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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > May 2012 Summary

 
May 2012 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 2012. 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 Angela Spadoni at 401-222-4700 ext. 7307, 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 1, 2012 - Solid Waste File No. SW 2010-12 re: Michael F. Albernaz, Joseph Albernaz, John E. Albernaz, Margaret A. Mello, Joanne Pankowski, Lee E. Dubois, Lee E. Dubois, in his capacity as co-executor of the Estate of Edith M. Dubois, Cheryl L. Dubois, and Cheryl L. Dubois, in her capacity as co-executor of the Estate of Edith M. Dubois for a property located at 100 Cory's Lane, Assessor's Parcel ID 99-84 in the town of Tiverton. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act. The violation pertains to the depositing of approximately 251 cubic yards of solid waste (consisting of plastic waste, metal waste, construction and demolition debris, steel drums, used tires, abandoned watercraft in varying states of disrepair, abandoned unregistered vehicles, and other mixed solid waste) on the ground. OC&I inspected the property on April 29, 2010 and May 20, 2011 and documented the violation. On July 28, 2011, the OC&I issued an NOV to Michael F. Albernaz, Joseph Albernaz, John E. Albernaz, Margaret A. Mello, and Joanne Pankowski for the violations. The Respondents filed an appeal of the NOV with AAD. Based on information provided by the Respondents' attorney, the OC&I issued this amended NOV to include Lee E. Dubois, Lee E. Dubois, in his capacity as co-executor of the Estate of Edith M. Dubois, Cheryl L. Dubois, and Cheryl L. Dubois, in her capacity as co-executor of the Estate of Edith M. Dubois as named Respondents. In the NOV, the OC&I ordered the Respondents to cease the disposal of solid waste on the property and remove and properly dispose of the solid waste at a licensed solid waste management facility. The OC&I assessed an administrative penalty of $6,250.00.

May 1, 2012 - Water Pollution File No. WP 12-6 X-ref UIC 001438 re: 167 Putnam Avenue LLC for property located at 167 Putnam Avenue, Assessor's Plat 40, Lot 227 in the town of Johnston. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of RIDEM's Underground Injection Control Program Rules and Regulations. The violation pertains to the construction of an underground injection control (UIC) system without a permit from the RIDEM and the injection of fluid into the UIC without approval from the RIDEM. On January 22, 2010, the RIDEM received an application from the Respondent to install a UIC system to treat storm water at the property (the Stormwater UIC). On December 15, 2010, the RIDEM received an application (the UIC Closure Application) from the Respondent to close two drywells that were used to discharge fluid to the subsurface from three floor drains located in a former automotive garage at the property. On March 10, 2011, the RIDEM approved the UIC Closure Application (the UIC Closure Approval). On December 16, 2011, the RIDEM inspected the property. The inspection revealed that the Stormwater UIC was installed. The Respondent did not receive approval from the RIDEM to install the Stormwater UIC. As of the date of this NOV, the Respondent has not submitted documents to the RIDEM showing that work required under the UIC Closure Approval was completed. In the NOV, the OC&I ordered the Respondent to cease use of the Stormwater UIC. No use of the Stormwater UIC is allowed until an approval to construct the system is obtained from the RIDEM and the system is constructed in accordance with said approval. The Respondent was also ordered to complete the work under the UIC Closure Approval and remove the Stormwater UIC within 90 days unless approval for the system is obtained from the RIDEM prior to that deadline. The OC&I assessed an administrative penalty of $5,000.00.

May 1, 2012 - Water Pollution File No. WP 12-15 X-ref UIC 001450 re: Frederick J. Mutter, Viola T. Mutter, and Mutter Motors, Inc. for property located at 505 Broad Street, Assessor's Plat 7, Lot 439 in the town of Cumberland. The property includes an automobile sales and repair business (the facility). Frederick J. Mutter and Viola T. Mutter own the property. Mutter Motors, Inc. operates the facility. The property includes a former floor drain that discharged fluids from the facility into a former cesspool (the UIC) on the property. The OC&I alleges that the Respondents are in violation of RIDEM's Underground Injection Control Program Rules and Regulations. The violation pertains to the disposal of fluid into the UIC without an approval issued by the RIDEM. On June 10, 2010, the RIDEM received an application from Mutter Motors, Inc. to close the UIC permanently. On June 22, 2011, the RIDEM received a report submitted by Beta Group, Inc. on behalf of the Respondents that included laboratory analytical results of soil samples taken during the closure of the UIC. The results revealed levels of total petroleum hydrocarbon (TPH) and total lead that exceed the industrial/commercial direct exposure criteria established in the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (the Site Remediation Regulations). Thus far, the Respondents have failed to complete the closure of the UIC. In the NOV, the OC&I ordered the Respondents to submit a proposal to the OC&I to remediate the soil to attain compliance with the RIDEM's Site Remediation Regulations and a schedule to complete the work, and upon approval by RIDEM, complete the work in accordance with the approved schedule. The OC&I assessed an administrative penalty of $2,500.00.

