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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > November 2003 Summary

 
November 2003 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 November 2003. 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 Gail Mastrati at 401-222-4700 ext. 2402. 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 4, 2003 - OC&I/UST File No. 03-00288 re: Kenneth C. Murphy for property located at 1023 Social Street, Assessor's Plat 21, Lot 195 in the City of Woonsocket. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to the Respondent's failure to meet requirements of the UST Regulations relating to annual testing for UST leak detection equipment, installation, operation and maintenance of leak detection devices and piping collection sumps, monthly and annual testing of continuous monitoring systems ("CMS") for USTs and maintenance of all applicable test records. The OC&I ordered the Respondent to submit all missing test records for its CMS and ordered the Respondent to ensure that the piping collection sumps and sump sensors are in compliance with the UST Regulations. The OC&I assessed a penalty in the amount of $8,841.00.

November 4, 2003 - OC&I/UST File No. 03-03300 re: The City of Providence for the Dunkin Donuts Center located at One LaSalle Square, Assessor's Plat 26, Lot 254 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to mandatory corrosion protection requirements for bare steel UST's and piping, testing of UST cathodic protection systems, repair of UST cathodic protection systems, tightness testing requirements for USTs and piping, installation of an automatic tank gauging system ("ATG") for single walled USTs, installation of overfill protection for USTs, maintenance of applicable test records and written confirmation to RIDEM regarding compliance with UST Regulations. In the NOV, the OC&I ordered the Respondent to submit a permanent closure application to the RIDEM and complete the removal of the UST in accordance with the UST Regulations. OC&I also ordered the Respondent to complete a UST Closure Assessment Report to RIDEM and to remove and properly dispose of any contaminated soil encountered during the tank closure. The Respondent was ordered to submit all applicable records and verifications. If necessary, the Respondent was ordered to complete a Site Investigation Report and a Corrective Action Plan in accordance with the UST Regulations. The OC&I assessed a penalty in the amount of $17,581.00.

November 14, 2003 - OC&I/UST File No. 03-BBSC re: The Town of Burrillville, Board of Sewer Commissioners for the Reservoir Road Pump Station at 377 Reservoir Road and the South Main Street Pump Station located at 1088 South Main Street in the Town of Burrillville. The OC&I alleges that the Respondent is in violation of the UST Regulations. The violations pertain to operating UST systems that have not been registered with the RIDEM, installation of new underground tank systems without prior written notification to and approval by the Director, failing to permanently close or upgrade bare steel USTs and associated piping systems for corrosion protection no later than 22 December 1998, failing to install an automatic tank gauging system on single-walled USTs, precision testing requirements for UST systems, installation of spill containment basins and installation of overfill protection. The OC&I ordered the Respondent to submit a permanent closure application to RIDEM and to complete the removal of its USTs, submit a closure assessment and if necessary, based on information provided in the closure assessment, submit a Site Investigation Report and a Corrective Action Plan. The Respondent was also ordered to submit all applicable testing records and written verifications relating to automatic tank gauging systems, precision testing, spill containment and overfill. The OC&I assessed a penalty in the amount of $48,850.00.

November 18, 2003 - OC&I/OPC File No. 03-03 re: 1836 Realty Corporation for property located at 1836 Warwick Avenue, Assessor's Plat 329, Lot 404 in the City of Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, Oil Spill Prevention and Control Act and RIDEM's Oil Pollution Control Regulations. The violations pertain to the release or discharge of petroleum onto or beneath the land surface in a location where it is likely for pollutants to enter the waters or groundwater of the state, failure to comply with release reporting requirements and failing to undertake remedial requirements following a release of oil. The OC&I ordered the Respondent to excavate and dispose of all oil-contaminated soils located on the property, submit documentation of disposal of the contaminated soil and reimburse RIDEM for all funds expended in the investigation and/or remediation of the oil contamination. OC&I assessed a penalty in the amount of $27,650.00.

November 18, 2003 - OC&I/UST File No. 03-02961 re: Original Crispy Pizza Crust Co. of Boston, Inc. for property located at 13 Blackstone Valley Place, Assessor's Plat 30, Lot 59 in the Town of Lincoln. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to site investigation requirements following discovery of a release, tightness testing requirements for USTs, installation of spill containment basins and overfill protection for USTs, maintenance of applicable test records and inventory control records and written verification to RIDEM regarding compliance with UST Regulations. In the NOV, the OC&I ordered the Respondents to submit a Site Investigation Report and, at the discretion of the RIDEM a Corrective Action Plan to address any release at the property. The Respondent was also ordered to resolve all outstanding violations pertaining to records and verifications of regulatory compliance. The OC&I assessed a penalty in the amount of $28,086.00.

