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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > March 2005 Summary

 
March 2005 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 2005. 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:

March 7, 2005 - OC&I/Hazardous Waste File No. 04-084 and Solid Waste File No. 05-010 re: Immortal Land Development, LLC for property located at 1117 Douglas Avenue, Assessor's Plat 5, Lot 764, in the City of North Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"), the Code of Federal Regulations ("CFR") pertaining to the management of hazardous waste enforced by RIDEM and Rhode Island's Refuse Disposal Act (Rhode Island General Law (R.I.G.L.) § 23-19.9-5). The violations pertain to the Respondent's failure to manage approximately 15 tons of spent abrasive blasting media in containers and on the ground consistent with the Hazardous Waste Regulations and the CFR. The material was determined to be a characteristic hazardous waste based on the concentration of lead in the waste. The Respondent failed to properly label all containers of hazardous waste, failed to keep all containers holding hazardous waste closed, failed to maintain containers holding hazardous waste in good condition at all times, failed to notify the RIDEM in the event of a release of hazardous waste, failed to take immediate steps to clean up the release, and failed to determine if any of the wastes under the control of the Respondent meet any of the definitions of hazardous waste. In addition, the Respondent was storing approximately 50 cubic yards of mixed solid waste on the property without any approval or license to dispose or store the waste. At the time of the issuance of the NOV, the Respondent had removed all hazardous waste from the property. In the NOV, the OC&I ordered the Respondent to cease the disposal of all solid waste and to remove all solid waste to a licensed solid waste management facility. A penalty in the amount of $28,750.00 was assessed in the NOV. The Respondent has filed an appeal of the NOV with RIDEM's AAD.

March 8, 2005 - OC&I/Oil Pollution Control File No. 05-01 re: Providence Petroleum, Inc. and Charles C. Potter for property located at 1304 Eddy Street, Assessor's Plat 87, Lot 1, in the City of Providence. The OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Control Act (R.I.G.L. § 46-12 -1 et seq.), Rhode Island's Oil Pollution Control Act (R.I.G.L. § 46-12.5-1 et seq.), and RIDEM's Oil Pollution Control Regulations. The violations pertain to a release of approximately 200 gallons of No. 2 heating oil onto the ground and into a nearby storm water catch basin. The release occurred during the transfer of oil from one tanker truck to another. The Respondents failed to report the release of oil immediately to RIDEM and the Providence Fire Department and failed to submit a written report to RIDEM regarding the release and clean up of the oil. The release resulted in oil or pollutants entering a location where they were likely to enter waters of the State. RIDEM supervised the remedial activity needed to clean up the oil released to the storm drainage system. A penalty in the amount of $10,000.00 was assessed against the Respondents for the alleged violations. The Respondents have filed an appeal of the NOV with RIDEM's AAD.

March 15, 2005 - OC&I/Septic System File No. CI04-116 re: Ann E. Maguire, Denise J. Eaton and Dennis R. Hughes, (the Respondents) for property located at 34 Baltimore Avenue, Assessor's Plat T, Lot 491, in the Town of Narragansett. The property is owned by the Respondents and includes a single family home. 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 a failed septic system. The DEM inspector advised Respondent Ann Maguire of the violation at the time of the inspection and left a copy of a Field Inspection -Septic System Failure Report form and a Required Actions Summary Sheet at the Respondents' property. On May 12, 2004, DEM received a voicemail message from Respondent Dennis Hughes that a licensed designer was being retained to address the violation. To date, the Respondents have failed to contact DEM with verification, failed to submit an evaluation of the ISDS by a licensed designer and failed to submit any proposal to resolve the violation. In the NOV the Respondents were ordered to immediately take steps to reduce the discharge of sewage to the ISDS, submit a written proposal for a permanent solution, submit an ISDS repair application, if necessary, and commence work after approval is given by the DEM. OC&I assessed a penalty in the amount of $1,000.00.

