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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > May 2006 Summary

 
May 2006 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 2006. 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 addressed to Leanne DeCosta at 401-222-4700 ext. 7218, fax 401-222-3810.

Formal Enforcement Actions Issued:

None issued this month.

Formal Enforcement Cases Settled or Resolved:

May 2, 2006 - OC&I/UST File No. 05 - 01649 re: Shannon Motors Service Center, Inc., Gosselin Realty Associates, LLC and John J. Gosselin for property located at 656 Killingly Street, Assessor's Plat 15, Lot 159 in the Town of Johnston. Respondent Gosselin Realty Associates, LLC is the owner of the property, having taken title on 5 May 1999. Respondent John J. Gosselin was the owner of the property from 1 November 1979 through 5 May 1999. Respondent Shannon Motors Service Center, Inc. is the operator of the facility. On May 5, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Underground Storage Tank ("UST") Regulations. An 8,000-gallon and two 5,000-gallon gasoline USTs are at the facility. The violations pertained to Respondents' failure to upgrade bare steel sections of the product piping lines for the USTs to meet corrosion protection requirements, failure to compile inventory control records for the USTs from November 2001 through November 2004, failure to perform tank tightness testing for the USTs in 1999, failure to perform tightness testing of the product piping from 1995 through 2003, failure to perform annual functionality testing of the line leak detectors from 1995 through 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from November 2001 through November 2004 and annual testing of the CMS from 1999 through 2003, failure to maintain spill containment basins free of solid debris and failure to label the fill ports to identify the material stored inside the USTs. In the NOV OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed a penalty in the amount of $26,865.00. Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show that they were in compliance with certain UST Regulations cited in the NOV, and they documented current compliance with the UST Regulations. Respondents agreed to pay a penalty in the amount of $16,000.00. The penalty was paid upon execution of the Consent Agreement.

May 2, 2006 - OC&I/RCRA File No. 05 - 028 re: Brookwood Laminating, Inc. for property located at 1425 Kingstown Road, Assessor's Plat 48-2, Lot 97 in the Town of South Kingstown. The Respondent is a generator of hazardous waste with a USEPA identification number of RID 001463173. On October 14, 2005 the OC&I issued a NOV alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to the Respondent's failure to properly label all satellite containers holding ignitable or reactive hazardous waste, failure to properly mark all containers holding hazardous waste with the accumulation start date to determine the time of storage, failure to store containers of flammable or reactive hazardous wastes at least 50 feet from the property line, failure to conduct weekly inspections of containers of hazardous waste in storage and maintain a log of the weekly inspections, failure to amend the Respondent's contingency plan and to provide copies of the plan to local police, fire, hospital and state/local emergency response teams, failure to provide training to company employees who handle hazardous waste and to maintain records of the training, and failure to properly manage and store universal hazardous waste in compliance with the regulations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations within a specified period of time and assessed a penalty in the amount of $19,021.00. 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. The Respondent achieved compliance with Orders 1, 2 and 4 through 6 of the NOV and agreed to obtain a variance from the Office of Waste Management regarding storage of flammable hazardous waste within 50 feet of the property line. The Respondent agreed to pay a penalty in the amount of $12,750.00. The penalty was paid upon execution of the Consent Agreement.

May 05, 2006 - OC&I/UST File Nos. 04-00827 re: The Town of Smithfield Department of Public Works. The property associated with the Smithfield Department of Public Works is located at 3 Spragueville Road, Assessor's Plat 17, Lot 5. On May 12, 2004 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained 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. 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. [Note: Part of this penalty was assessed against the Town of Smithfield Housing Authority for UST violations. The Housing Authority executed a separate Consent Agreement with the OC&I on December 1, 2005 and agreed to a penalty of $12,245.00.] 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. The Respondent was able to show compliance with some of the violations cited in the NOV, and were able to document current compliance. The Respondent agreed to a penalty of $18,436.00. The OC&I agreed to accept $4,406.00 as a cash component of the penalty and agreed to offset $14,030.00 of the penalty for Respondent's completion of a Supplemental Environmental Project ("SEP"). The SEP is for site investigation work to upgrade closure of a former sanitary landfill. The SEP is to be completed within 8 months of the execution of the Consent Agreement. The cash component of the penalty was paid upon execution of the Consent Agreement.

May 09, 2006 - OC&I/UST File No. 05 - 18886 re: Hemisphere Management Corp. and Tonetti Enterprises, LLC for property located at 1754 Mendon Road, Assessor's Plat 58, Lot 54 in the Town of Cumberland. On December 28, 2005 the OC&I issued an NOV to the Respondents for alleged violations of RIDEM's UST Regulations. The violation pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On 2, 16, and 24 February 2005 and 9, 22 and 31 March 2005, RIDEM and the USEPA held training sessions at various locations throughout the State of RI in order to assist UST owners/operators in complying with the ERP. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to those UST facilities that failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondents had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents complied with the order portion of the NOV and agreed to pay a penalty in the amount of $2,500.00. The penalty was paid upon execution of the Consent Agreement.

