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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > March 2011 Summary

 
March 2011 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 2011. 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 8, 2011 - Solid Waste File No. SW 2011- 01 re: Hollywood Properties, LLC and Hollywood Landscaping, Inc. for property located at 3034 Post Road in the city of Warwick. Hollywood Properties, LLC owns the property. Hollywood Landscaping, Inc. operates a landscaping business on the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulations. The violation pertains to the operation of a composting facility without a license from RIDEM. The OC&I inspected the property on October 22, 2008, March 26, 2009, July 30, 2009, November 24, 2009 and January 6, 2011 and documented the violation. The inspections revealed leaves, grass clippings, and shrub trimmings stored in and around concrete bunkers. The volume of the yard waste ranged from 49 to 280 cubic yards. The yard waste was undergoing passive composting as evidenced by its dark earthy color, odors consistent with composting detected during the October 22, 2008 inspection, and steam emanating from one of the piles during the inspection on July 30, 2009. On November 13, 2008 and May 17, 2009 the OC&I issued informal written notices to Hollywood Properties, LLC for the violation; however, the Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to cease the composting operation and remove and properly dispose of all yard waste on the property. The OC&I assessed an administrative penalty of $2,500.00.

March 8, 2011 - Multi Media-Hazardous Waste and Solid Waste/File Nos. 2010-57-HW and 2011-SW-02 re: South Shore - Tiverton, LLC for a facility located at 411, 411A, 413 and 0 Bulgarmarsh Road, Assessor's Plat 117, Lots 30 and 30A in the town of Tiverton. The property includes an auto junkyard with a building and associated storage areas. The Respondent owns the property and is registered with RIDEM as a small quantity hazardous waste generator. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management, RIDEM's Oil Pollution Control Regulations, and Rhode Island's Refuse Disposal Act. The oil pollution regulations pertain to the placement of oil and gasoline onto the land and the failure to cleanup the oil and gasoline and report the release to RIDEM. The hazardous waste violations pertain to the following: failure to properly label all containers and above ground storage tanks holding used oil with the words "Used Oil"; failure to close all above ground storage tanks holding used oil except when adding or removing used oil; and failure to store all containers holding used oil on an impervious surface under a roofed structure. The solid waste violations pertain to the disposal and partial burial of 120 cubic yards of solid waste on the property (consisting of wood, tarpaper construction debris, aluminum parts, tires, steel drums, and burlap bags). An inspection of the property by OC&I on April 30, 2010 revealed the violations. In the NOV, OC&I ordered the Respondent to cease the disposal of solid waste, remove all soil impacted by the release of the oil and gasoline, comply with the hazardous waste regulations and properly dispose of the solid waste. OC&I assessed an administrative penalty of $17,500.00.

March 8, 2011 - Underground Storage Tank File No. 10- 03540 re: The Housing Authority of the City of Pawtucket for properties located at 175 Broad Street (Kennedy Manor) and 214 Roosevelt Avenue (Fogarty Manor) in the city of Pawtucket. Kennedy Manor and Fogarty Manor each include a multi-story residential apartment building and underground storage tank (UST) used for storage of diesel fuel for an emergency generator. The Respondent owns the properties. 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 (UST Regulations). The violations at the Fogarty Manor pertain to the failure to: register the UST with RIDEM; equip the UST with an automatic tank gauging system (ATG), spill containment basin, overfill protection, or a submerged fill tube; test the UST and product pipelines for tightness; and label the UST fill port. The violations at the Kennedy Manor pertain to the failure to: equip the UST with an ATG, spill containment basin, overfill protection, or a submerged fill tube; test the UST and product pipelines for tightness; and label the UST fill port. The violations were documented during an inspection by the OC&I on October 8, 2010. In 2000 and 2001 RIDEM issued letters to the Respondent for an unregistered UST at the Kennedy Manor. The Respondent subsequently registered the UST with RIDEM. In 2002, RIDEM issued a letter to the Respondent that the UST lacked a spill containment basin and overfill protection. The Respondent failed to comply with the letter. In the NOV the OC&I ordered the Respondent to remove the USTs in accordance with the UST Regulations. The OC&I assessed an administrative penalty of $78,468.00.

