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 2008. 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 firstname.lastname@example.org. 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.
May 1, 2008 - OC&I/Hazardous Waste File No. 2007-595-HW re: Monarch Metal Finishing Co., Inc. for property located at 189 Georgia Avenue, Assessor's Plat 58, Lot 540 in the City of Providence. The Respondent operates a facility on the property that conducts electroplating and metal finishing operations. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations") and Title 40 of the Code of Federal Regulations enforceable by RIDEM. The violations pertain to Respondent's failure to provide for annual hazardous waste training to company employees who manage hazardous waste and to maintain records of the training sessions; failure to conduct weekly inspections of the areas where containers of hazardous waste are stored to check for spills, releases and container conditions; and failure to maintain inspection logs for weekly inspections of hazardous waste container storage areas. The violations identified by the OC&I during an inspection of the facility are repeat violations by the Respondent. In the NOV, OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed an administrative penalty in the amount of $7,500.00.
May 1, 2008 - OC&I/Multi-Media File No. HW 06-067 re: John Lussier d/b/a John's Salvage Company and Lanmar Corporation for property located at 333 Cottage Street, Assessor's Plat 8, Lot 409, in the City of Pawtucket. The property is owned by the Lanmar Corporation ("Respondent Lanmar"). John Lussier operated a business on the property known as John's Salvage Company ("Respondent Lussier" or "John's Salvage"). OC&I alleges in the NOV that Respondent Lussier is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations pertaining to hazardous waste management. The violations pertain to Respondent Lussier's failure to obtain a permit to store hazardous waste for more than 90 days; failure to determine if wastes generated at the facility meet the definition of a hazardous waste; failure to provide adequate aisle space between containers of hazardous waste stored at the facility; failure to provide secondary containment for containers of liquid hazardous waste; failure to label all containers of hazardous waste; failure to store ignitable waste at least 50 feet from the property boundary; failure to provide training to employees who handle hazardous waste and to maintain records of such training; failure to have a contingency plan for the facility in the event of a fire, spill or release of hazardous waste; failure to test fire protection equipment to ensure proper operation in time of emergency; failure to inspect containers of hazardous waste on a weekly basis to check for leaks and deterioration; failure to maintain weekly inspection logs for containers of hazardous waste and failure to maintain an adequate supply of spill control equipment in the event of a release of hazardous waste. OC&I further alleges that Respondents Lussier and Lanmar are in violation of Rhode Island's Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations, Groundwater Quality Regulations and Underground Injection Control Regulations. The violations pertain to a release of oil to the ground at the facility and to a subsurface catch basin at the facility. The ground area around the catch basin for approximately 600 square feet and the catch basin were observed to have been saturated with spilled oil. The violations pertain to Respondents' unauthorized release of oil onto the land and into the catch basin, failure to stop the discharge of oil and remove the oil from the environment, failure to report the release to RIDEM, failure to operate a facility so as to prevent the discharge of any pollutant to groundwater; and failure to obtain an approval for the operation of an injection well that endangers groundwater quality. Prior to the issuance of the NOV, Respondent Lussier vacated the property and Respondent Lanmar removed all hazardous waste from the property. In the NOV Respondent Lanmar was ordered to file a report with the OC&I regarding all steps taken to clean up and remove oil pollution from the property, evaluate the extent of subsurface oil pollution associated with the catch basin on the property and submit a closure plan to eliminate the catch basin/underground injection control system. The OC&I assessed an administrative penalty of $47,590.00 against Respondent Lussier and assessed an administrative penalty of $15,000.00 against Respondent Lanmar. Both Respondents have filed an appeal of the NOV with the AAD.
