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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > March 2003 Summary

 
March 2003 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 March 2003. 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:

March 6, 2003 - OC&I/RCRA File No. 02-032 re: Monarch Metal Finishing Co., Inc. located at 189 Georgia Avenue, Assessor's Map Plat 58, Lot 540 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and applicable sections of Title 40 of the Code of Federal Regulations entitled Protection of the Environment. The violations pertain to the Respondent's failure to properly mark and label containers of hazardous waste, keep containers of hazardous waste closed, determine if any of its wastes meet any of the Federal or Rhode Island definitions of hazardous waste, document training for company personnel dealing with hazardous waste and failing to provide adequate secondary containment for containers of liquid hazardous waste. In the NOV, the OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $27,200.00.

March 10, 2003 - OC&I/UST File No. 03-03617 re: Alzaibak, Inc., Gapes Realty, LLC and George's Gas for property located at 1215 Stafford Road, Assessor's Map 4-10, Block 113, Lot 5, in the Town of Tiverton. 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 the Respondents' failure to install mandatory corrosion protection for steel USTs and piping systems, conduct monthly testing of UST continuous monitoring systems, conduct annual testing of continuous monitoring systems and maintain all monthly and annual testing records. The Respondents were advised of their noncompliance with the Regulations in a Letter of Noncompliance issued by the OC&I on 20 August 2001. The Respondents were given 60 days to comply with the Regulations. Further advisories of noncompliance were issued in writing on 4 December 2001 and 7 March 2002. Despite these repeated contacts, the Respondents did not comply with the Regulations. In the NOV OC&I ordered the Respondents to comply with the Regulations regarding corrosion protection upgrade and to submit all monthly and annual testing records. The OC&I assessed a penalty in the amount of $6,472.00.

March 10, 2003 - OC&I/UST File No. 03-18655 re: BJ's Wholesale Club, Inc. for property located at 790 Centre of New England Boulevard, Assessor's Plat 7, Lot 1.1 in the Town of Coventry. 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 the Respondent's failure to meet annual testing requirements for line leak detectors, conduct monthly and annual testing of UST continuous monitoring systems, maintain monthly and annual test records for the continuous monitoring systems and failure to meet inventory record keeping requirements. The Respondent was advised of its noncompliance with the Regulations in a Letter of Noncompliance issued by the OC&I on 24 July 2002. The Respondent was given 60 days to comply with the Regulations. As of the date of the NOV, the Respondent was still not in compliance with the Regulations. In the NOV OC&I ordered the Respondent to submit all missing test records and provide daily written inventory and inventory reconciliation records for its USTs. OC&I assessed a penalty in the amount of $9,192.00.

March 21, 2003 - OC&I/Medical Waste File No. SW 03-017 re: Warwick Medical Walk-In Room, Inc. for property located at 1131 Warwick Avenue in the City of Warwick. OC&I alleges that the Respondent is in violation of Rhode Island General Law Section 23-19.12-12 and Section 16.00 of the Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island. The violations pertain to Respondent's failure to renew its registration as a Regulated Medical Waste Generator in Rhode Island for the years 2000, 2001 and 2002 and to pay annual registration fees for those years. The Respondent was advised that it failed to renew its registration in a Letter of Noncompliance ("LNC") issued by RIDEM on 26 December 2000. Despite the issuance of the LNC, the Respondent continued to generate medical waste without renewing its required registration and paying its required registration fees. In the NOV OC&I ordered the Respondent to immediately cease the generation of medical waste in Rhode Island until such time that it obtains registration as required by law and regulation. The Respondent was also ordered to pay all annual registration fees for the years 2000, 2001 and 2002. The OC&I assessed a penalty of $3,750.00.

