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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > May 2011 Summary

 
May 2011 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 2011. 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. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

May 3, 2011 - Dam File No. 097 (Butterfly Pond Dam) re: Town of Lincoln for property located immediately northwest of the intersection of Breakneck Hill Road and Great Road in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to repair the low level gate. The OC&I did not assess an administrative penalty.

May 3, 2011 - Dam File No. 527 (Metcalf Wildlife Marsh Dam) re: SCOBCO Associates and Pauline C. Metcalf for property located northwest of the intersection of Tripps Corner Road and Sheffield Hill Road and east of Gardiner Road, in the town of Exeter. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondents own the dam. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 24, 2010. The inspection revealed the following: excessive vegetation on the left two thirds of the downstream side of the embankment did not allow a proper inspection to be performed and an inoperable low level gate. In the NOV, the OC&I ordered the Respondents to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, submit a report to the OC&I prepared by the engineer on the findings of the inspection, and repair the low level gate. The OC&I did not assess an administrative penalty.

May 3, 2011 - Dam File No. 239 (Slocum Reservoir Dam) re: American Baptist Churches of Rhode Island for property located south of Exeter Road, west of Railroad Avenue, north of Liberty Road and east of South County Trail (Route 2), in the town of Exeter. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 24, 2010. The inspection revealed an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to repair the low level gate. The OC&I did not assess an administrative penalty.

May 3, 2011 - Dam File No. 035 (Gilleran Pond Dam) re: Mapleville Main, Inc for property located on the east side of Gazza Road, just north of the southern intersection of Gazza Road and Zenon Street, in the town of Burrillville. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 3, 2010. The inspection revealed an inoperable low level gate. In the NOV, the OC&I ordered the Respondent to repair the low level gate. The OC&I did not assess an administrative penalty.

May 4, 2011 - Septic System File CI 10-021 re: Michael A. St. Angelo, Jr. and Lisa A. St. Angelo for property located at 19 Pine Lane, Assessor's Plat 61, Lot 31 in the town of Johnston. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (effective October 1, 1998). The violation pertains to the installation of a drinking water well and individual sewage disposal system (ISDS) on the property without complying with the minimum separation distance set forth in the regulations. On June 7, 2000 RIDEM approved an application to repair the ISDS. The approval required that: the existing well located in the front of the property be capped with concrete and abandoned, the ISDS be constructed in the front yard; and a new well be constructed in the rear yard. On November 30, 2009, the OC&I inspected the property. The inspection revealed that the new drinking water well and ISDS were constructed in the front yard at a distance of approximately forty one feet. On October 22, 2010 the OC&I issued an informal written notice to the Respondents for the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to submit an application to repair the ISDS and construct the ISDS in accordance with the approval OR install a drinking water well in accordance with all applicable state and local regulations. In the NOV, the OC&I assessed an administrative penalty of $600.00.

May 4, 2011 - Septic System File CI 09-062 re: Shirley Langlais and Shirley Barboza for property located at 25 Shore Drive, Assessor's Plat 62, Lot 7 in the town of Johnston. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground and into a drain tributary to a watercourse. On June 17, 2009, September 2, 2009 and April 25, 2011 the OC&I inspected the property and documented the violation. On September 6, 2009 the OC&I issued an informal written notice to the Respondents for the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $4,200.00.

May 5, 2011 - Freshwater Wetland File No. FW C10-238 re: Deborah Johnson and Baird Properties, LLC for property located at 33 Money Hill Road, Assessor's Plat 10A, Lot 30 in the town of Glocester. Deborah Johnson owns 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 for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to filling (in the form of at least soil material) within an Emergent Plant Community (EPC). This activity resulted in the unauthorized alteration of approximately 4,700 square feet of freshwater wetland. The OC&I inspected the property on November 16, 2010 and December 20, 2010 and documented the violation. In response to the inspection on November 16, 2010 the OC&I received a plan to restore the EPC that was submitted by Natural Resources Services (NRS) on behalf of Baird Properties, LLC and on December 20, 2010 a representative of NRS spoke with the OC&I regarding the work required to resolve the violation. While some work was undertaken to restore the EPC, the Respondents failed to fully resolve the violation. The Respondents did not receive approval from RIDEM to alter the EPC. The OC&I had previously cited Deborah Johnson for undertaking activity near or in the EPC. On November 26, 2001 the OC&I issued a written warning to Deborah Johnson for undertaking activity adjacent to the EPC. On March 1, 2002 the OC&I issued a written cease and desist order to Daryl Johnson for altering the EPC. In the NOV, the OC&I ordered the Respondents to restore the EPC. The OC&I assessed an administrative penalty of $3,250.00.

