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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > September 2000 Summary
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September 2000 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of September 2000. 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 Technical and Customer 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 Sally Spadaro at 401-222-4700 ext. 2426. Requests for file reviews should be addressed to Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

Formal Enforcement Actions Issued:

September 12, 2000 - OC&I/UST File No. 00-01961 re: Kacheg Topalian and Edward Breault d/b/a Sunnyhill Farm for property located at 364 Dexter Street, Assessor's Plat 6, lot 3, Central Falls. The OC&I alleges that the Respondents violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (" the UST Regulations"). These violations pertain to corrosion protection upgrade requirements for UST systems, precision-testing requirements, and requirements to install overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty of $20,190.00. The Respondents have appealed the NOV to the AAD.

September 12, 2000 - OC&I/LUST File No. 00-3411 re: Erlino (a.k.a. "Leon") Avila, Frank V. Avila, jr., Robert J. Avila and Avila Brothers, Inc. for property located at 625 Metacom Avenue, Assessor's Plat 15A, lots 99 and 100, Warren. The OC&I alleges that the Respondents violated sections of Rhode Island's Water Pollution Law, RIDEM's Groundwater Quality Regulations, Oil Pollution Control Regulations and UST Regulations. These violations pertain to violating an order of the director, discharging pollutants/oil/petroleum to waters of the State; improper management and removal of oil spill cleanup debris, continuous monitoring requirements for UST systems, precision testing requirements and site investigation requirements. The OC&I ordered compliance with the law/regulations regarding remediation and clean up and assessed a penalty in the amount of $28,800.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

September 12, 2000 - OC&I/SITE REMEDIATION File No. 00-006 re: Kathleen Sweeney for property located at 1859 Pound Hill Road, Assessor's Plat Map 10, lots 79 and 121, North Smithfield. The OC&I alleges that the Respondent violated Rule 7.01 of RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The violation relates to not conducting an investigation to assess the nature and extent of site contamination and not designing a proposed remedy as required by DEM. The OC&I ordered compliance with the regulations including submission of a proposal for Site Investigation and follow up reporting/assessment. A penalty of $4,400.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

September 20, 2000 - OC&I/RCRA File No. 00-001 re: Xylem Finishing, Inc. for property located at 435 Warwick Industrial Drive, Assessor's Plat 342, Lot 4, Warwick. The OC&I alleges that the Respondent violated portions of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations (Protection of the Environment). The violations pertain to marking and labeling containers of hazardous waste, keeping hazardous waste containers closed, maintaining a hazardous waste contingency plan and personnel training relating to hazardous waste. The OC&I ordered compliance with the regulations and assessed a penalty of $16,200.00. The Respondent has appealed the NOV to the AAD.

September 21, 2000 - OC&I/AIR File No. 00-05 re: Metals Recycling, LLC located at 89 Celia Street, Johnston. The OC&I alleges that the Respondent on 10 occurrences violated Air Pollution Control Regulation No. 17 related to "odors" by causing objectionable odors beyond the property line of the facility. The OC&I ordered compliance with the regulation to cease objectionable odors from migrating beyond the property line. A penalty in the amount of $50,000.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

September 21, 2000 - OC&I/Solid Waste File No. 00-028 re: Global Waste Recycling, Inc. for property located at 180 Colvintown Road, Assessor's Plat 92, lot 1, in the Town of Coventry. The OC&I alleges that Respondent violated Rhode Island's Refuse Disposal Act relating to disposal of refuse at other than a licensed solid waste management facility and operating a solid waste management facility without a license. The Respondent maintained waste in the form of construction and demolition debris in three locations on the property for at least 10 months totaling approximately 112,000 cubic yards. The OC&I ordered Respondent to cease accepting waste, commence removal of all waste and complete the removal on or before November 19, 2000. The OC&I assessed a penalty in the amount of $366,283.00. The Respondent has appealed the NOV to the AAD.

September 27, 2000 - OC&I/Solid Waste File No. 00-044 (Amended NOV) re: Independent Sand & Gravel of R.I., Inc. for property located at 180 Colvintown Road, Assessor's Plat 92, lot 1, in the Town of Coventry. The OC&I alleges that Respondent violated Rhode Island's Refuse Disposal Act relating to disposal of refuse at other than a licensed solid waste management facility and operating a solid waste management facility without a license. The Respondent maintained waste on the property in the form of construction and demolition debris in an approximate amount of 92,443 cubic yards. The OC&I ordered Respondent to cease accepting waste, commence removal of all waste and complete the removal on or before November 19, 2000. The OC&I assessed a penalty in the amount of $233,817.00. The Respondent has appealed the NOV to the AAD.

