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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > May 2004 Summary

 
May 2004 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 May 2004. 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 Technical and Customer 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 Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

May 7, 2004 - OC&I/UST File No. 04-00479 re: Overnite Transportation Company for property located at 617 George Washington Highway, Assessor's Plat 28, Lot 12, in the Town of Lincoln. The OC&I alleges that the Respondent is in violation of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondent's failure to properly comply with the UST Regulations regarding continuous monitoring of the interstitial space of double-walled USTs, inventory record keeping requirements for UST systems, line tightness testing requirements, monthly and annual testing requirements for UST continuous monitoring systems and maintenance of test records. In the NOV, OC&I ordered the Respondent to comply with the applicable UST Regulations and assessed an administrative penalty in the amount of $23,854.00.

May 7, 2004 - OC&I/UST File No. 04-01064 re: Cumberland Farms, Inc. and Grasso's Service Center, Inc. for property located at 35 Plainfield Street, Assessor's Plat 105, Lot 416 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to the Respondent's failure to properly comply with the UST Regulations regarding the installation of automatic tank gauging devices for single-walled USTs, precision testing of USTs, installation of spill containment basins, abandonment of UST systems, temporary closure of any UST system for more than 180 days without approval of the Director, submittal of applicable test reports and maintenance of test records. In the NOV OC&I ordered the Respondent to comply with the applicable UST Regulations and assessed a penalty in the amount of $12,171.00.

May 12, 2004 - OC&I/UST File Nos. 04-00827 & 03341 re: The Town of Smithfield for the Smithfield Department of Public Works and the Smithfield Housing Authority. The property associated with the Smithfield Department of Public Works is located at 3 Spragueville Road, Assessor's Plat 17, Lot 5. The property associated with the Smithfield Housing Authority is located at 7 Church Street, Assessor Plat 7, Lot 5A. The OC&I alleges that the Respondent is in violation RIDEM's UST Regulations. The violations pertain to Respondent's failure to properly comply with the UST Regulations regarding proper testing of the sacrificial anode cathodic protection system for two specific years, maintenance of inventory control records for three years, line tightness testing for four specific years, monthly and annual testing of the continuous monitoring system ("CMS") for multiple years, keeping spill containment basins free of liquids and solid debris and failing to maintain applicable test records for USTs at Respondent's DPW facility. In addition, at the time of RIDEM's inspection of the DPW facility, the Respondent could not identify the location of one of its USTs for the RIDEM inspector. The violations identified at Respondent's Housing Authority facility include failing to properly perform line tightness testing for three specific years, deactivation of the CMS, failing to conduct monthly testing of the CMS for three years, failing to conduct annual testing of the CMS for multiple years, failing to keep spill containment basins free of liquids and solid debris, lack of an overfill protection device, lack of a submerged fill tube, lack of a label to identify the fill port for its UST and failing to maintain applicable test records. In the NOV, OC&I ordered the Respondent to comply with the applicable UST Regulations and assessed a penalty in the amount of $30,671.00.

May 20, 2004 - OC&I/Wetlands File No. C03-0182 and OC&I/Water Pollution File No. WP04-08 re: Deer Creek Farm, LLC, Lakeview Farms, Inc, and Rambone Brothers., LLC for property located approximately 1,200 feet north-northeast of the intersection of North Road and South Killingly Road, approximately 800 feet north of North Road at house number 59, Assessor's Plat 7, Lot 30 in the Town of Foster. Upon information and belief, Deer Creek Farm, LLC (Deer Creek) purchased the property on September 30, 2002. Deer Creek entered into a lease agreement with Lakeview Farms, Inc. (Lakeview) for the property to be used and improvements to be made for raising cattle. DEM Division of Agriculture recognizes Lakeview as a farmer. Lakeview retained Rambone Bros., LLC (Rambone) for the construction work. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations), the Water Pollution Act and the Water Quality Regulations, and the Dam Safety Act. The violations pertain to the discharge of water containing sediment to waters of the State, the alteration of wetlands by filling, excavating, grubbing, grading, and creating soil disturbance, and the alteration of a dam. This activity has resulted in the unauthorized alteration of approximately 43,800 square feet of Swamp/Pond Complex, portions of which are within 100-foot Riverbank Wetlands, 32,500 square feet of Perimeter Wetland, 500 linear feet of a River, and 36,000 square feet of a Pond. On August 8, 2003 OC&I issued an Order to Cease and Desist all further unauthorized activities. The Respondents failed to comply with the Order to Cease and Desist. The Respondents did not receive approval or a permit from the DEM to alter freshwater wetlands, discharge water containing sediment to the waters of the State, or alter the dam. In the NOV, OC&I ordered the restoration of the unauthorized altered wetlands. A penalty of $27,600 was assessed jointly and severally against each Respondent in the NOV.

