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

 
November 2012 Enforcement Action Summary

Formal Enforcement Actions Issued
Formal Enforcement Actions Settled or Resolved
Superior Court Actions Issued
Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of November 2012. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

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

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be addressed to Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

November 2, 2012 - Septic System File OWTS-12-43 and CI 11-107 re: KSM Realty, LLC for property located at 81 Read Avenue, Assessor's Plat 64, Lot 58 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondent. The OC&Ialleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On July 13, 2011, the OC&Iinspected the property and documented the violation. On April 3, 2012, the OC&Iissued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&Iordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&Iassessed an administrative penalty of $800.00.

November 2, 2012 - Hazardous Waste File No. HW 2011-58 re: Northland Environmental, LLC for a facility located at 275 Allens Avenue in the city of Providence. On December 1, 2007 the RIDEM issued a permit to the Respondent to operate a Treatment, Storage and Disposal Facility pursuant to the RIDEM's Rules and Regulations for the Management of Hazardous Waste (the Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The permit requires the Respondent to: maintain a minimum of 2 feet of aisle space between rows of waste containers stored at the facility; properly operate and maintain all facilities and systems of treatment and control that are installed or used to achieve compliance with the permit; inspect drum labels prior to acceptance at the facility; assign and attach a tracking number to a container prior to moving it to the storage area; properly manage emergency equipment; and test and maintain equipment. The OC&Ialleges that the Respondent is in violation of RIDEM's Hazardous Waste Regulations and Title 40 of the Code of Federal Regulations. The violation pertains to Respondent's failure to comply with its permit. The RIDEM inspected the facility on September 23, 2011. The inspection revealed the following: failure to maintain a minimum of 2 feet of aisle space in one of the buildings; failure to properly label one container; failure to label 9 containers; failure to mark 14 containers with a tracking number; failure to mark 3 containers with an accumulation start date; failure to maintain a fire extinguisher with a certification tag; and failure to label 2 loose cathode ray tubes as universal waste. In the NOV, the OC&Iordered the Respondent to provide 2 foot aisle space between containers holding hazardous waste, properly label and mark all containers holding hazardous waste, and have all fire protection equipment tested to assure proper operation in time of emergency. The OC&Iassessed an administrative penalty of $16,250.00.

November 20, 2012 - Septic System File OWTS-12-79 and CI 12-63 re: Daniel G. Raboin for property located at 10 Pine Avenue, Assessor's Plat 30, Lot 51 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondent. The OC&Ialleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On May 21, 2012, the OC&Iinspected the property and documented the violation. On May 22, 2012, the OC&Iissued an informal written notice to the Respondent for the violation. The notice required that specific actions be taken to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&Iordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&Iassessed an administrative penalty of $1,400.00.

November 20, 2012 - Dam File No. 121 (Sprague Lower Reservoir Dam) re: Charles and Pauline Bates for property located west of Arrowhead Trail and northwest of the intersection of Arrowhead Trail and Indian Run Trail in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondents own the dam. The OC&Ialleges that the Respondents are in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondents' failure to maintain the dam in a safe condition and the failure to register the dam. The dam was inspected on November 23, 2009. The inspection revealed the following conditions: thick leaf cover on the upstream and downstream embankments that did not allow a proper inspection to be performed; heavy brush cover of the left training wall of the primary spillway that did not allow a proper inspection to be performed; and an unknown operability of the low level outlet. The OC&Iconsiders the dam unsafe because of the thick leaf cover and heavy brush cover that inhibits a proper inspection and the unknown operability of the low level outlet. On April 2, 2012, the OC&Iissued a certified letter to the Respondents that included a registration form for the dam. The Respondents were required to complete and return the form to the OC&Iby July 21, 2012. Thus far, the Respondents have not provided the registration form to the OC&I. In the NOV, the OC&Iordered the Respondents to submit the registration form, remove the heavy leaf cover from the upstream and downstream embankments, cut and remove the heavy brush cover from the left training wall of the primary spillway, retain a professional engineer to inspect the dam (that must include an evaluation of the operability of the low level outlet), and submit a report to the OC&Iof 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&Idid not assess an administrative penalty.