May 4, 2012 - Dam File No. 067 (Todd's Pond Dam) re: Paul R. Hazard and Karen A. Hazard for property located on the west side of Greenville Road, about midway between its intersection with Route 146 to the north and Iron Mine Hill Road to the south in the town of North Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondents own the dam. The OC&I alleges that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violations pertain to the Respondents' failure to maintain the dam in a safe condition and failure to register the dam. The dam was inspected on October 28, 2010. The inspection revealed the following conditions: vegetation on the left upstream embankment, left crest, and left downstream embankment that did not allow a proper inspection to be performed and an inoperable low level outlet. The OC&I considers the dam unsafe because of the excessive vegetation that inhibits a proper inspection and the inoperable low level gate. On December 13, 2011, the OC&I issued a certified letter to the Respondents that included a registration form for the dam. The Respondents were required to complete and return the form to the OC&I by March 14, 2012. Thus far, the Respondents have not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondents to submit the registration form, clear the embankment of vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

May 4, 2012 - Air File No. 12-01 re: DSM NeoResins, Inc. for a facility located at 199 Amaral Street in the city of East Providence. On May 4, 2009, the RIDEM issued a permit to the Respondent to emit air pollutants from the facility. The permit requires the Respondent not to exceed a maximum outlet exhaust gas temperature of 50 degrees Fahrenheit at the surface condenser. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulations. The violation pertains to the Respondent's failure to comply with its permit. On May 25, 2011, June 6, 2011, June 21, 2011, June 22, 2011, September 7, 2011 and October 7, 2011, the Respondent submitted documents to the RIDEM pertaining to the air pollution control equipment at the facility. A review of the documents revealed that the Respondent failed to maintain the outlet gas temperature from the surface condenser at or below 50 degrees Fahrenheit during the period of June 9, 2010 through August 9, 2011. Specifically, the condenser operated for 2770 hours with an outlet gas exhaust temperature above 50 degrees Fahrenheit. In the NOV, OC&I assessed an administrative penalty of $7,500.00.

May 4, 2012 - Dam File No. 274 (Harris Pond Dam) re: Edward M. Carrapezza for property located immediately north of Woodville Road, just west of its intersection with Tomaquag Road, in the town of Hopkinton. 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 violated RIDEM's Rules and Regulations for Dam Safety. The violations pertain to the Respondent's failure to maintain the dam in a safe condition and failure to register the dam. The dam was inspected on November 12, 2010. The inspection revealed vegetation on the left side upstream and downstream embankment, left side crest of the dam, and right side downstream embankment that did not allow a proper inspection to be performed. The OC&I considers the dam unsafe because of the excessive vegetation that inhibits a proper inspection. On December 13, 2011, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by March 16, 2012. Thus far, the Respondent has not provided the registration form to the OC&I. In the NOV, the OC&I ordered the Respondent to submit the registration form, clear the embankment of vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The OC&I did not assess an administrative penalty.