November 18, 2003 - OC&I/Wetlands File No. C02-0427 re: Robert Houghton for property located approximately 300 feet northeast of the of the intersection of Wood River and Tall Timbers Drive, immediately northeast of the intersection of Wood River Drive and Wood River Circle, Assessors Plat 3B, Lot 4F in the Town of Richmond. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The violations pertain to clearing, excavating, and filling in multiple areas of freshwater wetlands on the property. This activity has resulted in unauthorized alteration of 3,000 square feet of Forested Wetland, portions of which are Riverbank Wetland and 10,000 square feet of Riverbank Wetland, portions of which are Flood Plain. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondent on November 7, 2002 requiring the restoration of the freshwater wetlands. The Respondent failed to comply with the NOIE. In the NOV the Respondent was ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $2,000.00.

November 18, 2003 - OC&I/Wetlands File No. C01-0321 re: Richard Lauro for property located approximately 2,300 feet west of Anna Sayles Road, opposite Utility pole 3-1 and approximately 3,800 feet west of the intersection of Anna Sayles Road and Ledgemont Drive, at #8 Winsor Court, Assessor's Plat 29, Lot 343 in the Town of Lincoln. OC&I alleges the Respondent is in violation of the Freshwater Wetlands Act and the Freshwater Wetland Regulations. The violations pertain to clearing, grubbing, grading, filling and constructing a concrete retaining wall on the property. This activity has resulted in the unauthorized alteration of 7,500 square feet of Perimeter Wetland associated with a Swamp and 16,500 square feet of a Swamp, portions of which are Riverbank Wetland. OC&I issued a NOIE to the Respondent on October 25, 2001 requiring the restoration of the freshwater wetlands. The Respondent failed to comply with the NOIE. In the NOV the Respondent was ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $2,000.00.

November 21, 2003 - OC&I/Solid Waste File No. 03-057 re: Donna Raymond for property located at 88 Black Plain Road, Assessor's Plat 20, Block 3, Lots 40 and 42 in the Town of Exeter. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act (Rhode Island General Law 23-18.9-5(a)) pertaining to the disposal of solid waste at other than a licensed solid waste management facility. The violations pertain to the storage and disposal of approximately 2,000 - 2,500 used vehicle tires and approximately 400 cubic yards of other solid waste on the property. OC&I ordered the Respondent to remove the solid waste from the property and to dispose of the waste at a licensed solid waste management facility. The OC&I assessed a penalty in the amount of $6,250.00.

November 21, 2003 - OC&I/Wetlands File No. C99-0516 re: Wawaloam Reservation, Inc., James J. Smith, and Maureen R. Smith for property located at the Wawaloam Campground, approximately 1,300 feet west of Gardiner Road, southwest of house number 510, approximately 1,500 feet northwest of the intersection of Gardiner Road and Pine Ridge Drive, Assessor's Plat 1-E, Lots 9, 10-5, 17, and 19-22 in the Town of Richmond. OC&I alleges the Respondents are in violation of the Freshwater Wetlands Act and the Freshwater Wetland Regulations. The violations pertain to clearing, excavating, road construction, installation of campers/campsites, and filling in multiple areas of freshwater wetlands on the property. These activities have resulted in unauthorized alterations of 8 acres of Swamp, Streams, Forested Wetland, and a Pond and 3 acres of Perimeter Wetland and Riverbank Wetland associated with the Swamp, Streams, Forested Wetland, and Pond. OC&I issued a verbal warning to the Respondents on October 1, 1999 and October 19, 1999 not to continue any further work within freshwater wetlands on the property. OC&I issued an NOIE to the Respondents on March 14, 2000 requiring the restoration of the freshwater wetlands and advised the Respondents to stop all other activity on the property that could affect any freshwater wetlands. The Respondents failed to comply with the NOIE. Further inspections of the property on July 17, 2001, January 30, 2002, and October 29, 2002 revealed that new unauthorized activities had occurred in freshwater wetlands. In the NOV the Respondents were ordered to cease further alterations to freshwater wetlands and restore the freshwater wetlands. OC&I assessed a penalty in the amount of $11,000.00.

