Actions Settled or Resolved
This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of October 2001. 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.
October 23, 2001 - OC&I/UST File No. 01-00232 re: GTECH Corporation for property located at 560 Airport Road, Assessor's Plat 321, Lot 4, Unit #5 in the City of Warwick. The property is owned by the State of Rhode Island and Providence Plantations and was operated by the GTECH Corp. from March 1, 1993 until February 2001. The OC&I alleges that the Respondent violated portions of RIDEM's UST Regulations pertaining to precision testing requirements and record keeping for precision testing of USTs. The OC&I ordered the Respondent to submit precision testing records for its jet fuel UST for the years 1993, 1994, 1996 and 1997. The OC&I assessed a penalty in the amount of $4,300.00.
October 30, 2001 - OC&I/UST File No. 01-0047 re: Block Island Power Company for property located at 100 Ocean Avenue, Assessor's Plat 17, Lots 35, 36, 37, 38 and 40 in the Town of New Shoreham. The OC&I alleges that the Respondent violated sections of RIDEM's UST Regulations. The violations pertain to corrosion protection upgrade requirements, precision testing, installation of spill containment basins, overfill protection, written inventory records and permanent closure of a UST system without prior approval. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $25,200.00.
October 19, 2001 - OC&I/AIR File No. 01-03 re: W. Artesani & Sons, Inc., Builders for property located at 52 Vassar Avenue, in the City of Providence. On February 16, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated multiple sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to notification, removing or covering play equipment or furnishings, ground sheeting, vertical containment, use of a sanding machine without a HEPA vacuum, manual scraping without misting the surface, and collection/containment of spent abrasive, paint and other debris. The OC&I assessed a penalty of $5,750.00 against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein it was agreed that the Respondent would pay a penalty in the amount of $2,400.00. The Respondent paid the penalty and the matter is resolved.