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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > November 2006 Summary

 
November 2006 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 2006. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be addressed to Leanne DeCosta at 401-222-4700 ext. 7218, fax 401-222-3810.

Formal Enforcement Actions Issued:

November 6, 2006 - OC&I/Water Pollution File No. 06-07 re: Rollingwood Acres, Inc., Smithfield Peat Co., Inc. and Smithfield Crushing Co., LLC for property located at 961 Douglas Pike, Assessor's Plat 46, Lots 71 and 76 in the Town of Smithfield. The Property is owned by Rollingwood Acres, Inc. (Rollingwood). Smithfield Peat Co., Inc. (Smithfield Peat) operates a leaf and yard waste composting facility at the property and Smithfield Crushing Co., LLC (Smithfield Crushing) operates a rock crushing facility at the property. RIDEM issued freshwater wetlands permit authorizing the Respondent Smithfield Peat to construct two stormwater detention basins. On January 9, 1997, January 27, 1997, February 10, 2005, and April 4, 2006 a RIDEM inspector conducted an inspection of the property and observed turbid water discharging from the two stormwater detention basins into an unnamed stream located on the west side of Douglas Pike. On June 3, 1997 RIDEM issued a Notice of Intent to Enforce (NOI) to Respondent Rollingwood for the discharge of turbid water to the unnamed stream. The Respondent took no action to comply with the NOI. On February 9, 2005 and February 10, 2005, a RIDEM inspector conducted an inspection of the property and observed and documented an oil-sheen on the surface of the water in the stormwater detention basins and a flow of oily water entering the detention basins from the property. The Respondent Smithfield Peat engaged an emergency response contractor to contain and clean up the oil discharge at the direction of RIDEM. In the NOV the Respondents were ordered to immediately install and maintain temporary sediment and erosion control devices on the property adequate to minimize further discharge of soils to the unnamed stream and freshwater wetlands and submit an application to RIDEM for an individual permit for stormwater discharges for the property. OC&I assessed a penalty in the amount of $31,470.00.

November 27, 2006 - OC&I/Septic System File No. CI 04-114 re: Ricky A. Mottram & Marie J. Mottram for property located at 62 State Street, Assessor's Plat 357, Lot 455 in the City of Warwick. The property is owned by the Respondents and includes a single family home. On July 16, 2004 and September 27, 2006 an inspector from the OC&I conducted an inspection of the property and found that sanitary sewage was being discharged to the surface of the ground from the individual sewage disposal system (ISDS). On July 21, 2004 and September 27, 2006, the OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents. The NOIs required the Respondents to pump the ISDS as needed to prevent the overflow of sewage, retain a licensed designer to evaluate the ISDS to determine the cause of the failure, and repair the ISDS, if necessary. Respondents have failed to adequately comply with the terms of the NOIs. In the NOV the Respondents are ordered to immediately reduce the discharge of sewage to the ISDS, pump the ISDS as needed to prevent the overflow of sewage, retain a licensed designer to evaluate the ISDS to determine if the ISDS is failed, and if so, repair the ISDS or connect to public sewers. OC&I assessed an administrative penalty of $1,600.00.

