October 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 October 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 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:

October 1, 2013 - Hazardous Waste File 05-008 re: Southern Union Company for a facility located at 91 Tidewater Street in the city of Pawtucket. The facility was operated by the Respondent doing business as the New England Gas Company. On February 19, 2004 the Respondent registered with the DEM as a small quantity hazardous waste generator at the facility. The OC&I alleges that the Respondent is in violation of 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 pertain to the storage of hazardous waste (mercury) at the facility without a permit from the RIDEM. On October 19, 2004 the Respondent's representative called RIDEM to report a spill at the facility. On the same day, RIDEM received a call from Clean Harbors Environmental Services, Inc. reporting a release of mercury to the ground surface at the facility. RIDEM investigated the spill, which included inspections of the facility and the review of documents submitted by the Respondent. Some of the mercury was generated from decommissioned equipment that the Respondent brought to the facility to remove mercury prior to sending the equipment for disposal off site. The remaining mercury was transferred from a locker of an employee in Fall River who had passed away and brought to the facility on or about March 23, 2003. As a result of the spill and RIDEM's investigation, the Respondent properly removed and disposed of the mercury on or about October 23, 2004. While stored at the facility, the mercury was left unsecured. Vandals entered the building where the mercury was stored and removed some of the mercury, which led to the release of the mercury at an apartment building on Pleasant Street in the city of Pawtucket. Five apartment buildings containing 48 units and two other residential properties were affected. On October 2, 2009 the Respondent was found guilty of one count of storing a hazardous waste (waste liquid mercury) without a permit. In the NOV the OC&I assessed an administrative penalty of $247,498.00.



October 15, 2013 - Air File No. 13-06 re: Dominion Energy Manchester Street, Inc. for a facility located at 40 Point Street in the city of Providence. On June 26, 2007 the RIDEM issued an operating permit to the Respondent (Permit). The Permit was revised on July 31, 2009. The Permit requires a nitrogen oxides (NOX) emission rate of 300 pounds NO_X per hour or less during start up of combustion turbine no. 9. 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. 29 - Operating Permits. The violation pertains to the Respondent's failure to comply with its permit. On January 30, 2013 the RIDEM received correspondence from the Respondent. The correspondence revealed that on January 23, 2013 the hourly nitrogen oxides emission rate during start up of the turbine was 398.6 pounds NO_X per hour for one hour. In the NOV, the OC&I assessed an administrative penalty of $1,000.00.



October 21, 2013 - OWTS File 13-15 and CI 13-12 re: Andrew V. Case and Christine A. Case for property located at 11 Oak View Drive in the city of Cranston. 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 April 10, 2013, the OC&I inspected the property and documented the violation. On May 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 $1,400.00.



October 21, 2013 - OWTS File 13-13 and CI 13-10 re: Mark J. Amaral and Carol A. Amaral for property located at 106 Samuel Gorton Avenue in the city of Warwick. 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 April 5, 2013, the OC&I inspected the property and documented the violation. On April 9, 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 $1,400.00.



October 21, 2013 - OWTS File 13-44 re: David R. Raposa for property located at 934 Weaver Hill Road in the town of Coventry. 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 6, 2013, the OC&I inspected the property and documented the violation. On June 10, 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 $1,400.00.



October 23, 2013 - Dam File No. 123 (Hawkins Dam) re: Louis A. Lafazia III for property located approximately 550 feet southeast of the intersection of Greenville Avenue and Contemporary Drive, approximately 350 feet west of Greenville Avenue in the town of Smithfield. 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 13, 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 January 29, 2009. The Respondent has not provided the registration form to the OC&I. The dam was inspected on December 14, 2011. The inspection revealed the following conditions: the downstream slope of the embankment was heavily covered with leaves that did not allow a proper inspection to be performed; the low level outlet was inoperable and a water wheel was installed in the outlet channel that is possibly obstructing the outlet. The OC&I considers the dam unsafe because of the leaf cover that inhibits a proper inspection and because of the inoperable low level outlet. In the NOV, the OC&I ordered the Respondent to submit the registration form, remove the deadfall, 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 OC&I did not assess an administrative penalty.