March 25, 2005 - OC&I Hazardous Waste File No. 04-091 and Solid Waste File No. 04-045 re: Ronald C. D'Agostino, Dolores R. D'Agostino, D'Agostino's Auto Sales and Salvage, Inc., D'Agostino's Auto Body and Allen's Avenue Auto Salvage, Inc. for two separate properties located at 1174 Douglas Avenue (rear), Assessor's Plat 06, Lot 457 in the Town of North Providence ("the Douglas Avenue Property") and 85 Ellenfield Street, Assessor's Plat 101, Lots 0479 and 0780 and Plat 058, Lot 0811 in the City of Providence ("the Ellenfield Street Property"). Respondents Ronald C. D'Agostino and Dolores R. D'Agostino own the Properties. A business known as D'Agostino's Auto Salvage, otherwise known as D'Agostino's Auto Parts, is operated at the Douglas Avenue Property. D'Agostino's Auto Sales & Salvage, Inc. is operated at the Ellenfield Street Property. The President of D'Agostino's Auto Sales & Salvage, Inc. is Dolores D'Agostino. Allens Avenue Auto Salvage, Inc. is operated at the Ellenfield Street Property. The President of Allens Avenue Auto Salvage, Inc. is Dolores D'Agostino. A business known as D'Agostino's Auto Body operates at the Ellenfield Street Property. The OC&I alleges that the Respondents violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"), the Code of Federal Regulations ("CFR") pertaining to the management of hazardous waste enforced by RIDEM and Rhode Island's Refuse Disposal Act (R.I.G.L. § 23-19.9-5). Following a fire at the Douglas Avenue Property, OC&I inspectors observed 40-50 abandoned automobile gas tanks stored on the property exposed to the weather with open ports and waste gasoline in the tanks. OC&I's investigation revealed that the Respondents had not determined if any of their wastes met the definition of a hazardous waste and did not have any records at the Douglas Avenue Property pertaining to the management of hazardous waste. Storage of the gas tanks was considered to be in noncompliance with the Refuse Disposal Act. During an inspection at the Douglas Avenue Property, OC&I inspectors were advised that all records related to hazardous waste management were maintained at the Ellenfield Street Property. Upon inspection of the Ellenfield Street Property and the multiple businesses being operated at that location, OC&I observed multiple hazardous waste violations. The hazardous waste violations observed on both properties pertained to the Respondents' failure to determine if any of their wastes meet any of the definitions of hazardous waste, failing to properly label all containers holding hazardous waste, failing to mark each container holding hazardous waste with the date waste initially began to accumulate, failing to record weekly inspections of hazardous waste containers, failing to develop a contingency plan to minimize hazards in the event of a fire, spill or release to the environment, failing to provide annual hazardous waste management training to employees who handle hazardous waste and to maintain records of such training, and failing to submit to the RIDEM the names and signatures of the persons the generator has authorized to sign the hazardous waste manifest. In the NOV, the OC&I ordered the Respondents to achieve compliance with the law and regulations and assessed a penalty in the amount of $34,735.25.

March 25, 2005 - OC&I/UST File No. 05-TORTI re: Edward A. Torti for property located at 33 Magnolia Street and 30 Agnes Street, Assessor's Plat 37, Lots 1 and 65 in the City of Providence. 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 register 2 USTs that exist on the property, abandoning the USTs and their associated systems without approval from the RIDEM and failing to permanently close the UST systems as required by the UST Regulations. In the NOV, the OC&I ordered the Respondent to submit a permanent closure application to the RIDEM and to complete the removal of the USTs from the properties. A penalty in the amount of $24,181.00 was assessed for the noncompliance.

Formal Enforcement Cases Settled or Resolved:

March 3, 2005 - OC&I/UST File No. 04-01064 re: Cumberland Farms, Inc. and Grasso's Service Center, Inc. for property located at 35 Plainfield Street, Assessor's Plat 105, Lot 416 in the City of Providence. On May 7, 2004 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to properly comply with the UST Regulations regarding the installation of automatic tank gauging devices for single-walled USTs, precision testing of USTs, installation of spill containment basins, abandonment of UST systems, temporary closure of any UST system for more than 180 days without approval of the Director, submittal of applicable test reports and maintenance of test records. In the NOV OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed a penalty in the amount of $12,171.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. Prior to execution of the Consent Agreement, the Respondents were able to document that they were currently in compliance with the UST Regulations and were moving to remove USTs from the property. A penalty in the amount of $6,800.00 was agreed upon to settle the enforcement action. The reduced penalty has been paid in full.

