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Home > Programs > Bureau of Environmental Protection > Office of Compliance and Inspection > Enforcement Summaries > September 2004 Summary

 
September 2004 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 September 2004. 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 22, 2004 - OC&I/RCRA File No. 04-039 re: Mario's Jewelry Contractor for property located at 50 Valley Street, Assessor's Plat 35, Lot 573 in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Regulations"). The violation pertains to the Respondent's failure to determine if wastes generated at the facility meet the definition of hazardous waste under the Regulations. The Respondent was advised of its obligation to comply with the Regulations both at an inspection of the facility on February 23, 2004 and in a Letter of Non-Compliance issued to the Respondent on May 6, 2004. Despite actual notice to the Respondent, the Respondent has yet to comply. In the NOV, the Respondent was ordered to determine, through laboratory analysis, whether wastes generated at the facility meet the definition of hazardous waste, and if so, to manage the hazardous waste in compliance with the Regulations. An administrative penalty in the amount of $2,912.00 was assessed in the NOV.

September 22, 2004 - OC&I/UST File No. 04-02650 re: Earle's Service Station, Inc. for property located at 35 Meetinghouse Lane, Assessor's Plat 20, Lot 14 in the Town of Little Compton. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondent has 2 USTs at the facility, both of which are 4,000 gallons in size and both store gasoline. The violations pertain to Respondent's failure to compile monthly inventory reconciliation records for its UST systems from May 2001 through May 2004, failure to procure the services of a licensed precision tester to perform line tightness testing for its USTs during the years 2001, 2002 and 2003, failure to perform monthly testing of the UST continuous monitoring system ("CMS") from May 2001 through May 2004, failure to procure the services of a qualified person to perform annual certification/testing of the CMS during the years 2001, 2002 and 2003, failure to maintain the spill containment basin for one of its USTs free of liquids or solid debris and failure to maintain a groundwater monitoring well at the facility as required under the UST Regulations. The Respondent was ordered to document compliance with the UST Regulations for all violations cited in the NOV within 30 days of receipt of the NOV. A penalty in the amount of $10,547.00 was assessed against the Respondent for the alleged violations.

September 22, 2004 - OC&I/ UST File No. 04-00744 re: Fatima Realty, Inc. and Tariq Mahmud d/b/a 6-11 Express for property located at 119 East Main Street, Assessor's Plat 18, Lot 192 in the Town of West Warwick. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations The Respondents have 3 USTs at the facility consisting of a 10,000 gallon and 6,000 gallon gasoline UST and a 4,000 gallon diesel UST. On May 20, 2004, the OC&I conducted a compliance monitoring inspection of the facility and found that the Respondents were in non-compliance with the UST Regulations. The violations pertain to Respondents' failure to procure the services of a qualified cathodic protection tester to perform testing of the sacrificial anode cathodic protection systems for its USTs during the years 2000 and 2003, failure to maintain inventory control records for its USTs from May 2001 through May 2004, failure to install and operate a continuous annular or interstitial space electronic monitoring system for the product piping for their USTs, failure to perform monthly testing of its CMS from May 2001 through May 2004, failure to procure the services of a qualified person to perform annual testing of the CMS during the years 1999, 2000, 2002 and 2003, failure to maintain the spill containment basins free of water, product and debris, failure to maintain the piping collection sumps free of water and debris, and failure to upgrade or retrofit the tank pad observation wells to comply with construction requirements of the UST Regulations. In the NOV, the Respondent was ordered to clean and evacuate the piping collection sumps and spill containment basins for its USTs within ten days of receipt of the NOV and otherwise document compliance with the UST Regulations for all other violations cited in the NOV within 30 days of receipt of the NOV. A penalty in the amount of $14,017.00 was assessed against the Respondents for the alleged violations.