October 23, 2013 - Dam File No. 175 (Quidnick Reservoir Dam) re: The Young Men's Christian Association of Pawtucket, Rhode Island for property located approximately 5,000 feet northeast of the intersection of Harkney Hill Road and Victory Highway, approximately 100 feet south of Harkney Hill Road in the town of Coventry. 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 July 13, 2012. The inspection revealed the following conditions: vegetation in several areas did not allow a proper inspection to be performed; the crest in the area adjacent to the left side of the primary spillway is about 1 foot lower than the rest of the crest and reportedly overtopped in 2010; and numerous large stones and other debris are present in the low level outlet channel that may affect the discharge capacity of the outlet. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection, a lowered section of the crest, and debris in the low level outlet channel. In the NOV, the OC&I ordered the Respondent to remove the vegetation and debris, retain a professional engineer to inspect the dam, including the lowered section of the crest, 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 OC&I did not assess an administrative penalty.



October 30, 2013 - Air File No. 13-10 re: Champlin's Marina Resort and Tennis Club, Ltd. for a facility located at West Side Road in the town of New Shoreham. The facility includes a marina. On August 31, 2007 the RIDEM issued an approval to the Respondent to install a diesel generator to supply power to the marina (Permit). The Permit requires the Respondent to burn diesel fuel containing no more than 15 parts per million (ppm) sulfur by weight in the generator. On December 12, 2007 and July 3, 2009 the RIDEM issued an emissions cap to the Respondent (Emissions Cap). The Emissions Cap requires the Respondent to burn diesel fuel that contains no more than 15 ppm sulfur by weight. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act, RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits and RIDEM's APC Regulation No. 29 - Operating Permits. The violation pertains to the Respondent's failure to comply with the Permit and Emissions Cap. On May 14, 2013, May 17, 2013 and May 21, 2013 the RIDEM received records from the Respondent. The records revealed that in 2008 and 2009 the Respondent burned diesel fuel that had a sulfur content in excess of 15 ppm by weight. The reported fuel consumption in 2008 and 2009 was 43,145 gallons and 45,234 gallons, respectively, and the fuel contained a maximum of 500 ppm sulfur. In the NOV, the OC&I assessed an administrative penalty of $4,050.10.



October 30, 2013 - 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. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act and RIDEM's Remediation Regulations. The violations pertain 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 $25,795.00 against RSM, $25,795.00 against Donigian, and $1,250.00 against Izzi.



October 30, 2013 - Dam File No. 761 (Melville Pond Dam) re: Town of Portsmouth for property located approximately 300 feet southeast of the intersection of King Charles Drive and West Main Road, approximately 3,000 feet west of West Main Road in the town of Portsmouth. 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 September 1, 2012. The inspection revealed the following conditions: excessive vegetation along the upstream and downstream embankments and the crest that did not allow a proper inspection to be performed; and an inoperable low level gate. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection and the inoperable low level gate. 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.



October 30, 2013 - Dam File No. 553 (Belleville Pond Dam) re: Town of North Kingstown for property located approximately 1,900 feet northwest of the intersection of Tower Hill Road (Route 1) and Oak Hill Road, approximately 950 feet north of the Oak Hill Road in the town of North Kingstown. 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 August 7, 2012. The inspection revealed the following conditions: excessive vegetation in several areas that did not allow a proper inspection to be performed; the crest appears low in the area of the left abutment; an approximately 9 foot wide, 1 foot deep area is eroded beyond the left training wall that is cutting approximately four feet into the upstream edge of the crest; and sediment at the downstream toe of the right side of the spillway. The OC&I considers the dam unsafe because of the vegetation that inhibits a proper inspection, the low area on the crest, the erosion in the crest, and sediment transport below the spillway. In the NOV, the OC&I ordered the Respondent to remove the vegetation, retain a professional engineer to inspect the dam, including the lowered section of the crest, the erosion in the crest and the sediment transport below the spillway, 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 OC&I did not assess an administrative penalty.

Formal Enforcement Cases Settled or Resolved:

October 3, 2013 - Air File No. 13-09 re: Bruin Plastics Co., Inc. for a facility located at 61 Joslin Road in the town of Burrillville. The Respondent manufactures vinyl reinforced laminated and coated fabric and mesh products at the facility. On September 25, 2013 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act, RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits and RIDEM's APC Regulation No. 29 - Operating Permits. The violation pertained to the Respondent's failure to obtain a permit for equipment that was installed at the facility. On July 19, 2012 the RIDEM inspected the facility. The inspection and review of correspondence submitted by the Respondent to the RIDEM on November 21, 2012 and April 5, 2013 revealed the following: Three laminators were installed and placed into operation between 1972 and 1980 - each laminator applies a coating with a volatile organic compound (VOC) maximum application rate of 284 pounds of VOC per hour; and two laminators were installed and placed into operation in 1984 and 1993 - each laminator applies a coating with a VOC maximum application rate of greater than 100 pounds of VOC per day. On May 22, 2013 the RIDEM issued an informal written notice to the Respondent. The notice stated that the Respondent may apply to the RIDEM for an emissions cap in lieu of a permit for the laminators. On July 24, 2013 the Respondent submitted an application to the RIDEM for an emissions cap for the laminators. In the NOV, the OC&I assessed an administrative penalty of $22,307.00. The Respondent paid the penalty in full to resolve the NOV.