May 9, 2008 - OC&I/Site Remediation File No. 2001-031 re: Kevin T. Malloy and The Johnston Corp Profit Plan for property located at number 1 and number 11 Mashapaug Street, Assessor's Plat 43, Lots 956, 957, 958, 959 and 989, in the City of Providence. The Johnston Corp Profit Plan is the owner of the property at number 1 Mashapaug Street, Assessor's Plat 43, Lot 956. The United States Investments & Development Corporation ("USIDC") is the owner of number 11 Mashapaug Street and the remaining lots. On November 14, 2001 the Rhode Island Office of the Secretary of State revoked the charter of the USIDC. Kevin T. Malloy is the last known president of the USIDC. On April 13, 2001 the RIDEM received notification of a release of a hazardous material on the property on behalf of the USIDC and received a site investigation report ("SIR"). RIDEM evaluated the SIR and determined that lead, arsenic and cadmium were present in the soil on the property in excess of RIDEM's method 1 residential direct exposure criteria as set forth in RIDEM's Site Remediation Regulations. The RIDEM issued a Letter of Responsibility ("LOR") to the USIDC in May 2001 and issued a Remedial Decision Letter to the USIDC in June 2001. The Remedial Decision Letter required that USIDC submit a Remedial Action Work Plan ("RAWP") to the RIDEM for review and approval. The USIDC failed to submit the RAWP as required. On July 17, 2006 the RIDEM issued a Letter of Noncompliance ("LNC") to the USIDC for its failure to submit a RAWP as required. The Johnston Corp Profit Plan took title to Assessor's Plat 43, Lot 956 on September 14, 2006. On October 5, 2006 the RIDEM issued a Notice of Intent to Enforce to the USIDC requiring the USIDC to submit a complete RAWP and Remedial Action Approval Application fee of $1,000.00. RIDEM has yet to receive the RAWP and fee. In the NOV, the OC&I ordered the Respondents to submit a RAWP and application fee of $1,000.00 and assessed a penalty in the amount of $17,000.00.
May 16, 2008 - OC&I/Hazardous Waste File No. 06 - 047 re: Richard J. DiSano, Sr. for property located at 1420 Elmwood Avenue, Assessor's Map Section 1, plat 4, lot 2616 in the City of Cranston. The Respondent is the owner of the property and has owned the property since 1984. The OC&I inspected the property in July 2006 in response to a complaint of storage of hazardous waste without a permit. The complaint was submitted by the Cranston Industrial Wastewater Discharge Pretreatment Program. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertains to Respondent's failure to obtain a hazardous waste storage permit for storing hazardous waste in excess of 90 days. OC&I's inspections at the facility uncovered at least 10 containers and 5 tanks holding hazardous waste. The waste was generated by a former electroplating company that operated at the property. The Respondent was the former owner and president of the electroplating company that operated on the property. That electroplating company had a discharge permit from the City of Cranston to discharge treated waste from the tanks on site; however, the City of Cranston confirmed that the company was no longer operating and was out of business in 2000. No other permits for discharge from the wastewater treatment system were authorized from the year 2000 forward. OC&I's sampling of the waste in containers and tanks revealed federally listed hazardous wastes associated with electroplating operations. Although the OC&I notified the owner that all hazardous wastes must be removed and properly disposed at a licensed hazardous waste treatment facility, the Respondent failed to remove all of the hazardous waste at the time of the issuance of the NOV. In the NOV the OC&I ordered the Respondent to remove and properly dispose of all hazardous waste and assessed a penalty in the amount of $99,429.00.
May 23, 2008 - OC&I/Solid Waste File No. 06-006 re: Patriot Hauling Company, Inc. and Joseph L. & Nina Vinagro for property located at 114 Shun Pike, Assessor's Plat 32, lots 11, 12, and 17 in the Town of Johnston. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities ("the Solid Waste Rules"). The violations alleged in the NOV pertain to Respondents' disposal of solid waste at other than a solid waste management facility licensed by the RIDEM including land filling of waste, operating an unlicensed solid waste management facility including processing of construction and demolition debris, operating a facility that accepts or stores co-mingled recyclable materials including wood waste and construction and demolition debris without obtaining a license, registration or approval from the RIDEM, accepting or storing co-mingled recyclable materials and operating outside the confines of a closed structure without obtaining a license, registration or approval from the RIDEM and operating a facility that processes more than 50 tons of construction and demolition debris per day without first registering with the RIDEM and complying with the Solid Waste Rules. The Respondents were cited previously by the OC&I for similar violations in prior NOVs that were resolved through a Consent Agreement. In the NOV, the OC&I ordered Respondents to cease accepting solid waste at the facility and remove all solid waste to a licensed solid waste management facility. A penalty in the amount of $300,000.00 was assessed for Respondents' noncompliance.