November 29, 2006 - OC&I/Septic System File No. CI 96-193 re: A. B. Management for property located at 53 and 55 Winnapaug Road, Assessor's Plat 165, Lots 243/3, 243/4, 243/5, 243/6, 243/7 and 244 in the Town of Westerly. The Property includes a motel identified as the Beach Plum Inn located on Lot 244 and a five unit condominium complex located on adjacent lots 243/3 through 243/7 all owned by A.B. Management Company. On August 6, 1996, August 23, 2003, August 17, 2005, and August 2, 2006 inspections of the Beach Plum Inn found that sanitary sewage was being discharged to the surface of the ground from the individual sewage disposal system (ISDS) and/or the inlet pipe for the ISDS was submerged, both indicative of a failed system. On August 7, 1996 RIDEM issued a Notice of Intent to Enforce (NOI) to Barbara Stillman, the President of A.B. Management Company. The Respondent submitted applications to RIDEM on August 20, 2002 and May 17, 2006 to construct an ISDS for the Beach Plum Inn; however, both applications were returned as deficient and were not resubmitted to RIDEM. Inspections of a separate building on the property were conducted on June 7, 2000, August 17, 2005, and August 2, 2006 that is currently a 5 unit condominium complex. The inspections revealed that the Respondent changed the use of the building from a motel to condominiums without having submitted a System Suitability Determination (SSD) application to RIDEM to determine whether the ISDS was adequate for the use as condominiums. In the NOV the Respondent is ordered to take the following actions concerning the ISDS for the Beach Plum Inn: reduce the discharge of sewage to the ISDS; pump the ISDS as needed to prevent the overflow of sewage, retain a licensed designer to evaluate the ISDS, and repair the ISDS, if necessary. In the NOV the Respondent is also ordered to take the following action concerning the 5 unit condominium complex: submit an SSD Application to the Office of Water Resources - ISDS Permitting to determine whether the ISDS is adequate for the current use and upgrade the ISDS if necessary. OC&I assessed an administrative penalty of $3,200.00.

November 30, 2006 - OC&I/Freshwater Wetlands File No. C00-0474 re: Snh V. Dao and My T. Nguyen for property located south of Partition Street on Assessor's Plat 308, Lot 391, in the City of Warwick. The violation is located on the property approximately 50 feet south of Partition Street, opposite utility pole 16, behind house number 226, approximately 250 feet east-southeast of the intersection of Partition Street and Potomac Road. The property is owned by Snh V. Dao and My T. Nguyen. On October 12, 2000, January 5, 2001 and January 16, 2001 OC&I conducted inspections of the property that revealed that the Respondents did accomplish or permit alterations of freshwater wetlands by filling, clearing and grading (in the form of at least soil material, slash, concrete and assorted debris) within Swamp, portions of which are also 100-foot Riverbank Wetland and 50-foot Perimeter Wetland. These activities resulted in the unauthorized alteration of approximately 875 square feet of Swamp and 2,275 square feet of Riverbank Wetland and Perimeter Wetland. On July 10, 2001 OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents requiring restoration of the wetlands on the property. The Respondents indicated a willingness to comply with the restoration requirements in the NOI, and DEM granted an extension until November 30, 2001 to complete the restoration. An inspection conducted by DEM on February 27, 2006 revealed that fill had been removed from the Swamp; however, the restoration of the Riverbank Wetland and Perimeter Wetland was not completed. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,400.00.

Formal Enforcement Cases Settled or Resolved:

November 1, 2006 - OC&I/UST File No. 05 - 02082 re: George Azar d/b/a Pace Energy for property located at 1156 (1160) Westminster Street, Assessor's Plat 32, Lot 529 in the City of Providence. On December 28, 2005 the OC&I issued an NOV to the Respondent for alleged violations of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondent had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent argued that new owners and operators were now involved with the property and were responsible for complying with Rule 8.03 of the UST Regulations. The ownership of the property had recently changed to G.G.M.A. Realty LLC and the operators of the USTs on site had also changed to Nahum Sanchez and Elizabeth Esquiaqui. Neither the Respondent nor the new owners/operators had informed RIDEM of a change in registration of the USTs at the time the NOV was issued. Compliance with the ERP requirements was met following issuance of the NOV. The OC&I and the Respondent agreed to settle the enforcement action for Respondent's payment of a penalty in the amount of $1,250.00. The penalty was paid upon execution of the Consent Agreement.