October 3, 2013 - Air File No. 13-08 re: Block Island Power Company for a facility located at 100 Ocean Avenue in the town of New Shoreham. The Respondent operates an electric generating plant at the facility. The RIDEM issued the following permits to the Respondent for the facility: Approval No. 1547 (Engine #22) on June 13, 2000 and Approval Nos. 1586 and 1587 (Engine #23) on February 5, 2001. On September 3, 2013 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 meet the emission limits for ammonia and nitrogen oxides in the permits. On May 14, 2001 and May 15, 2001 the Respondent conducted performance testing of Engine #22. On November 8, 2001 and November 9, 2001 the Respondent conducted performance testing of Engines #22 and #23. On or about July 2, 2001 the RIDEM received a test report indicating that Engine #22 failed to meet the emission limit for ammonia. On January 3, 2002 the RIDEM received a test report indicating that Engine #23 failed to meet the emission limit for nitrogen oxides and Engine #22 failed to meet the emission limit for ammonia. From 2002 through 2012 the Respondent continued to make changes and upgrades to its equipment to meet the emission limits. On August 28, 2012 through August 30, 2012 the Respondent conducted performance testing of its engines. On or about December 12, 2012 the RIDEM received a memorandum from the Environmental Protection Agency on its review of the test results. The memorandum stated that the Respondent demonstrated compliance with the emission limits in the permits. In the NOV, the OC&I assessed an administrative penalty of $2,500.00 for its failure to comply with the permits from 2001 through 2012. The Respondent paid the penalty to resolve the NOV.



