Link to DEM Home Page Link to State of RI web site RIDEM graphical banner, showing land and water scene
Navigation button, HomeNavigation button, ProgramsNavigation button, TopicsNavigation button, MapsNavigation button, PublicationsNavigation button, NewsNavigation button, EventsNavigation button, SearchNavigation button, HelpNavigation button, Contact
Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > September 2001 Summary

 
September 2001 Enforcement Action Summary

Actions Issued
Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of September 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 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 Gail Mastrati at 401-222-4700 ext. 2402. 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 6, 2001 - OC&I/ Solid Waste File No. 01-048 re: Rosemary Halstead, Ronald J. Almeida, Manuel J. Almeida, John Almeida, and Ronald J. Almeida Trucking, Inc. for property located at 509 Brayton Road, Assessor's Map 3-8, Block 116, Lot 6 in the Town of Tiverton. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act by disposing of solid waste on the property and by operating a solid waste management facility without a license. Despite a prior citation for disposal of 350 cubic yards of mixed solid waste on the property in 1995 and removal of the waste in 1996, on October 4, 2000, OC&I personnel observed more than 3,300 cubic yards of mixed solid waste on the property. Following the inspection, a Letter of Noncompliance was issued to Respondent Ronald J. Almeida requiring removal of the waste and disposal at a licensed solid waste management facility. Respondent Ronald J. Almeida filed a plan of remediation with the OC&I but failed to meet the prescribed deadlines for commencement and failed to complete removal of the waste. The OC&I ordered the respondent to immediately cease disposal of waste on the property, cease operation of a solid waste management facility, submit a plan and schedule for solid waste removal and remove the waste within 60 days of OC&I's approval of the plan. A penalty in the amount of $45,000.00 was assessed in the NOV.

Formal Enforcement Cases - Settled or Resolved

September 4, 2001 - OC&I/RCRA File No. 00-027 re: Northland Environmental, Inc./Philips Services Corporation for property located at 252 and 275 Allens Avenue, in the City of Providence. On January 31, 2001, the OC&I issued a NOV to the Respondents alleging that the Respondents violated multiple sections of the Rules and Regulations for Hazardous Waste Management at the Hazardous Waste Treatment, Storage and Disposal Facility (TSDF) operated by Respondents. The violations cited in the NOV pertained to requirements related to proper management of reactive waste, collection system operation, container storage, containment systems, record keeping, marking and labeling tanks and hazardous waste, tanks usage, aisle space and annual internal inspection of tanks. The OC&I ordered compliance with the regulations and the facility's permit and assessed a penalty in the amount of $34,500.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the Respondents were able to bring their TSDF facility into compliance with the regulations and the permit. The penalty was reduced to $12,000.00 based upon information provided during settlement negotiations.

September 12, 2001 - OC&I/SEPTIC SYSTEM File No. CI-196-10 re: Robert DeMello d/b/a RDM Realty, Inc. for property located at 1070 Crandall Road, Assessor's Block 131, Card 12A, in the Town of Tiverton. On June 14, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violations consisted of allowing sewage to discharge to the surface of the ground from the septic system on the property; pumping sewage to another portion of the property; and failing to obtain a permit to alter a septic system. The OC&I assessed a penalty in the amount of $5,000.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the Respondent and the OC&I negotiated a settlement of the NOV. The Septic system was repaired and conformed on June 22, 2001 and the OC&I and the Respondent executed a consent agreement wherein it was agreed to reduce the penalty to $3,500.00. The Respondent has paid the penalty in full.

September 12, 2001 - OC&I/SEPTIC SYSTEM File No. CI-196-10 re: Mark and Cheryl DeMello for property located at 1070 Crandall Road, Assessor's Block 131, Card 12A, in the Town of Tiverton. On June 14, 2000, the OC&I issued a NOV to the Respondents alleging that the Respondents violated sections of RIDEM's ISDS Regulations. The violations consisted of allowing sewage to discharge to the surface of the ground from the septic system on the property; pumping sewage to another portion of the property; and failing to obtain a permit to alter a septic system. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $3,000.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the Respondents and the OC&I negotiated a settlement of the NOV. The septic system was repaired and conformed on June 22, 2001 and the OC&I and the Respondents executed a consent agreement wherein it was agreed to reduce the penalty to $1,775.00. The penalty has been paid in full.

September 17, 2001 - OC&I/RCRA/Solid Waste File No. 99-033 re: The Rhode Island Resource Recovery Corporation for property located at 65 Shun Pike, Assessor's Plat 14, lot 402, in the Town of Johnston. On July 30, 1999 the OC&I issued a NOV to the Respondent alleging that the Respondent violated portions of the Hazardous Waste Management Act, sections of the Hazardous Waste Management Rules, the Refuse Disposal Act and the Rules and Regulations for Composting Facilities and Solid Waste Management Facilities. The violations pertained to the illegal disposal of hazardous waste, failing to have an operating permit to accept hazardous waste for disposal, failing to meet the requirements for facility land-filling of hazardous waste, unauthorized use of alternative cover material, and failing to maintain a program to detect the disposal of PCB wastes. The OC&I ordered the Respondent to stop accepting hazardous waste and to submit a plan to locate and remove all hazardous waste from the facility. A closure plan consistent with federal regulations was also required. A penalty in the amount of $307,752.00 was assessed. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent negotiated a settlement of the NOV. The Respondent provided an engineering assessment relating to closure standards present at the landfill and a comparison with RCRA standards showing that the standards were substantially similar. Based upon the amount of material disposed and the conditions of disposal, the RIDEM agreed that harm/risk from the disposal would not be severe. Subsequently, removal or closure was not required. A consent agreement was executed wherein the Respondent agreed to a penalty in the amount of $184,956.00. The RIDEM agreed to a Supplemental Environmental Project (SEP) by the Respondent whereby the Respondent would assume the operations of a Household Hazardous Waste Collection Facility (ECO-Depot) currently administered by the RIDEM. The household hazardous waste collection operations must meet at least current standards of 11 collection days per year and be operated under this agreement for a period of at least 4 years. The cost of the SEP is estimated to be $384,538.00. RIDEM agreed to accept the cost of the SEP as offset for the penalty of $184,956.00. The Respondent commenced operation of the ECO-Depot in July 2001.

For General Information 222-6800 • After Hours Emergencies 222-3070 • Disclaimer