May 2000 Enforcement Action Summary
This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of May 2000. 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.
May 4, 2000 - OC&I/SEPTIC SYSTEM File No. CI-196-10 re: RDM Realty, Inc. for property located at 1070 Crandall Road, Assessor's Block 131, Card 12A, Tiverton. The OC&I alleges that the Respondent violated sections of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the ISDS Regulations). This consisted of allowing sewage to discharge to the surface of the ground from the septic system on the property; pumping sewage to another portion of the property; and failing to obtain a permit to alter a septic system. The OC&I assessed a penalty of $7,000.00 and ordered the Respondent to cease improper pumping of sewage from the septic system and undertake corrective action.
May 12, 2000 - OC&I/UST File No. 00-00661 re: Manville Quarry, Inc. and property located off Manville Hill Road, Assessor's Plat 53, lot 1650, Cumberland. The OC&I alleges the Respondent violated certain sections of RIDEM's Underground Storage Tank ("UST") Regulations pertaining to corrosion protection upgrade requirements for UST systems, failing to perform certain precision testing of specific USTs in certain years and failing to submit inventory records. The OC&I assessed a penalty of $14,550.00. The Respondent has appealed the NOV to the AAD.
May 12, 2000 - OC&I/UST File No. 00-00281 re: Landry & Martin Oil Co., Inc. and Lanmar Corporation for property located at 362 Central Avenue, Assessor's Plat 8, lots 345, 407 and 409, Pawtucket. The OC&I alleges that the Respondent violated certain sections of RIDEM's UST Regulations pertaining to precision testing requirements; installation of spill containment basins; installation of overfill protection; maintenance of daily written inventory and monthly reconciliation records; and failing to submit a site investigation report within 60 days of notification or within an alternate deadline approved by RIDEM. The OC&I assessed a penalty of $51,090.00. The Respondents have appealed the NOV to AAD.
May 12, 2000 - OC&I/UST File No. 99-01259 re: The House of Glass, Inc. at 2551 Post Road, Assessor's Plat 344, lot 497, Warwick. The OC&I alleges the Respondent violated sections of RIDEM's UST Regulations pertaining to abandonment and failure to permanently close abandoned USTs. The OC&I assessed a penalty of $7,500.00. The Respondent has appealed the NOV to the AAD.
May 15, 2000 - OC&I/UST File No. 99-01879 re: Raymond G. Porter d/b/a Ray's Gulf and Sara E. Porter for property located at 454 Pawtucket Avenue, Assessor's Plat 64A, Lot 849, Pawtucket. The OC&I alleges the Respondent violated sections of RIDEM's UST Regulations pertaining to precision testing and the installation of spill containment basins. The OC&I assessed a penalty of $9,370.00. The Respondents have appealed the NOV to the AAD.
May 23, 2000 - OC&I/UST File No. 00-00450 re: Getty Properties Corp., John F. Gomes, Sr. and John F. Gomes, Jr. The property is located at 795 West Main Road, Assessor's Plat 107NE, Lot 16-C, Middletown. The OC&I alleges the Respondents violated sections of RIDEM's UST Regulations pertaining to UST registration; precision testing of UST's; installation of spill containment basins; installation of overfill protection; and the maintenance of daily written inventory records. The OC&I assessed a penalty of $51,080.00. The Respondents have appealed the NOV to the AAD.
May 23, 2000 - OC&I/UST File No. 00-02907 re: Warren B. Nickerson, Jr., Allen Nickerson, David Nickerson, Michael Nickerson, Warren B. Nickerson, Sr., and Eric C. Nickerson regarding Nickerson's Garage at 190 East Main Road, Assessor's Plat 29, Lot 48, Little Compton. The OC&I alleges the Respondent violated sections of RIDEM's UST Regulations pertaining to corrosion protection upgrade requirements; precision testing requirements; installation of spill containment basins; and installation of overfill protection. The OC&I assessed a penalty of $33,390.00.
May 24, 2000 - OC&I/AIR File No. 00-01 re: John A. Meloccaro d/b/a J & R Builders relating to property at 421 Main Street, Warren. The OC&I alleges the Respondent violated Section 24.10.2 © of Air Pollution Control Regulation No. 24 relating to clean up of spent abrasive, paint, particulate, dust and/or other debris following removal of Lead Based Paint from exterior surfaces. The OC&I ordered clean up of the site and assessed a penalty of $500.00.
May 24, 2000 - OC&I/AIR File No. 00-02 re: John A. Meloccaro d/b/a J & R Builders relating to property at 80 Holly Street, Providence. The OC&I alleges the Respondent violated multiple sections of Air Pollution Control Regulation No. 24 regarding removal of Lead Based Paint from exterior surfaces. The OC&I assessed a penalty of $3,000.00.
May 25, 2000 - OC&I/UST File No. 00-01747 re: George F. O'Neill, Stephen J. O'Neill, and George's Service Station, Inc. 125 Plainfield Street, Assessor's Plat 105, Lots 391 and 392, Providence. The OC&I alleges the Respondents violated sections of RIDEM's UST Regulations pertaining to precision testing requirements and the installation of spill containment basins. The OC&I assessed a penalty of $38,210.00.