March 21, 2003 - OC&I/UST File No. 03-00112 re: Claudio Castagna, Donna Castagna and East Greenwich Auto Service, Inc. for property located at 2574 South County Trail, Assessor's Plat 17E, Lot 27 in the Town of East Greenwich. 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 the Respondent's failure to meet annual testing requirements for line leak detectors, conduct monthly and annual testing of UST continuous monitoring systems, maintain monthly and annual test records for the continuous monitoring systems and failure to meet inventory record keeping requirements. The Respondents were advised of their noncompliance with the Regulations in a Letter of Noncompliance issued by the OC&I on 16 May 2001. The Respondents were given 60 days to comply with the Regulations. Further advisories of noncompliance were issued in writing on 24 August 2001 and orally on 18 January 2002 and 18 March 2002. Despite these repeated contacts, the Respondents did not comply with the Regulations. In the NOV OC&I ordered the Respondent to submit all missing test records and provide representative samples of the Facility's product inventory records for two of its three USTs. OC&I assessed a penalty in the amount of $7,947.00.

March 27, 2003 - OC&I/Septic System File No. CI99-41 re: Carlos & Demia Ferreira for property located at 752 Metacom Avenue, Assessor's Plat 123, Lots 326 and 327 in the Town of Bristol. The property includes a single-family dwelling. OC&I alleges that the Respondents are in violation of RIDEM's 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 the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On or about 22 April 1999 and again on 21 February 2000 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents. The NOIs required the Respondents to take immediate action to pump the septic system as necessary to prevent the overflow of sewage, have the septic system inspected to determine the cause of the failure and submit a repair application to correct failure, if necessary. The Respondents pumped the septic system; however, the Respondents did not have the system inspected to determine the cause of the failure. To date, the Respondents have failed to adequately comply with the terms of the NOIs. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $3,000.00.

March 28, 2003 - OC&I/UST File No. 03-00070 re: Clarke Cooke, Inc. d/b/a Bannister's Wharf Co. for property located at Bannister's Wharf, Assessor's Plat 24, Lot 358 in the City of Newport. 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 the Respondent's failure to meet annual testing requirements for line leak detectors, conduct monthly and annual testing of UST continuous monitoring systems, maintain monthly and annual test records for the continuous monitoring systems and failure to meet inventory record keeping requirements. On 9 August 2002, OC&I issued a Letter of Non-Compliance to the Respondent ("LNC"). The LNC informed the Respondent of the alleged violations and provided a compliance schedule to be met. Despite receipt of the LNC, the Respondent failed to bring the facility into compliance with the UST Regulations. In the NOV, the OC&I ordered the Respondent to comply with the UST Regulations and assessed a penalty in the amount of $9,440.00.

March 31, 2003 - OC&I/UST File No. 03-02857 re: South County Hospital healthcare System for property located at 100 Kenyon Avenue, Assessor's Plat 64-1, Lot 122 in the Town of South Kingstown. 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 conduct monthly and annual testing of leak monitoring equipment, maintain monthly and annual test records, maintain spill containment basins and failure to meet fill-pipe labeling requirements. The Respondent were advised of their noncompliance with the Regulations in a Letter of Noncompliance issued by the OC&I on 28 December 2001. The Respondent were given 60 days to comply with the Regulations. Further advisories of noncompliance were issued orally on 13 August 2002 and again on 30 October 2002. Despite these repeated contacts, the Respondent did not comply with the Regulations. The OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $4,479.00.

Formal Enforcement Cases Settled or Resolved:

March 5, 2003 - OC&I/UST File Nos. 00-01060 re: Cumberland Farms, Inc. for Gulf Service Station #119765 for property located at 55 Atwells Avenue, Assessor's Plat 26, lot 349, in the City of Providence. On 16 November 2000, the OC&I issued a NOV alleging that the Respondent violated Section 10.03 of the UST Regulations pertaining to corrosion protection requirements for UST systems. The OC&I ordered the submission of a permanent closure application and complete removal of the Respondent's UST number 005 at the facility. The Respondent was also ordered to submit a Closure Assessment that may in turn require a Site Investigation Report and a Corrective Action Plan. The OC&I assessed a penalty in the amount of $8,750.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. On 18 January 2002, the Respondent properly closed its UST No. 005 in accordance with the UST Regulations. The penalty assessed in the NOV was reduced to $2,199.00. The Respondent has paid the penalty as agreed upon in the Consent Agreement.

