March 2014 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 2014. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

March 4, 2014 - Water Pollution File No. 14-8 X-ref RIPDES RIR100952 re: Coast to Coast Holdings, Inc. for property located at 773 Victory Highway in the town of West Greenwich. On April 22, 2013 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity to the Respondent. The permit requires the Respondent to maintain a Storm Water Pollution Prevention Plan (SWPPP) at the property at all times. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertains to the Respondent's failure to comply with its permit. On October 24, 2013 the RIDEM inspected the property. The inspection revealed that the SWPPP was not on site. In the NOV, the OC&I assessed an administrative penalty of $2,500.00.

March 12, 2014 - Dam File No. 455 (Boucher Farm Dam) re: Gary M. Appolonia and James H. Paolucci for property located approximately 550 feet northwest of the intersection of Cowesett Avenue and Coit Avenue in the town of West Warwick. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondents own the dam. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondents' failure to maintain the dam in a safe condition and the failure to submit a registration form for the dam to the OC&I. The dam was inspected on December 8, 2011. The inspection revealed heavy vegetation and leaf cover on the upstream embankment, crest and downstream embankment that did not allow a proper inspection to be performed. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection. On June 17, 2013, the OC&I issued certified letters to the Respondents that included a registration form for the dam. The Respondents were required to complete and return the form to the OC&I by July 6, 2013. The Respondents have not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondents to submit the registration form, remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

March 12, 2014 - Dam File No. 424 (Block Island Rod and Gun Club Pond Dam) re: Estate of George Russell James for property located approximately 296 feet northeast of the intersection of Connecticut Avenue and Old Town Road and approximately 667 feet southeast of Old Town Road in the town of New Shoreham. 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 Respondent's failure to maintain the dam in a safe condition. The dam was inspected on June 27, 2012. The inspection revealed the following conditions: vegetation on the upstream and downstream embankment that did not allow a proper inspection to be performed; vegetation in the downstream channel below the primary spillway that was impacting flow; and no auxiliary spillway present. A plan on file with the RIDEM for the dam that was approved on September 21, 1949 show an auxiliary spillway located at the left abutment that consists of a riprapped, 5 foot deep, trapezoidal channel that extends from the upstream side to over 100 feet downstream and into the discharge channel. No approval was issued by the RIDEM for the removal of the auxiliary spillway. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The NOV also ordered the Respondent to have the engineer submit an application to the OC&I to construct an auxiliary spillway that passes the same flow as shown on the approved plan. Upon approval of the application by the OC&I, the Respondent was ordered to complete all work in accordance with the approval. The OC&I did not assess an administrative penalty.

March 12, 2014 - OWTS File 13-87 re: The Estate of Robert L. Park for property located at 21 Lewiston Avenue in the town of Richmond. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On September 23, 2013, the OC&I inspected the property and documented the violation. On September 25, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required specific actions to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00.

March 17, 2014 - Dam File No. 480 (Warren Reservoir Upper Dam) re: Bristol County Water Authority for property located approximately 3900 feet east of the intersection of Market Street and Schoolhouse Road and approximately 200 feet north of Schoolhouse Road in the town of Warren. 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 Respondent's failure to maintain the dam in a safe condition. The dam was inspected on June 20, 2012. The inspection revealed the following conditions: heavy vegetation on the upstream embankment, crest, downstream embankment, concrete intake structure and low level outlet that did not allow a proper inspection to be performed; unknown operability of the low level gate; and unknown location for the spillway. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection. The OC&I considers that the dam may be unsafe because of the unknown operability of the low level gate and the unknown location and condition of the spillway. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The inspection must verify the operation of the low level gate and spillway. The OC&I did not assess an administrative penalty.