May 3, 2000 - OC&I/WETLANDS File No. C99-0372 re: Bellecastle Realty, Inc. and property located southwest of Old East Greenwich Avenue and Greenwich Avenue (Route 5), Assessors Plat 257, lot 10, Warwick. The OC&I issued a NOV to the Respondent on April 12, 2000 alleging approximately 10,000 square feet of wetland had been altered by the Respondent without first obtaining the necessary permit to alter wetlands. The Respondent had already voluntarily removed the fill material from the wetland. The OC&I assessed a penalty of $2,000.00 and required additional restoration work. The Respondent and the OC&I executed a consent agreement whereby the Respondent agreed to undertake additional restoration by May 31, 2000. The Respondent paid the assessed penalty of $2,000.00 in full.
May 4, 2000 - OC&I/AIR File No. 99-11-NOV re: City of Cranston, Wastewater Treatment Facility. The OC&I issued a NOV to Respondent on September 24, 1999 alleging a violation of Air Pollution Control Regulation No. 1 (visible emissions) and multiple violations of APC Regulation No. 17 (odors). The OC&I assessed a penalty of $4,750.00. The Respondent and the OC&I executed a consent agreement wherein it was acknowledged that the Respondent completed actions necessary to achieve compliance with the regulations. It was further acknowledged that the agreement is for settlement purposes only and does not constitute an admission that the laws or regulations had been violated as alleged. The Respondent paid a penalty in the amount of $3,250.00.
May 8, 2000 - OC&I/UST File No. 99-3274 re: Anthony Giarrusso d/b/a Tony's Service Center, relating to property located at 716 Park Avenue, Assessor's Plat 5-1, Lot 2436, Cranston and 3729 Tower Hill road, Assessor's Plat 34-2, lot 11, South Kingstown. On December 6, 1993 and again on August 1, 1995, RIDEM issued NOV's to the Respondent regarding alleged violations of RIDEM's UST Regulations at the South Kingstown facility. Respondent appealed the 1993 NOV to RIDEM's AAD and AAD, in 1995, sustained the 1993 NOV. Respondent appealed to Superior Court and the Superior Court, in part, sustained RIDEM's administrative ruling. Respondent appealed the 1995 NOV to AAD but withdrew his appeal after an administrative hearing was convened. As a result, the 1995 NOV became a final compliance order. The RIDEM assessed administrative penalties of $24,750.00 in the 1993 NOV and $25,000.00 in the 1995 NOV. On May 14, 1997, the OC&I issued a NOV to the Respondent for his Cranston facility alleging multiple violations of the UST Regulations pertaining to registration renewal fees, precision testing, installation of spill containment basins and overfill protection. The OC&I assessed a penalty of $79,975.00. The Respondent and OC&I have executed a consent agreement to resolve all outstanding issues whereby Respondent agrees to take specific actions to ensure compliance with monitoring and/or clean up requirements at both facilities. The Respondent has also agreed to a penalty of $60,400.00 with the penalty to be paid over time. The OC&I has received its first installment of $20,000.00.
May 12, 2000 - OC&I/RCRA File No. 99-037 re: New England Container Co., Inc. of 455 George Washington Highway, Smithfield. On October 6, 1999, the OC&I issued a NOV to the Respondent alleging that it violated RIGL Section 23-19.1-10 and Rule 6.01 of the Rules and Regulations for Hazardous Waste Management relating to unpermitted transportation of hazardous waste. The OC&I assessed a penalty of $11,887.05. The Respondent and the OC&I executed a consent agreement wherein the Respondent, for settlement purposes only and without admitting any violations as alleged in the NOV, agreed to pay the RIDEM $8,546.00 in administrative penalties. The Respondent has paid the agreed upon penalty.
May 19, 2000 - OC&I/WATER Superior Court File C.A. No. PC99-1380 re: City of Woonsocket Wastewater Treatment Facility. RIDEM filed a complaint in Superior Court against the Respondent on March 16, 1999 for the City's failure to comply with two previous Consent Agreements and for continuing violations of the Water Pollution Control Act, RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System relating to the wastewater treatment plant discharge. The Consent Agreements related to studies of the wastewater treatment plant that the City was required to complete. The violations involved the exceedance of the City's wastewater treatment plant discharge permit limits for total suspended solids and BOD, metals, and visible foaming in the Blackstone River. The Superior Court complaint requested that the Court impose $4.6 million dollars in penalties and order the City to comply with the Consent Agreements. The DEM and the City entered into a Consent Agreement on May 19, 2000. This agreement was entered as a court order to resolve the complaint filed last year. The court ordered consent agreement specifies major improvements that will be made to the treatment plant by July 15, 2001, which include the construction of additional aeration tanks and the installation of filters, and the completion of the studies required under the previous consent agreements. These improvements will result in significant water quality benefits and end the permit violations at this wastewater plant. The court ordered agreement also requires the City to undertake Supplemental Environmental Projects estimated to cost $5.2 million dollars and reimburse to the RIDEM the amount of $100,000.