May 13, 2008 - OC&I/Hazardous Waste File No. 07 - 011 re: Northland Environmental, Inc. The Respondent has a permit from RIDEM to operate a hazardous waste treatment, storage and disposal facility at 275 Allens Avenue in the City of Providence. On February 28, 2008 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 Condition # 34 of Respondent's Hazardous Waste facility permit. The violation pertained to Respondent's failure to store hazardous waste in containers that are in good condition. On 28 September 2006, RIDEM conducted an inspection of Respondent's facility and observed in Respondent's Lower Warehouse a spill of liquid on the concrete floor emanating from the hazardous waste (waste cyanide) container storage area and extending across two aisles. In Respondent's Upper Warehouse, inspectors observed a T-pack container that was in poor condition with visible damage on the bottom as a result of corrosion and two distinct areas where leakage had occurred in the same area. The Respondent took corrective action to transfer the hazardous waste in the corroded containers into containers in good condition, transfer leaking containers into over pack containers and collected any spilled hazardous waste and placed the waste into good containers. In the NOV, the OC&I assessed an administrative penalty of $5,000.00. 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 agreed to pay a penalty in the amount of $4,000.00. The penalty has been paid in full.
May 14, 2008 - OC&I/Septic System File No. CI 02 - 063 re: Alfred and Carol Lewis for property located at 972 Crandall Road, Assessor's Plat 131, Lot 10A in the Town of Tiverton. The property includes a dwelling assessed by the Town of Tiverton as a single family mobile home and is owned by the Respondents. On August 21, 2007 OC&I issued a NOV to the Respondents alleging certain violations of the Rhode Island General Laws and the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems for the overflow of sewage to the surface of the ground from the individual sewage disposal system ("ISDS") at the property. In the NOV, the Respondents were ordered to reduce the discharge of sewage to the ISDS, such as through the use of water conservation devices, arrange to have the ISDS pumped by a licensed septage hauler as frequently as necessary to prevent the ISDS from overflowing, and retain a licensed designer to evaluate the cause of the failure and repair the ISDS if needed. OC&I assessed an administrative penalty of $600.00. The Respondents filed an appeal of the NOV with AAD. On April 9, 2008 the Respondents repaired the failed ISDS as evidenced by the issuance of a Certificate of Conformance by RIDEM. Prior to hearing, the Respondents and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay a penalty in the amount of $300.00. Upon execution of the Consent Agreement, the Respondents paid $150.00. The remaining $150.00 is to be paid within thirty days of execution of this Agreement.