March 17, 2014 - Dam File No. 479 (Warren Reservoir Lower Dam) re: Bristol County Water Authority for property located approximately 795 feet east of the intersection of Serpentine Road and Child Street and approximately 105 feet north of Child Street in the town of Warren. 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 Respondent's failure to maintain the dam in a safe condition. The dam was inspected on June 20, 2012. The inspection revealed the following conditions: vegetation on the left abutment of the spillway that did not allow a proper inspection to be performed and unknown operability of the low level gate. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection. The OC&I considers that the dam may be unsafe because of the unknown operability of the low level gate. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The inspection must verify the operation of the low level gate. The OC&I did not assess an administrative penalty.

Formal Enforcement Cases Settled or Resolved:

March 7, 2014 - Water Pollution File No. 13-61 re: King's Carpet & Upholstery Cleaning, Inc. The Respondent owns and operates a commercial, residential and industrial carpet and upholstery care business. On December 13, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act and the RIDEM's Water Quality Regulations. The violation pertained to the unauthorized discharge of pollutants (in the form of cleaning wastewater) into a location where it is likely to enter the waters of the State (a storm water drainage system located at the end of Waterman Avenue in the city of Cranston that discharges directly to Blackmore Pond). On August 29, 2013 the RIDEM received electronic mail and photographs taken by a citizen on that day and a police report from an officer of the Cranston Police Department who responded to the scene that day. The documents show the Respondent's van, the storm drainage system cover wetted by soap suds and wastewater, and soap suds floating on the surface of Blackmore Pond. The officer reported that the Respondent's employees admitted to emptying the wastewater into the storm drainage system. In the NOV, the OC&I assessed an administrative penalty of $2,500.00. The Respondent did not file an appeal of the NOV with the AAD. The Respondent offered to pay $1,000.00, which the OC&I agreed to accept. The penalty was paid, which resolved the NOV.

March 24, 2014 - Water Pollution File Nos. 14-29 and 10-092 X-ref RIPDES RIR040000 re: Town of Johnston. The Respondent is the owner and operator of a storm water collection system within the town of Johnston. On December 19, 2003, the RIDEM's Office of Water Resources (OWR) issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit RIR040000, entitled Stormwater Discharge from Small Municipal Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s (General Permit). The General Permit authorizes the discharge of storm water from small municipal separate storm sewer systems (MS4s) that are operated by regulated small MS4s. On March 18, 2004 the Respondent submitted to the OWR a Notice of Intent and a Storm Water Management Program Plan (SWMPP) to obtain coverage under the General Permit. On October 31, 2005 the Respondent obtained coverage under the General Permit (MS4 Permit). The MS4 Permit requires the Respondent to: submit a revised SWMPP and scope of work to the OWR to implement nonstructural or structural storm water controls in response to Total Maximum Daily Load (TMDL) determinations by the OWR within 180 days of notification by the OWR; submit annual reports to the OWR; implement a public education program; issue public notices and provide an opportunity for public comment; implement an illicit discharge detection program; implement a construction site storm water runoff control program; implement a post construction storm water management program for new development and redevelopment projects; and implement a pollution prevention and good housekeeping program for municipal operations. On November 22, 2010 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's RIPDES Regulations. The violation pertained to the Respondent's failure to comply with numerous provisions of its MS4 permit. On January 31, 2007, the OWR invited all MS4s to participate in a voluntary education outreach program that would satisfy the requirement in the General Permit. The Respondent chose not to participate in this program. On August 29, 2007, the OWR advised the Respondent in a letter that a TMDL water quality restoration plan was completed for the Woonasquatucket River. The letter advised the Respondent that storm water from its MS4 was contributing to bacteria and dissolved metals impairments in the Woonasquatucket River. The Respondent failed to submit an amended SWMPP in response to the TMDL determination. In 2009, the OWR reviewed the status of compliance for each MS4 in the State. The review revealed that the Respondent failed to: implement a public education program; provide public notice of the annual reports for 2006, 2007 and 2008; implement an illicit discharge detection program; implement a construction site storm water runoff program; implement a post construction storm water management program for new development and redevelopment projects; and implement a pollution prevention and good housekeeping program for municipal operations. The OWR issued informal notices to the Respondent on January 26, 2009, April 24, 2009, and April 9, 2010 for the violations. The Respondent failed to respond to or comply with any of the notices. In the NOV the OC&I ordered the Respondent to attain compliance with its MS4 Permit, including developing and implementing a mechanism that provides long term funding to manage the storm water program in compliance with its MS4 Permit. The OC&I assessed an administrative penalty of $25,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with paragraphs 1 through 4 of 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 complete all the remaining work necessary to come into compliance with its MS4 Permit by July 1, 2019. The OC&I agreed to waive the administrative penalty assessed in the NOV.

