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 May 2002. 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 14, 2002 - OC&I/UST File N0. 02-D'Attilio re: William R. D'Attilio, Viola M. D'Attilio and Thomas E. D'Attilio for property located at 255 Pocasset Avenue, Assessor's Plat 109, Lot 49 in the City of Providence. The OC&I alleges that the Respondents violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations pertain to the abandonment of three underground storage tanks on the property and failing to permanently close the abandoned tanks in compliance with the UST Regulations. The RIDEM notified the Respondents in writing of the non-compliance in December 2000 and afforded the Respondents an opportunity to voluntarily resolve the non-compliance without formal enforcement. Despite the notification, Respondents failed to resolve the violations. OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $20,190.00.
May 16, 2002 - OC&I/Solid Waste File No. 02-003 re: Joseph R. Vinagro for property located on Shun Pike, Assessor's Plat 33, Lot 28 in the Town of Johnston. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license. On December 7, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent deposited solid waste on the subject property and was thereby operating a solid waste management facility without a license. OC&I ordered the Respondent to cease operating a solid waste management facility and ordered removal of all solid waste beyond three cubic yards allowed on site. Despite the issuance of the December 2001 NOV, Respondent was observed operating equipment for processing solid waste on the property. The Respondent does not have a license, permit or approval from RIDEM to operate a solid waste management facility. The OC&I once again ordered the Respondent to cease operation of a solid waste management facility and ordered removal of all processing equipment. A penalty in the amount of $35,000.00 was assessed against the Respondent.
May 31, 2002 - OC&I/Solid Waste File No. 02-013 re: Coastal Atlantic LLC for property located at 40 Mill Road, Assessor's Plat 12, Lot 70 in the Town of Foster. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act and Vehicle Tire Storage and Recycling Act. The violations pertain to Respondent's storage of more than three cubic yards of solid waste and more than 400 tires on the subject property without obtaining the required license or approval from the RIDEM. The OC&I ordered removal of all tires in excess of the allowable limit and assessed a penalty in the amount of $3,500.00.
May 3, 2002 - OC&I/Septic System File No. IS90-29 and CI 92-189 re: Viana Family Trust, Huberto and Maria L. Viana, Trustees, for property located at 201 Gray Avenue, Assessor's Plat 164, Lot 88 in the Town of Tiverton. On May 23, 1990 RIDEM issued a NOV to the Respondents alleging a violation of RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground. RIDEM ordered the Respondents to cease the discharge of sewage to the ground and repair the septic system. The Respondents failed to request a hearing on the NOV and failed to comply with the NOV. On February 17, 1993 RIDEM issued a 2nd NOV to the Respondents. RIDEM ordered the Respondents to cease the discharge of sewage to the ground and repair the septic system. RIDEM assessed a penalty of $5,000. The Respondents failed to request a hearing on the 2nd NOV. The Respondents repaired the septic system in December 1993, but failed to pay the administrative penalty at that time. The Respondents paid RIDEM the full penalty of $5,000.00 in May 2002.
May 6, 2002 - OC&I/Septic System File No. CI00-193 re: Shannon Associates for property located at 121 Greene Lane, Assessor's Plat 105, Lot 15B in the Town of Middletown. On June 15, 2001 RIDEM issued a NOV to the Respondent alleging a violation of RIDEM's ISDS Regulations. The violation pertained to the illegal alteration or repair of a septic system without a permit from RIDEM. RIDEM ordered the Respondent to retain a licensed designer to submit an application to RIDEM to properly repair the septic system. RIDEM assessed a penalty of $1,000. The Respondent requested an administrative hearing to contest the NOV. The Respondent connected the sewerage system for the property to the town sewerage system. The Respondent also advised RIDEM that the contractor who was retained to repair the septic system misled them. The contractor advised them that he would obtain all necessary approvals to repair the septic system. RIDEM issued a NOV to the contractor and assessed a penalty of $1,000. The contractor failed to request a hearing on the NOV and the matter was referred to RIDEM legal counsel to file a complaint in Superior Court. For these reasons RIDEM waived the penalty against the Respondent.
May 7, 2002 - OC&I/RCRA File No. 00-009 re: Fernando Originals, LTD for property located at 184 Woonasquatucket Avenue, Assessor's Map Plat 10, Lot 91, in the Town of North Providence. On November 17, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated multiple sections of the Rhode Island Rules and Regulations for Hazardous Waste Management and applicable sections of Title 40 of the Code of Federal Regulations relating to hazardous waste. The violations pertained to: marking and labeling hazardous waste containers; keeping hazardous waste containers closed; submitting the names and signatures of authorized agents to sign manifests; waste determination; contingency plan development; documenting training; and submitting a biennial report. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $36,650.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the Respondent complied with all orders set forth in the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the penalty portion of the NOV. The Respondent agreed to pay the RIDEM in the amount of $15,000.00 and agreed to a Supplemental Environmental Project ("SEP") with a value of $15,500.00. The SEP consists of the creation of an environmental management system guidebook for the electroplating and metal finishing industry. Following approval of the guidebook, the guidebook is to be distributed to local businesses in the industry and is available for use by RIDEM.
May 30, 2002 - OC&I Water Pollution File No CI 1425 re: TLC Boiler and Timothy Cody and Linda Cody. The OC&I issued a NOV on December 5, 2001 to the Respondents alleging certain violations of the Water Pollution Control Act, the Water Quality Regulations, and the Oil Pollution Control Regulations. The violations pertained to the failure to immediately report an oil spill and the discharge of oil to the waters of the State. The violations were associated with a heating oil delivery at 18 Calumet Drive in Johnston. RIDEM assessed a penalty of $5,000 and the Respondents requested an administrative hearing to contest the NOV. Prior to a hearing on the NOV, RIDEM and the Respondents executed a Consent Agreement wherein the Respondents paid the sum of $3,750 in administrative penalties. DEM's emergency response Contractors cleaned the oil shortly after the spill was discovered.
May 31, 2002 - C.A. No. PC 02-2060 re: RIDEM, Plaintiff versus Allan S. Pelopidia and Elizabeth Pelopidia, Defendants for property located at 238-240 Simmonsville Avenue, Assessor's Plat 28, Lot 13 in the Town of Johnston. On April 26, 2002 RIDEM issued a NOV to the Defendants alleging a violation of RIDEM's ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground and into a public street from the septic system of a rental property owned by the Defendants. RIDEM ordered the Defendants to cease the discharge of sewage, have the septic system evaluated by a licensed designer, and repair the system, if necessary. RIDEM assessed a penalty of $3,000. The Defendants requested a hearing on the NOV. Due to the serious public health threat posed by the discharge of sewage to the public street RIDEM filed a complaint in Superior Court. Prior to a hearing on the complaint, RIDEM and the Defendants agreed to an Interim Consent Order that was entered by the Court on May 31, 2002. The Order requires the Defendants to take immediate temporary action to cease the discharge of sewage to the surface of the ground and submit to RIDEM by June 21, 2002 a written proposal for a permanent solution to the failed septic system.