March 2015 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 2015. 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 16, 2015 - Water Pollution File No. OCI-WP-14-93, X-ref RIPDES RIR100844 re: Manafort Brothers Incorporated for property identified as the Providence Viaduct Bridge No. 578 on Interstate 95 in the city of Providence. On April 5, 2013, the RIDEM authorized the Rhode Island Department of Transportation (RIDOT) to discharge storm water associated with the reconstruction of Bridge 578 under the 2008 General Permit for Stormwater Discharge Associated with Construction Activity. The Respondent was awarded the construction contract and certified that it is responsible for complying with the permit. The permit requires the Respondent to: design, install and maintain effective erosion, runoff and sediment controls; prevent daily construction activities from causing pollution; and ensure that all erosion, runoff, sediment and pollution prevention controls remain in effective operating condition and are protected from activities that would reduce their effectiveness. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertain to the failure to comply with the permit. On August 13, 2014, the OC&I inspected the property during a rain storm. The inspection revealed that storm water laden with sediment was flowing from the property onto the street and entering into the Woonosquatucket River and that no erosion, runoff or sediment controls were installed. On that same day, the OC&I received electronic mail from the RIDOT's resident engineer. The engineer stated that there was an erosion issue, most of the sediment was retained within a temporary coffer dam, and that the Respondent acted quickly and installed stone and hay bales to control sediment runoff from the property from entering onto the street and into the river. In the NOV the OC&I assessed an administrative penalty of $6,250.

March 24, 2015 - Underground Storage Tank File No. 2014-124-00307 re: ETEMAN, LLC for property located at 2360 Kingstown Road, Assessor's Plat 32-1, Lot 26 in the town of South Kingstown. The property includes a convenience store and a motor fuel filling station and 4 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of the 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: keep spill containment basins free of liquid; remove water from the bottom of a UST when the water level exceeds 1 inch in height; ensure that trained and certified Class A, B and C operators are assigned to the facility and on duty during all operating hours; maintain a list of all Class C operators assigned to the facility; and ensure that a Class A or Class B UST facility operator conduct monthly inspections. On November 25, 2014, the RIDEM inspected the facility and documented the violations. On November 26, 2014, the RIDEM issued an informal written notice to the Respondent by certified mail for the violations. The notice required specific actions to correct the violations. On December 2, 2014, the notice was delivered to the Respondent. As of the date of the NOV, the Respondent has failed to respond to or comply with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $4,500.

Formal Enforcement Actions Settled or Resolved:

March 16, 2015 - Underground Storage Tank File No. 2014-52-00850 re: Cambridge Petroleum Corporation, Newbury Enterprises, LLC and Souad Tashian Trust for property located at 3333 South County Trail, Assessor's Plat 18, Lot 40 in the town of East Greenwich. The property includes a convenience store and a motor fuel filling station and 5 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Souad Tashian Trust owns the property. Newbury Enterprises, LLC operates the facility. Cambridge Petroleum Corporation owns the USTs. On January 2, 2015, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to: perform periodic testing of sacrificial anode cathodic protection; properly install a leak monitoring device; repair a malfunctioning leak monitoring device; immediately investigate release detection signals and alarms; keep spill containment basins and sumps free of liquid; label UST fill ports to identify the product stored inside the tank; ensure that trained and certified Class A, B and C operators are assigned to the facility and on duty during all operating hours; maintain a list of all Class C operators assigned to the facility; and ensure that a Class A or Class B UST facility operator conduct monthly inspections. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations. The OC&I assessed an administrative penalty of $16,250. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the ordered actions and paid a reduced penalty of $4,062.50 to fully resolve the NOV.

March 17, 2015 - Hazardous Waste File No. OCI-HW-13-114 re: Geib Refining Corporation for a facility located at 399 Kilvert Street in the city of Warwick. The Respondent is registered with the RIDEM as a large quantity hazardous waste generator at the facility. On June 23, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations pertained to the Respondent's failure to: label and keep closed except when adding or removing waste two 1 gallon containers holding nitric acid; store one 55 gallon satellite accumulation container holding nitric acid as the point of generation; and provide annual training to company employees who handle hazardous waste. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $17,094. The Respondent did not file an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the ordered actions and paid a reduced penalty of $6,797 to fully resolve the NOV.