March 25, 2014 - Air File No. 13-11 re: Westcott Terrace LLC for a facility located at 319 Providence Street in the town of West Warwick. On November 8, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of a generator at the facility without a permit from the RIDEM. On February 29, 2012 the RIDEM received an application for a general permit for a distributed generator with a maximum heat input capacity of 948,600 British thermal units per hour. In letters sent dated January 3, 2013 and May 8, 2013, the RIDEM informed the Respondent that the generator was not eligible for a general permit and that the Respondent must submit a minor source permit application. On July 23, 2013 the RIDEM inspected the facility. The inspection revealed that the generator was installed and operable. The RIDEM determined that the generator was installed in January 2013 with an initial start up in April 2013. The Respondent failed to submit a minor source permit application for the generator to the RIDEM. In the NOV, the OC&I ordered the Respondent to submit the minor source permit application to the RIDEM within 30 days and correct any deficiencies with the application within 30 days of notification by the RIDEM of such deficiencies. The OC&I assessed an administrative penalty of $5,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and offered to pay $4,000.00 for the administrative penalty. The OC&I agreed to accept this offer, which was paid to resolve the NOV.

March 27, 2014 - Air File No. 13-13 re: City of Newport for a wastewater treatment facility located at 250 Connell Highway in the city of Newport. The Respondent owns the facility. On January 2, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation of a carbon scrubber to control hydrogen sulfide emissions from the facility without a permit from the RIDEM. On October 19, 2012 the RIDEM received a registration form from United Water on behalf of the Respondent for the scrubber. The form stated that the scrubber was installed on October 1, 2012. The RIDEM determined that the scrubber has the potential to increase emissions of hydrogen sulfide by greater than the minimum quantity for that contaminant, 10 pounds per year, as specified in the RIDEM's APC regulations. On June 10, 2013, the RIDEM informed the Respondent that the scrubber was not eligible for registration and required a minor source permit. On September 13, 2013 the RIDEM received a minor source permit application from the Respondent for the scrubber. In the NOV, the OC&I assessed an administrative penalty of $1,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent met with the RIDEM and provided documentation to show that the scrubber has not been put into use. For this reason the OC&I agreed to waive the administrative penalty, which resolved the NOV. The Respondent agreed not to put the scrubber into use until the RIDEM issues a permit for the scrubber.

March 31, 2014 - OWTS File Nos. 12-158 and CI 12-122 re: William A. Bessette and Tammy J. Bessette for property located at 41 Shippee Schoolhouse Road in the town of Foster. The property includes a residential dwelling and is owned by the Respondents. On January 8, 2013 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the repair of the onsite wastewater treatment system (OWTS) without an approval by the RIDEM and by an individual who does not possess a valid RIDEM license to install OWTSs. The RIDEM observed the ongoing work on November 16, 2012. On December 3, 2012 Mr. Bessette stated to the OC&I in a telephone conversation that he had replaced broken pipes, repaired the distribution box, added additional pipes, and replaced crushed stone associated with the OWTS. Mr. Bessette does not possess a valid RIDEM license to install OWTSs. In the NOV, the OC&I ordered the Respondents to immediately cut and cap the effluent discharge pipe from the septic tank prior to the distribution box such that the septic tank functions as a holding tank and sewage is not discharged to the subsurface or surface of the ground, pump the septic tank as often as necessary to prevent sewage overflows, and repair the OWTS in accordance with an approval issued by the RIDEM. The OC&I assessed an administrative penalty of $1,000.00 to the Respondents for repairing an OWTS without an approval from RIDEM and $1,000.00 to Mr. Bessette for repairing an OWTS without a valid license to install OWTSs. The Respondents did not file an appeal of the NOV with the AAD. The Respondents complied with the Order section of the NOV and provided financial records to the OC&I to show that the Respondents do not have the financial ability to pay any portion of the administrative penalty. For this reason the OC&I waived the administrative penalty, which resolved the NOV.