March 14, 2011 - Air File No. 11- 03 re: Oldcastle Lawn & Garden, Inc. for a facility located on Stilson Road in the town of Richmond. On August 1, 2007 RIDEM's Office of Air Resources (OAR) issued approval nos. 1998-1999 to Jolly Gardner Products for the installation of a 800 horsepower (HP) diesel fired engine and a 900 HP diesel fired engine. The approval limits the sulfur content of all diesel fuel burned in the 800 HP engine and the 900 HP engine to 15 parts per million (ppm) or less by weight. Jolly Gardner Products merged into Oldcastle Lawn & Garden Inc. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violations pertain to the failure to comply with the permit and the failure to obtain a permit prior to the installation and operation of an emission unit for which a permit is required. On March 16, 2010 the Respondent submitted to the OAR a minor source permit application for a 1000 HP diesel fired engine. The application stated that the 1000 HP engine was installed on October 9, 2009 and began operating on February 11, 2010. On August 23, 2010 the Respondent submitted a letter to the OAR. The letter included a table showing that the Respondent used diesel fuel with a sulfur content greater than 15 ppm by weight to operate the 800 HP and 900 HP engines. On October 4, 2010 the OAR received an electronic document from the Respondent. The electronic document stated that an 860 HP diesel fired engine was installed on September 27, 2007 to replace the 800 HP engine, that the 860 HP engine operated from September 27, 2007 through February 11, 2010, and that the 1000 HP engine was installed to replace the 860 HP engine. The 860 HP engine and the 1000 HP engine have a heat input capacity of greater than 5 million British thermal units per hour. In the NOV, OC&I ordered the Respondent to cease use of the 1000 HP engine until a minor source permit is issued by OAR. OC&I assessed a penalty in the amount of $13,000.00.

March 21, 2011 - Underground Storage Tank File No. 2010-02969 re: Town of Cumberland for property located at 37 Blackstone Street in the town of Cumberland. The property includes a public works garage and an underground storage tank (UST) used for storage of petroleum product (the facility). Respondent owns the property and operates the facility. 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 (UST Regulations). The violations pertain to the failure to: inspect the facility and complete and submit self certification forms to RIDEM; report inventory discrepancies to RIDEM; and promptly investigate all suspected leaks or releases when required by RIDEM. On January 16, 2009 the Respondent submitted to RIDEM monthly inventory records. RIDEM's review of the records revealed discrepancies for July-August 2005, September-November 2006, December 2007, and March-April 2008. The Respondent failed to report the discrepancies to RIDEM. On March 18, 2009, June 12, 2009, and December 29, 2009 RIDEM issued written notices to the Respondent requiring an investigation of the discrepancies, including performing tightness tests on the primary tank, product pipeline, and the interstitial space of the tank. On January 10, 2011 RIDEM received a report from the Respondent that documented the results of a tightness test that was performed on the primary tank and the product pipeline on October 15, 2010. The report stated that the tank and pipeline met the criteria for passing. On September 20, 2010 RIDEM issued a written notice to the Respondent for the failure to submit the self certification forms. To date, the Respondent has failed to fully comply with the notices issued in 2009 and has failed to comply with the notice issued in 2010. In the NOV the OC&I ordered the Respondents to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $9,250.00.