November 24, 2003 - OC&I/Septic System File No. D3051 re: Kamal Hingorany for individual sewage disposal system (ISDS) designs and/or installations prepared and/or overseen as a licensed ISDS designer. The OC&I alleges that the Respondent is in violation of Rhode Island General Law Sections 5-56.1-8, 42-17.1-2(u) and 42-17.6-3 and the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violations pertain to DEM review of eight separate ISDS applications submitted by the Respondent that revealed a pattern of gross or repeating negligence, incompetence, or misconduct in an application or design of an ISDS and the inspection of the construction of an ISDS. These violations included failure to provide all pertinent information on the application form, failure to submit basic design data, failure to show the location of the septic tank on design plans, failure to show the interconnection of the leach field trenches on the design plans, and failure to properly oversee construction of an ISDS. The findings of DEM review of the ISDS applications were presented to the ISDS Designer Licensing Review Panel (Panel). The Panel is composed of 5 members who have expertise in ISDS issues and who are not employed by DEM. The Panel is appointed by the Director to review the actions of licensed designers and make recommendations to DEM on whether a designer's license should be suspended or revoked and the length of time for the suspension or revocation. The Panel recommended to DEM that the Respondent's License # D3051 be suspended for 60 days. On November 4, 2002 DEM issued to the Respondent a Notice of Intent to Suspend or Revoke the Respondent's License. The Respondent failed to show cause why DEM should not suspend or revoke his License #D3051. In the NOV, OC&I ordered that the Respondent's license be suspended for a period of 60 days and assessed a penalty of $2,200.00.

November 24, 2003 - OC&I/Septic System File No. D3005 re: Craig Carrigan for ISDS designs and/or installations prepared and/or overseen as a licensed ISDS designer. The OC&I alleges that the Respondent is in violation of Rhode Island General Law Sections 5-56.1-8, 42-17.1-2(u) and 42-17.6-3 and the ISDS Regulations. The violations pertain to DEM review of 27 separate ISDS applications submitted by the Respondent that revealed a pattern of gross or repeating negligence, incompetence, or misconduct in an application or design of an ISDS and the inspection of the construction of an ISDS. These violations included failure to provide all pertinent information on the application form, failure to submit basic design data, failure to obtain a freshwater wetlands permit, failure to design ISDS in accordance with approved groundwater depth, and failure to properly oversee construction of an ISDS. The findings of DEM review of the ISDS applications were presented to the Panel. The Panel recommended to DEM that the Respondent's License # D3005 be suspended for 60 days. On November 4, 2002 DEM issued to the Respondent a Notice of Intent to Suspend or Revoke the Respondent's License. The Respondent failed to show cause why DEM should not suspend or revoke his License #D3005. In the NOV, OC&I ordered that the Respondent's license be suspended for a period of 60 days and assessed a penalty of $4,600.00.

Formal Enforcement Cases Settled or Resolved:

November 3, 2003 - OC&I/UST File No. 01-00692 re: Robert L. Laverdiere, Mary Ellen Laverdiere, Pascoag Main Street Service, Raymond L. Laverdiere, Potter Oil Inc., and Medea, L.L.C. for property located at 24 North Main Street (Main Street Mobil), Assessor's Map 175, Lot 19 in the Town of Tiverton. On October 12, 2001, the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act, Oil Spill Pollution Prevention and Control Act, along with RIDEM's Oil Pollution Control Regulations and its Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations pertained to Respondents' release of pollutants/oil/petroleum into waters of the State from the facility. On September 13, 2001, the DEM issued an Immediate Compliance Order to Respondents ordering them to assume full responsibility for the investigation and remedial activities relating to the facility's USTs and the discovery of the release. In the NOV, OC&I also cited the Respondents with numerous violations of the UST Regulations. These violations relate to precision testing, monthly testing of the continuous monitoring system, substantially modifying the facility without approval, installation of groundwater monitoring wells, abandonment of UST systems, failing to inspect the cathodic protection system, and record keeping. The OC&I ordered the Respondents to comply with all of the orders contained in the Immediate Compliance Order and ordered compliance with the UST Regulations to resolve the cited violations. A penalty in the amount of $57,040.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, Respondents Robert L. Laverdiere and Raymond L. Laverdiere executed a Consent Agreement with the OC&I to resolve their portion of the outstanding enforcement action. The Consent Agreement acknowledged that Robert L. Laverdiere filed for bankruptcy in the US Bankruptcy Court, Middle District of Florida under Chapter 7 of the US Bankruptcy Code. In the Consent Agreement, Robert L. Laverdiere and his counsel agreed to recommend to the US Trustee in his bankruptcy matter in the Bankruptcy Court that the Respondent be permitted to enter into this Consent Agreement and that RIDEM be allowed an unsecured claim of $21,500.00 in settlement of the enforcement matter. Robert L. Laverdiere agreed to cooperate fully with RIDEM in its civil action against Respondents Medea, LLC and Potter Oil, Inc. in RI Superior Court, C.A. No. PC01-5030, including but not limited providing documents, deposition testimony and witness testimony. Robert L. Laverdiere also agreed to cooperate fully with RIDEM in identifying and contacting lien-holders on the property for the purpose of seeking discharges of those liens in order to allow Robert Laverdiere to convey clear title to the property. RIDEM agreed to dismiss the NOV, with prejudice, as to Respondent Raymond L. Laverdiere.