May 5, 2011 - Multi Media- Solid Waste and OWTS/File Nos. SW 2011-03 and OWTS CI 09-007 re: Diana D. Burdett for a property located at 901 Mooresfield Road, Assessor's Plat 17, Lot 17 in the town of South Kingstown. The property includes a two bedroom single family dwelling. An onsite wastewater treatment system (OWTS) treats the wastewater from the toilets, showers, and sinks for the dwelling (Main OWTS). A separate OWTS treats the laundry wastewater from the dwelling (Laundry OWTS). The Respondent owns the property. The OC&I alleges that the Respondent is in violation of RIDEM's Refuse Disposal Act and RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The solid waste violation pertains to the depositing of approximately 90 cubic yards of solid waste on the ground (consisting of used tires, junk automobiles, broken boat parts, wood waste, steel tanks, used appliances, carpeting, plastic waste, barrels, drums, household refuse, and other mixed solid waste). The OWTS violations pertain to the discharge of wastewater from the Main OWTS and Laundry OWTS to the surface of the ground. Inspections of the property by the OC&I on February 11, 2009, May 24, 2010, and November 1, 2010 documented the violations. The OC&I issued written notices to the Respondent and David Burdett on February 13, 2009 and February 24, 2009 for the violations and spoke with Mr. Burdett regarding the OWTS violations on May 4, 2009. The OC&I inspector spoke with the Respondent's tenant on May 24, 2010. The tenant informed the OC&I inspector that he (the tenant) was seeking authorization from the Respondent to correct the OWTS violations and that the Respondent was seeking to divest from the property and let the bank foreclose. The Respondent has failed to comply with the notices. In the NOV, the OC&I ordered the Respondent to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $4,200.00.

May 9, 2011 - Multi Media- OWTS and Water Pollution/File Nos. OWTS CI 11-024 and WP 94-236 re: Christine L. Carey for a property located at 12 Andrews Terrace, Assessor's Plat 5, Lot 215 in the town of North Smithfield. The property includes a six bedroom two family dwelling. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations), Rhode Island's Water Pollution Control Act, and RIDEM's Water Quality Regulations. The violations pertain to the discharge of wastewater from the dwelling through a pipe to the bank of the Branch River and into the Branch River. Inspections of the property by the OC&I on September 26, 2007 and October 3, 2007 documented the violations. The OC&I issued written notices to the Respondent on October 11, 2007 and August 31, 2009 for the violations. The Respondent failed to comply with the notices. In the NOV, the OC&I ordered the Respondent to reduce the discharge of wastewater from the dwelling, such as through the installation and use of water conservation devices and fixtures and install an onsite wastewater treatment system (OWTS) to treat the wastewater from the dwelling in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $3,300.00.

May 9, 2011 - Multi Media- OWTS and Water Pollution/File Nos. OWTS CI 11-023 and WP 94-236 re: David and Donna Morin for a property located at 10-A Andrews Terrace, Assessor's Plat 5, Lot 213 in the town of North Smithfield. The property includes a six bedroom two family dwelling. The Respondents own the property. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations), Rhode Island's Water Pollution Control Act, and RIDEM's Water Quality Regulations. The violations pertain to the discharge of wastewater from the dwelling through a pipe to the bank of the Branch River and into the Branch River. Inspections of the property by the OC&I on September 26, 2007 and October 3, 2007 documented the violations. The OC&I issued written notices to the Respondents on October 11, 2007 and August 31, 2009 for the violations. The Respondents failed to comply with the notices. In the NOV, the OC&I ordered the Respondents to reduce the discharge of wastewater from the dwelling, such as through the installation and use of water conservation devices and fixtures and install an onsite wastewater treatment system (OWTS) to treat the wastewater from the dwelling in accordance with the OWTS Regulations. The OC&I assessed an administrative penalty of $3,300.00.

