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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > March 2004 Summary

 
March 2004 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 2004. 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 1, 2004 - OC&I/Septic System File No. CI95-116 re: Martin T. and Lynne A. Rhue for property located at 52 Hornet Road, Assessor's Plat 148, Lot 239, in the Town of North Kingstown. The property includes a single-family residential dwelling. OC&I alleges that the Respondents are in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on May 18, 1999 for a laundry waste discharge on the property. Respondent Martin Rhue submitted a letter to DEM stating that the laundry waste would be connected to the septic system and the system would be inspected by a licensed person to determine if it is functioning properly. A follow up inspection by DEM in June 2003 revealed the sewage overflow. Respondent Lynne Rhue was advised at the time of the inspection of the violations and the actions necessary to correct the violation. The Respondents have failed to correct the violation. In the NOV the Respondents were ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $1,400.00.

March 1, 2004 - OC&I/Septic System File No. CI01-183 re: Emma Cotto and Francisco Santiago for property located at 37 Woodhaven Road, Assessor's Plat 60, Lot 15 in the Town of North Kingstown. The property includes a single-family residential dwelling. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling and the discharge of laundry waste to the surface of the ground. In the NOV the Respondents were ordered to cease the discharge of sewage and laundry waste and repair the failed system. OC&I assessed a penalty in the amount of $1,800.00.

March 16, 2004 - OC&I/UST File No. 04-01327 re: Arlene R. Barbosa for property located at 517 Warren Avenue, Assessor's Map 307, Block 9, Parcel 1 in the City of East Providence. The owner operates Warren Avenue Xtra Mart, a/k/a Warren Avenue Citgo, a/k/a DBA USA Petroleum at this location. 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 abandonment of the UST systems on the property for more than 180 days and failure to properly close the UST systems in accordance with the UST Regulations. The OC&I ordered the Respondent to submit a closure application within 90 days of receipt of the NOV and to submit a closure assessment report within 30 days of removal of the USTs. Depending upon information contained in the closure assessment the Respondent may be required to conduct a Site Investigation Report and prepare a Corrective Action Plan if determined necessary by RIDEM. OC&I assessed a penalty in the amount of $13,000.00.

March 16, 2004 - OC&I/UST File No. 04-03298 and RCRA File No. 04-036 re: FleetBoston Financial Corporation, Fleet Real Estate, Inc. and Richmor Aviation, Inc. for property located at 596 Airport Road, Assessor's Plat 321, Lot 4, in the City of Warwick. OC&I alleges that the Respondents are in violation of the UST Regulations and RIDEM's Rules and Regulations for Hazardous Waste Management. The hazardous waste violations pertain to Respondents' failure to properly label containers of hazardous waste and failure to submit to the RIDEM a list of names and signatures of agents who are authorized by the company to sign the uniform hazardous waste manifest. The violations of the UST Regulations pertain to inventory record keeping for UST systems, monthly and annual testing of UST continuous monitoring systems and maintenance of monthly and annual test records. The Respondents were ordered to comply with the applicable regulations and to submit all missing records. The OC&I assessed a penalty of $7,986.00.

March 16, 2004 - OC&I/RCRA File No. 04-008 and Solid Waste File No. 04-012 re: East Repair Inc. and Donald C. Medeiros for property located at 85 East main Road, Assessor's Plat 28, Lot 46-01 in the Town of Little Compton. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Rhode Island's Refuse Disposal Act. The hazardous waste violations pertain to Respondents' failure to apply for and obtain an EPA identification number related to the generation of hazardous waste, failure to submit to the RIDEM the names and signatures of the agents authorized to sign the uniform hazardous waste manifest forms, failure to properly label all containers and tanks holding hazardous waste, failure to mark each container of hazardous waste with the accumulation start date, failure to provide secondary containment for hazardous waste containers holding liquid waste, and failure to keep hazardous waste containers and tanks closed except when necessary to add or remove waste. Respondents' violation of the Refusal Disposal Act involves the disposal and storage of solid waste on the property in excess of three (3) cubic yards as allowed by law. The Respondents have maintained over 200 cubic yards of solid waste on the property. The Respondents were ordered to achieve compliance with the hazardous waste regulations, cease the disposal and storage of solid waste on the property and remove all solid waste within 90 days of receipt of the NOV. OC&I assessed a penalty in the amount of $27,250.00.

