November 2014 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 2014. 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 emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

November 28, 2014 - OWTS File No. 14-150 re: James T. Chase and Joyce A. Chase for property located at 457 Hill Farm Road, Assessor's Plat 318, Lot 145 in the town of Coventry. The property includes a residential dwelling and is owned by the Respondents. 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 June 18, 2014 the OC&I inspected the property and documented the violation. On June 23, 2014 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 $1,400.

November 28, 2014 - OWTS File No. 14-125 re: Stella H. Walden for property located at 235 Putnam Pike, Assessor's Plat 17, Lot 76 in the town of Glocester. 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 29, 2014 the OC&I inspected the property and documented the violation. On June 3, 2014 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 fully 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 $1,400.

November 28, 2014 - OWTS File No. 14-247 re: Rescom E. Peabody, Jr. and Julie Peabody for property located at 830 Third Beach Road, Assessor's Plat 131, Lot 6/B in the town of Middletown. The property includes a bathhouse for a private beach (Peabody's Beach) and is owned by the Respondents. 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 installation of an above ground sewage holding tank (underneath the bathhouse) for the toilets in the bathhouse without a permit from the RIDEM. On October 22, 2014 the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered the Respondents to file an application with the RIDEM for an OWTS to properly treat the sewage from the bathhouse and complete the work in accordance with an approval issued by the RIDEM. The OC&I assessed an administrative penalty of $1,000.

November 28, 2014 - OWTS File No. 14-114 re: Lisa M. Silvia for property located at 99 Hope Avenue, Assessor's Plat 2, Lot 57 in the town of Scituate. 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 29, 2014 the OC&I inspected the property and documented the violation. On June 3, 2014 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 fully 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 $1,400.

Formal Enforcement Cases Settled or Resolved:

November 1, 2014 - Site Remediation File No. 12-1 re: RSM Employer Parking, LLC, Donigian Park, LLC and Michael Izzi d/b/a Izzi and Sons Partnership for a property located at 100 Amherst Street and 181 Valley Street in the city of Providence. Donigian Park, LLC (Donigian) owns the Amherst Street property. Donigian acquired the property on July 7, 2012. The property is described in the city of Providence assessor's database as vacant residential property. RSM Employer Parking, LLC (RSM) owns the Valley Street property. RSM acquired the Valley Street property on July 7, 2012. The Valley Street property is a contaminated site as defined in the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations). On July 2, 2009 Izzi and Sons Partnership (Izzi) submitted to the RIDEM a remedial action work plan (RAWP) to remediate contaminated soil at the Valley Street property. The RAWP was signed by Michael Izzi. On November 30, 2011 the RIDEM approved the RAWP through issuance of a remedial approval letter to Izzi. On October 30, 2013 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act and the RIDEM's Remediation Regulations. The violations pertained to removal of contaminated soil from the Valley Street property and the depositing of the soil on the Amherst Street property by Donigian and RSM and the failure of Izzi to notify the RIDEM of a change in ownership of the Valley Street property. On December 11, 2012 the RIDEM inspected the Amherst Street property. The inspection revealed that fill material was recently deposited on the property. During the inspection the RIDEM inspector spoke with Mark Van Noppen of the Armory Revival Company. Mr. Van Noppen admitted the following: he represents Donigian and RSM; the fill material was taken from the Valley Street property; the fill material was about 150 cubic yards; and one plan for the Amherst Street property involved construction of multi-family dwellings. The RIDEM inspector collected samples of the fill material. The results revealed that all six samples contained hazardous substances at levels that exceeded the residential direct exposure criteria in the RIDEM's Remediation Regulations. On July 3, 2013 the RIDEM received a copy of a report prepared by Alliance Environmental Group, Inc. reporting that all the fill material was removed from the Amherst Street property and disposed of at a licensed facility. In the NOV, the OC&I assessed an administrative penalty of $25,795 against RSM, $25,795 against Donigian, and $1,250 against Izzi. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay an administrative penalty of $30,840 (in cash and in the form of a Supplemental Environmental Project (SEP). The Respondents agreed to pay $11,740 in cash in twelve monthly payments, the first of which was paid upon execution of the Consent Agreement. The Respondents also agreed to pay to the Woonosquatucket River Watershed Council $19,100 to perform an SEP. The SEP involves the removal of tree debris and solid waste at several locations along and within the Woonosquatucket River.

November 5, 2014 - Underground Storage Tank File No. 2013-108-03176 re: INA Petroleum, Inc. for property located at 2862 Hartford Avenue in the town of Johnston. The property includes a convenience store, a motor fuel filling station and three underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property. On April 16, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violation pertained to the failure to submit a completed Certified UST Facility Operators Registration Form to the RIDEM to verify that trained and certified UST facility operators were assigned to the facility prior to August 1, 2012 and on duty at the facility during all operating hours. On October 17, 2013 the OC&I issued an informal written notice to the Respondent by certified mail for the violation. The notice described the specific actions required to correct the violation. The Respondent submitted a letter to the OC&I in response to the notice. The Respondent stated that it intended to comply with the notice; however, at the time the NOV was issued the OC&I had no knowledge that the Respondent had complied with the notice. In the NOV the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000. The Respondent was never properly served the NOV; however, the Respondent did comply with the informal written notice. As the NOV was never properly served on the Respondent, the OC&I decided to rescind the NOV and waive the administrative penalty.