March 14, 2005 - OC&I/Septic System File No. D2034 re: Richard Bzdyra for an individual sewage disposal system (ISDS) design and installation prepared and overseen by the Respondent as a licensed ISDS designer. On January 18, 2005 OC&I issued a NOV alleging that the Respondent violated the Rhode Island General Law Sections 5-56.1-7(a) and 5-56.1-7(c) and the ISDS Regulations. The violations pertain to RIDEM review of an ISDS Repair Application submitted by the Respondent for property located at 86 Lookout Avenue, Assessor's Plat 9, Lot 153 in the Town of Johnston and the construction of the ISDS at the property. The violations include the following: failure to notify RIDEM of a subsurface drain located within 25 feet of the ISDS that was identified during construction; failure to submit the Certificate of Construction ("COC") within 5 days of completion of the ISDS (the COC was submitted approximately 5 months late); failure to show the underdrain on the COC; failure to obtain sufficient soil information to design the ISDS properly (a supplemental water table report submitted to RIDEM determined that the proper water table depth was 4.0 feet, not 7.5 feet as shown on the Repair Application); and failure to address the property owner's concerns in a timely manner (the property owners notified the Respondent in January 2003 that the ISDS was not functioning properly; however, the Respondent did not address the owners' concerns). The findings of RIDEM's review of the ISDS Application were presented to the ISDS Designer Licensing Review Panel (Panel). The Panel is composed of 5 members who have expertise in ISDS issues and who are not employed by RIDEM. The Panel is appointed by the Director to review the actions of licensed designers and make recommendations to RIDEM on whether a designer's license should be suspended or revoked and the length of time for the suspension or revocation. The Panel did not recommend revocation or suspension of the Respondent's license, but it did recommend that RIDEM assess an administrative penalty. After reviewing the foregoing facts, RIDEM decided to accept the Panel's recommendation. In the NOV OC&I assessed a penalty of $2,100.00. The Respondent paid the full penalty of $2,100.00.

March 18, 2005 - OC&I/Hazardous Waste File No. 04-070 re: the Rhode Island Hospital for property located at 593 Eddy Street, Assessor's Plat 22, Lot 349 in the City of Providence. On February 25, 2005, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management (the "Hazardous Waste Regulations"). The violations pertained to the Respondent's failure to label satellite containers (100 in number) holding hazardous waste, failure to keep containers of hazardous waste closed except when adding or removing waste, failure to ensure that all storage containers of hazardous waste have an accumulation start date on the hazardous waste labels, failure to provide annual training to all employees who handle hazardous waste and to maintain records of the training, and failure to properly manage universal hazardous waste at the property. The OC&I inspected the Respondent's facility on 14 and 15 June 2004 and discovered the alleged violations. The OC&I advised the Respondent of the violations and actions necessary to achieve compliance. The OC&I conducted follow up inspections of the facility on 17 September and 1 October 2004 and confirmed that all violations were corrected. In the NOV, the OC&I assessed a penalty in the amount of $11,100.00 for the Respondent's previous noncompliance. The Respondent paid the penalty in full to resolve the enforcement action.