March 17, 2004 - OC&I/UST File No. 04-01303 re: Warwick Sewer Authority for property located at 125 Arthur W. Devine Boulevard, Assessor's Plat 280, Lots 3 in the City of Warwick. The OC&I alleges that the Respondent has violated RIDEM's UST Regulations regarding two USTs at the property. The violations pertain to corrosion protection requirements for UST systems, inventory record keeping, continuous monitoring of double-walled piping, line tightness testing, monthly and annual testing of UST continuous monitoring systems, installation of overfill protection, conducting modification of registered UST facilities without approval of the Director, closure requirements for UST systems and test record keeping. The Respondent has removed one of its USTs from the property and permanently closed the UST in compliance with the UST Regulations. In the NOV OC&I ordered the Respondents to bring its remaining UST into compliance with the UST Regulations and to provide all past missing testing records and reports for the USTs at the property. OC&I assessed a penalty of $28,895.00.

March 18, 2004 - OC&I/UST File No. 04-03020 re: Jiffy Lube International, Inc. for property located at 886 Bald Hill Road, Assessor's Plat 260, Lot 51 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to operation and maintenance of UST cathodic protection systems, inventory record keeping requirements, line tightness testing, operation and maintenance of UST continuous monitoring systems (CMS), operating a UST with a malfunctioning CMS, monthly and annual testing of the CMS and maintenance of test records. RIDEM received a Closure Assessment for the UST at the property. In the NOV, the OC&I ordered the Respondent to comply with the UST Closure Assessment and if necessary, complete a Site Investigation Report and a Corrective Action Plan in the event that a release is discovered. OC&I also ordered the Respondent to provide all missing test records and inventory control records. A penalty in the amount of $11,966.00 was assessed in the NOV.

March 31, 2004 - OC&I/UST File No. 04-00416 re: Lyttle Realty, Ltd and Andy's Automotive Repair Corp. d/b/a S&S Automotive for property located at 4184 Post Road, Assessor's Plat 222, Lot 35 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to annual testing requirements for UST leak detection equipment, monthly and annual testing of the UST continuous monitoring system, maintenance of test records, and overfill protection for USTs. The OC&I ordered the Respondents to comply with the Regulations by submitting all missing test records and providing verification that its USTs are equipped with overfill protection. OC&I assessed a penalty in the amount of $9,808.00.

March 31, 2004 - OC&I/UST File No. 04-03699 re: Cumberland Farms, Inc. for property located at 3400 Mendon Road, Assessor's Plat 54, Lot 587 in the Town of Cumberland. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to annual testing requirements for UST leak detection equipment and maintenance of test records for two USTs at the facility. Testing of line leak detectors should have taken place in 1996 and 1999. Annual testing of the UST's continuous monitoring system should have taken place in 1996, 1997 and 1999. A release of gasoline has taken place at the facility and the Respondent has filed a Compliance Application with the Rhode Island underground Storage Tank Financial Responsibility Fund Review Board to assist in clean up of the property. Remediation activities are underway at the property. OC&I assessed a penalty in the amount of $4,115.00 for Respondent's past non-compliance with the UST Regulations.

Formal Enforcement Cases Settled or Resolved:

March 2, 2004 - OC&I/RCRA File No. 03-017 re: Detroit Collision Center, Inc. for property located at 1189 Douglas Avenue, Assessor's Plat 6, Lot 110 in the Town of North Providence. On October 16, 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Hazardous Waste Management Act (R.I.G.L. 23-19.1 et seq.), the Rules and Regulations for Hazardous Waste Management, and title 40 of the Code of Federal Regulations related to hazardous waste management enforced by the State of Rhode Island. The violations pertained to the Respondent's failure to meet requirements for labeling of stored containers of hazardous waste, secondary containment for containers of liquid hazardous waste, documentation of weekly inspection of hazardous waste storage areas, storage of ignitable hazardous waste within 50 feet of a property line, failing to submit a biennial report, failing to properly document authorized manifest signers, failing to maintain a contingency plan and requirements for the proper training of employees involved in hazardous waste management. The OC&I ordered the Respondent to meet all requirements of the applicable regulations and assessed a penalty in the amount of $15,600.00. 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. The Respondent achieved compliance with the orders set forth in the NOV and agreed to a penalty in the amount of $11,730.00. OC&I agreed to allow the Respondent to pay $1,730.00 of the penalty upon execution of the agreement and to pay the remaining $10,000.00 over a 24-month period.