November 1, 2006 - OC&I/Water Pollution File No. 05 - 11 re: City of Newport. The City of Newport is the owner of the Newport Wastewater Treatment Facility (Facility) in Newport and is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0100293. On October 27, 2005 OC&I issued a NOV to the Respondent alleging that the Respondent violated the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's RIPDES Regulations. The violations pertained to the failure to properly implement the Facility's Industrial Pretreatment Program. The RIPDES Permit requires the Respondent to fully and effectively exercise its authority as defined in the Sewer Use Ordinance and implement the Approved Industrial Pretreatment Program (IPP) consistent with the Rhode Island Pretreatment Regulations and Federal General Pretreatment Regulations 40 CFR 403. The Respondent's Pretreatment Program was approved by RIDEM on March 30, 1985. On September 8, 1997 EPA issued a Pretreatment Audit Report to the Respondent which identified numerous deficiencies, including failure to perform Industrial Waste Surveys, failure to identify/designate Significant Industrial Users (SIUs), and failure to issue Industrial Wastewater Discharge Permits (Permits) to SIUs. The Respondent did not respond to the EPA Audit Report. On February 26, 1999 RIDEM reissued the EPA Audit Report and required the Respondent to identify the corrective actions to be taken to resolve the identified deficiencies. A corrective action plan was submitted by the Respondent with a final deadline of September 1, 2000 to attain compliance. On February 19, 2002 RIDEM performed a Pretreatment Compliance Inspection (PCI) of the Facility and reviewed Annual Pretreatment Reports for 2002, 2003, and 2004 that the Respondent submitted to RIDEM. The PCI findings and review of the Annual Pretreatment Reports revealed the Respondent's failure to issue Permits to three SIUs currently discharging to the Facility (Newport Creamery, Newport Naval Station, and Naval Undersea Warfare Center (NUWC)) by the September 1, 2000 deadline and failure to reissue Permits to three SIUs (Newport Hospital, NUWC, and Newport Naval Station); failure to perform annual inspections and sampling of SIUs; and failure to identify noncompliance, including significant non-compliance, and take the necessary enforcement actions against SIUs in accordance with the approved Enforcement Response Plan. In the NOV the Respondent was ordered maintain compliance at all times with the pretreatment requirements in the RIPDES Permit. OC&I assessed a penalty in the amount of $50,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to the administrative hearing on the NOV, the Respondent submitted additional information to DEM to support a recalculation of the administrative penalty. DEM determined that the recalculated penalty was $18,750. The Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a penalty of $13,000 that was paid upon execution of the Consent Agreement.

November 2, 2006 - OC&I/Hazardous Waste File No. 05 - 074 re: N. E. Environmental Services, Inc. for property located at 20 Industrial Drive, Assessor's Plat 24, Lot 255, in the Town of Cumberland. On March 2, 2006 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Hazardous Waste Regulations. The Respondent is authorized by RIDEM to operate a Temporary Storage and Transfer Station ("the facility") on the property for the purpose of processing and temporarily storing waste oil filters, used rags and industrial sorbents. Representatives of RIDEM's Office of Waste Management ("OWM") inspected the facility on April 15, May 31, June 7, July 5 and December 29, 2005. During these inspections, OWM's inspectors noted multiple violations of specific conditions set forth in a Letter of Authorization ("LOA") issued by the OWM to the Respondent to operate the facility. The violations pertain to storage of drums of waste oil filters in excess of the 150 drum limit authorized by RIDEM, failing to store the drums holding waste oil filters in a secured location having a secondary containment device, failing to maintain an operating log documenting the storage and shipment of used oil filters, used rags and industrial sorbents, and failing to properly label all drums of used oil filters, used rags and industrial sorbents while in storage at the facility. In the NOV, the Respondent was ordered to bring the facility into compliance with the LOA within thirty (30) days. A penalty in the amount of $30,000.00 was assessed against the Respondent for the alleged violations. 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 achieved compliance with the LOA following issuance of the NOV. The Respondent agreed to pay a penalty in the amount of $26,000. The OC&I agreed to accept $8,000.00 within 90 days of execution of the Consent Agreement and to allow the Respondent to pay the remaining $18,000.00 in consecutive monthly installments of $500.00.