October 3, 2013 - Multi Media/Water Pollution File No. 04-01, Freshwater Wetland File Nos. C02-0301 and C06-0361 and Solid Waste File No. 2011-28 re: Joseph Vinagro, Joseph R. Vinagro Properties, LLC, J. R. Vinagro Corporation and Shun Properties, LLC for the following properties: a property located on Assessors Plat 33, Lot 28 (Plat 33/28) and Plat 43, Lot 66 (Plat 43/66) in the town of Johnston; a property located on Assessor's Plat 30, Lot 10 (Plat 30/10) in the town of Johnston; and a property located on Assessor's Plat 32, Lots 11, 12 and 17 (Plat 32/11, 12 & 17) in the town of Johnston. A. Street Realty LLC owns Plat 33/28. The Rhode Island Resource Recovery Corporation owns Plat 43/66. Joseph R. Vinagro Properties LLC owns Plat 30/10. Shun Properties, LLC owns Plat 32/11, 12 & 17. On February 14, 2011 the RIDEM issued a license to J.R. Vinagro Corporation (Vinagro Corporation) to operate a construction and demolition debris (C&D) processing facility and a transfer station on Plat 32/11, 12 & 17. One condition of the license required Vinagro Corporation to construct an enclosed building for the operations (Enclosed Building). On January 12, 2004 the OC&I issued an NOV to Joseph Vinagro (Vinagro) for the Plat 33/28 and Plat 43/66 properties alleging that Vinagro violated Rhode Island's Water Pollution Act and Freshwater Wetlands Act, the RIDEM's Water Quality Regulations, and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The freshwater wetland violations pertained to filling (in the form of soil material), grading, clearing and/or creating soil disturbance within a Riverbank Wetland, Stream, Forested Wetland, Area Subject to Storm Flow, and Emergent Plant Community. These activities resulted in the unauthorized alteration of approximately 67,900 square feet of freshwater wetland. The water pollution violations pertained to the discharge of pollutants (in the form of sediment) into waters of the State (an unnamed Stream tributary to Cedar Swamp Brook and Cedar Swamp Brook) in concentrations that resulted in a violation of State water quality standards and the discharge of stormwater from the property without a permit from RIDEM. These violations resulted in the contamination of 8/10th of a mile of the unnamed tributary to Cedar Swamp Brook and Cedar Swamp Brook. In the NOV the OC&I ordered Vinagro to restore the freshwater wetlands. The OC&I assessed a penalty in the amount of $99,750.00. Vinagro did not file an appeal of the NOV with AAD. Vinagro did restore the altered wetlands; however, he did not pay the penalty. On November 4, 2011 the OC&I issued an NOV to Joseph R. Vinagro Properties, LLC (Vinagro Properties) for the Plat 30/10 property alleging that Vinagro Properties violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling (in the form of at least soil material, stone, concrete blocks, and other construction materials), grading, and creating soil disturbance within a Forested Wetland, portions of which are Riverbank Wetland; clearing, filling (in the form of at least soil material, stone, and construction materials), grading, and culverting within a Stream; and clearing, filling (in the form of at least soil material, stone, concrete blocks, and other construction materials), grading, and creating soil disturbance within Riverbank Wetland. This activity resulted in the unauthorized alteration of approximately 3.2 acres of freshwater wetland. In the NOV the OC&I ordered Vinagro Properties to restore the altered wetlands. The OC&I assessed an administrative penalty of $3,000.00. Vinagro Properties filed an appeal of the NOV with AAD. On December 29, 2011 the OC&I issued an NOV to Vinagro Corporation and Shun Properties LLC (Shun Properties) for the Plat 32/11, 12 & 17 property alleging that Vinagro Corporation and Shun Properties violated the RIDEM's Solid Waste Regulations. The violations pertained to Vinagro Corporation's failure to comply with its C&D license. In the NOV, the OC&I ordered Vinagro Corporation to submit the construction and engineering plans and design specifications for the Enclosed Building to the RIDEM along with a schedule to complete the construction of the building. The OC&I assessed an administrative penalty of $16,250.00. Vinagro Corporation and Shun Properties filed an appeal of the NOV with AAD. On June 6, 2013 Vinagro Properties submitted a plan to the OC&I to restore the altered wetlands on the Plat 30/10 property and restore wetlands on the Plat 33/28 property (Wetland Restoration Plans), which were approved by the OC&I. In lieu of proceeding to an administrative hearing on the 2011 NOVs and to Superior Court on the 2004 NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOVs. The Respondents agreed to the following terms: by October 1, 2013 complete all work associated with the construction of the Enclosed Building and as of that date process all C&D within the Enclosed Building; by May 31, 2014 complete all work on the Wetland Restoration Plans; and pay a penalty of $119,000.00 to the RIDEM in the form of a cash penalty and two Supplemental Environmental Projects (SEPs). Upon execution of the Agreement, the Respondents paid a cash penalty of $13,000.00 to the RIDEM. The Respondents also agreed to complete two SEPs. The first SEP involves providing $20,000.00 to fund various Earth Day clean-up projects undertaken by independent third party organizations throughout Rhode Island in calendar year 2014. The second SEP involves placing a conservation easement on portions of Pat 33/28 to permanently protect the freshwater wetlands on the property. The Respondents were given a credit of $86,000.00 for the SEP.