March 9, 2004 - OC&I/ Water Pollution File No. 04-02 re: Middletown Acquisition Group, LLC for property located at 287 Third Beach Road, Assessor's Plat 126, Lot 51 in the Town of Middletown. The Respondent has a horse breeding operation at the Property that includes lessons, boarding, and training of horses and riders. On February 4, 2004, the OC&I issued a NOV alleging that the Respondent was in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertained to the discharge of pollutants (in the form of horse manure) to the waters of the State from the Property. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on February 9, 2001 requiring corrective action. The Respondent failed to comply fully with the NOI. In the NOV the Respondent was ordered to remove and properly dispose of all manure piles on the Property and submit a plan to control manure runoff from the Property. OC&I assessed a penalty in the amount of $6,250.00. 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. The Respondent agreed to complete all work associated with a Roof Runoff Management System Plan prepared by the Natural Resources Conservation Service, remove and properly dispose of all horse manure piles on the property, and retain a qualified professional to assess the impacts of the farm operation on the water quality of Paradise Brook and make recommendations for further corrective action, if necessary. The Respondent was able to demonstrate an inability to pay the administrative penalty; therefore, the penalty was waived.

March 10, 2004 - 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. On March 27, 2003, the OC&I issued a NOV alleging that the Respondents violated 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 pertained 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. The Respondents 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. Respondent Carlos Ferreira filed an appeal of the NOV with AAD. The Respondent advised OC&I that he is the sole owner of the property. Prior to the hearing, the Respondent executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondent agreed to connect the sewerage system for the property to the town sewerage system prior to May 1, 2004 and pay an administrative penalty of $2,400. The administrative penalty has been paid.

March 10, 2004 - OC&I/UST File No. 03-02841 re: Vincent Iozzi, Angelina Iozzi and C&S of Providence, Inc. for property located at 306 Broadway, Assessor's Plat 28, Lot 118 in the City of Providence. On October 7, 2003, the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to corrosion protection requirements for UST systems, performance of 0.2 gallon per hour leak tests, line tightness testing requirements for UST systems, annual testing of line leak detectors, deactivation of the UST CMS and failing to repair any malfunction within 15 days, failing to conduct monthly and annual testing of the CMS for USTs, failing to meet inventory record keeping requirements and failing to maintain test records. The OC&I ordered the Respondents to meet the requirements of the applicable UST Regulations and assessed a penalty in the amount of $38,990.00. 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 a penalty in the amount of $31,707.00. The penalty was apportioned with C&S Providence, Inc. agreeing to pay $21,089.00 and Vincent Iozzi and Angelina Iozzi agreeing to pay $10,618.00. OC&I agreed to allow Respondent C&S of Providence, Inc. to pay $5,089.00 upon execution of the Consent Agreement and to pay the remaining $16,000.00 in 16 consecutive monthly installments of $1,000.00. OC&I allowed Vincent and Angelina Iozzi to pay $1,500.00 upon execution of the Consent Agreement and the remaining $8,618.00 to be paid in 36 equal and consecutive monthly installments.

March 16, 2004 - OC&I/RCRA File No. 03-036 re: Plantation Heat Treating Corp. for property located at 184 Woonasquatucket Avenue, Assessor's Plat 10, Lot 91, in the Town of North Providence. On January 6, 2004, the OC&I issued a NOV to the Respondent alleging that the Respondent was in violation of Rhode Island's Hazardous Waste Management Act, RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations. The violations pertain to the requirement to label hazardous waste containers, clearly mark and make visible for inspection the date upon which each period of accumulation began on each container of hazardous waste, provide secondary containment for containers of liquid hazardous waste, storing hazardous waste in containers in good condition, keeping containers holding incompatible hazardous wastes separated by a physical barrier, maintain adequate aisle space in hazardous waste storage areas, maintain documentation of weekly inspections of hazardous waste storage areas, submitting to RIDEM a list of agents authorized to sign hazardous waste manifests, training for employees involved in hazardous waste management, filing an exception report and properly distributing copies of hazardous waste manifests and developing and maintaining a hazardous waste contingency plan specific to the facility. In the NOV, ordered the Respondents to achieve compliance with state and federal hazardous waste regulations and assessed a penalty in the amount of $34,750.00. The Respondent filed an appeal of the NOV with the AAD. The matter came before the AAD for the purpose of a status conference on February 19, 2004. The Respondent failed to appear or otherwise apprise the Administrative Hearing Officer of their inability to appear. A Conditional Order of Default was issued against the Respondent affording Respondent until and including February 27, 2004 to show good cause in writing why a Final Default Judgment should not enter and the NOV issued on January 6, 2004 become a compliance order. The Respondent did not respond to the Conditional Order of Default. On March 8, 2004 the Administrative Hearing Officer issued a recommended Final Order of Default and ordered that the NOV shall become a final agency compliance order immediately upon the entry of the Final Agency Order. The Director issued a Final Agency Order on March 16, 2004.