November 14, 2006 - OC&I/UST File No. 05 - 01561 re: Scituate Oil Company, Inc. and Barbara A. D'Allesandro for property located at 26 Green Hill Road, Assessor's Plat 30, Lot 34, in the Town of Johnston. On May 4, 2005 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondents were the owners or operators of 3 USTs consisting of a 12,000-gallon diesel UST, a 5,000-gallon gasoline UST and a 2,000-gallon heating oil UST. The violations pertained to Respondents' failure to upgrade bare steel sections of the product piping lines for the 12,000 and 5,000-gallon USTs to meet corrosion protection requirements, failure to perform operational surveys of the sacrificial anode cathodic protection for the 12,000 and 5,000-gallon USTs, failure to compile inventory control records for the 12,000 and 5,000 gallon USTs for a period of 3 years, failure to perform tightness testing of the product piping for the 12,000 and 5,000-gallon USTs for years 1994, 1995, 1996 and 1998 through 2003, failure to perform annual testing of the line leak detectors for the 12,000 and 5,000-gallon USTs from 1994 through 2003, failure to maintain their continuous monitoring system ("CMS") to ensure that leak detection was working properly, failure to investigate an existing leak alarm from their CMS, failure to perform monthly and annual testing of the CMS, failure to maintain the spill containment basin for the 12,000-gallon UST free of liquids and solid debris, failure to provide overfill protection for the 12,000-gallon UST and failure to label the fill ports for the 12,000-gallon and the 2,000-gallon USTs to identify the material stored inside. In the NOV, OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed an administrative penalty in the amount of $29,972.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I agreed to execute a Consent Agreement to resolve the enforcement action. The Respondents closed the USTs on the property consistent with the UST Regulations thereby resolving compliance with the order portion of the NOV. The Respondents agreed to a penalty in the amount of $19,000.00 to settle the enforcement action. The OC&I agreed to accept $4,000.00 upon execution of the Consent Agreement and to allow the Respondents to pay the remaining $15,000.00 in consecutive monthly installments of $1,000.00.

November 15, 2006 - OC&I/Freshwater Wetlands File No. C00-0306 re: Harry Hawker III for property located immediately south/southwest of West Shore Drive, at Utility Pole Numbers 5 and 6, east of House number 227, opposite house number 238, approximately 400 feet northwest of the intersection of West Shore Drive and Ten Rod Road (Route 165), Assessor's Plat 84, Block 4, Lots 5, 6 and 7 in the Town of Exeter. The Respondent owns the property. On August 23, 2005, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to installing a culvert and 2 headwalls within a Stream; filling, grading, and clearing within Forested Wetland, and filling, grading, clearing, and storing trailers within 100 Foot Riverbank Wetland. These activities resulted in the unauthorized alteration of approximately 14,100 square feet of freshwater wetland. In the NOV the Respondent was ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $3,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore a portion of the wetlands that were altered by May 31, 2007. OC&I agreed to allow the rest of the alterations to remain upon approval of a restoration plan and the submission of a review fee. A penalty of $350.00 and a review fee of $150.00 was paid upon execution of the Consent Agreement.

November 15, 2006 - OC&I/Freshwater Wetlands File No. C95-0513 re: Bryan A. and Kimberly M. Messier for property located approximately 100 feet west of the Dolly Pond Road cul-de-sac, approximately 800 feet southwest of the intersection of Dolly Pond Road and Lodge Road, Assessor's Map 49, Block 4, Lot 49, in the Town of Exeter. The Respondents own the property and the property includes a single family dwelling. On June 3, 2005, OC&I issued a NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to four separate areas of alterations resulting from filling (in the form of crushed asphalt, boulders, sand and soil material), clearing, grading, and creating soil disturbance within a 100 Foot Riverbank Wetland, 50 Foot Perimeter Wetland, Swamp, and Area Subject to Storm Flowage. These activities resulted in the unauthorized alteration of approximately 4,700 square feet of freshwater wetlands. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $2,500.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore a portion of the wetlands that were altered by May 15, 2007. OC&I agreed to allow the rest of the alterations to remain upon approval of a restoration plan. A penalty of $500.00 was paid upon execution of the Consent Agreement.