October 15, 2013 - Multi Media/Water Pollution File Nos. WP-12-47 and WP 12-037, Freshwater Wetlands C12-0019 and 12-17, and Solid Waste 12-33 re: Westerly Granite Co., Inc., Sacco Enterprises, Inc. and Copar Quarries of Westerly, LLC for property located approximately 700 feet west-northwest of the intersection of Church Street (Route 216) and Buckeye Brook Road, approximately 360 feet southwest of the intersection of Church Street and Buckeye Brook Road and approximately 1270 feet to 1750 feet west-southwest of the intersection of Church Street and Buckeye Brook Road, on parcels 45/21/4, 55/21/5 and 55/1 in the town of Westerly. Westerly Granite Co., Inc. (Westerly Granite) owns parcel 55/1. The New Castle Realty Company (New Castle) owns parcels 45/21/4 and 5/21/5. Copar Quarries of Westerly, LLC (Copar) is currently engaged in mineral mining and processing on parcel 55/1. Copar began processing on or about October 2010. Sacco Enterprises, Inc. (Sacco) formerly engaged in mineral mining and processing on parcel 55/1. Sacco was processing from at least April 2008 through November 2008. On July 12, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act, Water Pollution Control Act, and Refuse Disposal Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act, Water Quality Regulations, and Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertained to the discharge of stormwater into three quarry ponds on parcel 55/1 (Quarry Ponds) without a permit from the RIDEM; the alteration of numerous wetlands (Stream, Swamp, Riverbank Wetland, Perimeter Wetland, Forested Wetland, and the Quarry Ponds) on parcels 55/21/5, 45/21/4 and 55/1 (in total affecting approximately one acre of wetlands); and the disposal of approximately 21 cubic yards of solid waste (in the form of glass bottles and canning jars, metal cans, plywood, vinyl siding, asphalt shingles, and other mixed solid waste) deposited on the ground and partially buried on parcel 55/1. In the NOV, the OC&I ordered Westerly Granite and Copar to cease any further alteration of freshwater wetlands, cease the discharge of stormwater to the waters of the State and restore the altered wetlands by October 1, 2012. The OC&I also ordered Westerly Granite to remove and properly dispose of all solid waste on the property within 60 days. The OC&I assessed the following administrative penalties: $2,750.00 against Sacco and Westerly Granite; $6,500.00 against Sacco, Westerly Granite, and Copar; $3,000.00 against Copar and Westerly Granite; and $2,500.00 against Westerly Granite. Westerly Granite and Copar filed an appeal of the NOV with AAD. Sacco failed to file an appeal of the NOV with AAD. On December 6, 2012 the OC&I inspected parcel 55/1 and determined that Westerly Granite had removed and properly disposed of the solid waste on the property as ordered in the NOV. On July 27, 2012 Westerly Granite and Copar submitted to the RIDEM a Notice of Intent and Storm Water Pollution Prevention Plan (Stormwater Application). On February 25, 2013 RIDEM issued a letter to Copar that described deficiencies in the Stormwater Application (the Stormwater Application Deficiency Letter). On June 13, 2013 Westerly Granite and New Castle reached an agreement to allow restoration of wetlands on New Castle's property and the permanent protection of the wetlands through a conservation easement. In lieu of proceeding 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 the following terms: by October 4, 2013 Copar and Westerly Granite shall submit a revised Stormwater Application that addresses all of the deficiencies in the Stormwater Application Deficiency Letter and include a schedule to complete the work; by October 16, 2013 New Castle shall record a conservation easement against its lots which reflect the terms of the June 13, 2013 agreement; by October 31, 2013 Westerly Granite and Copar shall restore the altered wetlands in accordance with the Consent Agreement; and upon approval of the Stormwater Application by RIDEM, Copar and Westerly Granite shall complete all work in accordance with the approved application. To resolve the penalty, Westerly Granite and Copar agreed to pay a penalty of $7,500.00, of which Copar and Westerly Granite each agreed to pay $3,750.00. The penalty was paid upon execution of the Agreement.



October 17, 2013 - Freshwater Wetlands File No. C12-079 re: John and Lisa Reis for property located at 90 Zachariah Place, Assessor's Plat 328, Lot 475 in the city of Warwick. The Respondents own the property. On October 2, 2012 the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, filling (in the form of at least beach sand, patio furniture and assorted accessories), the construction of a patio, and shed installation within the Perimeter Wetland of Warwick Pond. This activity resulted in the unauthorized alteration of approximately 1,000 square feet of freshwater wetland. In the NOV, the OC&I ordered the Respondents to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I did not assess an administrative penalty. The Respondents did not file an appeal of the NOV with the AAD. Mr. Reis complied with the ordered actions in the NOV and restored the altered wetlands, which resolved the NOV.

Superior Court Actions Issued:

October 3, 2013 - UST File No. 02-00544 and Superior Court File No. PC13-4932 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant C. & J. O'D., Inc. for property located at 92 Sunnyside Avenue, Assessor's Plat 3B, lot 97, in the city of Woonsocket. The Defendant owns the property. The property was formerly operated as a gasoline service station (facility). The facility is registered with the RIDEM pursuant to the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). During operation of the facility, 3 undergound storage tanks (USTS or tanks) were located on the property. The tanks were used for the storage of gasoline products. On November 16, 2000, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's UST Regulations. The violations involved the failure to permanently close any tanks that have been removed from service for longer than 180 days and prohibiting the abandonment of the tanks and their associated systems. The OC&I ordered the submission of a permanent closure application and complete removal of the tanks. The Defendant was also ordered to submit a closure assessment that may in turn require a site investigation report and a corrective action plan. The OC&I assessed a penalty in the amount of $15,000.00. The Defendant appealed the NOV to the AAD. The Defendant failed to apprise the RIDEM hearing officer of its inability to appear at a pre-hearing conference, so on December 9, 2002 the hearing officer issued a final order of default and dismissed the appeal at AAD. The final order of default required the Defendant to comply with the NOV. The Defendant 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.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.