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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > May 2010 Summary

 
May 2010 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 2010. 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:

May 5, 2010 - Air File No. 10-07 re: Admiral Packaging, Inc. for a facility located at 10 Admiral Street in the city of Providence. RIDEM issued a permit to the Respondent on September 11, 2008 to emit air pollutants from its facility (the Permit). The Permit has the following conditions: maintain the operating temperature of its CCM regenerative thermal oxidizer (C003) at or above 1500 degrees Fahrenheit whenever volatile organic compounds (VOCs) are being discharged to the oxidizer and equip the emission units for the flexographic printing presses (P003 and P015) with an interlock to prevent operation of the presses if the operating temperature of C003 is less than 1500 degrees Fahrenheit. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 29, entitled "Operating Permits" and the Permit. The violations pertain to the failure to maintain the operating temperature of C003 at or above 1500 degrees Fahrenheit at all times when VOCs were discharged to the oxidizer and failure to set the interlock temperature of P003 and P015 at 1500 degrees Fahrenheit. In the NOV, OC&I assessed an administrative penalty of $7,000.00.

May 5, 2010 - Underground Storage Tank File No. 2010-00625 re: Elie N. Sakr, Pierre N. Sakr, and Hawk Enterprises, Inc. for property located at 119 Greenville Avenue in the town of Johnston. The property includes a service station and six underground storage tanks (USTs) used for storage of petroleum products (the facility). Elie N. Sakr and Pierre N. Sakr are the owners of the property. Hawk Enterprises, Inc. is the operator of the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: perform 0.2 gallon per hour leak tests for USTs at least once per month; compile and maintain inventory control records; retain a licensed tightness tester to perform tank tightness tests every two years; retain a licensed tightness tester to perform tank tightness tests annually for tanks used for storage of used oil; retain a qualified tester to perform annual testing of line leak detectors; perform annual testing of shear valves; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; and bail and evaluate the water in all groundwater monitoring wells for visual and olfactory evidence of free product no less than once per year. The violations were first observed during an inspection by the RIDEM on June 19, 2009. RIDEM issued informal notices to the Respondents on August 11, 2009 and October 20, 2009 and met with Elie Sakr on November 2, 2009 to discuss the notices. The Respondents failed to fully comply with the notices. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $28,835.00.

May 11, 2010 - Air File No. 10-04 re: Rhode Island Air National Guard for a facility located at 502 Rhode Warrior Way in the town of North Kingstown. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of a 422 horsepower diesel fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The horsepower of the generator exceeds the 50 horsepower permitting threshold set forth in APC Regulation No. 9. On April 23, 2010 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. The application stated that the generator was installed in March 2009. In the NOV, OC&I assessed an administrative penalty of $1,000.00.

May 11, 2010 - Freshwater Wetland File No. C92-0393 re: Full Channel TV, Inc. for property located approximately 200 feet west of Serpentine Road, approximately 1500 feet southwest of the intersection of Serpentine Road and School House Road, Assessor's Plat 21, Lot 283 in town of Warren. The property is owned by the Respondent and includes a communications tower. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and filling (in the form of at least gravel) within Swamp and 50-foot Perimeter Wetland for the purpose of constructing a roadway to obtain access to the communications tower and the installation of culvert pipes within three Areas Subject to Storm Flowage. This activity resulted in the unauthorized alteration of about 5,900 square feet of freshwater wetlands. The violation was first observed during an inspection of the property on October 27, 1992. On February 25, 1993 RIDEM issued a written notice to the Respondent requiring restoration of the freshwater wetlands. Inspections of the property by RIDEM in 1996 and 2008 revealed that the roadway remained in place. RIDEM issued a second written notice to the Respondent on August 25, 2008 and met with agents of the Respondent on October 16, 2008. RIDEM was informed at the meeting that the Respondent intended to review the file and would get back to RIDEM. The Respondent failed to respond. Inspection of the property by RIDEM on April 14, 2010 revealed that the roadway remained in place. In the NOV, OC&I ordered the Respondent to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $2,100.00.

May 18, 2010 - Freshwater Wetland File No. C08-37 re: Clarence Huling and Winifred Ann Constanza for property located at 55 Forest Lane in town of East Greenwich. The Respondents are the owners of the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing and filling (in the form of at least soil material and construction debris) within Swamp and 50-foot Perimeter Wetland for the purpose of constructing roadways. This activity resulted in the unauthorized alteration of about 11,460 square feet of freshwater wetlands. The violation was documented by RIDEM in inspections performed on January 30, 2008, April 24, 2008, and June 18, 2008. On August 12, 2008, RIDEM issued a written notice to the Respondents requiring restoration of the freshwater wetlands. Mr. Huling stated that he had no intention of complying with the notice. In the NOV, OC&I ordered the Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $8,000.00.