November 3, 2003 - OC&I/LUST File No. 03-3925 re: Woonsocket Consumer's Coal Co. for property located at 139 Hamlet Avenue, Assessor's Plat 28, Lots 46 and 151 in the City of Woonsocket. On July 1, 2003, the OC&I issued a NOV alleging that the Respondent violated RIDEM's the UST Regulations. The violations pertained to the Respondent's failure to meet requirements for UST tightness testing and maintenance of tightness testing records, installation of spill containment basins supported by written verification, maintenance of inventory control records and site investigation requirements following discovery of a release at UST facilities. The OC&I ordered the Respondent to comply with all site investigation requirements and corrective action in the event of a release and ordered the Respondent to provide all required records. An administrative penalty in the amount of $35,745.00 was assessed in the NOV. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. Prior to hearing, the Respondent produced a Site Investigation Report as required in the NOV but did not produce the records as ordered. The Respondent agreed in the Consent Agreement to follow the recommendations of the Site Investigation Report and to meet all regulatory requirements if remediation of the property is required. The Respondent agreed to pay a penalty in the amount of $27,620.00. The penalty was paid upon execution of the Consent Agreement.

November 14, 2003 - OC&I/Septic System File No. CI00-240 re: Roger & Jeanne Lapierre for property located at 177 Sayles Hill Road, Assessor's Plat 17, Lot 1, in the Town of North Smithfield. The property includes a single-family dwelling. The OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violations pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $3,000.00. Prior to the hearing on the NOV, the Respondents executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondents agreed to repair the septic system and pay an administrative penalty in the amount of $3,000.00. The Respondents have paid the penalty and transferred the property to a new owner, who has agreed to repair the septic system.

November 14, 2003 - OC&I/Septic System File No. CI00-4 re: George and Shirley Brailey for property located at 708 Washington Street, otherwise identified as Assessor's Plat 54, Lot 122, in the Town of Coventry. The property includes a single-family dwelling. On February 24, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violations pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. In the NOV OC&I ordered the Respondents to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty of $2,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to the hearing, the Respondents executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondents agreed to have the septic system pumped by a licensed septage system hauler on a regular basis and connect all buildings on the property to the town sewerage system with in thirty (30) days of notification from the town that sewers are available. The Respondents paid a reduced administrative penalty in the amount of $1,500.00.

November 17, 2003 - OC&I/Water Pollution File No. 02-05 re: Adult Assisted Care Associates, LLC for property located at 2543 West Main Road, Portsmouth, otherwise identified as Portsmouth Assessor's Plat 55, Lot 1A and Middletown Assessor's Plat 104, Lot 7. On October 17, 2002 OC&I issued a NOV to the Respondent alleging that the Respondent violated the Water Pollution Act and the RIDEM Water Quality Regulations. The violation pertained to the construction of a wastewater collection system without having obtained all required approvals from RIDEM. A penalty of $6,250.00 was assessed In the NOV. The Respondent filed an appeal of the NOV with AAD. Prior to hearing, the Respondent agreed to pay a reduced penalty of $3,500.00 as full resolution of the administrative penalty. The penalty was paid upon execution of the Consent Agreement.

November 20, 2003 - OC&I/RCRA File No. 02-082 re: Ira Green, Inc. and B and B Land Corporation for property located at 177 Georgia Avenue, Assessor's Plat 101, Lot 0420 in the City of Providence. On June 3, 2003, the OC&I issued a NOV to the Respondents alleging that the Respondents are in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations entitled "Protection of the Environment" pertaining to hazardous waste management. The violations pertain to the Respondents' failure to store satellite containers of hazardous waste near or at the point of generation, keep all containers of hazardous waste closed except when adding or removing waste, properly label all containers holding hazardous waste and mark containers with the accumulation start date, maintain an adequate supply of spill control equipment, maintain adequate aisle space, develop a hazardous waste personnel training program, provide training to company employees that handle hazardous waste, amend the hazardous waste contingency plan following significant changes, properly prepare a manifest for transportation of hazardous waste and submit a list of agents authorized to sign the uniform hazardous waste manifest. The OC&I ordered the Respondents to comply with the regulations and assessed an administrative penalty of $17,200.00. Respondent Ira Green Inc. filed an appeal of the NOV with the AAD. Prior to hearing Respondent Ira Green Inc. and the OC&I executed a Consent Agreement to resolve the enforcement action wherein OC&I confirmed through follow up inspection that the Respondent was in compliance with the orders set forth in the NOV and the Respondent agreed to pay a penalty in the amount of $12,500.00. The Respondent agreed to pay an up front penalty of $2,500.00 and to pay the remaining penalty of $10,000.00 in 5 equal monthly installments of $2,000.00 until the penalty is paid in full.