September 22, 2004 - OC&I/ UST File No. 04-01520 re: Robert J. Bush and La Salle Mobil, Inc. d/b/a LaSalle Service Center for property located at 1055 Smith Street, Assessor's Plat 85, Lot 197 in the City of Providence. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations The Respondents have 4 USTs at the facility consisting of a 10,000 gallon and two 6,000 gallon gasoline USTs and a 1,000 gallon waste oil UST. On April 19, 2004, the OC&I conducted a compliance monitoring inspection of the facility and found that the Respondents were in non-compliance with the UST Regulations. The violations pertain to Respondents' failure to maintain inventory control records for its gasoline USTs from April 2001 through March 2004, failure to procure the services of a qualified person to perform annual testing of the line leak detectors for its gasoline USTs during the years 1998 through 2003, failure to perform monthly testing of the CMS and automatic tank gauging system ("ATG") from April 2001 through April 2004, failure to procure the services of a qualified person to perform annual testing of the CMS from 1998 through 2003, failure to procure the services of a qualified person to perform annual testing of the CMS and ATG during the years 1998, 1999, 2000 and 2002, failure to maintain the spill containment basins and submersible turbine pump containment sumps for its gasoline USTs by keeping them free of liquids and solid debris, and failure to modify the tank pad observations wells to meet construction requirements of the UST Regulations. In addition, the inspection determined that the ATG was displaying a "leak alarm" and a "sudden loss alarm" for the 10,000-gallon gasoline UST and that the ATG indicated that the UST had failed the most recent 0.2-gallon per hour leak test. The inspection determined that the Respondents failed to report these release detection signals to the RIDEM. The OC&I inspector also found that the Respondents had deactivated the CMS and had failed to report this deactivation to RIDEM. The inspector found that the cable for the piping containment trench sensor had been severed and that the CMS console was apparently disabled. In the NOV, the Respondent was ordered to repair and reactivate all required leak detection equipment, submit a written report detailing investigation results of the leak detection signals, clean and evacuate all spill containment basins and sumps, meet all construction requirements for the tank pad observation wells and document current compliance with all UST Regulations cited in the NOV. In the event that the CMS cannot be repaired and reactivated within the specified time period, the USTs are to be temporarily closed. A penalty in the amount of $24,896.00 was assessed against the Respondents for the alleged violations.

Formal Enforcement Cases Settled or Resolved:

September 7, 2004 - OC&I/Septic System File No. CI01-165 re: Peter Catauro for property located at 81 Whipple Road, Assessor's Plat 42, Lot 65A in the Town of Smithfield. The property includes a single-family dwelling. On August 22, 2003 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to the construction of a septic system at the property in noncompliance with the permit that was issued by RIDEM. The Respondent was a licensed septic system installer at the time of the alleged violation. As a licensed installer the Respondent was responsible for ensuring that the system was inspected by RIDEM and for submitting a certificate of construction (COC) to RIDEM. The Respondent failed to comply with these requirements. In the NOV the Respondent was ordered to retain a licensed designer to inspect the septic system to determine if the system was constructed in accordance with the permit and submit a COC to RIDEM or submit a report to RIDEM with recommendations on the actions necessary to repair the system so that a COC can be issued. OC&I assessed a penalty in the amount of $800.00. The Respondent appealed the NOV to AAD. Prior to a hearing on the NOV, the Respondent retained a licensed designer to inspect the ISDS. The inspection showed that a repair to the ISDS was required to comply with the regulations. The Respondent executed a Consent Agreement with OC&I to resolve the NOV. The Respondent agreed to retain a licensed designer to repair the ISDS. OC&I agreed to waive the penalty that was assessed due to the hardship being caused to an innocent party (the property owners).