May 7, 2012 - Water Pollution File No. WP 12-9 and WP 10-049 re: Rhode Island Recycled Metals, LLC and ACR Realty LLC for property located at 434 Allens Avenue, Assessor's Plat 47, Lot 601 and 444 Allens Avenue, Assessor's Plat 55, Lot 10 in the city of Providence. A business engaged in the recycling of metal operates at the property (the facility). ACR Realty LLC owns the property. Rhode Island Recycled Metals LLC (RIRM) operates the facility. On September 14, 2011, the RIDEM issued a permit to the Respondents. The permit authorized the discharge of storm water from the facility for the following activities: collect, trade, broker and process metals from industrial manufacturers, auto salvage facilities, metal dealers and individuals and accept decommissioned derelict vessels, portions of which may be brought ashore for disassembly. The permit required the Respondents to construct specific stormwater controls prior to commencing the activities. The OC&I alleges that the Respondents violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System, and RIDEM's Oil Pollution Control Regulations. The violations pertain to the: in water dismantling of vessels and placement of fill into the waters of the State without a permit from the RIDEM; discharge of storm water runoff by conducting activities not authorized by the permit (involving vehicle crushing and engine removal and storage) and failing to construct the storm water controls required pursuant to the permit; and failure to submit accurate information on an application to RIDEM. On February 22, 2011, the OC&I inspected the property and spoke with Edward Sciabi, Jr. from RIRM. The inspector observed an engine storage area with engines leaking oil. Mr. Sciabi informed the inspector that RIRM crushes vehicles and removes and stores engines. On June 21, 2011 and August 31, 2011, the Respondents' consultant submitted a storm water pollution prevention plan (SWPPP) to the RIDEM. The SWPPP described only the activities authorized in the permit and made no mention of any activity involving vehicle crushing or engine removal and storage. Mr. Sciabi signed the SWPPP on behalf of RIRM and certified that the document was prepared under his direction or supervision, and that to the best of his knowledge and belief is true, accurate and complete. Inspections by the RIDEM on August 10, 2011, November 15, 2011, and December 13, 2011 revealed that vehicle crushing and engine removal and storage was ongoing and that oil was observed on the land in various locations. The December 13, 2011 inspection also revealed that fill was placed in the Providence River to aide in the in water dismantling of vessels. On January 19, 2012, RIRM informed the RIDEM that four derelict vessels are undergoing in water vessel dismantling. An inspection by the OC&I on February 15, 2012 revealed oil/petroleum spilled onto the land at various locations and improper/poorly maintained erosion and sediment controls. In the NOV, the OC&I ordered the Respondents to immediately take the following actions: cease receiving any additional derelict vessels for dismantling; cease receiving any scrap metal and vehicles; cease releasing oil/petroleum to the land; and cease equipment repair and maintenance, vehicle crushing, and vehicle engine removal and storage. The NOV ordered that no derelict vessels be received until RIRM obtains all required permits from RIDEM and that no scrap metal or vehicles be received until RIRM complies with the ordered actions in the NOV. The NOV also ordered the Respondents to remove all scrap metal, engines and vehicles, remove and properly dispose of all oil released to the land, clean and sweep the facility yard, complete the construction of the storm water controls required by the permit, complete the dismantling of the derelict vessels and remove the unauthorized fill from the Providence River, all in accordance with various deadlines. The OC&I assessed an administrative penalty of $46,250.00.

May 8, 2012 - Water Pollution File No. WP 12-5 and WP 11-089 re: SMM New England Corporation for property located at 242 Allens Avenue, Assessor's Plat 46, Lot 326 in the city of Providence. A business engaged in the recycling of metal operates at the property (the facility). SMM New England Corporation (SMM) owns the property and operates the facility. SMM acquired the property from Promet Marine Services Corporation (Promet) and began operating the facility on October 7, 2011. The OC&I alleges that the Respondent violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertain to the discharge of storm water runoff associated with industrial activity without a permit from the RIDEM and the failure to submit accurate information on an application to RIDEM. On April 17, 2006, Promet obtained a permit from the RIDEM to discharge storm water associated with industrial activity to the Providence River. The permit required Promet to comply with its storm water pollution prevention plan (SWPPP). The SWPPP described ship repair/maintenance only. On October 25, 2011, the DEM met with SMM and its consultants. SMM informed the RIDEM that, at present, it wanted to continue with the ship building/repair business previously done by Promet. The RIDEM informed SMM that it needed to file a request to transfer the stormwater permit that RIDEM issued to Promet to SMM. The RIDEM advised SMM that if/when it decided to expand the activities beyond ship building/repair it would need to reapply for authorization and submit a new SWPPP that addressed the proposed activities. On December 20, 2011, the OC&I inspected the property. The inspection revealed a discharge of storm water associated with industrial activity (in the form of scrap metal recycling and ship repair/maintenance) to the Providence River. On January 12, 2012, SMM submitted to RIDEM a letter requesting the transfer of the permit from Promet to SMM. The letter was signed by Anthony Izzo, SMM's Region President, who certified that he had read the permit and agreed to abide by all of conditions of the permit and that the production levels, products produced, rates of discharge and wastewater characteristics remain unchanged. On January 24, 2012, the RIDEM met with SMM. SMM agreed to install a concrete wall around the scrap metal recycling area. On February 15, 2012, the RIDEM inspected the property and determined that SMM had constructed the concrete wall and that stormwater runoff from the scrap metal recycling area would not enter the Providence River. As of the date of the NOV, the Respondent has not obtained approval from the RIDEM to discharge stormwater associated with industrial activity to the Providence River from the property. In the NOV, the OC&I ordered the Respondent to immediately cease receiving any scrap metal and cease receiving any ships for repair/maintenance. The NOV ordered that no scrap metal or ships be received until SMM obtains a storm water permit from the RIDEM and constructs the storm water controls required pursuant to the permit. The NOV also ordered the Respondent to remove all scrap metal, complete repairs/maintenance to all ships, and clean and sweep the facility yard. The OC&I assessed an administrative penalty of $25,000.00.

