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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > November 2013 Summary

 
November 2013 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 2013. 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 5, 2013 - Dam File No. 565 (Ross Pond Dam) re: George E. Binns Living Trust for property located approximately 653 feet west of the intersection of Wallum Lake Road and Ross Road, approximately 15 feet south of Wallum Lake Road in the town of Burrillville. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violations pertain to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on November 8, 2011. The inspection revealed the following conditions: brush, small trees and deadfall along the entire downstream embankment did not allow a proper inspection to be performed; and an inoperable low level outlet. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection and the inoperable low level outlet. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The Respondent was also ordered to repair the low level gate. The OC&I did not assess an administrative penalty.

November 6, 2013 - Dam File No. 575 (Jamestown Lower Dam) re: Town of Jamestown for property located approximately 1,180 feet south of the intersection of Weeden Lane and North Road in the town of Jamestown. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violations pertain to the Respondent's failure to maintain the dam in a safe condition and the Respondent's failure to submit a registration form for the dam to the OC&I. On January 26, 2009, the OC&I issued a certified letter to the Respondent that included a registration form for the dam. The Respondent was required to complete and return the form to the OC&I by February 14, 2009. The Respondent has not provided the registration form to the OC&I. The dam was inspected on August 7, 2012. The inspection revealed the following conditions: vegetation and vegetation debris on the upstream embankment crest and downstream embankment did not allow a proper inspection to be performed; and no visible low level outlet. A plan on file with the DEM for the dam shows that the dam had a low level outlet. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection and the lack of a low level outlet. In the NOV, the OC&I ordered the Respondent to submit the registration form, remove the vegetation and vegetation debris, retain a professional engineer to inspect the dam, and submit a report to the OC&I of his/her findings, including any specific actions necessary to return the dam to a safe condition and a schedule to complete the work. The Respondent was also ordered to install a low level gate. The OC&I did not assess an administrative penalty.

November 8, 2013 - Air File No. 13-11 re: Westcott Terrace LLC for a facility located at 319 Providence Street in the town of West Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertains to the installation and operation of a generator at the facility without a permit from the RIDEM. On February 29, 2012 the RIDEM received an application for a general permit for a distributed generator with a maximum heat input capacity of 948,600 British thermal units per hour. In letters sent dated January 3, 2013 and May 8, 2013, the RIDEM informed the Respondent that the generator was not eligible for a general permit and that the Respondent must submit a minor source permit application. On July 23, 2013 the RIDEM inspected the facility. The inspection revealed that the generator was installed and operable. The RIDEM determined that the generator was installed in January 2013 with an initial start up in April 2013. Thus far, the Respondent has failed to submit a minor source permit application for the generator to the RIDEM. In the NOV, the OC&I ordered the Respondent to submit the minor source permit application to the RIDEM within 30 days and correct any deficiencies with the application within 30 days of notification by the RIDEM of such deficiencies. The OC&I assessed an administrative penalty of $5,000.00.

November 18, 2013 - Water Pollution File No. 13-73 X-ref RIPDES RIR100993 re: 285 East Main Road, Inc. d/b/a Premier Toyota of Newport for property located at 285 East Main Road in the town of Middletown. On February 12, 2013 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity. The permit requires the Respondent to maintain all pollution prevention measures to prevent uncontrolled releases of sediment or sediment laden water from traveling beyond the limits of disturbance and maintain a Storm Water Pollution Prevention Plan (SWPPP) at the property at all times. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertain to the Respondent's failure to comply with its permit. On September 4, 2013 the RIDEM inspected the property. The inspection revealed that the SWPPP was not on site. Also, the area of the property where a new retaining wall was being constructed did not have erosion/sediment (E/S) controls installed to prevent sediment from traveling beyond the limits of disturbance. The Respondent contacted its consultant at the time of the inspection, and the consultant delivered a copy of the SWPPP to the Respondent while the RIDEM inspector was still on site. On September 16, 2013 the RIDEM issued an informal written notice to the Respondent regarding the failure to maintain E/S controls. The Respondent's consultant submitted documents to RIDEM that were received on October 2, 2013 showing that proper E/S controls were now installed. In the NOV, the OC&I assessed an administrative penalty of $5000.00.