November 16, 2006 - OC&I/Water Pollution File No. 06 - 02 re: N. E. Environmental Services, Inc. for property located at 1201 Douglas Pike, Assessor's Plat 49, Lot 67 in the Town of Smithfield. Respondent PJS Properties, LLC (PJS) owns the property that includes a manufacturing building. Respondent N.E. Environmental Services, Inc. (NES) leased the property from Respondent PJS for the purpose of recycling used anti-freeze and motor oil and vacated the property on or about May 2005. On February 3, 2006 OC&I issued a NOV to NES and PJS alleging that the Respondents violated the Rhode Island's Water Pollution Act, Oil Pollution Control Act and RIDEM's Water Quality Regulations, Groundwater Quality Regulations, Underground Injection Control (UIC) Regulations, Individual Sewage Disposal System (ISDS) Regulations, Oil Pollution Control Regulations, and Remediation Regulations. The violations pertained to the unauthorized discharge of ethylene and propylene glycol and oil to the surface water and ground waters of the State and the land, the unauthorized use of a closed UIC system in the manufacturing building, the improper disposal of ethylene and propylene glycol and oil into the ISDS, the failure of the ISDS, and the failure to immediately notify RIDEM of a release of oil and failure to submit a written report to RIDEM within 10 days. PJS was ordered to undertake the following actions: immediately remove all fluid from the UIC system and properly dispose of the fluid; immediately remove all wastewater from the septic tank, distribution box, and leachfield for the ISDS and properly dispose of the wastewater; continue to keep the manufacturing building vacant until all work to clean up the property is completed; conduct a Site Investigation (SI) of the property within 60 days in accordance with the RIDEM Remediation Regulations; submit a Site Investigation Report (SIR) within 90 days to RIDEM in accordance with the RIDEM Remediation Regulations; complete all requirements to clean up the property within 120 days of approval by RIDEM of the SIR; connect the sewerage system for the property to the Town's sewerage system (if available) or repair the failed ISDS; and properly close the UIC system. OC&I assessed a penalty of $82,047.65 against PJS and NES. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, NES and OC&I executed a Consent Agreement to resolve the administrative penalty. NES agreed to a pay the entire penalty of $77,250.00 in monthly installments beginning in January 2007 and continuing through June 2008. DEM had previously executed a Consent Agreement with PJS on October 18, 2006 that resolved the other issues in the NOV.

November 17, 2006 - OC&I/Water Pollution File No. 05 - 01 re: Blackstone Smithfield Corp. The Blackstone Smithfield Corp. is the owner and operator of the Blackstone Smithfield Corporation Wastewater Treatment Facility (Facility) in North Smithfield. On February 24, 2005, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertained to the discharge of pollutants (in the form of fecal coliform bacteria) from the Facility to the Blackstone River in concentrations that exceeded the limits in the Respondent's wastewater discharge permit and the failure to immediately report the violations to RIDEM. The permit requires the Respondent to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The permit also requires the Respondent to immediately report to RIDEM violations of the daily maximum limits. RIDEM reviewed the Respondent's DMR Forms from January 2000 through April 2003. The review revealed that the Respondent violated the permit limits for 28 of the 40 months. Inspections by RIDEM on September 26, 2002 and October 3, 2002 also revealed that the Respondent failed to properly chlorinate the wastewater discharging from the Facility. The Respondent failed to report these violations to RIDEM either verbally or on the DMR Forms. RIDEM issued a Notice of Significant Non-Compliance (SNC) to the Respondent on April 30, 2003. The SNC Notice advised the Respondent of the violations involving non-compliance with the permit limits and the failure to report the violations. The Respondent submitted a letter to RIDEM on May 15, 2003 in response to the SNC Notice stating that the company was unaware it had violated the permit. The reported values of 1600 fecal coliform bacteria occurred so frequently that the Respondent thought this value was in compliance with the permit. It was not until the RIDEM inspection in October 2002 did the Respondent become aware of the violations. A follow up inspection on May 20, 2003 revealed that the Respondent was again failing to properly chlorinate the wastewater. RIDEM reviewed the DMR Forms from May 2003 through June 2004. The review revealed that the Respondent violated the permit limits for 3 of the 14 months. The Respondent failed to report these violations to RIDEM either verbally or on the DMR Forms. The Respondent was ordered to maintain compliance with the discharge limits in the permit and comply with reporting requirements in the permit. OC&I assessed a penalty in the amount of $236,333.00. The Respondent filed an appeal of the NOV with AAD. The Respondent retained a qualified operator to operate the Facility, and, since the issuance of the NOV, the Facility has been in compliance with the permit. Prior to the administrative hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a pay an administrative penalty of $50,000 and was given a credit of $186,333.00 to perform a Supplemental Environmental Project (SEP). The SEP involves the connection of the sewerage system for the property to the Town of Blackstone sewerage system and the elimination of the discharge from the Facility to the Blackstone River by March 31, 2007. The Respondent paid the $50,000 penalty upon execution of the Consent Agreement.

