May 2014 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 2014. 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 dem.filereview@dem.ri.gov. 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.

Formal Enforcement Actions Issued:

May 13, 2014 - Water Pollution File No. 13-83 X-ref RIPDES RI0023485 re: Metals Recycling L.L.C. for property located at 89 Celia Street in the town of Johnston. The property includes a facility that is engaged in processing, separating, sorting and stockpiling scrap metal and associated by-products. On June 17, 2009 the RIDEM issued a Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit to the Respondent that became effective on July 1, 2009. The permit authorizes the Respondent to discharge storm water from the facility to an unnamed tributary flowing into the Woonosquatucket River. The permit requires the Respondent to: comply with all of the terms and conditions of its Storm Water Pollution Prevention Plan (SWPPP); take all reasonable steps to minimize or prevent any discharge in violation of the permit which has a reasonable likelihood of adversely affecting human health or the environment; at all times maintain in good working order and operate as efficiently as possible all systems of treatment and control used to achieve compliance with the permit; operate back up or auxiliary facilities or similar systems when necessary to achieve compliance with the permit; collect water samples from the outfall each quarter of the calendar year and analyze the samples, for among other pollutants, total iron and total zinc; compare the analytical results to benchmark concentrations in the permit that are used to evaluate the overall effectiveness of the SWPPP; submit a discharge monitoring report (DMR) each quarter to the RIDEM and include in the DMR a report that compares the analytical results to the benchmark concentrations; and give advance notice to the RIDEM of any planned changes in the facility or activity which may result in noncompliance with the permit. On July 13, 2012 the Respondent submitted the SWPPP to the RIDEM. The SWPPP requires the Respondent to treat all storm water generated at the facility from the first inch of rainfall, which is equal to 350,000 gallons and treat the storm water by a system that includes 4 pumps, an aeration/equalization tank, sediment forebay and bioretention swale (Stormwater Treatment System). The Stormwater Treatment System became operational in July 2012. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertains to the Respondent's failure to comply with its permit. On July 15, 2013 the RIDEM received a DMR and cover letter that was signed by GZA GeoEnvironmental, Inc. (GZA) on behalf of the Respondent. GZA stated that: the Stormwater Treatment System was inspected on a weekly basis and found to be in compliance, with the exception of storm water pump fault; the stormwater pumps were currently being reviewed and repaired by the manufacturer; on June 28, 2013 water samples were collected during a rainfall event from the outfall; and the results showed levels of total iron of 4.29 mg/L and total zinc of .502 mg/L. On September 20, 2013 the RIDEM received a letter from the Respondent in response to the RIDEM's request for further information concerning the stormwater pumps. The Respondent stated that between October 2012 and May 2013 the pumps experienced intermittent interruptions due to electrical faults; however, an inspection revealed no cause for the faults. In May 2013 the pumps completely failed and were removed and sent to the manufacturer on July 8, 2013. On September 4 and 5, 2013 the pumps were repaired and installed at the facility. No back up pumps were installed during this period and during the period the stormwater pumps were inoperable the Stormwater Treatment System was inoperable. The RIDEM reviewed rainfall data and determined that during this period 16 rainstorms occurred that resulted in the discharge of untreated stormwater and that the total amount discharged was about 3.0 million gallons. The RIDEM also reviewed DMR data and determined that the untreated stormwater had levels of total iron and total zinc that were well above the benchmark concentrations. The RIDEM believes the Respondent failed to: comply with its SWPPP and its permit; take all reasonable measures to minimize or prevent the discharge and operate the Stormwater Treatment System as efficiently as possible by installing temporary pumps; and give advance notice to the RIDEM of the inoperable Stormwater Treatment System. In the NOV, the OC&I ordered the Respondent to revise its Stormwater Treatment System Operation and Maintenance plan to address the installation of temporary pumps during periods when the stormwater pumps are inoperable and comply with the plan upon approval by the RIDEM. The OC&I assessed an administrative penalty of $100,000.