November 24, 2003 - OC&I/RCRA File No. 03-021 re: The City of Newport Public Works Garage located at 80 Halsey Street, Assessor's Plat 9, Lot 317 in the City of Newport. On June 30, 2003, the OC&I issued a NOV alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and RIDEM's UST Regulations. The violations pertained to the Respondent's failure to properly ship and dispose of hazardous waste and to properly manage and dispose of contaminated soil during a UST closure. The hazardous waste consisted of approximately 15 cubic yards of lead contaminated soil that was excavated from a UST removal project at the City's Public Works Garage. The Respondent was obligated under the UST Regulations to submit a closure assessment report to RIDEM advising RIDEM of its actions to remediate the site. The closure assessment report was to be submitted to RIDEM in 1999. Following notification to the Respondent that its closure assessment report was late and that formal enforcement including the assessment of penalties may result for its failure to comply, the Respondent advised RIDEM that it discovered the hazardous material on site. The Respondent further advised that following proper removal of the hazardous material, the closure assessment report would be completed and submitted to RIDEM. The Respondent did not submit the closure assessment report until December 2002. In the report the Respondent informed RIDEM that a contractor was hired to remove the contaminated material but upon arriving at the property the contractor found that the soil was no longer present and had disappeared from the property. A penalty in the amount of $12,000.00 was assessed in the NOV for Respondent's failure to properly manage, ship and dispose of the hazardous waste. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $7,000.00. The penalty was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None filed this month.

Superior Court Actions Settled or Resolved:

November 3, 2003 - Superior Court Case File No. C.A. No. PC 01-4158 re: Jan H. Reitsma, in his capacity as Director, RI Department of Environmental Management, Plaintiff, vs. Ultra Metal Finishing Co., Inc. and E. M. Realty, Inc, Defendants for property located at 40 River Avenue, Assessor's Map Plat 65, Lot 916, in the City of Providence. On March 22, 2001, the OC&I issued a NOV alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The violations pertained to failing to provide accumulation dates for 90 day storage containers of hazardous waste, failing to mark and label containers and drums of hazardous waste, failing to submit the names and signatures of all agents of the generator authorized to sign the Rhode Island Uniform Hazardous Waste Manifest, failing to determine if any wastes generated meet the definition of hazardous waste, failure to develop and maintain a contingency plan for the facility, failing to document training for company personnel dealing with hazardous waste, failing to apply for and obtain an EPA identification number, failing to conduct a biennial report and failing to maintain records relative to the management of hazardous waste. In the NOV, OC&I ordered compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $25,750.00. The Respondent filed an appeal of the NOV with the AAD. The Respondent failed to show for the pre-hearing conference scheduled by the AAD and the AAD, on 9 May 2001, issued a Conditional Order of Default against the Respondent. Respondent filed a motion for the AAD to reconsider its Conditional Order of Default and AAD allowed the proceedings to continue provided the Respondent showed for its continued pre-hearing conference. The Respondent again failed to show for AAD's pre-hearing conference and on 11 May 2001 AAD issued a Final Order of Default against the Respondent. On 18 September 2001, RIDEM filed a motion for injunctive relief with the Superior Court. RIDEM's motion was granted and the court issued an order to the Defendant to remove all hazardous waste from the property and to pay the penalty assessed by the RIDEM. Defendant Ultra Metal Finishing Co., Inc. filed for bankruptcy leaving the Superior Court's order to remove all hazardous waste unresolved. RIDEM moved to join the owner of the property, E. M. Realty, Inc., to the Superior Court complaint to effectuate removal of all hazardous waste from the property. On 8 August 2003, a consent order was issued by the Superior Court requiring Defendants Ultra Metal Finishing Co., Inc. and E. M. Realty, Inc. to remove all hazardous waste from the property. As a result of bankruptcy proceedings and sale of the property, RIDEM agreed to accept a reduced penalty in the amount of $2,500.00. All hazardous waste was confirmed removed from the property on 11 September 2003 and the reduced penalty of $2,500.00 was paid on 3 November 2003.

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