September 28, 2000 - OC&I/AIR - Lead Paint File No. 00-03 re: Larry Arabian d/b/a/ Larry Arabian Painting of 309 River Road, Lincoln for property located at 366 Olney Street, in the City of Providence. The OC&I alleges that the Respondent violated Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". These violations pertain to collection and containment of spent abrasive, paint, particulate, dust and/or other debris. The OC&I ordered clean up of the property and assessed a penalty of $1,250.00.

September 28, 2000 - OC&I/AIR - Lead Paint File No.00-04 re: Catanzaro & Sons Painting, Inc. of 115 Hamilton Street, Cumberland for property located at 31 Maple Avenue in the Town of Barrington. The OC&I alleges that the Respondent violated multiple sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". These violations pertain to notification, ground sheeting, sealing doors and windows during sanding, containment, collection of liquid waste, mechanical removal of lead paint, and using an alternative lead paint removal procedure without approval. The Respondent complied with clean up requirements prior to the issuance of the NOV. The OC&I assessed a penalty of $5,750.00.

September 28, 2000 - OC&I/LUST File No. 00-28204 re: Mario V. Martone, Rose Martone, and Mario's Towing, Inc. for property located at 430 Charles Street, Assessor's Plat 76, Lot 503 in the City of Providence. The OC&I alleges that Respondents violated sections of the RIDEM's UST Regulations and the Oil Pollution Control Regulations related to corrosion protection upgrade requirements, precision testing, spill containment basins, installation of overfill protection, failure to submit a closure assessment report and removal and disposal of oil spill cleanup debris. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $64,980.00.

September 28, 2000 - OC&I/UST File No. 00-03176 re: Mohamad Nabil Sasa, Sasa Service, Inc., B&A Petroleum, Inc., Afif Khoury, and Ronald A. Acciardo for property located at 2862 Hartford Avenue, Assessor's Plat 57, lot 61 in the Town of Johnston. The OC&I alleges that Respondents violated sections of RIDEM's UST Regulations pertaining to corrosion protection upgrade requirements, precision testing, and installation of spill containment basins. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $23,180.00.

Formal Enforcement Cases - Settled or Resolved

August 24, 2000 (late entry) - OC&I/SOLID WASTE File No. NOV 99-059 and NOV 99-070 re: Pond View Recycling, Inc. The OC&I issued NOV No. 99-059 to Respondent on March 14, 2000 alleging that the Respondent violated Rhode Island's Refuse Disposal Act by disposing of waste in the form of processed construction and demolition debris at separate locations in Cranston, Richmond, and West Greenwich. The sites in question had prior authorization to accept only clean wood chips. The OC&I ordered the Respondent to remove the waste and to pay a penalty of $11,396.80. On March 21, 2000, the OC&I issued NOV No. 99-070 to the Respondent alleging that the Respondent violated the Refuse Disposal Act, Solid Waste Regulation No. 6 entitled "Petroleum Contaminated Soil Processing Facility", the UST Regulations and RIDEM's Oil Pollution Control Regulations at its facility located at 1 Dexter Road Assessor's Map 304, Block 1, Parcel 1.1.0 in the City of East Providence. The violations pertained to operating a solid waste facility without a license, disposal of solid waste at other than a licensed solid waste management facility, offering petroleum contaminated soil as landfill cover, improperly handling contaminated soil and improper removal of clean up debris. The OC&I ordered compliance with the law/regulations and assessed a penalty of $15,149.00. The OC&I and Respondent executed an agreement to resolve both enforcement actions. It was acknowledged that the Respondent had already taken action to resolve the violations noted and/or provided information of its lack of knowledge relating to accepting solid waste containing petroleum contaminated soil. The Respondent agreed to resolve all other outstanding violations. Based upon mitigating factors considered by the OC&I, the combined penalty of $26,545.80 for both NOV's together was reduced to a penalty of $9,424.80.

September 14, 2000 - OC&I/UST File No. 99-00413 re: Raymond G. Porter d/b/a Ray's Gulf and Sara E. Porter for property located at 454 Pawtucket Avenue, Assessor's Plat 64A, lot 849 in the City of Pawtucket. On May 12 2000, the OC&I issued a NOV to Respondent alleging violations of RIDEM's UST Regulations. The RIDEM ordered compliance with the regulations and assessed an administrative penalty of $9,370.00. The OC&I and the Respondent negotiated a settlement of the NOV and executed an agreement to resolve the past violations. The parties agreed to a penalty of $3,607.50 that has been paid in full.