May 21, 2012 - Air File No. 12-05 re: New Cingular Wireless PCS, LLC for its facilities located at 15 Wickham Road in the city of Newport, 541 Cooper Road in the town of Glocester, 8150-8166 Post Road in the town of North Kingstown, and 121 Shannock Hill Road in the town of Richmond. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violations pertain to the installation and operation of emergency generators at the facilities without a permit from the RIDEM. On April 13, 2012, the RIDEM received minor source permit applications for a 79 horsepower (HP) diesel-fired emergency generator that was installed at each of the facilities. The generator at the Wickham Road facility was installed on October 29, 2008. The generators at the Post Road facility and Shannock Hill Road facility were installed on April 7, 2011. The generator at the Cooper Road facility was installed on April 22, 2011. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $4,000.00.

Formal Enforcement Cases Settled or Resolved:

May 16, 2012 - Water Pollution File No. 99-110 re: Town of Scituate for property located off of Hartford Avenue and Crestview Drive in the town of Johnston and Crestview Drive and South Crestview Drive in the town of Scituate. South Crestview Drive connects to Crestview Drive. The property includes a freshwater pond and is owned by private residents. The Respondent owns the portion of Crestview Drive located in Scituate, South Crestview Drive and the associated storm water conveyance system located on both roadways. On August 12, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to the discharge of pollutants (in the form of sediment) from Crestview Drive to the freshwater pond. OC&I determined that storm water runoff from Crestview Drive in Scituate and South Crestview Drive discharges into the freshwater pond and that road sand from the storm water runoff has discharged into the pond resulting in the filling of approximately 5,000 square feet of the pond to a depth of approximately 2 to 4 feet. In the NOV the Respondent was ordered to retain the services of a qualified environmental professional to conduct a storm water drainage analysis of the area of Crestview Drive that contributes to the pond and South Crestview Drive and to submit a proposed plan to prevent continued sedimentation of the pond to OC&I for review and approval. The NOV also ordered the Respondent to retain a qualified environmental professional to delineate the extent of the road sand within the pond and submit a proposed plan and schedule to remove the road sand from the pond to OC&I for review and approval. OC&I assessed an administrative penalty of $6,250.00. The Respondent filed an appeal of the NOV with AAD. The Respondent installed storm water controls to capture sediment runoff from Crestview Drive and submitted a plan to RIDEM to restore the freshwater pond (the wetland restoration plan). The wetland restoration plan requires the removal of approximately 800 cubic yards of sediment from the eastern portion of the pond. 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 evaluate the storm water controls that were installed to determine their effectiveness in preventing sediment from entering the freshwater pond and submit a report of the findings to RIDEM, including recommendations for repair and/or improvements and a schedule to complete the work if the report concludes that the controls are not effective. The Respondent also agreed to restore the freshwater pond in accordance with the wetland restoration plan by October 31, 2012. In lieu of payment of the administrative penalty assessed in the NOV, the OC&I agreed to allow the Respondent to complete a Supplemental Environmental Project (SEP). The SEP involves the removal of 125 cubic yards of sediment from the freshwater pond that the OC&I determined came from runoff not associated with the Respondent's roads (and is included in the total of 800 cubic yards that is to be removed). The Respondent was given a SEP credit of $6,250.00 for this work. As part of the Consent Agreement, the Rhode Island Department of Transportation (RIDOT) agreed to pay $25,000.00 to the Respondent as an SEP to resolve a separate violation issued by RIDEM to RIDOT. The $25,000.00 is for the removal of 500 cubic yards of the sediment (and is also included in the total of 800 cubic yards that is to be removed).