November 21, 2012 - Dam File No. 093 (Canada Upper Pond Dam) re: City of Providence for property located immediately east of Route 146, north of the intersection of Route 146 and Branch Avenue and west of Lakeside Street in the city of Providence. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. The OC&Ialleges that the Respondent violated 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 December 19, 2011. The inspection revealed that the low level outlet gate is inoperable. The OC&Iconsiders the dam unsafe because of the inoperable low level outlet gate. In the NOV, the OC&Iordered the Respondent to retain a professional engineer to submit an application to the OC&Ito repair the low level outlet gate and complete the repair in accordance with an approved schedule. The OC&Idid not assess an administrative penalty.

November 27, 2012 - Water Pollution File No. 12-93 and WP 12-075 X-ref RIPDES RIR100812 re: Belmont Commons, Inc. for property located at 115 Manton Street in the city of Pawtucket. On March 16, 2011 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity. The permit requires the Respondent to: keep a copy of the Storm Water Pollution Prevention Plan (SWPPP) on site at all times; inspect all pollution prevention measures at least once every seven days; and prepare and sign reports that document the results of the inspections. The OC&Ialleges 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 the permit. On June 18, 2012 the RIDEM inspected the property. The inspection revealed that the Respondent failed to keep a copy of the SWPPP on site and failed to prepare and sign weekly inspection reports. In the NOV, OC&Iassessed an administrative penalty of $3,000.00.

Formal Enforcement Cases Settled or Resolved:

November 9, 2012 - Septic System File No. CI 04-196 re: Dorothy Foster for property located at 125 Armstrong Avenue, Assessor's Plat 357, Lot 26 in the city of Warwick. A residential dwelling exists on the property and was owned by the Respondent. On February 9, 2007 the OC&Iissued an NOV to the Respondent 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. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV the OC&Iordered the Respondent to have the OWTS evaluated by a licensed designer to determine the cause of the OWTS failure and to connect all of the plumbing in the dwelling to the public sewers if the designer determines that the OWTS requires repair. The OC&Iassessed an administrative penalty of $600.00. The Respondent did not file an appeal of the NOV with AAD. The property was acquired by a new owner, who connected the plumbing in the dwelling to the public sewers. The new owner provided documentation to the OC&Ithat showed the NOV was not properly served. The NOV was issued to Ms. Foster; however, at the time the NOV was issued Ms. Foster had passed away. The person who acquired the property was unaware of the NOV and did not have an opportunity to appeal the NOV to AAD. As such, the OC&Iagreed to waive the administrative penalty assessed in the NOV.

November 14, 2012 - Air File No. 12-13 re: C. R. Bard, Inc. for a facility located at 100 Crossings Boulevard in the city of Warwick. On October 16, 2012 the OC&Iissued 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 an emergency generator without a permit from the RIDEM. On September 21, 2012, the RIDEM received a minor source permit application for a 357 horsepower (HP) natural gas fired emergency generator installed on or about March 7, 2008 at the facility. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&Iassessed an administrative penalty of $1,230.00. The Respondent paid a reduced penalty of $1,032.00, which the OC&Iagreed to accept as full settlement of the NOV.

November 14, 2012 - Solid Waste File No. SW 2011- 01 re: Hollywood Properties, LLC and Hollywood Landscaping, Inc. for property located at 3034 Post Road in the city of Warwick. Hollywood Properties, LLC owns the property. Hollywood Landscaping, Inc. operates a landscaping business on the property. On March 8, 2011 the OC&Iissued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulations. The violation pertained to the operation of a composting facility without a license from RIDEM. The OC&Iinspections of the property revealed leaves, grass clippings, and shrub trimmings stored in and around concrete bunkers. The volume of the yard waste ranged from 49 to 280 cubic yards. In the NOV, the OC&Iordered the Respondents to cease the composting operation and remove and properly dispose of all yard waste on the property. The OC&Iassessed an administrative penalty of $2,500.00. The Respondents fully complied with the NOV, including payment of the administrative penalty, to resolve the NOV.

November 16, 2012 - Septic System File CI 10-115 re: Todd A. Guevremont and Susan F. Guevremont for property located at 1147A Main Street, Assessor's Plat 5B, Lot 20 in the town of Richmond. The property includes a residential dwelling and is owned by the Respondents. On March 1, 2012 the OC&Iissued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. Prior to the issuance of the NOV, the Respondents filed an application with the RIDEM to repair the OWTS. The application was approved by RIDEM; however, the Respondents failed to proceed with the work. In the NOV, the OC&Iordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows and repair the OWTS in accordance with the approval issued by RIDEM. The OC&Iassessed an administrative penalty of $800.00. The Respondents repaired the OWTS in accordance with the RIDEM's approval and paid a reduced penalty of $350.00, which the OC&Iagreed to accept as full settlement of the NOV.