November 21, 2013 - Water Pollution File Nos. 12-94 and 12-076 X-ref RIPDES RI0020168 re: Medical Homes of Rhode Island, Inc. for a facility located at 49 Old Pocasset Road in the town of Johnston. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0020168. The permit authorizes the Respondent to discharge treated sanitary wastewater from the facility to an unnamed tributary to Dry Brook. The permit requires the Respondent to: for Total Ammonia comply with monthly average limits of 1.66 milligrams per liter (mg/l) from May 1 to October 31 and 3.38 mg/l from November 1 to April 30 and with a daily maximum limit of 10.6 mg/l; for Biological Oxygen Demand (BOD) comply with a monthly average limit of 15 mg/l, a weekly average limit of 25 mg/l, and a daily maximum limit of 25 mg/l; for Total Suspended Solids (TSS) comply with a monthly average limit of 15 mg/l, a weekly average limit of 25 mg/l, and a daily maximum limit of 25 mg/l; and report any violation of a maximum daily limit to the RIDEM within 24 hours. The OC&I alleges that the Respondent is in violation of the Rhode Island Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's RIPDES Regulations. The violations pertain to the Respondent's failure to comply with the permit. The RIDEM reviewed monitoring results that the Respondent reported to the RIDEM. The review revealed the following violations: for Total Ammonia the monthly average limits were exceeded for May 2011, June 2011, July 2011, February 2012, March 2012, and April 2012 and the daily maximum limit was exceeded for March 2012 and April 2012; for BOD and TSS the monthly average limit, weekly average limit and daily maximum limit was exceeded for February 2012 and March 2012; and for BOD the monthly average limit, weekly average limit and daily maximum limit were exceeded for April 2012. The Respondent failed to notify the RIDEM of the daily maximum limit violations within 24 hours. In the NOV the OC&I assessed an administrative penalty of $31,250.00.

November 25, 2013 - OWTS File 13-50 re: Harry DiPetrillo for property located at 630 Main Avenue in the city of Warwick. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges 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 June 26, 2013, the OC&I inspected the property and documented the violation. On August 8, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required specific actions to correct the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered 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&I assessed an administrative penalty of $1,000.00.

November 25, 2013 - OWTS File 13-36 and CI 13-26 re: W. Robert Foreman for property located at 24 Main Street in the town of North Kingstown. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges 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 23, 2013, the OC&I inspected the property and documented the violation. On May 30, 2013 the OC&I issued an informal written notice to the Respondent for the violation. The notice required specific actions to correct the violation. On September 3, 2013 the Respondent submitted to the RIDEM an application to repair the OWTS, which was approved by the RIDEM on September 10, 2013. Thus far, the Respondent has failed to initiate construction of the OWTS repair. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows and repair the OWTS in accordance with the approval issued by the RIDEM. The OC&I assessed an administrative penalty of $800.00.

November 25, 2013 - OWTS File 13-70 re: Deborah DiIorio and Kenneth LeBlanc for property located at 2774 Hartford Avenue in the town of Johnston. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondents are 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 30, 2013, the OC&I inspected the property and documented the violation. On August 1, 2013 the OC&I issued an informal written notice to the Respondents for the violation. The notice required specific actions to correct the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered 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&I assessed an administrative penalty of $1,000.00.

Formal Enforcement Cases Settled or Resolved:

November 7, 2013 - Hazardous Waste File No. 12-49 re: Technic, Inc. for a facility located at 300 Park East Drive in the city of Woonsocket. The facility is used for the manufacture of precious metal electrical conductance powders. The Respondent is registered with the RIDEM as a large quantity hazardous waste generator at the facility. On January 10, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR). The violations pertained to Respondent's failure to: complete a waste determination on one 50 gallon container; mark one 55 gallon container with an accumulation start date; conduct weekly inspections of the outdoor hazardous waste storage area; maintain copies of manifests for the previous 3 years; have the only fire extinguisher located in the outdoor storage area inspected annually and to post a no smoking sign at the outdoor storage area; and provide annual training to an employee in 2011 and 2012 and to develop a list of job titles, descriptions and amount of training required for each position. The OC&I inspected the facility on April 26, 2012 and documented the violations. In the NOV, the OC&I ordered the Respondent to come into compliance with the RIDEM's Hazardous Waste Regulations and 40 CFR. The OC&I assessed an administrative penalty of $16,250.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the order section of the NOV and agreed to pay a penalty of $4,062.50, which was paid.