May 17, 2012 - Septic System File CI 11-35 re: Mark Ciambrone for property located at 26 Benoit Street, Assessor's Plat 62, Lot 79 in the town of Coventry. The property includes a 2-unit residential dwelling and is owned by the Respondent. On September 14, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent 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 discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. 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 repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent repaired the OWTS and paid $200.00 as full settlement of the administrative penalty.

May 24, 2012 - Hazardous Waste File No. 2010-6 HW re: Collegium Pharmaceutical, Inc. for a facility located at 400B Highland Corporate Drive in the town of Cumberland. The facility manufactures pharmaceuticals and is registered with RIDEM as a small quantity hazardous waste generator at the facility. On November 19, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertained to Respondent's failure to: determine if the waste generated onsite meets the definition of a hazardous waste; properly label each container holding hazardous waste; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; store hazardous waste onsite for a period of time that does not exceed ninety days; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; conduct weekly inspections of container storage areas looking for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection; submit to OC&I a list of agents authorized by the company to sign uniform hazardous waste manifests for shipments of hazardous waste; provide training for all employees who manage hazardous waste; properly contain universal mercury-containing equipment; properly label universal waste containers; and demonstrate the length of time that universal waste has accumulated. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. OC&I assessed an administrative penalty of $45,768.00. The Respondent 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 paid $33,000.00 as full settlement of the administrative penalty.

Superior Court Actions Issued:

May 14, 2012 - Site Remediation File No. SR 08-001 and Superior Court File No. PC 12-2481 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Vincent Coccoli, d/b/a Millville Associates, Inc., Kevin O'Sullivan, and Patrick Conley, individually and as Trustee of The Pearl Trust for property located at 18 Thelma Avenue, Assessor's Plat 5, Lot 590 in the town of North Providence (subject property). The subject property is owned by Anthony and Deborah Antonelli. On January 5, 2005 the RIDEM Office of Waste Management (OWM) received a notification of release (notification release) and a site assessment report for the subject property. The notification release reported that chlorinated volatile organic compounds (VOCs) were detected in groundwater samples collected from the subject property at concentrations that exceeded the GB groundwater objectives in RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). The notification release identified an abutting property, 135 Pearl Avenue, as the likely source of the VOCs. The Pearl Avenue property was formerly owned by Kevin O'Sullivan. Investigations conducted on the Pearl Avenue property revealed that VOCs were detected in groundwater samples collected from the property at concentrations that exceeded the GB groundwater objectives in the Remediation Regulations and that the Pearl Avenue property was the source of the VOCs. OWM issued letters of responsibility to Millville Associates, Inc. and The Pearl Trust as former owners of the Pearl Avenue property. On January 10, 2007 OWM received a Remedial Action Work Plan (RAWP) on behalf of Millville Associates. The RAWP proposed the installation and operation of a soil vapor extraction and air sparge system on the subject property to remediate the groundwater and soil contamination. On January 23, 2007 OWM approved the RAWP. To date, the Defendants have not undertaken any of the work required under the RAWP. On November 29, 2010 the OC&I issued an NOV to the Defendants alleging that the Defendants violated RIDEM's Remediation Regulations. The violation pertained to the failure to take action of an unpermitted release of hazardous materials and failure to take affirmative steps to eliminate migration of any hazardous materials originating from the property to adjacent property. In the NOV, OC&I ordered the Defendants to commence the installation and operation of the approved remedial system on the subject property and continue with the operation until OWM authorizes remedial actions to cease. OC&I assessed an administrative penalty of $45,000.00. The Defendants 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 Defendants to comply with the NOV and pay an administrative penalty of $45,000.00.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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