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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > November 2000 Summary
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November 2000 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of November 2000. 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 Technical and Customer 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 Sally Spadaro at 401-222-4700 ext. 2426. Requests for file reviews should be addressed to Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

November 2, 2000 - OC&I/WETLANDS File No. 00-0081 re: Charles R. Kennedy for property located east of Greenbush Road, utility pole number 59, north of the intersection of Greenbush Road and Saddlebrook Road, Assessor's Plat 217, lot 80 in the City of Warwick. The OC&I alleges that the Respondent violated section 2-1-21 of the RI General Laws (Freshwater Wetlands Act) and Rule 7.01 of RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act ("the Wetlands Rules"). The violations pertain to altering approximately 2000 square feet of wetland by filling into a 100 - foot Riverbank Wetland with trailers, wood and assorted debris. The Respondent was cited previously for altering the same wetland and was required to restore the altered area. For the new violation, the OC&I ordered the Respondent to cease unauthorized alterations, restore the altered wetlands and assessed a penalty of $1,000.00. The Respondent has appealed the NOV to the AAD.

November 6, 2000 - OC&I/License No. L0782 Septic System File No. CI00-73 re: Kevin Theroux for property located at 379 Arnold Road, Assessor's Plat 14, lot 5, in the Town of Coventry. The OC&I alleges that the Respondent violated Rhode Island General Law Section 5-56-7 relating to requirements for licensed septic system installers and Section SD 2.01(a) of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). These violations pertain to altering and repairing an existing septic system without approval from the director. The OC&I ordered that License No. L0782 issued to the Respondent is suspended for six (6) months and assessed a penalty in the amount of $1000.00. The Respondent has appealed the NOV to the AAD.

November 6, 2000 - OC&I/UST File No. 00-02665 & 02949 re: The Town of Bristol, Rhode Island for property located at the Respondent's Water Pollution Control Department, 2 Plant Avenue, Assessor's Plat 156, Lot 37 and 115, and the Mt. Hope Pumping Station, Annawamscutt Drive, Assessor's Plat 161, Lots 6, 21, 41 and 43. The OC&I alleges that the Respondent violated Sections 11.02(C) and 12.01 of the Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to prohibiting substantial modification of UST systems without prior written notification to and approval by the director. A penalty of $5,000.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

November 9, 2000 - OC&I/LUST File No. 00-2018 re: DB Marketing Company, Inc. and Narragansett Pier Associates for property located at 15 Kingstown Road, Assessor's Plat C, Lot R-2-A in the Town of Narragansett. The OC&I alleges that the Respondents violated portions of the UST Regulations pertaining to: prohibiting substantial modification of UST systems without prior written notification to and approval by the director; maintenance of daily inventory records; and site investigation requirements. The OC&I ordered compliance with the regulations including the requirement to submit a Site Investigation Report and, if necessary, a Corrective Action Plan. A penalty of $16,250.00 was assessed against the Respondents. The Respondents have appealed the NOV to the AAD.

November 9, 2000 - OC&I/UST File No. 00-03244 re: Anthony J. Pate, Anthony A. Pate, Rose B. Pate, and Richard A. Pezzillo for Pate's Sunoco Service located at 700 Douglas Avenue, Assessor's Plat 123, Lot 519 in the Town of Johnston. The OC&I alleges that the Respondents violated portions of the UST Regulations pertaining to precision testing requirements and the installation of overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $14,850.00. The Respondents have appealed the NOV to the AAD.

November 16, 2000 - OC&I/UST File No. 00-01060 re: Cumberland Farms, Inc. for Gulf Service Station #119765 for property located at 55 Atwells Avenue, Assessor's Plat 26, lot 349, in the City of Providence. The OC&I alleges that the Respondent violated Section 10.03 of the UST Regulations pertaining to corrosion protection requirements for UST systems. The OC&I ordered the submission of a permanent closure application and complete removal of the Respondent's UST number 005 at the facility. The Respondent was also ordered to submit a Closure Assessment that may in turn require a Site Investigation Report and a Corrective Action Plan. The OC&I assessed a penalty in the amount of $8,750.00. The Respondent has appealed the NOV to the AAD.

November 16, 2000 - OC&I/UST File No. 00-01842 re: C. & J. O'D., Inc. a/k/a P.J. O'Donnell & Sons for property located at 92 Sunnyside Avenue, Assessor's Plat 3B, lot 97, in the City of Woonsocket. The OC&I alleges that Respondent violated portions of the UST Regulations requiring the permanent closure of any USTs that have been removed from service for longer than 180 days and prohibiting the abandonment of USTs and their associated systems. The OC&I ordered the submission of a permanent closure application and complete removal of the Respondent's UST numbers 001, 002 and 003 at the facility. The Respondent was also ordered to submit a Closure Assessment that may in turn require a Site Investigation Report and a Corrective Action Plan. The OC&I assessed a penalty in the amount of $15,000.00. The Respondent has appealed the NOV to the AAD.