March 31, 2014 - OWTS File Nos. 13-36 and CI 13-26 re: W. Robert Foreman for property located at 24 Main Street in the town of North Kingstown. The property includes a residential dwelling and is owned by the Respondent. On November 25, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On May 23, 2013, the OC&I inspected the property and documented the violation. On September 3, 2013 the Respondent submitted to the RIDEM an application to repair the OWTS, which was approved by the RIDEM on September 10, 2013. The Respondent failed to initiate construction of the OWTS repair. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows and repair the OWTS in accordance with the approval issued by the RIDEM. The OC&I assessed an administrative penalty of $800.00. The Respondent did not file an appeal of the NOV with the AAD. The Respondent complied with the Order section of the NOV and provided financial records to the OC&I to show that the Respondent does not have the financial ability to pay any portion of the administrative penalty. For this reason the OC&I waived the administrative penalty, which resolved the NOV.

March 31, 2014 - OWTS File No. CI 11-96 re: Jill Trelease for property located at 32 Seaspray Way in the town of Little Compton. The property includes a residential dwelling and is owned by the Respondent. On November 28, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On June 15, 2011 the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the plumbing for the dwelling to the town's sewerage system (if sewers will be available within one year) or repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,400.00. The Respondent did not file an appeal of the NOV with the AAD. The Respondent fully complied with the NOV, including payment of the full penalty.

Superior Court Actions Issued:

March 11, 2014 - Dam File No. 084 (Wenscott Reservoir) and Superior Court File No. PM 14-1420 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Town of North Providence for a dam located northeast of Douglas Avenue, northwest of Asylum Road and west of Less Farm Commons Drive in the town of North Providence. The Defendant owns the dam. The dam is classified by the RIDEM as High Hazard. On November 15, 2010, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Defendant's failure to maintain the dam in a safe condition and the Defendant's failure to properly register the dam. The OC&I issued a letter to the Defendant on January 13, 2009 that included a registration form for the dam that the Defendant was required to complete and return to the OC&I. The Defendant failed to provide the registration form to the OC&I. On November 24, 2009, Dam 084 was inspected. The inspection revealed that the low-level gate was inoperable. In the NOV the Defendant was ordered to submit the registration form for the dam, retain a licensed engineer to submit an application to repair the low-level gate and repair the low-level gate upon approval of the application by the OC&I. The OC&I did not assess an administrative penalty. The Defendant filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, on October 12, 2012 the OC&I and the Defendant executed a Consent Agreement to resolve the NOV. The Defendant agreed to register Dam 084, retain a professional engineer and have the engineer submit an application to repair the low-level gate by July 15, 2013. Upon approval of the application the Defendant was required to complete the work by December 31, 2013. The Defendant has failed to submit an application to repair the low-level gate despite receiving several letters and/or telephone calls from the RIDEM to the Defendant advising the Defendant of its noncompliance. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the Consent Agreement and pay a stipulated penalty of $500.00 per month for each month during which the noncompliance continues, starting from the first day of noncompliance on July 15, 2013.