May 11, 2011 - Hazardous Waste File No. 2011-3 HW re: W.R. Cobb Company for a facility located at 800 Waterman Avenue in the city of East Providence. The facility is used for electroplating. The Respondent was registered with RIDEM as a small quantity hazardous waste generator at its former facility located at 850 Wellington Avenue in Cranston. The Respondent relocated to 800 Waterman Avenue and transported hazardous waste from its former facility to its current facility. The Respondent is not registered with the RIDEM as a hazardous waste generator at its current facility. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertain to Respondent's failure to: obtain a permit from RIDEM prior to transporting hazardous waste; obtain a permit from RIDEM prior to treating, storing or disposing of hazardous waste; apply for and obtain an Environmental Protection Agency (EPA) identification number from RIDEM prior to shipping hazardous waste offsite; prepare a manifest to accompany each shipment of hazardous waste offsite; properly label all satellite accumulation containers holding hazardous waste with the words "Hazardous Waste" and other words identifying the contents of the container; properly label all containers holding hazardous waste, excluding satellite containers, with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark containers holding hazardous waste with the date upon which the waste first began to accumulate; conduct weekly inspections of container storage areas and maintain documentation of each inspection; submit copies of the facility's contingency plan to local authorities and amend the plan whenever there are changes to the facility's personnel, processes or design; provide training for all employees who manage hazardous waste; label containers holding used oil with the words "Used Oil"; submit to RIDEM a list of agents authorized to sign uniform hazardous waste manifests for shipments of hazardous waste; clearly label or mark each container of used electronics (not containing cathode ray tubes) with the phrase "Universal Waste - Used Electronic Devices not containing CRTs"; clearly label or mark each container of mercury lamps with one of the following phrases: "Universal Waste - Lamp(s), or "Waste Lamp(s)", or "Used Lamp(s)"; and demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The OC&I inspected the facility on November 1, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $58,388.00.

May 16, 2011 - Septic System File CI 05-182 re: Lynn A. Soscia for property located at 9 Anthony Street, Assessor's Plat 55, Lot 25 in the town of Coventry. The property includes a 4 family apartment building and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On September 26, 2005 and May 5, 2011 the OC&I inspected the property and documented the violation. On September 29, 2005 the OC&I issued a written notice to the Respondent for the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the plumbing from the building to the town sanitary sewerage system and properly abandon the OWTS in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $2,800.00.

May 24, 2011 - Dam File No. 391 (Handy Upper Dam) re: Town of Lincoln for property located immediately west of Old River Road, south of the intersection of Old River Road and Mussey Brook Road and north of the intersection of Old River Road and Crestwood Lane, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed the following: excessive vegetation along the upstream and downstream slopes of the embankment and on the spillway that did not allow a proper inspection to be performed and possible sediment transport through the embankment. In the NOV, the OC&I ordered the Respondent to remove the excess vegetation from the embankment and spillway, retain a professional engineer with experience in dam inspections to inspect the dam, and submit a report of the findings of the inspection to the OC&I and an application to repair the dam if the report concludes that repairs are necessary. The OC&I did not assess an administrative penalty.

May 26, 2011 - Freshwater Wetland File No. FW C08-136 re: Gerald Del Signore, Jr. and Deborah Del Signore for property located at 191 Pray Hill Road, Assessor's Plat 9, Lot 186 in the town of Glocester. The Respondents own 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 for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, grading and filling (in the form of soil material), creating pasture/grazing areas (in some locations), and installing a well and pump within a Swamp and 100 foot Riverbank Wetland; clearing, filling (in the form of soil material, stone, and other construction materials), grading, and creating soil disturbance within a 100 foot Riverbank Wetland and 50 foot Perimeter Wetland; clearing, grading, and creating pasture/grazing areas within a second 100 foot Riverbank Wetland and 50 foot Perimeter Wetland; clearing, filling (in the form of soil material, stone and other construction materials), grading and creating soil disturbance within a 50 foot Perimeter Wetland; clearing, grading, and creating pasture/grazing areas within another portion of the 50 foot Perimeter Wetland; and clearing, filling (in the form of soil material and piping), grading, and creating soil disturbance within a Stream. This activity resulted in the unauthorized alteration of approximately 2.0 acres of freshwater wetland. The OC&I inspected the property on May 20, 2008, July 3, 2008 and December 5, 2008 and documented the violations. The Respondents did not receive approval from RIDEM to alter the freshwater wetlands. On October 23, 2008, December 17, 2008 and September 2, 2010 the OC&I issued written notices to the Respondents regarding the violations and met with Mr. Del Signore on December 5, 2008 and September 23, 2010 to discuss the violations. The Respondents failed to comply with the notices. In the NOV, the OC&I ordered the Respondents to restore the freshwater wetlands. The OC&I assessed an administrative penalty of $3,250.00.