November 19, 2012 - Septic System File OWTS 12-8 and CI 11-161 re: John A. Florio Inter Vivos Trust and John A. Florio for property located at 44 Lake View Drive, Assessor's Parcel Identification No. CVB-010-000 in the town of Glocester. The property includes a residential dwelling and is owned by John A Florio Inter Vivos Trust. John A. Florio is the Trustee. On April 17, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the pumping of sewage (with a portable pump) from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On December 22, 2011 the Glocester Police Department inspected the property in response to a complaint of sewage odors in the neighborhood. The officer observed a green garden hose extending from the OWTS to the surface of the ground, grayish color water flowing from the garden hose, a pump with an electrical cord connected to the garden hose, and odors associated with sewage in the area where the garden hose was discharging water to the surface of the ground. The officer observed Mr. Florio operating the pump and ordered him to stop. In the NOV, the OC&I ordered the Respondents to cease pumping sewage from the OWTS to the surface of the ground, keep the OWTS pumped as often as necessary to prevent sewage overflows using a licensed septage hauler, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents submitted documentation to the OC&I to show that they do not have the financial means to repair the OWTS or pay any portion of the penalty assessed in the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pump the OWTS as often as necessary to prevent any and all overflows, discontinue all use of the washing machine at the dwelling until the system is repaired, limit occupancy of the dwelling to no more than 1 person until the system is repaired, and repair the system when the property is sold or transferred to a new owner. The OC&I waived the administrative penalty assessed in the NOV.

November 19, 2012 - Water Pollution File No. 04-186 re: JF Realty LLC and Joseph Ferreira for property located at 290 Curran Road in the town of Cumberland. The property is owned by JF Realty LLC. The property includes an automobile salvage yard and a storm water conveyance system that discharges storm water from the property through two outfall pipes to Curran brook. JF Realty LLC leases the property to LKQ Advanced Auto Recycling, Inc., which was dissolved as a corporation on September 21, 2006. Joseph Ferreira is the president of LKQ Advanced Auto Recycling, Inc. On March 2, 2010 the OC&Iissued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act and the RIDEM's Water Quality Regulations. The violation pertained to the discharge of pollutants (in the form of sediment) from the property to Curran brook during rainstorms. In the NOV the Respondents were ordered to retain the services of a qualified environmental professional to evaluate the property, the storm water drainage system and the salvage yard operations to determine the cause of the violation, develop a plan to correct the violation, and upon approval by the OC&I, implement the plan. The OC&Iassessed an administrative penalty of $2,670.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents implemented a plan to properly manage the storm water runoff from the property and paid the administrative penalty in full to resolve the NOV.

November 20, 2012 - Air File No. 12-11 re: Electric Boat Corporation for a facility located at 165 Dillabur Avenue in the town of North Kingstown. On October 16, 2012 the OC&Iissued 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 two emergency generators without a permit from the RIDEM. On August 9, 2012, the RIDEM received two minor source permit applications for a 189 horsepower (HP) natural gas fired emergency generator installed in May 2010 and a 530 HP natural gas fired emergency generator installed in May 2012. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger with a date of initial startup on or after November 15, 2007. In the NOV, the OC&Iassessed an administrative penalty of $2,000.00. The Respondent paid the penalty in full to resolve the NOV.

November 26, 2012 - Septic System File OWTS 12-48 and CI 11-138 re: Bruce A. Coon and Joan L. Coon for property located at 14 North Main Street (also referred to as 14 and 14A North Main Street), Assessor's Plat 23, Lot 36 in the town of Westerly. The property includes a residential dwelling and is owned by the Respondents. On April 6, 2012 the OC&Iissued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&Iordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&Iassessed an administrative penalty of $1,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents submitted an application to the RIDEM to repair the OWTS, which was approved. The OC&Iand the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to repair the OWTS in accordance with the approval within 90 days and pay a reduced administrative penalty of $800.00 in monthly installments of $100.00. The Respondents paid the first installment upon execution of the Agreement.