May 26, 2010 - Multi Media Water Pollution File No. 10-40 and Septic System File No. CI 08-112 re: Leo LaPorte for property located at 2 Mapledale Street in the town of Coventry. The property includes a 3-bedroom dwelling and separate commercial building. The property is owned by Read Commons, a Rhode Island General Partnership. The Rhode Island Secretary of State's corporation database has no listing for Read Commons. Upon information and belief, Leo LaPorte is a general partner of Read Commons. OC&I alleges that the Respondent is in violation of the Rhode Island Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertain to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground and into the storm water drainage system located on Mapledale Street. The storm water drainage system discharges to a wetland associated with the South Branch of the Pawtuxet River and is a water of the State. RIDEM first inspected the property on September 28, 2009 and identified the sewage overflow to the ground surface. On September 28, 2009, following the inspection, the RIDEM inspector handed a field notice to Leo LaPorte. The notice required Mr. LaPorte to pump the system as needed to prevent overflows, have the system evaluated by a licensed designer to determine the cause of the failure, and repair the system, if necessary. A second inspection on February 2, 2010 identified the overflow into the storm water drainage system. On February 19, 2010, Mr. LaPorte submitted an application to repair the system. The application was approved on February 23, 2010; however, Mr. LaPorte has failed to repair the system. In the NOV, OC&I ordered the Respondent to take immediate steps to reduce the discharge of sewage to the system and pump the system as needed to prevent overflows to the ground surface and repair the system in accordance with the approved application within 120 days. OC&I assessed an administrative penalty of $4,500.00.

May 26, 2010 - Underground Storage Tank File No. 2010-00674 re: Cesar Costa and Cesar Costa's Auto Service, Inc. for property located at 635 Bullocks Point Avenue in the city of East Providence. The property includes a service station and two underground storage tanks (USTs) used for storage of petroleum products (the facility). Cesar Costa is the owner of the property. Cesar Costa's Auto Service, Inc. is the operator of the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertain to the failure to: compile inventory control records for the USTs during the time period of June 2008 through October 2009; retain a qualified tester to test the line leak detectors in 2008; test the shear valves in 2008; and retain a qualified person to inspect, calibrate, and test the continuous monitoring system in 2008. The violations were first observed during an inspection by the RIDEM on October 29, 2009. RIDEM issued letters to the Respondents on November 23, 2009 and January 25, 2010 requesting any records that demonstrated that the Respondents had complied with the UST Regulations for the violations alleged above. RIDEM did not receive any such records. In the NOV OC&I ordered the Respondents to submit written verification that they are now compiling and maintaining inventory control records for the USTs. OC&I assessed an administrative penalty of $3,215.00.

May 28, 2010 - Underground Storage Tank File No. 2010-02128 re: Salem Silveira Land Company LLC for property located at 943 Main Street in the town of Warren. The property includes a gasoline service station and convenience store and two underground storage tanks (USTs) used for storage of petroleum products (the facility). The Respondent is the owner of the property. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to: compile inventory control records for the USTs during the time period of October 2005 through February 2008; procure the services of a qualified person to test the line leak detectors for the USTs in 2005, 2006, and 2007; perform testing of shear valves in 2005, 2006, and 2007; and retain a qualified person to inspect, calibrate, and test the continuous monitoring system in 2005, 2006, and 2007. The violations were first observed during an inspection by the RIDEM on October 24, 2008. RIDEM issued letters to the Respondent on November 18, 2008 and January 27, 2009 requesting any records that demonstrated that the Respondent had complied with the UST Regulations for the violations alleged above. RIDEM did not receive any such records. The current operator of the facility has brought the facility into compliance with the UST Regulations. In the NOV OC&I assessed an administrative penalty of $10,895.00.

May 28, 2010 - Air File No. 10-11 re: Rhode Island Department of Administration for a facility located at the Pastore Center in the city of Cranston. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of a 380 horsepower diesel fired emergency generator and the installation of a 316 horsepower diesel fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The horsepower of the generators exceeds the 50 horsepower permitting threshold set forth in APC Regulation No. 9. On April 6, 2010 the Respondent submitted permit applications and associated fees to RIDEM for the emergency generators. The applications stated that the 380 horsepower generator was installed in April 2009 and the 316 horsepower generator was installed in April 2008. In the NOV, OC&I assessed an administrative penalty of $2,000.00.