March 10, 2003 - Freshwater Wetlands Complaint File No. C-2572 re: Commerce Realty and Leasing Co., Inc., Ocean Edge Properties, LLC and Philip Casacalenda, Jr. for property located south of Eagle Drive, east of Kingfisher Road, Assessor's Plat 26, Lot 1 (formerly Plat 33, Lot 359) in the Town of Coventry. On 23 February 1989, RIDEM issued a NOV to Commerce Realty and Leasing Co., Inc. alleging violations of the Rhode Island Freshwater Wetlands Act and the Rules and Regulations Governing the Enforcement of the Freshwater Wetlands Act. The violations pertained to the installation of a dock into a pond (Flat River Reservoir or Johnson's Pond) without first obtaining a permit from the Director of the RIDEM. The RIDEM ordered the removal of the dock and assessed a penalty in the amount of $1,000.00. The Respondent failed to properly request a hearing on the NOV before the AAD. Philip Casacalenda Jr. is the President of Commerce Realty and Leasing Co., Inc. The property was transferred to Ocean Edge Properties, LLC. Philip Casacalenda Jr. is the manager of Ocean Edge Properties, LLC. In lieu of proceeding to Superior Court to enforce the NOV, Ocean Edge Properties, LLC and the OC&I executed a Consent Agreement to resolve the enforcement action. The dock was removed from the pond and a penalty in the amount of $750.00 was paid to the Department.

March 20, 2003 - ISDS Complaint File No. CI 94-57 re: Robert and George Taylor for property located at 2000 Warwick Avenue, Assessor's Plat 329, Lot 553 in the City of Warwick. The property includes a multi family rental dwelling. On August 24, 1994 DEM issued a NOV to the Respondents alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwelling. In the NOV DEM ordered the Respondents to cease the discharge of sewage and repair the septic system. DEM assessed a penalty of $2,000. The Respondents failed to file an appeal of the NOV with the AAD. The Respondents connected the sewerage system for the property to the city sewerage system; however, the Respondents refused to pay the penalty. OC&I retained a private collection agency to collect the unpaid penalty, and the full penalty of $2,000 was paid on February 21, 2003.

March 21, 2003 - OC&I/Solid Waste File No. 02-052 re: Daniel Webster for property located at 1612 Mendon Road, Assessor's Plat 58, Lot 46 in the Town of Cumberland. On 26 September 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violation pertained to the illegal disposal of approximately 30 cubic yards of solid waste on the subject property. The Respondent was advised through the issuance of informal enforcement letters on 20 March 2000 and 22 June 2001 that it is a violation of state law to dispose of solid waste at other than a licensed solid waste management facility. Respondent was notified that the solid waste must be removed to prevent the issuance of a formal enforcement action and assessment of penalty. The Respondent did not remove the waste. In the NOV, the OC&I ordered that the solid waste be removed and disposed of at a licensed facility within 30 days. A penalty in the amount of $2,500.00 was assessed in the NOV. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to remove the solid waste from the property based upon an enforceable performance schedule. The Respondent agreed to pay a penalty in the amount of $1,500.00. The OC&I is monitoring performance to ensure compliance with the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

March 31, 2003 - RIDEM v N.E.P. Corp. d/b/a Hemlock Estates Mobile Home Park and Pasquale Olivo re: property located east of RI Route 102, northeast of Pound Road in the Town of Glocester. This case involved multiple NOVs issued to the defendants in past years involving alleged violations of Rhode Island's Freshwater Wetlands Act, Refuse Disposal Act and Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The Respondents executed a Consent Agreement with the Department to resolve noncompliance with environmental laws and regulations. Failing to meet compliance with the Consent Agreement, RIDEM filed a complaint against the defendants with the Rhode Island Superior Court. The Attorney General represented the RIDEM in the subject case. Although the Respondents eventually met compliance with the orders contained in the NOVs and the requirements of the Consent Agreement, Respondents failed to pay stipulated penalties that accrued due to their noncompliance. The Respondents owed the Department over $100,000.00 in stipulated penalties. The Respondents ultimately filed for bankruptcy and the Superior Court appointed a Receiver. The Attorney General and the Receiver negotiated a settlement of the case that resulted in the Department receiving $20,000.00 in penalties to close the case.

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rev. 4/22/03