March 22, 2011 - Solid Waste File No. SW 2010-60 re: Wayne P. Spicer, Kerri Lynn Desnoyers, and Lina J. Spicer for property located at 41 Colwell Road in the town of Smithfield. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulations. The violation pertains to the unauthorized disposal of approximately 150 cubic yards of solid waste (consisting of abandoned motor vehicles, metal waste, used tires, plastic barrels holding unknown liquid waste, steel drums, vehicle parts, lawn tractors, and other mixed solid waste). The OC&I inspected the property on July 11, 2008, December 1, 2008 and July 22, 2010 and documented the violation. On September 30, 2008 the OC&I issued an informal written notice to Wayne Spicer and on August 12, 2010 the OC&I issued an informal written notice to Kerri Lynn Desnoyers for the violation; however, the Respondents failed to respond to or comply with the notices. In the NOV, the OC&I ordered the Respondents to test the unknown liquid waste to determine whether it meets the definition of hazardous waste and properly dispose of the waste if it's determined to be hazardous waste and remove and properly dispose of all solid waste. The OC&I assessed an administrative penalty of $6,250.00.

March 23, 2011 - Underground Storage Tank File No. 2011 - EGAN re: James Egan for property located at 150-152 Waterman Avenue, Assessor's Map 205, Block 16, Parcel 3 in the city of East Providence. The Respondent owns the property. 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 (UST Regulations). The violations pertain to the abandonment of an underground storage tank (UST) and the failure to permanently close a UST that has been removed from service. On May 5, 2009 RIDEM inspected the property. The inspection revealed that oil was flowing from the fill pipe of the UST onto the surface of the ground. During the inspection, the Respondent informed RIDEM that he had no knowledge of the UST and that he had never used the UST during the last thirty years. The Respondent contacted a private company to pump the UST, which resulted in the removal of about 299 gallons of liquid from the UST. The UST is not registered with RIDEM. On May 28, 2009, May 18, 2010 and November 4, 2010 RIDEM issued informal written notices to the Respondent for the violations. The Respondent failed to comply with the notices. In the NOV the OC&I ordered the Respondent to remove the UST in accordance with the UST Regulations. The OC&I assessed an administrative penalty of $5,000.00.

March 23, 2011 - Air File No. 11- 05 re: Rhodes Technologies, Inc. for a facility located at 500 Washington Street in the town of Coventry. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the failure to obtain a permit prior to the installation and operation of an emission unit for which a permit is required. On November 10, 2010 the Respondent submitted to RIDEM's Office of Air Resources (OAR) an application for a general permit for an emergency generator. The application stated that a 238 horsepower natural gas fired emergency generator was installed on December 12, 2009. In the NOV, OC&I assessed a penalty in the amount of $1,000.00.

March 24, 2011 - Air File No. 10-17 re: DSM NeoResins, Inc. for a facility located at 199 Amaral Street in the city of East Providence. On May 4, 2009 RIDEM's Office of Air Resources (OAR) issued revised approval nos. 1871-1874 to the Respondent. The approval requires the Respondent to: not exceed a maximum outlet exhaust temperature of 50 degrees Fahrenheit at the surface condenser; maintain a volatile organic compound (VOC) removal efficiency for the carbon adsorption system of at least 95%, unless the outlet concentration is less than 20 parts per million (ppm); and determine, on a monthly basis, the total quantity of VOC and the total quantity of each hazardous air pollutant (HAP) discharged to the atmosphere from all operations conducted at the facility, keep records of this determination and provide such records to the OAR upon request. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the failure to comply with the permit. On January 27, 2010 and January 28, 2010 OAR inspected the records and equipment of the facility. On April 2, 2010 OAR received correspondence from Sandra Wyman & Associates on behalf of the Respondent. The inspection and correspondence revealed that the Respondent failed to: maintain the outlet gas exhaust temperature from the condenser at or below 50 degrees Fahrenheit; maintain a VOC removal efficiency from the carbon adsorption system of at least 95% on June 15, 2009; record all of the individual and total HAP emissions on a monthly basis; and record the total quantity of VOC emissions on a monthly basis. In the NOV, OC&I assessed a penalty in the amount of $6,000.00.