March 25, 2005 - OC&I/Solid Waste File No. 04-015 re: Harmony Realty Associates, LLC for property located at 296 Putnam Pike, Assessor's Plat 17, Lots 175 in the Town of Glocester. On April 26, 2004, the OC&I issued a NOV alleging that the Respondent violated Rhode Island's Refuse Disposal Act and RIDEM's Hazardous Waste Regulations. The solid waste violations pertain to the disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license from the RIDEM. An inspection of the property revealed the presence of approximately 4,638 cubic yards of solid waste including wood waste, tree waste, plastic, used vehicle tires, scrap metal, tanks, white goods, unregistered vehicles and other mixed solid waste. The Hazardous Waste violation pertained to the Respondent's failure to determine if liquid waste contained in a 55-gallon container on the property meets the definition of a hazardous waste. The OC&I had issued a Letter of Non-Compliance to the Respondent on April 10, 2001 requiring Respondent's compliance with the Refuse Disposal Act and RIDEM's Hazardous Waste Regulations. The Respondent failed to comply. In the NOV, the OC&I ordered the Respondent to cease acceptance of solid waste on the property, remove the solid waste to a licensed solid waste management facility within 90 days of receipt of the NOV, and immediately determine if the liquid waste on site meets the definition of hazardous waste. In the event the liquid waste meets the definition of a hazardous waste, the Respondent was required to manage and dispose of the waste in accordance with the Hazardous Waste Regulations. A penalty in the amount of $21,250.00 was assessed in the NOV. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent had already resolved the hazardous waste violation and had already commenced removal of solid waste from the property. In the Consent Agreement, the Respondent agreed to complete the removal of remaining solid waste from the property no later than October 1, 2005. This remaining waste is in the form of tree slabs from a sawmill operation. The Respondent agreed to pay a penalty in the amount of $10,000.00. OC&I agreed to allow the Respondent to pay $1,000.00 upon execution of the Consent Agreement and the remaining $9,000.00 in 9 equal and consecutive monthly payments.

March 25, 2005 - OC&I/AIR File No. 04-07 re: Rhode Island College for its facility located at the Rhode Island College Campus at 600 Mount Pleasant Avenue in the City of Providence. On January 12, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control ("APC") Regulations. The violations pertained to the Respondent's failure to equip its York Shipley boiler rated at 16.8 million Btu per hour with an operating and properly calibrated opacity monitor and an audio alarm to sound when emissions exceed 20 per cent opacity, failure to submit a completed emissions inventory for its facility signed by the certifying official within the prescribed timeframe specified by the APC Regulations and failure to adhere to all terms of the Respondent's Title V Emissions Cap permit by not documenting the amount of fuel burned on a monthly basis and not keeping accurate records. In the NOV, OC&I ordered the Respondent to achieve compliance with the APC Regulations and the College's Emissions Cap permit by providing all overdue documents and records, repairing or replacing the opacity monitor and maintaining/submitting monthly records and other documents as required. A penalty in the amount of $6,500.00 was assessed for the Respondent's noncompliance. 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 was able to document to OC&I that it had resolved all violations noted in the NOV and was currently in compliance with the APC Regulations. The OC&I accepted a reduced penalty in the amount of $5,200.00. The agreed upon penalty has been paid in full.

Superior Court Actions Issued:

March 31, 2005 - OC&I/Septic System File No. CI94-360, Superior Court Complaint C.A. No. PC 05-1612 re: Terrence Gray, Acting Director, Plaintiff vs. June St. Peter, Defendant for property located at 17/19 Adams Street, Assessor's Plat 293, Lot 705 in the City of Warwick. The property includes a multi-family (2-unit) dwelling. On October 28, 2003, the OC&I issued a NOV to the Defendant alleging that the Defendant violated RIDEM's ISDS Regulations. The violations pertained to the discharge of sewage to the surface of the ground and onto Adams Street from the septic system for the dwelling. RIDEM previously advised the Defendant of the violation on or about July 17, 1995. The Defendant failed to take appropriate action to resolve the violation. In the NOV OC&I ordered the Defendant to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system, and connect to the public sewerage system. OC&I assessed a penalty in the amount of $2,000.00. The Defendant failed to file an appeal of the NOV. Pursuant to R.I.G.L. § 42-17.1-2(u)(5), a compliance order becomes effective upon the failure of a Respondent to timely request a hearing after receipt of a NOV and such order is enforceable in the Superior Court. In the Superior Court Complaint, Plaintiff Acting Director Gray seeks relief including an order to cease all sewage discharge at the Property, an order to pump the septic system to prevent over flow and continue pumping until the dwelling is connected to the public sewer system, an order requiring that the dwelling be connected to the public sewer system and an order requiring the Defendant to pay the assessed penalty in full.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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