March 17, 2014 - Freshwater Wetland File No. FW C10-161 and Superior Court File No. PM 14-1493 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Robert Studley Jr. and Gary Studley for property located at 193 Weaver Hill Road in the town of West Greenwich. The Defendants own the property. On March 20, 2012 the OC&I issued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, excavating and filling (in the form of at least soil material) within Swamp and clearing, excavating, and filling (in the form of at least soil material) within Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 85,000 square feet of freshwater wetland. On August 17, 2010, the OC&I inspected the property and documented the violations. In the NOV, the OC&I ordered the Defendants to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I assessed an administrative penalty of $8,000.00. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to comply with the NOV and pay the administrative penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

March 7, 2014 - Air File No. 09-04 and Superior Court File No. PC 13-5966 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant TEL Realty, LLC for property located at 91 Hartford Avenue in the city of Providence. The RIDEM issued the Defendant Emissions Cap No. 07-78 on September 16, 2007 to emit air pollutants from its facility. The issuance of the Emissions Cap requires the Defendant to pay an annual compliance fee of $350.00 and submit to RIDEM annual air pollution inventory reports by April 15th of each year. On December 30, 2009 the OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Air Pollution Control Regulation (APC) No. 14, entitled "Record Keeping and Reporting" and APC Regulation No. 28, entitled "Operating Permit Fees". The violations pertained to the failure to submit to the RIDEM air pollution inventory reports for calendar years 2003 through 2008 and failure to pay the annual compliance fee of $350.00. RIDEM advised the Defendant of the violations on numerous occasions (in telephone calls and letters); however, the Defendant has failed to comply. In the NOV, OC&I ordered the Defendant to submit the air pollution inventory reports for calendar years 2003 through 2008 and pay the annual compliance fee of $350.00, along with a $70.00 late fee. The OC&I assessed an administrative penalty of $17,500.00. The Defendant failed to file an appeal of the NOV with AAD and has failed to comply with the NOV. In the Superior Court complaint, the RIDEM asked the Court to order the Defendant to comply with the Order section of the NOV and pay the administrative penalty assessed in the NOV. Prior to a hearing on the complaint, the RIDEM and the Defendant submitted a Consent Order that was signed by the Court. The Defendant agreed to submit the required inventory reports and pay the outstanding fees owed of $420.00.

March 7, 2014 - Air File No. 08-04 and Superior Court File No. PC 13-5967 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Elio Lossini d/b/a Eli Metals Group for its facility located at 91 Hartford Avenue in the city of Providence. On June 23, 2008 the OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Air Pollution Control (APC) Regulation No. 14 entitled "Record Keeping and Reporting" and APC Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The Defendant operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene (TCE) at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air pollution control regulations. On 11 August 2005 the RIDEM inspected the facility. The inspection revealed that the Defendant failed to comply with the RIDEM's APC Regulation No. 14 when the Defendant failed to report usage of volatile organic compounds for the years 1999, 2003 and 2004. On 29 November 2005, the RIDEM inspected the facility and determined that the Defendant remained in noncompliance with the RIDEM's APC Regulation No. 14 and also observed multiple violations of the RIDEM's APC Regulation No. 36 pertaining to equipment, monitoring, record keeping and reporting requirements for the degreaser. In the NOV, the OC&I ordered the Defendant to either permanently shut down the degreaser or demonstrate to the RIDEM that the degreaser is fully compliant with all regulatory requirements. The OC&I also ordered the Defendant to prepare and submit all reports required under the RIDEM's APC Regulation Nos. 14 and 36 to the RIDEM. The OC&I assessed an administrative penalty of $18,000.00. The Defendant failed to file an appeal of the NOV with AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM asked the Court to order the Defendant to comply with the Order section of the NOV and pay the administrative penalty assessed in the NOV. Prior to a hearing on the Superior Court complaint, the RIDEM and the Defendant submitted a Consent Order that was signed by the Court. The Defendant agreed to discontinue further use of the degreaser, render it inoperable, remove any waste contained therein, and properly dispose of the waste in accordance with the RIDEM's regulations. The Defendant also agreed to pay an administrative penalty of $3,684.00 in seventeen equal monthly installments.