March 28, 2011 - Freshwater Wetland File No. FW C09-0037 re: Ayn. Wardo Realty, LLC for property located at 32 Meeting Street, Assessor's Plat 2, Lot 17 in the town of Cumberland. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and filling (in the form of at least gravel, sand, rock, tree slash, logs, brick, and concrete) within the 100-year Floodplain and 200-foot Riverbank Wetland of the Blackstone River. This activity has resulted in the unauthorized alteration of approximately 40,000 square feet of freshwater wetland. The Respondent did not receive approval from RIDEM to alter the freshwater wetlands. The OC&I inspected the property on April 20, 2009, August 6, 2009, August 27, 2010 and September 16, 2010 and documented the violation. The OC&I issued informal written notices to the Respondent on July 22, 2010 for the violations and spoke with the Respondent's president on September 2, 1010. The Respondent failed to comply with the notice and continued to violate RIDEM's regulations after being notified of the violations. In the NOV, the OC&I ordered the Respondent to restore the altered wetlands. The OC&I assessed an administrative penalty of $12,500.00.

March 31, 2011 - Dam File No. 109 (Stillwater Pond Dam) re: Breakwater Nature Conservancy for property located north of Capron Road, south of the intersection of Thurber Boulevard and Stillwater Road, and southeast of Washington Highway, in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 20, 2010. The inspection revealed the following: an inoperable low level gate; overgrown vegetation on the upstream side, crest and downstream side of the main embankment and the dike embankment that did not allow a proper inspection to be performed; inadequate lighting in the basement of the southern most building that abuts the downstream side of the main embankment that did not allow a proper inspection to be performed; and trees and other vegetation in the channel downstream of the spillway that are inhibiting flow. In the NOV, OC&I ordered the Respondent to address the unsafe conditions. The OC&I did not assess an administrative penalty.

Formal Enforcement Cases Settled or Resolved:

March 9, 2011 - Solid Waste File Nos. SW00-44 and SW00-28 re: Independent Sand & Gravel of R.I., Inc. and Global Waste Recycling, Inc. for property located at 180 Colvintown Road, Assessor's Plat 92, Lot 1 in the town of Coventry. The property was formerly owned by Independent Sand & Gravel of R.I., Inc (Independent). Global Waste Recycling, Inc. formerly operated a solid waste management facility on the property (Global). The property is the subject of several NOVs issued to Global and/or Independent and other civil actions alleging violations of Rhode Island's Refuse Disposal Act. The NOVs pertained to the disposal of construction and demolition (C&D) debris and the operation of a C&D facility without a license from RIDEM. The NOVs include, but are not limited to, the following: the September 21, 2000 NOV issued to Independent (File No. SW00-044); the September 21, 2000 NOV issued to Global (File No. SW00-028); the September 27, 2000 Amended NOV issued to Independent (File No. SW00-044); and the January 10, 1991 NOV issued to Tri-Town Sand and Gravel, William Bettez, Bettez Construction, Inc. and Bettez Recycling (File No. C91-0004) (collectively, the NOVs). The property is also subject to certain lawsuits, including Jan Reitsma v. Global Waste Recycling, Inc. and Bettez Construction Company, Inc. v. Keeney (the NOVs and lawsuits hereinafter collectively referred to as the Actions). RIDEM reached an agreement with Global and Independent on December 13, 2006 to resolve the Actions. The agreement required Global and Independent to take certain actions pursuant to a Consent Judgment that was to be filed in Kent County Superior Court pursuant to KC00-57 (the Consent Judgment). Global and Independent failed to file the Consent Judgment with Kent County Superior Court and failed to comply with the terms of the Consent Judgment. On June 18, 2010 Rockwood Realty LLC (Rockwood) purchased the property. J.R. Vinagro Corporation (Vinagro) currently operates a gravel excavation business on the property. In lieu of proceeding to Superior Court to enforce the Actions, RIDEM, Rockwood and Vinagro executed a Consent Agreement to resolve the issues raised in the Actions. Rockwood and Vinagro agreed to manage the remaining solid waste on the property in accordance with a remedial plan approved by RIDEM and pay an administrative penalty of $100,000.00 in installments. The first installment of $15,000.00 was paid upon execution of the Agreement. The remaining payments shall be paid in quarterly installments of $7,083.00.