November 14, 2013 - Water Pollution File No. WP 11-023 re: Clariant Corporation for property located at 500 Washington Street in the town of Coventry. The property includes a wastewater treatment facility formerly used to treat sanitary and industrial process wastewater generated from manufacturing operations at the property. The Respondent was issued Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0000132 on December 31, 2001 and became effective on March 1, 2002. The permit authorized the Respondent to discharge treated wastewater from the facility to the Pawtuxet River. On February 24, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, the RIDEM's RIPDES Regulations, the RIDEM's Rules and Regulations Pertaining to the Operation and Maintenance of Wastewater Treatment Facilities and the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the Respondent's failure to comply with its permit and its approved Operation and Maintenance Manual for the facility and its use of an onsite wastewater treatment system (an emergency holding tank or EST) without approval by the RIDEM. On October 21, 2010, the RIDEM inspected the facility. The inspection revealed that wastewater was being discharged to the Pawtuxet River without aeration. On November 9, 2010, the RIDEM advised the facility site manager, John Paul, that it was a violation to discharge wastewater to the river without aeration. Mr. Paul stated that he would arrange for storage of the wastewater. On November 10, 2010, Mr. Paul advised the RIDEM that the facility had ceased discharging wastewater to the river and that the wastewater was being diverted to an EST. On November 12, 2010, Mr. Paul advised the RIDEM that the wastewater in the EST was being transported to the Cranston Water Pollution Control Facility and that approximately 350,000 gallons of wastewater in the primary and secondary tanks at the facility were discharged to the river on November 11, 2010. The RIDEM received from the Respondent reports for the months of December 2009 through November 2010. The reports included the following information: the facility ceased use of the aerators on December 23, 2009; the facility discharged approximately 103 million gallons of wastewater to the river from December 23, 2009 through November 10, 2010; and that the facility ceased discharging wastewater from the facility to the river as of November 11, 2010. On January 25, 2011, the Respondent submitted a letter to the RIDEM, which included the following information: all manufacturing operations at the property ceased as of May 31, 2009; approximately 146.2 million gallons of water from the river was diverted through the facility from June 1, 2009 through November 10, 2010; and approximately 9.1 million gallons of wastewater was discharged from the facility to the river from June 1, 2009 through November 10, 2010. The EST was still in use. The Respondent did not apply to the RIDEM for a new permit for its discharge. The Respondent did not receive approval from the RIDEM to cease aeration and bypass the aeration system. The Respondent did not receive approval from the RIDEM to dilute the wastewater with river water. The Respondent did not receive approval from the RIDEM to discharge partially-treated wastewater to the river. The Respondent did not receive approval from the RIDEM for the EST. In the NOV, the OC&I ordered the Respondent to submit a proposal for a permanent solution to the violation, which must include either connection of all buildings on the property to the town's sewerage system or the permanent cutting and capping of the plumbing for all the buildings on the property or some combination of both. The OC&I assessed an administrative penalty of $112,200.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the ordered actions in the NOV and agreed to pay a penalty of $105,000.00, which was paid.

November 21, 2013 - Multi Media/Site Remediation and Solid Waste/File No. 2007-1482 SR re: Town of West Warwick for properties located at 145 Washington Street (formerly identified as 167 Washington Street) and at Hay Street in the town of West Warwick. The Respondent owns the properties. On September 5, 2008 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases and the Rhode Island Refuse Disposal Act. The violation pertained to the unauthorized removal of contaminated soil from the Washington Street property and the deposition of the contaminated soil at the Hay Street property and the unauthorized removal of contaminated soil from the Hay Street property and the deposition of the contaminated soil at the Washington Street property. The violation also pertained to the unauthorized stockpiling of composted sludge from the Respondent's wastewater treatment facility at the Hay Street property and the mixing of street sweepings with the composted sludge. Following investigation and sampling of deposited soil at the Hay Street property, the OC&I determined that the soil was contaminated with hazardous materials (known as polycyclic aromatic hydrocarbons). In December 2007 the OC&I issued an informal written notice to the Respondent for the violations. The notice required the removal of all contaminated soil and solid waste to a licensed solid waste management facility. In January 2008 the OC&I was informed by the Respondent's consultant that the contaminated soil was removed from the Hay Street property and transported to the Washington Street property. Further investigation revealed that several truckloads of contaminated soil were transported to the Washington Street property and graded and used as fill. The OC&I estimated that approximately 1,130 cubic yards of composted sludge mixed with street sweepings was stockpiled over an area of approximately 8,180 square feet at the Hay Street property and that approximately 35 cubic yards of the material had been graded and used as fill. In March 2008 the OC&I issued a second informal written notice to the Respondent. The Respondent did not comply with the notice. In the NOV, the OC&I ordered the Respondent to cease the disposal of solid waste and hazardous materials at the properties and properly remove all solid waste and hazardous materials. The OC&I assessed an administrative penalty of $11,718.00. The Respondent filed an appeal of the NOV with AAD. To comply with the NOV, the Respondent ceased disposal of solid waste and hazardous materials at the properties and properly disposed of all the street sweepings and composted sludge from the Hay Street property at a licensed landfill. On May 13, 2013 the Respondent submitted a remedial action work plan (RAWP) to the RIDEM for the Hay Street property, which was approved by the RIDEM on August 14, 2013. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to the following terms: complete all work at the Hay Street property within 90 days in accordance with the approved RAWP; submit a post remediation soil management plan, a proposed environmental land use restriction (ELUR) and a remedial action closure report (Closure Report) to the RIDEM within 30 days of the RIDEM's approval of the completion of the RAWP; and within 10 days of the RIDEM's approval of the Closure Report and ELUR record the ELUR in the land evidence records. The Respondent also paid a cash penalty of $3,718.00.