May 15, 2008 - OC&I/Solid Waste File No. 06-007 re: Richmond Realty Associates, LLC for alleged violations found on property located at 116 Kingstown Road, Assessor's Plat 5C, Lot 5 in the Town of Richmond. The property is adjacent to the Richmond Sand & Gravel putrescible waste composting facility and is owned by the Respondent. John Aiello, Jr. is Respondent's managing partner and the former president of Richmond Sand & Gravel, Inc. On December 21, 2006 the OC&I issued a NOV to the Respondent alleging that Respondent violated Rhode Island's Refuse Disposal Act, specifically Rhode Island General Law Section 23-18.9-5 and RIDEM Solid Waste Regulation Number 1.4.01. The violations pertained to disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. On 13 September 2005, 8 February 2006 and 30 March 2006, representatives of RIDEM's Office of Waste Management inspected the property and determined that the Respondent had deposited paper pulp waste mixed with wood chips, leaves, tree limbs, pieces of plastic bagging and other similar solid waste onto the ground. As of 30 March 2006, the RIDEM inspector determined that the area where waste had been deposited covered as much as 10 acres varying from a few inches on the periphery to at least three feet in depth in several interior portions of the waste deposit area. On 26 April 2006, the Office of Waste Management issued a Notice of Intent to Enforce ("NOI") to the Respondent. The NOI required submission of a plan for removal of the waste and proper disposal of the solid waste currently placed at the property by August 30, 2006. The Respondent failed to comply with the NOI. On 21 August 2006, Richmond Sand & Gravel, Inc. provided information to RIDEM's Office of Waste Management that estimated the amount of waste to be 64,533 cubic yards. In the NOV, the OC&I ordered the Respondent to cease operating a solid waste management facility without a license and to remove and properly dispose of all solid waste from the property within 90 days of receipt of the NOV. A penalty in the amount of $50,000.00 was assessed for Respondent's noncompliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent requested that it be allowed to compost the waste on site to Class A compost standards for use as part of development plans for the property and submitted a proposal and plan to accomplish the composting. Among other restrictions and requirements the Consent Agreement requires the Respondent to compost all of the waste cited in the NOV to Class A compost no later than May 30, 2009. The compost may only be used on the property and may not be sold for off site use. The Respondent agreed to pay a penalty in the amount of $24,900.00 with $6,225.00 to be paid upon execution of the Consent Agreement and the remaining penalty to be made in three installments of $6,225.00 each. The Respondent has paid the initial $6,225.00.
May 16, 2008 - OC&I/Site Remediation File No. 07 - 002 re: N. A. J. Properties, LLC for property located at Howard Wharf, Assessor's Plat 32, Lot 48.7, 252 in the City of Newport. On December 20, 2007 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Site Remediation Regulation 11.02 and Section H of an Environmental Land Use Restriction ("ELUR") dated December 19, 2003. The ELUR was recorded in the land evidence records. The violation pertained to Respondent's failure to evaluate the compliance status of the Property consistent with the requirements set forth in the ELUR and Respondent's failure to submit an evaluation report to the RIDEM on an annual basis from December 2004 to present. In the NOV, the OC&I ordered the Respondent to complete an evaluation and to submit the report detailing the findings of the evaluation within thirty days. The OC&I assessed a penalty in the amount of $3,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent submitted the required report to RIDEM's Office of Waste Management to satisfy the order portion of 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 $2,500.00. The penalty was paid upon execution of the Consent Agreement.
May 20, 2008 - OC&I/UST File No. 05-00105 re: Metropolitan Oil Company, Inc. and Pasqualina A. Zampa - Lena Zampa Living Trust for property located at 1086 Main Street, Assessor's Plat 17, Lots 41 and 42 in the Town of West Warwick. The Respondents are/were the owners and operators of eight USTs consisting of three 10,000-gallon No. 2 heating oil USTs, three 8,000-gallon gasoline USTs, a 2,000 gallon diesel fuel UST and a 2,000-gallon kerosene UST. Respondent Metropolitan Oil Company, Inc. previously received a NOV from the RIDEM in 1995 for alleged noncompliance with the RIDEM UST Regulations and resolved that enforcement action through execution of a Consent Agreement in November 1995. On June 30, 2005 the OC&I issued an NOV to Metropolitan Oil Company, Inc. and Pasqualina A. Zampa alleging that they violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to perform operational surveys of the impressed current cathodic protection system for the three No. 2 heating oil USTs for the years 1999, 2001 and 2003, failure to inspect the