March 9, 2011 - 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. On June 4, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to the alteration of freshwater wetlands on the property without a permit from RIDEM. This activity resulted in the unauthorized alteration of approximately 12,000 square feet of wetland. In the NOV, the OC&I ordered the Respondent to restore all freshwater wetlands and assessed an administrative penalty of $1,750.00. 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 NOV. The Respondent agreed to restore the altered freshwater wetlands and pay a penalty of $890.00, which was paid upon execution of the Agreement.

March 9, 2011 - Hazardous Waste File No. 2009 2967 HW re: American Plating Co., Inc. for property located at 41 Wheatland Avenue in the city of Cranston. The Respondent operates a facility that is used for electroplating of metal products at the property and is registered with RIDEM as a small quantity hazardous waste generator. On October 21, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to the failure to: label containers with the words "Hazardous Waste", the name and address of the generating facility, the USDOT shipping name, the EPA or Rhode Island waste code, the accumulation start date, and/or the hazardous waste manifest number; store containers holding liquid hazardous waste in an area that has a containment system; provide annual refresher training for all employees managing hazardous waste; maintain records regarding job title, job description, type and amount of hazardous waste management training required for the company's job positions; submit to RIDEM a list of agents authorized by the company to sign uniform hazardous waste manifests for offsite shipments of hazardous waste; and complete and submit a Small Quantity Generator Report when required by RIDEM. In the NOV, OC&I ordered the Respondent to take specific actions to correct the violations and assessed an administrative penalty of $27,234.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent submitted documents to the OC&I showing that the company suffered substantial financial losses as a result of the March 2010 floods. The Respondent agreed to pay a penalty of $484.00, which was paid upon execution of the Agreement.

March 10, 2011 - Freshwater Wetland File No. C08-0011 re: Richard and Anneke Pilavin for property located approximately 100 feet northeast of Meadow Road, adjacent to house number 6, approximately 150 feet northwest of the intersection of Meadow Road and Pine Tree Lane, Assessor's Plat 26, Lot 272 (formerly Plat 26, Lot 64) in the town of Lincoln. On May 18, 2009 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, filling (in the form of soil material and stones), and constructing portions of a retaining wall within Swamp and clearing, filling (in the form of at least soil material and stones) and constructing portions of a retaining wall and patio stairs within the 50-foot Perimeter Wetland of the Swamp. These activities resulted in the unauthorized alteration of 10,800 square feet of freshwater wetland. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $8,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the altered freshwater wetlands in accordance with a plan approved by OC&I and pay a penalty of $8,000.00, which was paid upon execution of the Agreement.

March 14, 2011 - Freshwater Wetland File No. FW C10-083 re: Dedicated Builders, LLC, JCM, LLC and James C. McKee for property located approximately 500 feet southeast of the intersection of Howard Road and Louise F. Luther Drive, Assessor's Plat 23, Lots 10, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, and 222 in town of Cumberland (the property). Dedicated Builders, LLC owns lots 213 and 214. Dedicated Builders, LLC and/or James C. McKee formerly owned all the lots. On May 31, 2007, James McKee and JCM, LLC submitted a Request for Preliminary Determination to RIDEM's Office of Water Resources (OWR) for approval to alter freshwater wetlands associated with the construction of a 14 -lot subdivision on the property. On November 10, 2010 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the construction of a storm water drainage system (with catch basins and drainage pipes) associated with the 14-lot subdivision and the discharge of storm water from the subdivision into 200-foot Riverbank Wetland and into Abbott Run Brook, clearing and grading in the Riverbank Wetland to install a lawn and shed; and erosion and discharge of sediment from the subdivision into the Riverbank Wetland and Abbott Run Brook. This activity resulted in the unauthorized alteration of 3,450 square feet of freshwater wetland. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property and permanently cease the discharge of storm water. OC&I assessed an administrative penalty of $17,250.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the altered freshwater wetlands, remove the silt within the storm water basin constructed as part of the storm water drainage system, and construct improvements to the storm water basin to comply with RIDEM's regulations. The Respondents also agreed to pay the full penalty in installments. The first installment of $4,000.00 was paid upon execution of the Agreement. The remaining payments shall be paid in quarterly installments of $500.00 with a final payment of $250.00.