May 28, 2004 - OC&I/AIR File No. 04-02 re: P. J. Keating Company located at 875 Phenix Avenue in the City of Cranston. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act, Section 23-23-13, regarding record keeping requirements and RIDEM's Air Pollution Control Regulations ("APC Regulation") specifically APC Regulation No. 9 entitled "Air Pollution Control Permits", specifically 9.6.8 and APC Regulation No. 29 entitled "Operating Permits". The violations pertain to Respondent's failure to conduct emissions testing of equipment for burning alternative fuels within 180 days after initial firing of the alternative fuel in non-compliance with its permit condition and failing to submit copies of each fuel certification within ten days of each delivery in accordance with the requirements of its permit. In the NOV, OC&I ordered the Respondents to comply with the applicable section of its permit and assessed a penalty in the amount of $5,000.00.

Formal Enforcement Cases Settled or Resolved:

May 4, 2004 - OC&I/Wetlands File No. C01-0070 re: Rheuben Smith Jr. for property located immediately southeast of the intersection of South County Trail and Yawgoo Valley Road, north of house no. 670, Map 76, Assessor Plat 5, Lot 1, in the Town of Exeter. On June 19, 2002 OC&I issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling, and excavating of approximately 3,500 square feet of Wetland Complex and 15,000 square feet of Perimeter Wetland. OC&I issued two (2) Cease and Desist Orders to the Respondent; however, the Respondent continued to alter the freshwater wetlands. In the NOV OC&I ordered the restoration of the unauthorized altered wetlands. A penalty of $2,000 was assessed against the Respondent. The Respondent failed to file an appeal of the NOV with AAD. The Respondent paid the $2,000 penalty, but failed to restore the freshwater wetlands. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I referred the case to mediation. Following mediation of the case, the Respondent completed restoration of a portion of the freshwater wetlands that were altered. The Respondent was able to acquire farmer status, thereby allowing a portion of the altered wetlands to remain cleared.

May 6, 2004 - OC&I/UST File No. 03-02961 re: Original Crispy Pizza Crust Co. of Boston, Inc. for property located at 13 Blackstone Valley Place, Assessor's Plat 30, Lot 59 in the Town of Lincoln. On November 18, 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to site investigation requirements following discovery of a release, tightness testing requirements for USTs, installation of spill containment basins and overfill protection for USTs, maintenance of applicable test records and inventory control records and written verification to RIDEM regarding compliance with UST Regulations. In the NOV, the OC&I ordered the Respondents to submit a Site Investigation Report and, at the discretion of the RIDEM a Corrective Action Plan to address any release at the property. The Respondent was also ordered to resolve all outstanding violations pertaining to records and verifications of regulatory compliance. The OC&I assessed a penalty in the amount of $28,086.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. During settlement negotiations, the Respondent submitted some records in compliance with the order portion of the NOV and showed the agency that it was otherwise in compliance with all other performance requirements of the NOV and the UST Regulations. A reduced penalty of $13,910.00 was agreed to as part of the Consent Agreement. OC&I allowed the Respondent to pay $2,500.00 upon execution of the Consent Agreement and to pay the remaining penalty of $11,410.00 in payments.