impressed current cathodic protection system for these USTs at least once every 60 days to ensure that the equipment was running properly from October 1999 through October 2004, failure to compile inventory control records for any of their USTs from October 2001 through October 2004, failure to perform tank tightness testing for the gasoline, diesel and kerosene USTs from 1998 through 2003, failure to perform tank tightness testing for the three No. 2 heating oil USTs during the years 2002 and 2003, failure to perform tightness testing of the product piping for the diesel and kerosene USTs from 1995 through 2003, failure to perform annual functionality testing of the line leak detectors for the three gasoline USTs, the diesel fuel and the kerosene UST from 1995 through 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from October 2001 through October 2004, failure to perform annual certification/testing of the CMS from 1995 through 2003, failure to label the fill port for the kerosene UST and properly label the fill port for the diesel fuel UST, failure to maintain the piping collection sump for one of the 8,000-gallon gasoline USTs free of liquid, failure to maintain the spill containment basins for the USTs free of liquids and solid debris and failure to provide overfill protection for the diesel fuel and kerosene USTs. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $42,505.00. The Respondents failed to request a hearing to contest the NOV. Ms. Pasqualina A. Zampa is now deceased. Prior to proceeding to Superior Court to enforce the NOV, Metropolitan Oil Co., Inc. and Lena Zampa Living Trust and the OC&I executed a Consent Agreement to resolve the enforcement action. Metropolitan Oil Co., Inc. was able to show through documents that it was in compliance with some of the UST Regulation requirements that were cited in the NOV; however, it could not show full compliance with the UST Regulations. The Respondents to the Consent Agreement agreed to achieve full compliance with the UST Regulations within 30 days of execution of the Consent Agreement and agreed to pay a penalty in the amount of $27,648.00 within 15 days of execution of the Consent Agreement.
May 21, 2008 - OC&I/Water Pollution File No. WP 06 - 113 re: Marion Filippi. On February 21, 2005 the Respondent was issued a permit by RIDEM to dredge approximately 2,600 cubic yards of sediment from Old Harbor in New Shoreham. On January 12, 2006, April 14, 2006 and May 18, 2006 RIDEM approved modifications to the permit. The conditions of the permit restricted dredging to the period between April 15 - May 15 and October 15 - January 31 and required the installation of a turbidity barrier around the dredging operation and the installation and maintenance of erosion/sediment controls at the dredge stockpile location. On September 14, 2007 OC&I issued a NOV to the Respondent alleging certain violations of the Rhode Island General Laws and the RIDEM Water Quality Regulations and the RIDEM Rules and Regulations for the Dredging and the Management of Dredged Material. The violations pertained to Respondent's failure to install a turbidity barrier around the dredging operation and failure to maintain adequate erosion/sediment controls around the dredge stockpile location. In the NOV, OC&I assessed an administrative penalty of $6,250.00. The Respondent filed an appeal of the NOV with AAD. Prior to hearing, the Respondent and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay $4,000.00 which was paid upon execution of the Consent Agreement.
May 29, 2008 - OC&I/Wetlands File No. C03 - 0150 re: Vincent Coccoli for property located approximately 70 feet northwest of East Wallum Lake Road, by utility pole no. 104, approximately 2,500 feet north-northwest of the intersection of Stone Barn Road and East Wallum Lake Road, Assessor's Plat 52, Lot 7 in the Town of Burrillville. On October 27, 2003 OC&I issued a NOV to the Respondent alleging certain violations of R.I.G.L. 2-1-21 et seq. (the Freshwater Wetlands Act) and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, excavating, and filling in multiple areas of freshwater wetlands on the property. This activity resulted in the unauthorized alteration of 6,100 square feet of Swamp and 9,200 square feet of Perimeter Wetland and Riverbank Wetland. In the NOV the Respondent was ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $2,300.00. The Respondent failed to file an appeal of the NOV with AAD and failed to comply with the actions ordered in NOV. The property was subsequently acquired by Ronald Annis, Jr. Mr. Annis satisfactorily restored the freshwater wetlands on the property and paid the penalty assessed in the NOV. In lieu of proceeding to Superior Court to enforce the NOV, Mr. Annis and OC&I executed a Consent Agreement to resolve the NOV. Mr. Annis agreed to ensure the survival of all shrubs or tree plants installed on the property for one year, remove all erosion and sedimentation controls from the freshwater wetlands upon stabilization of all disturbed soil, and allow the freshwater wetlands to revert to a natural wild condition.