November 13, 2014 - Hazardous Waste File No. 2011- 48 re: Supreme Asset Management Recovery, Inc. The Respondent operates a facility located at 1950 Rutgers University Boulevard in Lakewood, New Jersey (NJ facility) and is registered with the New Jersey Department of Environmental Protection as a State generator of universal waste pursuant to Title 40 of the Code of Federal Regulations (40 CFR). The property that is the subject of the NOV is located at 21 Sabin Street in the city of Pawtucket. On August 28, 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 40 CFR. The violation pertained to the disposal of hazardous waste at the Sabin Street property and the failure to complete a manifest for each shipment of hazardous waste. The OC&I inspected the property on March 11, 2011. The inspection revealed that waste, in the form of broken glass from cathode ray tubes (CRTs), was disposed at the property. In discussions with Thurston Hartford, who identified himself as the owner of E-Lifecycle Management, LLC, the OC&I learned that his company entered into a contract with the Respondent to receive broken CRT glass from the NJ facility. His company received two shipments of broken CRT glass comprising a total of about 40 tons. The first shipment was received on August 3, 2010 and the second shipment was received on August 10, 2010. On October 12, 2012 the OC&I inspected the property. The OC&I documented 29 cardboard containers holding broken glass. Samples collected by the OC&I revealed that the glass contained concentrations of lead exceeding the regulatory threshold of 5 parts per million making the material in the containers hazardous waste. The OC&I issued an informal written notice to the Respondent on July 31, 2012 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&I ordered the Respondent to transport the CRT glass to a licensed facility using a permitted hazardous waste transporter and submit a copy of the manifest to the RIDEM. The OC&I assessed an administrative penalty of $39,485. The Respondent filed an appeal of the NOV with the AAD. 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 remove the CRT glass to a licensed facility within 30 days and pay an administrative penalty of $4,000. The penalty was paid upon execution of the Consent Agreement.

November 20, 2014 - Underground Storage Tank File No. 2010-00914 and Air File No. 11-20 re: Kisco LLC for property located at 957 Broad Street, Assessor's Plat 2, Lot 21 in the city of Central Falls. The property includes a gasoline station and five underground storage tanks used for the storage of petroleum products (USTs). The Respondent owns the property and operates the facility. The facility was the source of a release of petroleum to the land. As part of the investigation of the release, groundwater monitoring wells were installed on the property. On August 24, 2011 the OC&I issued an NOV (UST NOV) to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations) and the RIDEM's Groundwater Quality Regulations (Groundwater Regulations). The violations pertained to the Respondent's failure to: compile inventory control records for three of the USTs, consistent with the requirements of the RIDEM's UST Regulations; close the groundwater monitoring wells on the property; and properly abandon UST 007, which was used to store used oil and was abandoned. On March 18, 2010 the OC&I inspected the facility and documented the violations. On January 13, 2011 the RIDEM mailed a bill to the Respondent for payment of $2,575 in registration and late fees. The Respondent failed to pay the bill. In the UST NOV, the OC&I ordered the Respondent to achieve compliance with the RIDEM's UST Regulations and the RIDEM's Groundwater Regulations and pay the registration and late fees. The OC&I assessed an administrative penalty of $9,941. The Respondent failed to file an appeal of the UST NOV and failed to comply with the UST NOV. On March 20, 2012 the OC&I issued an NOV (Air NOV) to the Respondent alleging that the Respondent violated the Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 11 - Petroleum Liquids Marketing and Storage. The violations pertained to the operation of gasoline dispensers with a malfunctioning vapor recovery system. On or about June 6, 2011, the RIDEM received a report prepared by Compliance Solutions, Inc. on behalf of the Respondent on the results of testing of the Stage II vapor recovery system at the station. The report stated that the system failed tests identified as the "Blockage Test" and "A/L Ratio Test". On June 6, 2011 and September 20, 2011, the RIDEM issued letters to the Respondent in response to the failed tests. The letters required the Respondent to repair the vapor recovery system and conduct new tests immediately or remove from service the gasoline dispensers. On October 7, 2011 and October 11, 2011, the RIDEM observed customers at the station dispensing fuel from the dispensers with the malfunctioning vapor recovery system. In the Air NOV, the OC&I ordered the Respondent to immediately remove the dispensers from service and keep the dispensers out of service until the vapor recovery system was repaired. The OC&I assessed an administrative penalty of $10,996. The Respondent failed to file an appeal of the Air NOV or comply with the Air NOV. On August 1, 2012 the Respondent had its Certificate of Registration/Authorization revoked by the Rhode Island Secretary of State. The property was later acquired by MADJOE, LLC. On December 16, 2013 MADJOE, LLC properly closed UST 007 in accordance with the RIDEM's UST Regulations. In lieu of proceeding to Superior Court to enforce the UST NOV and the Air NOV, the OC&I and MADJOE, LLC executed a Consent Agreement to resolve the UST NOV and the Air NOV. MADJOE, LLC agreed to the following: pay $4,305 in UST registration and late fees, which were paid upon execution of the Consent Agreement; seek approval from the RIDEM to place the USTs back into service and if approval is granted, within 90 days of receiving approval, complete all work to bring the USTs back into compliance with the RIDEM's UST Regulations and the RIDEM's APC Regulations; if approval is not granted, remove the USTs within 120 days in accordance with the RIDEM's UST Regulations; and pay an administrative penalty of $9,941 in monthly installments. The first payment of $1,941 was paid upon execution of the Consent Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.