March 19, 2015 - Solid Waste File No. SW 2010-12 re: Michael F. Albernaz, Joseph Albernaz, John E. Albernaz, Margaret A. Mello, Joanne Pankowski, Lee E. Dubois, Lee E. Dubois, in his capacity as co-executor of the Estate of Edith M. Dubois, Cheryl L. Dubois, and Cheryl L. Dubois, in her capacity as co-executor of the Estate of Edith M. Dubois for a property located at 100 Cory's Lane, Assessor's Parcel ID 99-84 in the town of Tiverton. The Respondents own the property. On July 28, 2011, the OC&I issued an NOV to Michael F. Albernaz, Joseph Albernaz, John E. Albernaz, Margaret A. Mello, and Joanne Pankowski alleging that the Respondents violated Rhode Island's Refuse Disposal Act. The violation pertained to the depositing of approximately 251 cubic yards of solid waste (consisting of plastic waste, metal waste, construction and demolition debris, steel drums, used tires, abandoned watercraft in varying states of disrepair, abandoned unregistered vehicles, and other mixed solid waste) on the ground. The Respondents filed an appeal of the NOV with AAD. Based on information provided by the Respondents' attorney, on May 1, 2012, the OC&I issued an amended NOV to include Lee E. Dubois, Lee E. Dubois, in his capacity as co-executor of the Estate of Edith M. Dubois, Cheryl L. Dubois, and Cheryl L. Dubois, in her capacity as co-executor of the Estate of Edith M. Dubois as named Respondents. In the amended NOV, the OC&I ordered the Respondents to cease the disposal of solid waste on the property and remove and properly dispose of the solid waste at a licensed solid waste management facility. The OC&I assessed an administrative penalty of $6,250. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the ordered actions and paid a reduced penalty of $4,500 to fully resolve the NOV.

March 20, 2015 - Dam File No. 649 (Bridlewood Pond Upper End Dam) re: Syed K. Raza and Sehark K. Raza for property located south of Preakness Drive and east of the intersection of Preakness and Bridle Drives, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondents own the dam. On July 24, 2013, the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondents' failure to maintain the dam in a safe condition. The dam was inspected on March 20, 2010. The inspection revealed that vegetation is on the embankment crest that did not allow a proper inspection to be performed. On April 18, 2013, the OC&I issued a certified letter 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 May 4, 2013. 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. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the ordered actions to resolve the NOV.

March 20, 2015 - 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 the RIDEM as Significant Hazard. The Respondent owns the dam. On March 17, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Dam Safety. The violation pertained 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 considered the dam unsafe because of the vegetation that inhibits a proper inspection and considered that the dam might 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 had to verify the operation of the low level gate. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the ordered actions to resolve the NOV.

Superior Court Actions Issued:

March 4, 2015 - Water Pollution File No. WP 12-9 and WP 10-049 and Superior Court File No. PC-2015-0890 re: Plaintiffs Janet L. Coit, Director, RIDEM and Peter F. Kilmartin, Attorney General, State of Rhode Island vs. Rhode Island Recycled Metals, LLC, Edward Sciaba, Sr. and AARE, LLC for property located at 434 Allens Avenue, Assessor's Plat 47, Lot 601 and 444 Allens Avenue, Assessor's Plat 55, Lot 10 in the city of Providence. A business engaged in the recycling of metal operates at the property (the facility). Rhode Island Recycled Metals, LLC (RIRM) operates the facility. Edward Sciaba (Sciaba) is the on-site manager of and for RIRM. AARE, LLC (AARE) owns the property. AARE acquired the property on April 16, 2014 from ACR Realty, LLC (ACR). ACR was the owner of the property at all times relevant to this matter prior to the transfer of ownership to AARE. On September 14, 2011, the RIDEM issued a permit to ACR and RIRM. The permit authorized the discharge of storm water from the facility for the following activities: collect, trade, broker and process metals from industrial manufacturers, auto salvage facilities, metal dealers and individuals and accept decommissioned derelict vessels, portions of which may be brought ashore for disassembly. The permit required the Defendants to construct specific stormwater controls prior to commencing the activities. On May 7, 2012, the RIDEM issued an NOV to ACR and RIRM alleging that the Defendants violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System, and RIDEM's Oil Pollution Control Regulations. The violations pertained to the following: in water dismantling of vessels and placement of fill into the waters of the State without a permit from the RIDEM; discharge of storm water runoff by conducting activities not authorized by the permit (involving vehicle crushing and engine removal and storage) and failing to construct the storm water controls required pursuant to the permit; and failure to submit accurate information on an application to the RIDEM. In the NOV, the RIDEM ordered the Defendants to immediately take the following actions: cease receiving any additional derelict vessels for dismantling; cease receiving any scrap metal and vehicles; cease releasing oil/petroleum to the land; and cease equipment repair and maintenance, vehicle crushing, and vehicle engine removal and storage. The NOV ordered that no derelict vessels be received until RIRM obtains all required permits from the RIDEM and that no scrap metal or vehicles be received until RIRM complies with the ordered actions in the NOV. The NOV also ordered the Defendants to remove all scrap metal, engines and vehicles, remove and properly dispose of all oil released to the land, clean and sweep the facility yard, complete the construction of the storm water controls required by the permit, complete the dismantling of the derelict vessels and remove the unauthorized fill from the Providence River, all in accordance with various deadlines. The RIDEM assessed an administrative penalty of $46,250. The Defendants filed an appeal of the NOV with the AAD. At that time the Defendants took several short terms measures to address some of the issues raised in the NOV (Short Term Mitigative Measures) as follows: ceased receiving any additional derelict vessels for dismantling; constructed a temporary dismantling/storage area that has a concrete base and canvas cover (Dismantling/Storage Area); performed removal of engine vehicles and fluids and storage of vehicle engines only in the Dismantling/Storage Area; and crushed vehicles using a crusher equipped with a fluid collection system that prevents any release of fluids to the ground. On September 4, 2012, RIRM and ACR submitted to the RIDEM applications for authorization of storm water discharges associated with industrial activity and construction activity from the property. On May 2, 2013, the RIDEM authorized coverage under the Multi Sector General Permit (MSGP) to discharge storm water associated with industrial activity. On May 3, 2013, the RIDEM authorized coverage under the General Permit for Construction Activity through the issuance of a Water Quality Certificate (WQC) to construct the storm water controls. Prior to an administrative hearing on the NOV, the RIDEM, RIRM and ACR executed a Consent Agreement (Agreement) to resolve the NOV. The Defendants agreed to the following terms: maintain the Short Term Mitigative Measures until the Defendants are in full compliance with the Agreement; comply at all times with the WQC; complete all work required under the WQC by September 30, 2014; comply with the MSGP upon completion of all construction work, except as it pertains to the monitoring frequency, which was increased from quarterly to monthly sampling beginning on October 1, 2014 and continuing for 1 year; and submit a report to the RIDEM by January 15, 2016 that included the results of the monitoring, a detailed review of all storm water controls, and the compliance evaluation report required under the MSGP along with any proposed changes to the storm water system. The report was subject to the RIDEM's review and approval, and the Defendants agreed to complete any work required to structural controls in accordance with the schedule approved by the RIDEM. The Defendants also agreed to commence removal of the 4 derelict vessels in the Providence River, which were the sunken submarine Juliet, the sunken tug boat Akron, a ferry, and a barge, by November 1, 2013 and complete removal of the derelict vessels by September 30 , 2014. By December 31, 2014, the Defendants further agreed to restore the shoreline of the Providence River in the area that was regraded/filled to access the derelict vessels to the condition that previously existed in 2009. Lastly, the Defendants agreed to pay an administrative penalty of $33,750. The Defendants agreed to pay $25,000 in cash and were given a credit of $8,750 for a Supplemental Environmental Project (SEP). The SEP involved the installation of a SEDA vehicle decommissioning system at an approximate cost of $78,200, which was to be installed as part of the storm water control system. The SEDA system was to allow the Defendants to capture and recycle or dispose of all fluids from the vehicles prior to crushing and shredding. On August 6, 2013, the Agreement was recorded in the land evidence records and was binding upon all successors to ACR. The Defendants paid the $25,000 cash penalty, but failed to comply with any of the other terms of the Agreement, including the Short Term Mitigative Measures. Inspections by the RIDEM in June 2014 and October 2014 revealed the following: the Defendants brought in an additional vessel for dismantling; oil spillage was prevalent throughout the property; no effort was made to begin work on the storm water system, and none of the 4 vessels were removed. In the Superior Court complaint, the RIDEM and the Attorney General are asking the court to order the Defendants to comply with the Agreement and pay a stipulated penalty of $750 per day for each day during which the noncompliance continues, starting on October 1, 2014.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.