May 09, 2006 - OC&I/Medical Waste File No. 05 - 01 re: The Humane Association of Northwestern Rhode Island, Inc. The Respondent is registered with the Rhode Island Office of the Secretary of State for the purpose of sheltering and adoption of homeless animals and operates an animal spay/neuter program, otherwise known as "SNYPP" at 172 Main Street in the Town of Burrillville. On September 14, 2005 the OC&I issued an NOV to the Respondent alleging that the Respondent is in violation of RIDEM's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode Island ("the Medical Waste Rules"). On November 23, 2004 the OC&I responded to a complaint from the Burrillville Police regarding a garbage bag containing medical waste located on State highway Route 100 also known as Wallam Lake Road. At the time of the response, the OC&I examined the contents of an unmarked green garbage bag on the side of the road and found, among other items, used needles and syringes, bloody gauze and paper towels, and vials of vaccine. The OC&I investigated the matter further and found that the medical waste was generated at SYNPP. The violations identified in the NOV pertain to Respondent's failure to properly package regulated medical waste and sharps; failure to properly label and mark regulated medical waste for off-site transport; and failure to properly transport and track medical waste. A penalty in the amount of $3,000.00 was assessed in the NOV for Respondent's failure to comply with the Medical Waste Rules. The Respondent did not file an appeal with the AAD. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $2,300.00, with $300.00 paid upon execution of the Consent Agreement and the remaining penalty to be paid in monthly installments of $200.00 each.

May 16, 2006 - OC&I/RCRA File No. 03-050 re: Arkwright, Inc. for property located at 538 Main Street, Assessor's Plat 103, Lots 1.1 in the Town of Coventry, Assessor's Plat 30, Lots 84 and 258 in the City of Cranston and Assessor's Plat 1, Lot 6 in the Town of Scituate. On July 9, 2004 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations") and Title 40 of the Code of Federal Regulations related to the management and handling of hazardous waste. The violations pertain to the Respondent's failure to label containers of hazardous waste, failure to affix an accumulation start date on hazardous waste containers, failure to inspect containers of hazardous waste on a weekly basis and tanks of hazardous waste on a daily basis, failure to provide secondary containment for containers and tanks of liquid hazardous waste and failure to determine if all of its waste meets the definition of a hazardous waste. The OC&I ordered the Respondent to comply with the Hazardous Waste Regulations and assessed an administrative penalty in the amount of $18,500.00. 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. The Respondent successfully showed the OC&I that one of its tanks cited in the NOV is an integral part of the wastewater recycling unit and was therefore not a hazardous waste storage tank. The Respondent also documented compliance with the order portion of the NOV. The Respondent agreed to pay a penalty in the amount of $11,400.00. The penalty was paid upon execution of the Consent Agreement.

May 16, 2006 - OC&I/UST File No. 04 - 01263 re: Brookfield Hills Service Center, Inc., Brookfield Service, Inc., Paul Silva and Adelaide Silva for property located at 929 Providence Street, Assessor's Plat 39, Lot 213 in the Town of West Warwick. On December 28, 2004 the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to perform operational surveys of the sacrificial anode cathodic protection systems for four USTs at the facility, failure to compile monthly inventory reconciliation and leak check records for two gasoline USTs, failure to perform annual functionality testing of the line leak detectors for their gasoline USTs during the years 1995 through 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from September 2001 through September 2004, failure to perform annual certification/testing of the CMS during the years 1995 through 2003, failure to maintain the spill containment basins for the USTs free of liquids and solid debris, failure to label the fill ports for two of the USTs, and failure to equip the tank pad observation wells with locking gripper caps. Also, at the time of RIDEM's inspection, the product piping for one of the gasoline USTs was observed to be leaking within the piping collection sump. Gasoline was observed to be dripping and accumulating on the floor of the sump, and an abnormal vapor concentration was detected within the sump. Observations of the sump walls revealed that they were buckled and the floor was uneven. Information obtained from the memory of the CMS revealed that a "fuel alarm" had been registered for the piping collection sump sensor for the UST five (5) days before the inspection. However, the facility owners/operators had not reported the leak, the unusual operating conditions or the release detection signal to RIDEM. Failure to respond to the conditions observed and to report the conditions to the RIDEM represent violations of the UST Regulations. In the NOV, OC&I ordered the Respondents to submit a Release Characterization Report and to submit a Site Investigation Report and Corrective Action Plan if required. The Respondents were further ordered to perform tightness testing of the piping collection system and conduct repairs if necessary within 30 days and to verify compliance in writing with all other UST Regulations cited in the NOV. A penalty in the amount of $20,305.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show partial compliance with the order component of the NOV, and they agreed to resolve all noncompliance issues at the UST facility to achieve compliance with the UST Regulations. For settlement purposes, the OC&I agreed to a reduced penalty in the amount of $10,050.00. The Respondents agreed to pay $5,050.00 upon execution of the Consent Agreement and to pay the remaining penalty in monthly installments.