March 18, 2011 - Air File No. 11- 03 re: Oldcastle Lawn & Garden, Inc. for a facility located on Stilson Road in the town of Richmond. On August 1, 2007 RIDEM's Office of Air Resources (OAR) issued approval nos. 1998-1999 to Jolly Gardner Products for the installation of a 800 horsepower (HP) diesel fired engine and a 900 HP diesel fired engine. The approval limits the sulfur content of all diesel fuel burned in the 800 HP engine and the 900 HP engine to 15 parts per million (ppm) or less by weight. Jolly Gardner Products merged into Oldcastle Lawn & Garden Inc. On March 14, 2011 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violations pertained to the failure to comply with the permit and the failure to obtain a permit prior to the installation and operation of an emission unit for which a permit is required. On March 16, 2010 the Respondent submitted to the OAR a minor source permit application for a 1000 HP diesel fired engine. The application stated that the 1000 HP engine was installed on October 9, 2009 and began operating on February 11, 2010. On August 23, 2010 the Respondent submitted a letter to the OAR. The letter included a table showing that the Respondent used diesel fuel with a sulfur content greater than 15 ppm by weight to operate the 800 HP and 900 HP engines. On October 4, 2010 the OAR received an electronic document from the Respondent. The electronic document stated that an 860 HP diesel fired engine was installed on September 27, 2007 to replace the 800 HP engine, that the 860 HP engine operated from September 27, 2007 through February 11, 2010, and that the 1000 HP engine was installed to replace the 860 HP engine. The 860 HP engine and the 1000 HP engine have a heat input capacity of greater than 5 million British thermal units per hour. In the NOV, OC&I ordered the Respondent to cease use of the 1000 HP engine until a minor source permit is issued by OAR. OC&I assessed an administrative penalty of $13,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid the penalty in full to resolve the NOV.

March 18, 2011 - Septic System File No. CI 09-49 re: Michael and Debra Smith for property located at 27 Hazard Street (also identified as 2 Knight Street), Assessor's Plat 63, Lot 125 in the town of Coventry. The property includes a 3-bedroom two family dwelling that is owned by the Respondents. On July 28, 2010 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In the NOV, the OC&I ordered the Respondents to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system. The OC&I assessed an administrative penalty of $1,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to minimize water usage, pump the system as needed to prevent overflows, connect all the plumbing from the dwelling to the public sewerage system when it becomes available in calendar year 2012 and pay an administrative penalty of $250.00, which was paid upon execution of the Agreement.

March 23, 2011 - Hazardous Waste File No. 2009-76 HW re: Harris Industries, Inc. for a facility located at 181 Conant Street in the city of Pawtucket. The facility manufactures flexographic printing products and is registered with RIDEM as a small quantity hazardous waste generator at the facility. On December 31, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertained to Respondent's failure to: properly label each container holding hazardous waste; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; store hazardous waste onsite for a period of time that does not exceed ninety days; provide a containment system for all drums and containers holding liquid hazardous waste in storage onsite; maintain adequate aisle space to allow for unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment; equip the facility with spill control equipment of sufficient type and quantity to respond to spills or unplanned releases of hazardous materials and waste; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; conduct weekly inspections of container storage areas looking for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection; submit to OC&I a list of agents authorized by the company to sign uniform hazardous waste manifests for shipments of hazardous waste; provide training for all employees who manage hazardous waste; and submit a small quantity generator report when required by RIDEM. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. OC&I assessed an administrative penalty of $35,316.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $9,066.00.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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