March 22, 2004 - OC&I/Septic System File No. CI99-253 re: Ann Marie Brule for property located at 19 School House Road, Assessor's Plat 21, Lot 280 in the Town of Warren. The property includes a single-family dwelling. On June 18, 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent was in violation of the ISDS Regulations. The violation pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. On or about December 13, 1999 and April 10, 2000, OC&I issued a NOI to the Respondent. The NOI required the Respondent to take immediate action to pump the septic system as necessary to prevent the overflow of sewage to the ground, inspect the septic system to determine the cause of the system failure, and repair the septic system, if necessary. The Respondent failed to adequately comply with the terms of the NOIs. In the NOV OC&I ordered the Respondent 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 in the amount of $4,000.00. The Respondent failed to request a hearing on the NOV. In lieu of proceeding to Superior Court to enforce the order, the OC&I referred the case to mediation. The Respondent submitted an application to repair the failed system, which was approved by DEM on December 29, 2003. Following mediation of the case, the Respondent executed a Consent Agreement with OC&I to resolve the NOV enforcement action. The Respondent agreed to complete the construction of the septic system within 30 days and pay an administrative penalty of $2,000.00.

March 29, 2004 - OC&I/AIR File No. 03-07 re: South County Hospital Healthcare System for property and its facility located at 100 Kenyon Avenue in the Town of South Kingstown. On December 5, 2003, the OC&I issued a NOV alleging that the Respondent was in violation of RIDEM's Air Pollution Control ("APC") Regulation No. 9, entitled "Air Pollution Control Permits", APC Regulation No. 22, entitled "Air Toxics" and RI General Law Title 23, Chapter 23-23, entitled "Rhode Island Clean Air Act", Section 23-23-13. The violations pertained to Respondent's failure to obtain a permit before installing an 8.77 MMBtu/hr boiler designed to fire distillate fuel and natural gas, failure to obtain a permit before installing a diesel fired 800+ horsepower generator with a heat input capacity greater than the 5 MMBtu/hr permit threshold in the APC Regulations and failure to produce records pertaining to xylene and ethylene oxide purchases and use on a daily basis as required by RIDEM's Air Toxics Operating Permit issued to the Respondent. Following issuance of a Notice of Alleged Violations to the Respondent by RIDEM's Office of Air Resources, the Respondent obtained all necessary permits and complied with all record requirements. In the NOV, the OC&I assessed a penalty in the amount of $2,400.00 for Respondent's non-compliance. The Respondent filed an appeal 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 pay a penalty in the amount of $2,000.00. The penalty has been paid.