November 16, 2000 - OC&I/UST No. 00-01765 re: Saul & Co. as Custodian (Ajax Financial), C.R. Amusements, L.L.C., Andrew S. Richardson, Trustee, Rocky Point Amusements, Inc., and James C. Callahan for property located at One Rocky Point Avenue, Assessor's Plat 380, Lot One in the City of Warwick. The OC&I alleges that the Respondents violated portions of the UST Regulations pertaining to corrosion protection upgrade requirements, precision testing requirements and installation of overfill protection. The OC&I ordered the complete removal and permanent closure of the Respondent's UST numbers 001 and 002 on the property. The Respondent was also ordered to submit a Closure Assessment that may in turn require a Site Investigation Report and a Corrective Action Plan. The OC&I assessed a penalty in the amount of $23,160.00. The Respondent has appealed the NOV to the AAD.

November 16, 2000 - OC&I/UST File No.00-03321 re: Village Associates, Inc. for Colonial Village Apartments for property located at 60 School Street, Assessor's Plat 5, Lot 4 in the Town of North Smithfield. The OC&I alleges that the Respondent violated portions of the UST Regulations pertaining to corrosion protection upgrade requirements and precision testing requirements. The OC&I ordered the submission of a permanent closure application and the removal of UST No. 001 from the Respondents property. The Respondent was also ordered to submit a Closure Assessment and all precision testing results for the UST. The OC&I assessed a penalty of $18,290.00. The Respondent has appealed the NOV to the AAD.

November 16, 2000 - OC&I/UST File No. 00-2888 re: Bruce Wilson, Kathryn Wilson, Roland Wilson, Barbara L. Wilson, and Wilson's Citgo, Inc. for property located at 965 Smithfield Avenue, Assessor's Plat 6, Lot 430 in the Town of Lincoln. The OC&I alleges that Respondents violated portions of the RIDEM's UST Regulations pertaining to operation of any UST not registered with DEM, corrosion protection upgrade requirements, precision testing, and the installation of overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $57,220.00. The Respondents have appealed the NOV to the AAD.

November 16, 2000 - OC&I/LUST File No. 00-3256 re: Medea, L.L.C. and D.T.P., Inc. for property located at 186 Main Street, Assessor's Plat 57-1, lot 56 in the Town of South Kingstown. The OC&I alleges that Respondents violated the Rhode Island General Laws pertaining to Water Pollution, the Oil Pollution Control Regulations and portions of RIDEM's UST Regulations. The violations pertain to the discharge of pollutants in the form of oil and/or petroleum products to waters of the State; precision testing requirements; developing and maintaining inventory control records; site investigation and submission of a Site Investigation Report; and requiring the submittal of Closure Assessment Reports within 30 days of tank closure. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $51,610.00. The Respondents have appealed the NOV to the AAD.

November 17, 2000 - OC&I/AIR File No. 00-08-NOV re: Metals Recycling, LLC for property located at 89 Celia Street, in the Town of Johnston. The OC&I alleges that the Respondent on 2 occurrences violated Air Pollution Control Regulation No. 17 related to "odors" by causing objectionable odors beyond the property line of the facility. These occurrences took place following issuance of a NOV to the Respondents on September 21, 2000. The OC&I ordered compliance with the regulation to cease objectionable odors from migrating beyond the property line. A penalty in the amount of $10,000.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

November 17, 2000 - OC&I/RCRA File No. 00-009 re: F.O. Incorporated/Fernando Originals, LTD for property located at 184 Woonasquatucket Avenue, Assessor's Map Plat 10, Lot 91, in the Town of North Providence. The OC&I alleges that the Respondent violated multiple sections of the Rhode Island Rules and Regulations for Hazardous Waste Management and applicable sections of Title 40 of the Code of Federal Regulations relating to hazardous waste. The violations pertain to: marking and labeling hazardous waste containers; keeping hazardous waste containers closed; submitting the names and signatures of authorized agents to sign manifests; waste determination; contingency plan development; documenting training; and submitting a biennial report. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $36,650.00. The Respondent has appealed the NOV to the AAD.

November 20, 2000 - OC&I/MULTI-MEDIA No. 00-SSCRA re: S.S.C. Realty Associates, LLC, and Ventures on Charles, Inc. for property located at 389 Charles Street, Assessor's Plat 100, Lot 9 in the City of Providence. The OC&I alleges that the Respondents violated the Water Pollution Control Act, the Oil Pollution Control Regulations, the Rules and Regulations for the Management of Hazardous Waste, the Refuse Disposal Act, and the UST Regulations. These violations pertain to a release of approximately 500 gallons of oil/petroleum to the Moshassuck River, failure to cleanup or remove stockpiled oil spill cleanup debris, failure to properly manage stored hazardous waste, unauthorized disposal of solid waste, maintaining unregistered USTs on the property and ulations, and the UST Regulations. The violations pertain to the discharge of pollutants/oil/petroleum to waters of the State, failure to submit documentation of disposal for oil spill cleanup debris, release reporting requirements, site investigation requirements and failing to comply with conditions of DEM's approval for modification to the UST piping system. The OC&I ordered compliance with the regulations including submission of a Site Investigation Report. A penalty of $49,000.00 was assessed against the Respondents. The Respondents have appealed the NOV to the AAD.

