approved the application. As of the date of the NOV, the Respondents have failed to complete the repair to the failed OWTS. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflow and complete the repair to the failed OWTS within 45 days. The OC&I assessed an administrative penalty of $800.

Formal Enforcement Actions Settled or Resolved:

June 10, 2015 - Site Remediation File No. 2007-598 SR re: Cardi Corporation and the Rhode Island Department of Transportation for property located at 7 Rustic Hill Road in the town of Glocester. At the time the NOV was issued, the town of Glocester had under construction a new middle school at the property and the Rhode Island Department of Transportation (RIDOT) had under construction a portion of Interstate Route 195 (I-195 project) in the city of Providence. Cardi Corporation (Cardi) had the contract for the I-195 project. Because a portion of the I-195 project was taking place in an area historically used for industrial activities, the 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 were likely to be contaminated with hazardous materials. The MOU required procedures for 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 approved a soil management plan (SMP) for the I-195 project. The SMP required the 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 received a complaint that contaminated soil from the I-195 project was deposited on the middle school site in Glocester. The OC&I's investigation 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 Cardi and the contractor in charge of construction of the new middle school, Cardi agreed and did remove approximately 20 truckloads of contaminated soil from the property and disposed of the soil at a licensed solid waste management facility. Cardi hired an environmental consultant to test the property to confirm that all contaminated soil was removed. On June 13, 2008, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases and Rhode Island's Refuse Disposal Act. The violation pertained to the unauthorized removal of contaminated soil by Cardi from the I-195 project and the depositing of the soil at the middle school site in the town of Glocester. In the NOV, the OC&I assessed an administrative penalty in the amount of $251,546. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The RIDOT agreed to perform a Supplemental Environmental Project (SEP) that involved the clearing of vegetation at the Rocky Point property in the city of Warwick (Rocky Point) to accommodate emergency and public access. The RIDOT completed the SEP, and the RIDEM gave the RIDOT a credit of $20,000 for this project. Rocky Point includes a former solid waste landfill (Rocky Point Landfill). Cardi agreed to perform a SEP to properly close the Rocky Point Landfill in accordance with the RIDEM's Solid Waste Regulations. The RIDEM gave Cardi a credit of $100,000 for this project.

June 15, 2015 - Multi-Media (Wetlands and OWTS) File Nos. C93-208 and CI05-184 re: Frederick Hone, Jr., Living Trust and Frederick T. Hone, Jr., et ux for property located approximately 500 feet west of South County Trail (Route 2), approximately 3000 feet southwest of the intersection of South County Trail and Exeter Road, Assessor's Plat 67-1, Lots 2 and 3 in the town of Exeter. Lot 3 includes a dwelling assessed by the town of Exeter as a 6-bedroom single family building. At the time the NOV was issued, Lot 2 was owned by Frederick Hone Jr., Living Trust and Lot 3 was owned by Frederick T. Hone Jr., et ux. On January 15, 2008, the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act, the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act and the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The freshwater wetland violations occurred on Lot 2 and pertained to: filling (in the form of soil material and/or structures), grading, clearing (trees and shrubs), and creating soil disturbance in Swamp, Riverbank Wetland, and Perimeter Wetland; stockpiling materials (in the form of equipment, firewood, and other debris) in Swamp, Riverbank Wetland, and Perimeter Wetland; constructing a dam across a River; installing a concrete pumping chamber within a River; constructing a bridge across a River, and excavating and filling a Swamp and Special Aquatic Site. The violations resulted in the alteration of approximately 1.4 acres of freshwater wetlands. The OWTS violations occurred on Lot 3 and pertained to: the discharge of sewage to an open concrete structure within the dwelling; the discharge of laundry waste to the surface of the ground; the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground; the change of use of the dwelling from a 2 bedroom to a 6 bedroom dwelling without first submitting an application to the RIDEM to determine whether the OWTS was adequate for the proposed use; and the filing of false information to the RIDEM concerning the number of bedrooms in the dwelling on an application to repair the OWTS. A subsequent repair application submitted to the RIDEM by Mr. Hone stated that the dwelling was 2 bedrooms, not 6 bedrooms. In the NOV, the OC&I ordered the Respondents to cease and desist any further unauthorized alteration to freshwater wetlands, restore all freshwater wetlands, pump the OWTS as necessary to prevent overflows, and repair the failed OWTS. The OC&I assessed an administrative penalty of $6,900 for the wetland violations and $4,800 for the OWTS violations. The Respondents filed an appeal of the NOV with the AAD. On January 18, 2012, Lot 3 was placed into a Trust and on January 16, 2014, Lot 2 was placed into a Trust (collectively, the Trusts). The OC&I and the Trusts executed a Consent Agreement to resolve the NOV (except for the administrative penalty). The Trusts agreed to record a deed restriction that restricts the use of the dwelling to 2 bedrooms, unless and until the RIDEM issues a Certificate of Conformance for an OWTS that is greater than 2 bedrooms. The Trusts also agreed to complete all wetland restoration work in accordance with a plan that was approved by the OC&I on August 6, 2012. The OC&I and the Trusts agreed to proceed to an administrative hearing on the administrative penalty.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.