September 8, 2004 - OC&I/Septic System File No. CI98-212 re: Richard and Cynthia Sylvia for property located at 2 Jambray Avenue, Assessor's Plat 262, Lot 273 in the City of Warwick. The property includes a single-family dwelling. On October 28, 2003 OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the dwelling. In the NOV OC&I ordered the Respondents to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system, and have the system evaluated and repaired if necessary. OC&I assessed a penalty in the amount of $2,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondents repaired the failed septic system, which was conformed by RIDEM on August 17, 2004, and executed a Consent Agreement with OC&I to resolve the NOV. The Respondents agreed to pay a reduced penalty of $1,000.00 in monthly installments of $100.00.

September 13, 2004 - OC&I/UST File No. 04-00685 and RCRA File No. 04-033 re: Textron, Inc. for property located at 566 Airport Road, Assessor's Plat 321, Lot 4, in the City of Warwick. On April 7, 2004, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and the Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"). The UST violations pertained to the Respondent's failure to perform testing of the UST impressed current cathodic protection system at least once every 60 days, failing to meet inventory record keeping requirements for UST systems, failing to conduct monthly and annual testing of the continuous monitoring system ("CMS") and failing to meet record keeping requirements for testing of the CMS. The Hazardous Waste violations pertained to the Respondent's failure to determine if waste generated onsite meets the definition of a hazardous waste and failing to submit to the RIDEM a list of names and signatures of agents who are authorized by the company to sign its Uniform Hazardous Waste Manifests. The Respondent was ordered in the NOV to achieve compliance with the UST and Hazardous Waste Regulations within 30 days of receipt of the NOV. A penalty in the amount of $10,736.00 was assessed in the NOV. The Respondent did not file an appeal of the NOV with the AAD. Prior to proceeding to Superior Court to enforce the final agency order, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent had already achieved compliance with the UST and Hazardous Waste Regulations in compliance with the order portion of the NOV. For settlement purposes, the penalty was reduced to $8,440.00. The Respondent paid the penalty in full upon execution of the Consent Agreement.

September 16, 2004 - OC&I/UST File No. 04-03357 re: Greenwich Bay Marina, Inc. located at One Masthead Drive, Assessor's Plat 366, lot 4 in the City of Warwick. On February 2, 2004, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials, ("the UST Regulations"). The violations pertained to inventory record keeping requirements, annual testing of line leak detectors, monthly and annual testing of UST continuous monitoring systems and maintenance of test records. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $10,665.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent achieved compliance with the order portion of the NOV and the UST Regulations. For settlement purposes, the Respondent agreed to a penalty in the amount of $9,015.00. RIDEM agreed to allow $5,000.00 of the penalty to be offset in the form of a Supplemental Environmental Project ("SEP"). The SEP consists of an environmental audit to be conducted by the Respondent. The audit is due by October 15, 2004 and any and all regulatory violations identified in the audit must be corrected no later than December 15, 2004. The Respondent was required to pay a cash penalty component of $4,015.00 upon execution of the Consent Agreement.

September 17, 2004 - OC&I/Septic System File No. CI98-100 re: Wayne and Margaret Reynolds for property located at 25 Parker Street, Assessor's Plat 45, Lot 63 in the Town of Coventry. The property includes a single-family dwelling. On October 24, 2003 OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violations pertained to the discharge of sewage to the surface of the ground and onto Parker Street from the septic system for the dwelling and the failure to maintain the septic system in good working order. In the NOV OC&I ordered the Respondents to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system, and have the system evaluated and repaired if necessary. OC&I assessed a penalty in the amount of $2,000.00. The Respondents appealed the NOV to AAD. The Respondents repaired the failed septic system, which was conformed by RIDEM on September 9, 2004. Prior to a hearing on the NOV, the Respondents provided documents to OC&I to demonstrate a financial inability to pay the administrative penalty. OC&I was satisfied that the Respondents demonstrated an inability to pay the penalty and executed a Consent Agreement with the Respondents to waive the penalty.