Formal Enforcement Cases - Settled or Resolved

November 2, 2000 - OC&I/UST Nos. 00-18194m 18196, 18200, and 18203, AAD Nos. 00-010/WME, 009/WME, 020/WME, 019/WME re: Kelly & Picerne, Inc. and/or Kelly & Picerne Venture Corp. relating to Simmonsville Associates II, for property located on Simmonsville Avenue, Assessor's Plat 25, Lot 245, Johnston; Simmonsville Associates III, for property located on Simmonsville Avenue, Assessor's Plat 25, Lot 250, Johnston a/k/a Simmons Village, Greenwich Village Associates, for property located at 300 Lambert Lind Highway, Assessor's Plat 271, Lot 3, Warwick a/k/a Greenwich Village, Second Avenue Associates, LP for property located at 520 and 525 Second Avenue, Assessor's Plat 6, Lots 63, 252, and 254 in the City of Woonsocket a/k/a Fairmount Heights; and Crescent Park Manor Associates, for property located at 243 Crescent View Avenue, Assessor's map 413, Block 14, parcel One, in the City of East Providence, a/k/a Crescent Park Manor. On January 24, 2000, February 17, 2000 and February 22, 2000, the OC&I issued NOVs to the Respondents. The violations pertained to failing to meet certain requirements under the UST Regulations. In the NOVs, the OC&I ordered compliance with the regulations and assessed administrative penalties totaling $49,832.00. The Respondents and the OC&I executed an overall consent agreement to resolve the NOVs, ensure compliance with the UST regulations and agreed upon a penalty of $40,000.00.

November 29, 2000 - OC&I/LUST No. 99-3719, AAD No. 99-003/SRE re: James J. & Catherine V. Bolster and P.J. Land Investments Inc. for property located at 82 Pond Street, Assessors Plat 6, Lot 656 in the Town of West Warwick. On July 21, 1999, the OC&I issued a NOV to Respondents James J. & Catherine V. Bolster and to P.J. Land Investments, Inc. Respondents James J. & Catherine Bolster were cited for violations of the Water Pollution Control Law, Oil Pollution Control Regulations and the UST Regulations. The violations pertained to the discharge of pollutants/oil/petroleum to waters of the State, abandonment of UST systems and failure to submit a Site Investigation Report. Respondent P.J. Land Investment, Inc. was cited with violations of the UST Regulations pertaining to performance of a site investigation, submission of a Site Investigation Report and submission/implementation of a Corrective Action Plan to remediate contamination. The OC&I ordered compliance with the law/regulations and assessed an overall penalty of $37,000.00. The OC&I and Respondents James J. and Catherine Bolster executed a consent agreement wherein the Respondents agreed to pay a penalty in the amount of $10,000.00. The Consent Agreement does not resolve any allegations in the NOV against co-Respondent P.J. Land Investments, Inc.

November 20, 2000 - Providence, Superior Court C.A. No. 00-4111 re: Jan Reitsma, Director, Rhode Island Department of Environmental Management and Sheldon Whitehouse, Attorney General of Rhode Island (Plaintiffs) v. Robert A. Recchia, Jr. and Tracey L. Recchia (Defendants) regarding property located at 90 Mill Street, Assessor's Map 26, Lot 153 in the Town of Johnston. On August 4, 2000, the Plaintiffs filed a complaint in Providence Superior Court against Defendants relating to violations of the Refuse Disposal Act, Freshwater Wetlands Act and Air Pollution Control Regulations. The violations pertained to disposing of approximately 58,333 cubic yards of solid waste (shredded construction demolition debris and other mixed material) at other than a licensed solid waste facility; destruction of freshwater wetlands (approximately 119,000 square feet of riverbank wetland) without a permit; and allowing the release of objectionable odors from the property. The action was brought under RIGL Section 10-1-1 for the creation of a public nuisance. The matter was heard before the Court on October 10 and 11, 2000. Staff engineers, technicians and scientists from the Office of Compliance and Inspection testified on behalf of the Plaintiffs. A decision was rendered on November 20, 2000 in favor of the Plaintiffs wherein the Court ordered Defendants to cease any further state law violations, abate existing nuisance conditions, restore the subject freshwater wetlands and remove illegally deposited solid waste. The Court required legal counsel for the Plaintiffs to prepare an appropriate order for entry.


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