November 21, 2013 - Air File No. 12-02 re: Material Sampling Technologies, LLC for a facility located at 800 Central Street in the town of North Smithfield. On March 25, 2011 the RIDEM issued a permit to the Respondent. The permit requires the Respondent to conduct performance (stack) testing to demonstrate compliance with emission limits for particulate matter. The permit sets an emission limit of particulate matter in the incinerator exhaust flue of 0.08 grains per dry standard cubic foot (gr/dscf) corrected to 12% CO2. On December 26, 2012 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the Respondent's failure to comply with its permit. On or about October 20, 2011, on behalf of the Respondent, CK Environmental submitted to the RIDEM the results of stack testing that was conducted on July 14, 2011. The results showed an emissions rate of particulate matter in the incinerator exhaust flue of 0.109 gr/dscf corrected to 12% CO2 during run #1. In the NOV, the OC&I ordered the Respondent to submit a written proposal to the RIDEM for its review and approval that describes all steps that will be taken to ensure compliance with the permit or submit documentation to the RIDEM that the circuit board burning operation has been permanently shut down. The OC&I assessed an administrative penalty of $2,500.00. The Respondent filed an appeal of the NOV with AAD. On November 7, 2013 the Respondent notified the RIDEM that the permit was transferred from the Respondent to LKQ Precious Metals, Inc. Prior to an administrative hearing on the NOV, the OC&I, the Respondent and LKQ Precious Metals, Inc. executed a Consent Agreement to resolve the NOV. The Respondent and/or LKQ Precious Metals, Inc. agreed to the following terms: conduct testing on the incinerator within 1 year to demonstrate continued compliance with the particulate emission limit in the permit during the processing of circuit board material; submit the results to the RIDEM; and immediately discontinue processing circuit board material if the testing fails to demonstrate compliance and not commence processing until such time that compliance can be demonstrated to the RIDEM's satisfaction. The Respondent also agreed to pay a penalty of $2,000.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

November 8, 2013 - Air File No. 09-04 and Superior Court File No. PC 13-5966 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant TEL Realty, LLC for property located at 91 Hartford Avenue in the city of Providence. The RIDEM issued the Defendant Emissions Cap No. 07-78 on September 16, 2007 to emit air pollutants from its facility. The issuance of the Emissions Cap requires the Defendant to pay an annual compliance fee of $350.00 and submit to RIDEM annual air pollution inventory reports by April 15th of each year. On December 30, 2009 the OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Air Pollution Control Regulation (APC) No. 14, entitled "Record Keeping and Reporting" and APC Regulation No. 28, entitled "Operating Permit Fees". The violations pertained to the failure to submit to the RIDEM air pollution inventory reports for calendar years 2003 through 2008 and failure to pay the annual compliance fee of $350.00. RIDEM advised the Defendant of the violations on numerous occasions (in telephone calls and letters); however, the Defendant has failed to comply. In the NOV, OC&I ordered the Defendant to submit the air pollution inventory reports for calendar years 2003 through 2008 and pay the annual compliance fee of $350.00, along with a $70.00 late fee. The OC&I assessed an administrative penalty of $17,500.00. The Defendant failed to file an appeal of the NOV with AAD and has failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the Order section of the NOV and pay the administrative penalty assessed in the NOV.

November 20, 2013 - Air File No. 08-04 and Superior Court File No. PC 13-5967 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Elio Lossini d/b/a Eli Metals Group for its facility located at 91 Hartford Avenue in the city of Providence. On June 23, 2008 the OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Air Pollution Control (APC) Regulation No. 14 entitled "Record Keeping and Reporting" and APC Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". The Defendant operates an organic solvent vapor cleaning machine (a batch vapor degreaser) using trichloroethylene (TCE) at the facility. TCE is a hazardous air pollutant, a volatile organic compound, and is a toxic chemical regulated by federal and state air pollution control regulations. On 11 August 2005 the RIDEM inspected the facility. The inspection revealed that the Defendant failed to comply with the RIDEM's APC Regulation No. 14 when the Defendant failed to report usage of volatile organic compounds for the years 1999, 2003 and 2004. On 29 November 2005, the RIDEM inspected the facility and determined that the Defendant remained in noncompliance with the RIDEM's APC Regulation No. 14 and also observed multiple violations of the RIDEM's APC Regulation No. 36 pertaining to equipment, monitoring, record keeping and reporting requirements for the degreaser. In the NOV, the OC&I ordered the Defendant to either permanently shut down the degreaser or demonstrate to the RIDEM that the degreaser is fully compliant with all regulatory requirements. The OC&I also ordered the Defendant to prepare and submit all reports required under the RIDEM's APC Regulation Nos. 14 and 36 to the RIDEM. The OC&I assessed an administrative penalty of $18,000.00. The Defendant failed to file an appeal of the NOV with AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the Order section of the NOV and pay the administrative penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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