September 21, 2000 - OC&I/UST No. 99-JSLAM re: JSLAM Realty, LLC for property located at 475 Quaker Lane, Assessor's Plat 29, lot 30 in the Town of West Warwick. On January 4, 2000, the OC&I issued a NOV to Respondent alleging violations of RIDEM's UST Regulations pertaining to the improper closure of a UST. The OC&I ordered compliance with the regulations related to proper closure procedures and assessed a penalty of $2,500.00. The OC&I and the Respondent negotiated a settlement wherein the Respondent is allowed to show through testing that it did not previously have a regulated UST on the property despite prior reports to the contrary. The Respondent agreed to comply with regulatory requirements and to pay the penalty in full if tests show petroleum contamination at the property in the location of the alleged UST removal.

September 22, 2000 - OC&I/SOLID WASTE File No. 99-012 re: Estate of Jessina A. Tucker for property located at 9 Walker Road, Assessor's Plat 5, lot 40 in the Town of Foster. On September 24, 1999, the OC&I issued a NOV to the Respondent alleging violations of the Refuse Disposal Act pertaining to the disposal of approximately 150 cubic yards of mixed solid waste on the property. The OC&I ordered removal of the waste and assessed a penalty of $1,000.00. The OC&I and the Respondent negotiated a settlement of the NOV and executed an agreement where the Respondent agrees to remove the solid waste from the property over an agreed upon period of time. The OC&I considered the Respondent's ability to pay the penalty and agreed to waive the penalty provided the Respondent meets its obligations under the agreement. The original penalty and additional stipulated penalties may be imposed for Respondent's noncompliance with the agreement.

September 22, 2000 - OC&I/UST FILE No. 99-2171 re: The Estate of Virginia H. Hennessey and Sam Alami d/b/a BEST GAS for property located at 317 North Broadway, Assessor's Map 304, Block 5, Parcel 60 in the City of East Providence. The OC&I issued a NOV to Respondents on March 16, 1999 for alleged violations of multiple sections of RIDEM's UST Regulations and Section 46-12-13 of the Water Pollution Act relating to violating an order of the director. The OC&I ordered compliance with the regulations and assessed a penalty of $64,425.00. The OC&I and the Estate of Virginia H. Hennessey negotiated a settlement to resolve its portion of the violations. The executed agreement requires site investigation, corrective action and a penalty in the amount of $25,000.00. The agreement also calls for stipulated penalties for noncompliance of the agreed upon actions.

September 22, 2000 - OC&I/RCRA File No. 99-010 re: Domenic Tudino and State Auto Body for property located at 380 Valley Street, Assessor's Plat 65, lot 833 in the City of Providence. On September 24, 1999, the OC&I issued a NOV to the Respondent alleging violations of RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations relating to hazardous waste management. These violations pertained to storage, spill control, closed containers, labeling, weekly inspections of hazardous waste containers, contingency plan requirements, adequate aisle space, training and authorized agents for hazardous waste manifests. The OC&I ordered compliance with the regulations and assessed a penalty of $54,618.00. The OC&I and the Respondent negotiated a settlement of the enforcement action and executed an agreement wherein it was acknowledged that the Respondent is now in compliance with the regulations. The Respondent has agreed to a penalty of $26,150.00 with $5,000.00 paid up front and the remaining penalty paid over time before August 1, 2001.

September 26, 2000 - OC&I/RCRA File No. 99-024 re: Leviton Manufacturing Co., Inc. for property located at 745 Jefferson Boulevard, Assessor's Plat 278, lot 115 in the City of Warwick. On February 1, 2000, the OC&I issued a NOV to Respondent alleging violations of the Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations pertaining to hazardous waste management. The alleged violations related to secondary containment for liquid hazardous waste, marking dates for accumulation start time, exceeding 90 day storage time, hazardous waste contingency plan requirements and authorized agents for hazardous waste manifests. The OC&I ordered compliance with the regulations and assessed a penalty of $11,650.00. The OC&I and the Respondent negotiated a settlement of the enforcement action and executed an agreement to resolve any remaining compliance issues. The Respondent is now in compliance with the regulations. The Respondent agreed to a penalty of $5,800.00 and has paid the penalty in full.

September 29, 2000 - OC&I/UST File No. 99-01401 re: The Town of Johnston for property located at 7 Morgan Mill Road, Assessor's Plat 6, lot 66, owned by Ramot Realty Associates and formerly operated by the Town of Johnston's Highway Department. On September 17, 1999 the OC&I issued a NOV to the Respondent alleging violations of RIDEM's UST Regulations. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $11,730.00. The OC&I and the Respondent negotiated a settlement of the enforcement action and executed an agreement to resolve the past violations. The Respondent paid a penalty in the amount of $9,230.00.


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