November 26, 2012 - Freshwater Wetlands File No. C03-0259 re: CFD Realty, LLC and JS Pallet Co., Inc. for property located along Lockbridge Street, beginning at a point approximately 900 feet north of the intersection of Lockbridge and Weeden Streets and continuing to a point 2,320 feet north of the intersection, Assessor's Plat 47, Lot 725 in the city of Pawtucket and Assessor's Plat 1, Lot 150 in the town of Lincoln. The property is currently owned by CFD Realty, LLC. CFD Realty, LLC acquired the property on December 29, 2003. The property was owned by JS Pallet Co., Inc. JS Pallet Co., Inc. purchased the property on December 31, 1992. On August 3, 2009 the OC&Iissued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to filling (in the form of at least pallets, pavement, trailers, and vehicles) within Riverbank Wetland and Floodplain. This activity resulted in the unauthorized alteration of approximately 71,000 square feet of freshwater wetland. In the NOV, the OC&Iordered the Respondents to restore the freshwater wetlands on the property and assessed an administrative penalty of $1,000.00. The Respondents filed an appeal of the NOV with AAD. On September 25, 2012 an administrative hearing was held at AAD. On October 31, 2012 the AAD hearing officer issued a Decision and Order. In his decision, the hearing officer ordered the Respondents to restore the freshwater wetlands in accordance with the NOV. The hearing officer determined that, as the OC&Idid not present testimony on the administrative penalty, no evidence was introduced to support the administrative penalty. The OC&Iargued that, as the NOV provided the basis for the administrative penalty and the NOV was accepted as a full exhibit, the OC&Ihad met its evidentiary burden. The hearing officer did not accept this argument and waived the administrative penalty assessed in the NOV.

Superior Court Actions Issued:

November 23, 2012 - Freshwater Wetlands and Solid Waste File Nos. FW C07-0266, SW 2007 422 and SW 09-04 and Superior Court File No. PC 12-6063 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants William and Cynthia Overdeep for property located at 1621 Old Smithfield Road, Assessor's Plat 17, Lot 38 in the town of North Smithfield. The Defendants own the property. On February 18, 2008 the OC&Iissued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Refuse Disposal Act. The violation pertained to the disposal of approximately 85 cubic yards of solid waste on the property. The waste consisted of construction and demolition (C&D) debris, scrap metal, tree waste and other mixed solid waste. In the NOV the OC&Iordered the Defendants to dig test pits to determine the extent of waste buried on the property and to remove all waste to a licensed solid waste management facility within 60 days. The OC&Iassessed an administrative penalty of $2,500.00. The Defendants failed to file an appeal of the NOV with AAD. On February 25, 2009 the OC&Iinspected the property. The inspection revealed unauthorized storage and landfilling of C&D debris in a wetland on the property. In addition, the Defendants were burning C&D waste in a wood stove using waste paint thinner and other hazardous materials as an accelerant. The violations resulted in the unauthorized alteration of approximately 50 linear feet of a stream and 24,000 square feet of a riverbank wetland, the unauthorized disposal of approximately 382 cubic yards of solid waste (consisting of C&D debris, scrap metal, white goods, furniture, cardboard, an abandoned automobile, paint cans, an empty steel tank, plastic, and leaf and yard waste), and the unauthorized operation of a C&D debris processing facility (the Respondents had a small excavator that was being used to crush furniture and C&D debris). On April 9, 2010 the OC&Iissued an NOV to the Defendants alleging that the Defendants violated Rhode Island's Refuse Disposal Act and Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. In this NOV, the OC&Iordered the Defendants to cease disposal of solid waste and cease operation of a solid waste management facility or C&D facility, remove and properly dispose all solid waste from the property and all foreign soil material from the freshwater wetlands, and reseed the riverbank wetland with a wildlife conservation grass seed mixture. The OC&Iassessed an administrative penalty of $17,800.00. The Defendants failed to file an appeal of the NOV with AAD. The OC&Iinspected the property on June 28, 2012 and July 5, 2012 and determined that additional storage and landfilling of C&D debris was ongoing. On November 23, 2012, the OC&Ifiled a complaint in Superior Court against the Defendants. In the complaint, the OC&Iis asking the Court to order the Defendants to comply with the NOVs.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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