May 26, 2011 - Dam File No. 027 (Sucker Pond Dam) re: Bliss Golf Investors, L.L.C. for property located south of Lapham Farm Road, west of Victory Highway, north of the Burrillville-Glocester line and east of Steere Farm Road, in the town of Burrillville. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 14, 2010. The inspection revealed the following: excessive vegetation and deadfall on the downstream side and toe of the embankment that did not allow a proper inspection to be performed; plywood inhibited the flow through the primary spillway (Current Primary Spillway); no low level gate was present; and the auxiliary spillway conveys flow through a corrugated plastic pipe (Current Auxiliary Spillway). A review of RIDEM's records revealed a copy of a plan for Dam 027 dated December 10, 1940. The plan shows a low level gate in the area of the Current Primary Spillway (Former Low Level Gate) and a 5.33 foot wide open channel in the area of the Current Auxiliary Spillway (Former Primary Spillway Channel). In the NOV, the OC&I ordered the Respondent to take the following actions: remove the plywood board in front of the Current Primary Spillway; remove excess vegetation from the embankment; retain a professional engineer with experience in dam inspections to inspect the dam, submit a report of the findings of the inspection to the OC&I (Inspection Report); and submit an application to the OC&I along with a schedule to complete the following: construction of a low level gate in the area of the Current Primary Spillway; construction of a primary spillway in the area of the Current Auxiliary Spillway that passes the same flow as the Former Primary Spillway, and repair of any components of the dam that the Inspection Report concludes require repair. The OC&I did not assess an administrative penalty.

May 27, 2011 - Dam File No. 615 (Rodman Mill Dam) re: Bakeford Properties, LLC for property located on the southeast end of the pond immediately southeast of Lafayette Road, southwest of Ten Rod Road opposite the intersection of Advent Street and Ten Rod Road, in the town of North Kingstown. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition and the failure to register the dam. On January 26, 2009 the OC&I issued a certified letter to the Respondent that included a registration form for Dam 615. The Respondent was required to complete and return the registration form to the OC&I by February 19, 2009. The Respondent has failed to submit the registration form. The dam was inspected on May 7, 2010. The inspection revealed the following: excessive vegetation on the upstream slope of the dam embankment, the dike embankment, and the spillway that did not allow a proper inspection to be performed; and no low level gate was present. In the NOV, the OC&I ordered the Respondent to take the following actions: complete and submit the registration form to the OC&I; remove the excess vegetation from the dam embankment, dike embankment and spillway; retain a professional engineer with experience in dam inspections to inspect the dam, submit a report of the findings of the inspection to the OC&I (Inspection Report); and submit an application to the OC&I along with a schedule to construct a low level gate and repair any components of the dam that the Inspection Report concludes require repair. The OC&I did not assess an administrative penalty.

Formal Enforcement Cases Settled or Resolved:

May 3, 2011 - Air File No. 10-17 re: DSM NeoResins, Inc. for a facility located at 199 Amaral Street in the city of East Providence. On May 4, 2009 RIDEM's Office of Air Resources (OAR) issued revised approval nos. 1871-1874 to the Respondent. The approval requires the Respondent to: not exceed a maximum outlet exhaust temperature of 50 degrees Fahrenheit at the surface condenser; maintain a volatile organic compound (VOC) removal efficiency for the carbon adsorption system of at least 95%, unless the outlet concentration is less than 20 parts per million (ppm); and determine, on a monthly basis, the total quantity of VOC and the total quantity of each hazardous air pollutant (HAP) discharged to the atmosphere from all operations conducted at the facility, keep records of this determination and provide such records to the OAR upon request. On March 24, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the failure to comply with the permit. On January 27, 2010 and January 28, 2010 OAR inspected the records and equipment of the facility. On April 2, 2010 OAR received correspondence from Sandra Wyman & Associates on behalf of the Respondent. The inspection and correspondence revealed that the Respondent failed to: maintain the outlet gas exhaust temperature from the condenser at or below 50 degrees Fahrenheit; maintain a VOC removal efficiency from the carbon adsorption system of at least 95% on June 15, 2009; record all of the individual and total HAP emissions on a monthly basis; and record the total quantity of VOC emissions on a monthly basis. In the NOV, OC&I assessed a penalty in the amount of $6,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid the penalty in full to resolve the NOV.

May 10, 2011 - Freshwater Wetlands File No. FW C06-0139 re: CJ Hakeem for property located at 336 Lakeshore Drive, Assessor's Plat 327, Lot 231 in city of Warwick. The Respondent owned the property. On February 8, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing and maintaining a lawn within the 50-foot Perimeter Wetland of Warwick Pond. This activity resulted in the unauthorized alteration of approximately 1,700 square feet of freshwater wetlands. The Respondent did not receive approval from RIDEM to alter the freshwater wetlands. In the NOV, the OC&I ordered the Respondent to cease and desist immediately from any further unauthorized alteration of the Perimeter Wetland. The OC&I assessed an administrative penalty of $2,500.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent passed away, and his daughter paid the penalty in full to resolve the NOV.

May 18, 2011 - Air File No. 11- 04 re: City of Cranston and Veolia Water North America - Northeast, LLC for a facility located at 910 Pontiac Avenue in the city of Cranston. The city of Cranston owns the facility and Veolia Water North America - Northeast, LLC operates the facility. On February 24, 2011 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation of an emergency generator fired by an internal combustion engine that is 50 horsepower or larger with an initial startup on or after November 15, 2007 without first obtaining a permit from RIDEM's Office of Air Resources (OAR). On January 20, 2011, the OAR received an application for an emergency generator at the facility. The application was for a 923 horsepower fuel fired emergency generator. The application stated that the generator was installed on June 11, 2010. In the NOV, the OC&I assessed a penalty in the amount of $2,500.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $2,500.00, which was paid upon execution of the Agreement.

May 25, 2011 - Hazardous Waste File No. 2009 1731 HW re: International Etching, Inc. for a facility located at 29 Ninigret Avenue in the city of Providence. The Respondent operates a commercial business engaged in high tech industrial etching and is registered with RIDEM as a large quantity hazardous waste generator. On May 28, 2009 the 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 determine if any of the waste meets the definition of hazardous waste; failure to maintain the external secondary containment systems free of cracks and gaps; failure to keep on file a written assessment by a professional engineer attesting to the structural integrity of the hazardous waste storage tank system; failure to perform an annual review of hazardous waste training; and failure to maintain adequate decontamination equipment based upon the hazards posed by the wastes handled. In the NOV, OC&I ordered the Respondent to take specific actions to correct the violations. OC&I also assessed an administrative penalty of $13,500.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to submit records to the OC&I showing that all personnel at the facility responsible for managing hazardous waste received annual training in 2010 and agreed to pay a penalty of $10,000.00 in monthly installments of $400.00. The first installment was paid upon execution of the Agreement.

Superior Court Actions Issued:

May 11, 2011 - Septic System File CI 10-082 and Superior Court File No. PC 11-2718 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Lucy Conti for property located at 16 McClellan Street, Assessor's Plat 34, Lots 65 and 66, in the city of Providence. The property includes a residential dwelling and is owned by the Defendant. On October 25, 2010 the OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the overflow of sewage from the sewage disposal system for the dwelling to the surface of the ground. In the NOV, OC&I ordered the Defendant to pump the system as needed to prevent overflows, retain a licensed septic system designer to determine the cause of the failure, and repair the system, if necessary. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Defendant failed to file an appeal of the NOV at AAD and have failed to comply with the NOV. In the Superior Court complaint, RIDEM is asking the court to order the Defendant to come into compliance with the OWTS Regulations and pay the administrative penalty of $1,000.00.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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