March 30, 2004 - OC&I/AIR File No. 03-03 re: Brookwood Laminating, Inc. for property located at 1425 Kingstown Road in the Town of South Kingstown. On October 6, 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent violated the Rhode Island Clean Air Act (R.I.G.L. 23-23-1 et seq.) and RIDEM's Air Pollution Control Regulations ("APC Regulations"). The violations pertained to the Respondent's modified operation of a gas frame related to a new coating containing a volatile organic compound ("VOC") (isopropyl alcohol). The use of the new coating resulted in the emission of fifty-one (51) tons of VOC without first receiving a construction permit issued pursuant to APC Regulation 9 by the Office of Air Resources that would have authorized the operation of the equipment consistent with the Clean Air Act. The Respondent also operated the equipment without meeting specific capture efficiency and destruction efficiency requirements for air pollution control equipment and without obtaining VOC emission offset credits beforehand. The OC&I alleges that the Respondent is also in violation of APC Regulation No. 17 entitled "Odors" by allowing the emission of an air contaminant or combination of air contaminants which creates an objectionable odor beyond the property line of the facility. In the NOV, the OC&I ordered the Respondent to meet compliance with applicable APC Regulations within 60 days and assessed a penalty in the amount of $379,477.00. 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. The Consent Agreement requires the Respondent not to use its gas frame equipment for any process that exceeds the permit threshold set forth in Section 9.3 (g) of Air Pollution Control Regulation No. 9. On or before May 1, 2004, the Respondent agreed to submit to RIDEM a detailed proposal for the replacement of its existing catalytic oxidizer with a new higher efficiency regenerative thermal oxidizer with an overall efficiency of not less than 98%. All VOC emissions associated with the facility's mix room are to be vented to the new oxidizer. The proposal must be consistent with RIDEM's Supplemental Environmental Project ("SEP") policy and must be accompanied with a permit application for the new equipment. OC&I agreed that the installation and operation of the new oxidizer is above and beyond applicable regulatory requirements and is an acceptable project under the SEP policy. Following issuance of the permit from RIDEM's Office of Air Resources, the new oxidizer must be installed within 6 months. The Respondent must document actual surplus VOC emission reduction tonnage on an annual basis each year until sixty-two (62) tons of surplus VOC reductions has been achieved. OC&I agreed to offset all but $30,000.00 of the original penalty provided the Respondent documents that the cost of the SEP project is not less than $400,000.00. The Consent Agreement includes non-compliance penalties and a requirement to purchase VOC emission credits in the event the company ceases to exist and does not operate the new oxidizer to achieve a reduction of 62 tons of VOC emissions. The Respondent has paid its agreed upon penalty of $30,000.00.

March 31, 2004 - OC&I/Wetlands File No. C02-0216 re: Ronn David property located approximately 100 feet east of Valerie Court and approximately 100 feet south of the intersection of Valerie Court and Phillips Court, Assessor Plat 28, Lot 120, in the City of Cranston. On May 27, 2003, the OC&I issued a NOV alleging that the Respondent was in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the unauthorized alteration of 6,150 square feet of Perimeter Wetland by clearing, filling, and grading and the failure to comply with several conditions of a wetland permit issued by RIDEM to the Respondent on February 1, 2000. RIDEM issued several letters to the Respondent requiring restoration of the altered wetlands but the Respondent failed to comply. OC&I ordered the Respondent to restore the freshwater wetlands and assessed an administrative penalty of $4,200.00. The Respondent files an appeal of the NOV to the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty in the amount of $2,000.00 and further agreed to remove certain unauthorized fill material and replant certain disturbed regulated wetlands with shrubs and trees. All restoration work is to be completed by June 15, 2004.

Superior Court Actions Issued:

March 25, 2004 - RIDEM plaintiff vs. Edward's Garage, Inc. defendant re: property located at 835 Main Street, Assessor's Plat 14, lot 48 in the Town of Hopkinton. On or about March 25, 2004, the RIDEM filed a complaint in Superior Court seeking compliance with an administrative Consent Agreement executed between the parties to resolve two NOVs issued by plaintiff. The NOVs were issued for violations of the Rhode Island Water Pollution Act, the Oil Pollution Control Act, the Oil Pollution Control Regulations, the UST Regulations and the Rules and Regulations for Groundwater Quality. Pursuant to the Consent Agreement, defendant Edward's Garage agreed to conduct remedial measures to address a release of petroleum at the property, conduct a full site investigation report, install all monitoring wells necessary to delineate the full extent of any contamination located on or originating from the facility on the property and pay a stipulated penalty for failure to comply. An initial site investigation report conducted in 1995 revealed the presence of petroleum contamination in the groundwater at levels exceeding 5,000 times the acceptable levels for certain chemicals. The SIR concluded that additional work was required to address the contamination at the site to prevent risk to nearby drinking water wells. Plaintiff RIDEM alleges that defendant Edwards Garage, Inc. has failed to comply with the Consent Agreement to address the contamination at the site. RIDEM is seeking injunctive relief enforcing the requirements of the Consent Agreement and the two NOVs as well as other court relief including an assessment of penalties of $1,000.00 for each day of non-compliance with the Consent Agreement.

Superior Court Actions Settled or Resolved:

None filed this month.

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