May 2010 Septic System Notices of Violation issued by the OC&I:

The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of the RIDEM Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertain to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In each case OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent(s). The NIE required the Respondent(s) to take specific corrective actions to resolve the violation. In each case the Respondent(s) failed to comply with the requirements of the NIE. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system.

OC&I assessed the following administrative penalties against each named Respondent: Rocco Iannotti and Randee Elman ($1,400.00); Norbert Mongeon, Sr. ($1,400.00); and Scott and Deborah Sellen ($1,600.00).

May 28, 2010 - Septic System File CI09-29 re: Rocco Iannotti and Randee Elman for property located at 50 Glenham Road, Assessor's Plat 22/2, Lot 95 in the city of Cranston. The property includes a 3- bedroom dwelling that is owned by the Respondents.

May 28, 2010 - Septic System File CI09-28 re: Norbert Mongeon, Sr. for property located at 7 Sayles Hill Road, Assessor's Plat 17, Lot 132 in the town of North Smithfield. The property includes a 3-bedroom dwelling that is owned by the Respondent.

May 28, 2010 - Septic System File No. CI09-34 re: Scott and Deborah Sellen for property located at 365 Ring Avenue, Assessor's Plat 295, Lot 233 in the city of Warwick. The property includes a 2-bedroom dwelling that is owned by the Respondents.

Formal Enforcement Cases Settled or Resolved:

May 26, 2010 - Air File No. 10-08 re: Home & Hospice Care of Rhode Island for a facility located at 1085 North Main Street in the city of Providence. On February 17, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of a 191 HP oil fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The horsepower of the generator exceeded the 50 HP permitting threshold set forth in APC Regulation No. 9. On January 26, 2010 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. The application stated that the generator was installed on November 3, 2009. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent did not file an appeal of the NOV with AAD. In lieu of referral of the NOV to a collection agency, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay $500.00, which was paid upon execution of the Agreement.

May 28, 2010 - Hazardous Waste File No. 2008 1926 HW re: Tanury Industries, Inc. for a facility located at 6 New England Way in the town of Lincoln. The Respondent operates a commercial business engaged in electroplating and is registered with RIDEM as a large quantity hazardous waste generator. On May 8, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to the following: failure to properly label containers holding hazardous waste; failure to keep containers of hazardous waste closed at all times unless adding or removing hazardous waste from the containers; failure to indicate the accumulation start date for the waste held in the containers; failure to comply with the 90 day storage limit for hazardous waste accumulation; failure to provide secondary containment for all containers holding liquid hazardous waste; and failure to properly contain, label, and document universal waste comprised of mercury fluorescent bulbs. OC&I inspected the facility and documented the violations on March 20, 2008. At the time of the inspection the OC&I inspectors advised the Respondent of the violations and the actions necessary to correct the violations. On March 3, 2009 OC&I inspected the facility and determined that the Respondent had resolved all the noncompliance issues observed in the prior year. In the NOV, OC&I assessed an administrative penalty of $35,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay $20,000.00 in five installments of $4,000.00 each. The first installment was paid upon execution of the Agreement.

May 28, 2010 - Air File No. 08-12 re: Quarter Moon, Inc. for a facility located at 200 Highpoint Avenue in the town of Portsmouth. The Respondent operates a facility that is engaged in the manufacture of boats and is a stationary source of air pollutants. The Respondent was issued a permit by the RIDEM Office of Air Resources (OAR) on April 7, 2004 and a revised permit on March 19, 2007 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits". On May 28, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 29. The violation pertained to the failure to submit an Annual Certification of Compliance for calendar year 2007, a semi-annual monitoring report for the reporting period ending December 31, 2007 and a semi-annual periodic report for its wood products manufacturing operations for the reporting period ending December 31, 2007 as required by the permit. On April 4, 2008 OAR issued a Notice of Alleged Violations (NOAV) to the Respondent requiring the submission of the required reports. On or about August 26, 2008 the Respondent submitted the reports to OAR. In the NOV, OC&I assessed a penalty of $2,000.00. The Respondent did not file an appeal of the NOV with AAD. In lieu of referral of the NOV to a collection agency, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay $1,250.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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