November 17, 2006 - OC&I/Septic System File No. CI 03-195 re: Carol K. Beckwith for property located at 34 Rosebriar Avenue, Assessor's Plat 96-1, Lot 59, in the Town of South Kingstown. The property is owned by Carol Beckwith, and includes a single family home. On September 25, 2005 OC&I issued an NOV alleging that the Respondent violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to the use of the septic system at the property without a Certificate of Conformance (COC) issued by RIDEM. A COC is issued by RIDEM for a septic system that has been constructed in accordance with an application approved by RIDEM. An application was approved by RIDEM on August 30, 2001 for a repair to the septic system. The approved application required the construction of a fixed activated sludge treatment ("FAST") system and a bottomless sand filter ("BSF"). The FAST system has two major components that allow the septic system to properly treat the sewage waste, which are the FAST unit and the blower unit that provides air to the FAST unit. The septic system was constructed and put into use by the Respondent; however, the FAST unit and blower unit were not installed and no COC was issued by RIDEM. In the NOV the Respondent was ordered to immediately cease any further use of the septic system until such time that RIDEM has issued the COC, to retain a licensed designer to inspect the septic system and to complete all necessary work to the system to allow RIDEM to issue a COC. OC&I assessed a penalty in the amount of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to the administrative hearing, the Respondent retained an ISDS designer and installed an ISDS that was conformed by RIDEM. The Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a pay an administrative penalty of $750.00 that was paid upon execution of the Agreement.

November 20, 2006 - OC&I/UST File No. 06- 01068 re: Cumberland Farms, Inc. and Samer T. Elalami for property located at 612 Taunton Avenue, Assessor's Map 405, Block 6, Parcel 3 in the City of East Providence. On August 8, 2006 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and RIDEM's Oil Pollution Control Regulations ("the OPC Regulations"). Respondent Cumberland Farms, Inc. is the owner of the property. Respondent Samer T. Elalami is the operator of the UST facility on the property. The UST facility is registered with the RIDEM. One of the USTs registered with the RIDEM consists of a 550-gallon used oil UST. On 31 May 2005, an inspection of the UST facility revealed multiple instances of noncompliance with the UST Regulations and the OPC Regulations relating to the used oil UST. On 30 June 2005, Respondent Cumberland Farms, Inc. submitted an Environmental Results Program ("ERP") Compliance Certification Checklist for the UST facility. The ERP did not resolve OC&I's concerns regarding noncompliance. The OC&I issued a Letter of Noncompliance ("LNC") to Respondents on 18 July 2005 identifying all instances of noncompliance identified in OC&I's inspection of 31 May 2005. By letter dated 29 August 2005, Respondent Cumberland Farms, Inc. alleged that the issues of noncompliance identified by RIDEM in its LNC had been rectified. On 1 September 2005 OC&I inspected the UST facility and determined that the violations were still present. The violations pertained to Respondents' failure to repair the electronic interstitial leak monitoring sensor for the UST and operating the UST without the continuous leak monitoring device, failure to keep the containment basin for the UST free of liquids, failure to label the material stored inside the UST and failure to prevent spills of used oil onto the ground surface above the UST. Oil had flowed off the concrete pad into surrounding soil. As of 18 May 2006 these conditions had not been corrected. In the NOV, the OC&I ordered the Respondent to achieve compliance with RIDEM's UST and OPC Regulations and assessed a penalty in the amount of $5,000.00. The Respondent did not file an appeal of the NOV with the AAD. The Respondent paid the penalty in full and complied with the order portion of the NOV. The OC&I confirmed compliance on or about November 20, 2006.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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