Formal Enforcement Cases Settled or Resolved:

May 5, 2014 - Dam File No. 077 (Diamond Hill Reservoir Dam) re: Pawtucket Water Supply Board for property located approximately 2,100 feet east of the intersection of Wysteria Lane and Reservoir Road, immediately north of Reservoir Road, in the town of Cumberland. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. On August 21, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on July 11, 2012. The inspection revealed heavy brush and vegetative growth in the following areas that did not allow for a proper inspection to be performed: on the upstream and downstream slopes of the embankment of the main dam to the left of the spillway, on the downstream slope of the embankment of the main dam to the right of the spillway, and on the downstream slope of the west dike. The OC&I considered the dam unsafe because the brush and vegetative growth inhibit proper inspection. In the NOV, the OC&I ordered the Respondent to remove the 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. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent fully complied with the NOV.

May 5, 2014 - Dam File No. 078 (Arnold Mills Reservoir Dam) re: Pawtucket Water Supply Board for property located approximately 4,700 feet southeast of the intersection of Diamond Hill Road (Route 114) and Nate Whipple Highway (Route 120), approximately 1,100 feet northeast of Nate Whipple Highway, in the town of Cumberland. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. On August 21, 2013 the issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on July 11, 2012. The inspection revealed brush and vegetative growth on the upstream and downstream slope of the embankment that did not allow for a proper inspection to be performed. The OC&I considered the dam unsafe because the brush and vegetative growth inhibit proper inspection. In the NOV, the OC&I ordered the Respondent to remove the 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. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent fully complied with the NOV.

May 16, 2014 - Air File No. 14-01 re: CALISE & SONS BAKERY, INC. for a facility located at 2 Quality Drive in the town of Lincoln (facility). The facility includes a bakery and baking ovens. On 22 December 2010 the RIDEM issued an approval to the Respondent to emit air pollutants from the facility (permit). The permit requires the Respondent to ensure that volatile organic compound (VOC) emissions generated by the baking ovens are reduced by 95% or greater through a combination of 100% capture of the VOC and 95% destruction of the VOC and shut down the baking ovens in the event of a malfunction of the emission capture system and/or catalytic oxidizer that results in or that could result in emissions in excess of the permit limits. The baking equipment must be shut down until the malfunction is identified and corrected. On April 17, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the failure to comply with the permit. On 30 January 2013 and 28 October 2013 the RIDEM received documents from the Respondent's consultant on behalf of the Respondent. The documents revealed that the Respondent failed to maintain its catalytic oxidizer VOC destruction efficiency at 95% or greater while operating the baking ovens. A test performed on 18 December 2012 showed that the catalytic oxidizer VOC destruction efficiency was approximately 70%. On 19 March 2013 the Respondent had the oxidizer removed from service for cleaning/reconditioning and a temporary oxidizer was put into operation. On or about 24 April 2013 the oxidizer was reconditioned and put back into service. The Respondent operated the catalytic oxidizer below the required 95% VOC destruction efficiency from at least 18 December 2012 to 19 March 2013. In the NOV, the OC&I assessed an administrative penalty of $7,500. The Respondent did not file an appeal of the NOV with the AAD. The Respondent paid a penalty of $6,000 to resolve the NOV.

May 16, 2014 - Air File No. 14-03 re: Cooley, Incorporated ffor a facility located at 50 Esten Avenue in the city of Pawtucket (facility). The Respondent owns the facility. On April 18, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of equipment without a permit from the RIDEM. On November 14, 2012 the Respondent submitted documents to the RIDEM. The documents revealed that the Respondent installed and began operation of a bake off oven at the facility in calendar year 2006 and that the oven has the potential to increase emissions of hydrogen chloride by greater than the minimum quantity for that contaminant, which is 700 pound per year. On May 24, 2013 the Respondent submitted to the RIDEM a minor source permit application for the oven. In the NOV, the OC&I assessed an administrative penalty of $1,000. The Respondent did not file an appeal of the NOV with the AAD. The Respondent paid the penalty to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.