May 13, 2004 - OC&I/ISDS File No. CI 98-90 re: Jjam Sport, Inc. for property located at 141 Reservoir Avenue, Assessor's Plat 6, Lot 374 in the Town of Lincoln. On July 22, 2002 RIDEM issued a NOV to the Respondent alleging certain violations of the Rhode Island Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violations pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for a bar/restaurant on the property and the alteration of a sewage disposal system without a permit from RIDEM. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage and have the septic system pumped and to continue pumping until the sewerage system at the property is connected to the public sewerage system. OC&I assessed a penalty in the amount of $4,000.00. The Respondent failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I referred the case to mediation. Following mediation of the case, the Respondent executed a Consent Agreement with OC&I to resolve the NOV. The Respondent agreed to connect the sewerage system at the property to the public sewerage system within 60 days and pay a penalty of three thousand dollars ($3,000.00). The penalty was paid upon execution of the Agreement.

May 14, 2004 - OC&I/Wetlands File No. C98-0144 re: Kevin O'Donnell and Lillian Fortier for property located approximately 250 feet south of Putnam Pike (Route 44), approximately 300 feet south of the intersection of Putnam Pike and Olney Keech Road, Assessor's Plat 7, Lot 82 in the Town of Glocester. On November 26, 1996 RIDEM issued a permit to Kevin O'Donnell authorizing alterations to freshwater wetlands on the property. On March 24, 2000 OC&I issued a NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, grading, excavating, and filling within freshwater wetlands in non-compliance with the permit that was issued by RIDEM. These activities resulted in the unauthorized alteration of approximately 29,500 square feet of Riverbank Wetland, portions of which were within Perimeter Wetland and Flood Plain. In the NOV the Respondents were ordered to restore the altered freshwater wetlands. OC&I assessed a penalty in the amount of $1,000.00. The Respondents failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court, Respondent Kevin O'Donnell executed a Consent Agreement with OC&I to resolve the NOV. Respondent Lillian Fortier is deceased. The Respondent agreed to restore the freshwater wetlands and pay a penalty of $1,000.00.

May 27, 2004 - OC&I/Wetlands File No. C01-0053 re: Glen A. DeCoster and Carol J. DeCoster for property located approximately 700 feet west of Cucumber Hill Road, at Utility Pole Numbers 75 through 77, opposite House Number 76, approximately 3,150 feet south of the intersection of Cucumber Hill Road and South Killingly Road, approximately 1,300 feet northwest of the intersection of Cucumber Hill Road and Gold Mine Road, Assessor's Map 4, Lot 46 in the Town of Foster. Glen and Carol DeCoster purchased the property on August 3, 2000 for farming purposes. On February 13, 2004 OC&I issued a NOV to the Respondents alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to filling, grading, grubbing, installing culvert pipes, and creating soil disturbance to construct a roadway, installing fencing, and stockpiling materials within freshwater wetlands. These activities resulted in the unauthorized alteration of approximately 71,900 square feet of Swamp, Streams, Riverbank Wetlands, and Perimeter Wetland. In the NOV the Respondents were ordered to submit to the RIDEM Division of Agriculture a plan to construct the roadway in accordance with USDA "farm road" standards and restore all freshwater wetlands that are not associated with accepted farming practices as determined by the RIDEM Division of Agriculture. OC&I assessed a penalty in the amount of $9,100.00. The Respondents filed an appeal of the NOV with AAD. In lieu of proceeding to an administrative hearing, the Respondents executed a Consent Agreement with OC&I to resolve the NOV. The Respondents agreed to submit within 90 days a plan to construct a roadway in accordance with USDA "farm road" standards and restore all freshwater wetlands that are not associated with accepted farming practices. The Respondents agreed to pay a reduced penalty of $4,240.00.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None issued this month.

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