May 23, 2006 - OC&I/RCRA File No. 04 - 083 re: National Plating, LLC for property located at 946 Eddy Street, Assessor's Plat 047, Lot 0810 in the City of Providence. On January 7, 2005 the OC&I issued an NOV alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and applicable Code of Federal Regulations regarding hazardous waste management enforceable by RIDEM. The violations pertained to Respondent's failure to properly label all containers holding hazardous waste, failure to mark containers of hazardous waste with the date on which the waste first began to accumulate, failure to keep all containers of hazardous waste closed except when adding or removing waste, failure to obtain a permit to treat hazardous waste, failure to develop a contingency plan, failure to determine if all wastes generated meet the definition of a hazardous waste, failure to provide annual hazardous waste management training for company employees who handle such waste and failure to provide a list of employees authorized to sign hazardous waste manifests on behalf of Respondent. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $28,000.00. The Respondent filed an appeal of the NOV with the AAD. The hearing on this matter was held on January 17, 2006. Post-hearing memoranda were filed on January 27, 2006 and the hearing was deemed concluded. On May 22, 2006 the Administrative Hearing Officer issued a recommended decision to the Director sustaining the NOV issued to the Respondent and ordering the Respondent to pay the administrative penalty in the amount of $28,000.00 within 30 days of entry of the Final Agency Order. The Director of RIDEM executed the Final Agency Decision and Order ("FADO") on May 23, 2006. The Respondent may appeal the FADO to the Superior Court within 30 days.

May 24, 2006 - OC&I/UST File No. 05 - 02256 re: Contractors Supply, Inc. and Grace E. Murphy, Trust for property located at 3340 Pawtucket Avenue, Assessor's Map 310, Block 5, Parcel in the City of East Providence. Respondent Grace E. Murphy trust is the owner of the property. Respondent Contractors Supply, Inc. is the operator of a 10,000-gallon UST on the property. The UST is registered with RIDEM to contain gasoline, but OC&I found that the UST contains diesel fuel. On September 30, 2005 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to notify RIDEM of the change in use of the UST, failure to utilize the automatic tank gauging system ("ATG") to perform required leak detection tests on a monthly basis from May 2002 through May 2005, failure to compile inventory control records from May 2002 through May 2005, failure to perform tightness testing of the product piping during the years 1995, 1998, 2000 through 2003, failure to maintain the ATG in an operable condition and failure to report the deactivation of the ATG to the RIDEM, failure to perform monthly testing of the ATG from May 2002 through May 2005, failure to perform annual certification/testing of the ATG during the years 1995 through 2004, failure to maintain the spill containment basin for the UST free of liquids, failure to label the fill port to identify the material stored in the UST and failure to retrofit the tank pad observation well to meet the construction requirements of the UST Regulations. In the NOV, the Respondents were ordered to achieve compliance with the UST Regulations. A penalty in the amount of $13,292.00 was assessed for the noncompliance. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents documented compliance with the order portion of the NOV. The Respondents further argued that they were working to achieve compliance through RIDEM's UST ERP process at the time RIDEM inspected the facility and determined noncompliance. The Respondents noted that incentives were provided early on in the ERP process whereby participants would not be assessed enforcement penalties for their voluntary participation in the ERP process. Accordingly, Respondents argued that penalties assessed in the NOV should be limited to the economic benefit Respondents may have gained through noncompliance. The OC&I agreed with the Respondents and reduced the assessed penalty to only the economic benefit. The Respondents agreed to pay a penalty in the amount of $3,492.00. The penalty has been paid.

May 30, 2006 - OC&I/Water Pollution File No. WP 04 - 14 x-ref. RIPDES Permit No RI0023621 re: Mayflower International Ltd. On November 19, 2004 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the Water Pollution Act and RIDEM's Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertained to Respondent's failure to submit Discharge Monitoring Report (DMR) Forms to RIDEM as required by the RIPDES Permit and failure to perform sampling. The Respondent is engaged in the processing of fish. The RIPDES Permit authorized the Respondent to discharge seawater from flumes that are used to transport fish from fishing vessels to a fish processing vessel that is periodically anchored in Narragansett Bay. The RIPDES Permit required that the Respondent perform sampling of the seawater discharge every 2 weeks during the discharge and report these results to RIDEM on a DMR Form by the 15th day of the month following the completed reporting period. The Respondent submitted DMR Forms for the months of January through September 2003 in a letter dated September 28, 2003 (DMR Report). The DMR Report stated that a discharge of seawater from the fish processing vessel to Narragansett Bay occurred between February 16, 2003 and April 4, 2003. The DMR Report further stated that no samples of the discharge were taken. OC&I assessed an administrative penalty in the amount of $11,500.00. The Respondent filed an appeal of the NOV. The hearing on this matter was held and concluded on February 20, 2006. On May 30, 2006 the Administrative Hearing Officer issued a recommended decision to the Director sustaining the NOV issued to the Respondent and ordering the Respondent to pay the administrative penalty in the amount of $11,500.00 within 30 days of entry of the Final Agency Order. The Director of RIDEM executed the Final Agency Decision and Order ("FADO") on May 30, 2006. The Respondent may appeal the FADO to the Superior Court within 30 days.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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rev. 2/15/06