September 17, 2004-OC&I/Water Pollution File No. WP/03-01 and Freshwater Wetlands File No. C02-0353 re: Rhode Island Airport Corporation for properties located in three separate areas. The first area is located 50 feet south of Airport Road, at the gravel Service Road on T.F. Green Airport, approximately 440 feet southwest of the intersection of Airport Road and Loveday Street, Assessor's Plat 321, Lot 4, in the City of Warwick (Area I). The second area is located approximately 300 feet north of Airport Road, approximately 450 feet northwest of the intersection of Airport Road and Loveday Street, Assessor's Plat 312, Lot 10, in the City of Warwick (Area II). The third area is located on T.F Green Airport, Assessor's Plat 321, Lot 4, in the City of Warwick (Area III) (collectively, the "Properties"). The Properties are owned by the Rhode Island Department of Transportation and are leased by the Respondent. On September 24, 2003 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Water Pollution Act, the Freshwater Wetlands Act, Rhode Island's Clean Air Act, the Water Quality Regulations, the Freshwater Wetland Regulations, and the Air Pollution Control Regulations. The violation in Area I pertained to the excavation, filling, grading, and clearing of freshwater wetlands associated with the construction of a stormwater drainage outfall pipe in August 2002. This activity resulted in the alteration of approximately 150 square feet of a Stream (Buckeye Brook), 4,150 square feet of a Swamp, and 2,800 square feet of Perimeter Wetland and Riverbank Wetland associated with the Swamp and Buckeye Brook. The violation in Area II pertained to clearing, filling, and creating soil disturbance in freshwater wetlands associated with runway approach maintenance activity in February 2003. This activity resulted in the alteration of approximately 10,500 square feet of Riverbank Wetland associated with Buckeye Brook. The violation in Area III pertained to the release of glycol associated with de-icing of airplanes and runways from the storm drainage outfalls on T.F. Green Airport to Buckeye Brook and tributaries of Buckeye Brook in February-April 2003. This activity resulted in the creation of nuisance odors, foam, and discoloration in Buckeye Brook and tributaries associated with Buckeye Brook. In the NOV OC&I ordered the Respondent to submit plans to RIDEM to resolve the alterations in Area I, restore the freshwater wetlands in Area II by replanting with trees and shrubs, and comply with the RIPDES Stormwater Permit upon issuance by RIDEM to resolve the glycol discharge violations in Area III. OC&I assessed a penalty of $1,800.00 for the freshwater wetland alterations in Area I and $800.00 for the freshwater wetland alterations in Area II. No penalty was assessed for the glycol discharges in Area III including the resulting odors. The Respondent appealed the NOV to AAD. Prior to a hearing on the NOV, the Respondent executed a Consent Agreement with OC&I to resolve the NOV. The Respondent agreed to restore the altered freshwater wetlands in Areas I and II and agreed to undertake all required actions necessary to obtain the RIPDES Stormwater Permit. The Respondent also agreed to pay the full penalty of $2,600.00. The penalty was paid upon execution of the Consent Agreement.

September 17, 2004 - OC&I/Septic System File No. CI 97- 6 re: Charles & Anne German for property located at 507 Post Road, Assessor's Plat 289, Lot 485 in the city of Warwick. The Property includes a single-family rental dwelling. On June 21, 2004 OC&I issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. In the NOV the Respondents were ordered to cease the discharge of sewage and connect the sewerage system for the Property to the public sewerage system. OC&I assessed a penalty in the amount of $1,400.00. The Respondents appealed the NOV to AAD. Prior to the hearing on the NOV, the Respondents provided documents to OC&I showing that the Respondents connected to the City of Warwick sewerage system to repair the failed septic system six (6) months before the NOV was issued. OC&I was satisfied that the Respondents demonstrated that they made all reasonable efforts to correct the violation and executed a Consent Agreement with the Respondents to waive the penalty.

September 23, 2004 - OC&I/Septic System File No. D3005 re: Craig Carrigan for ISDS designs and/or installations prepared and/or overseen as a licensed ISDS designer. On November 24, 2003 OC&I issued an NOV and Suspension of License to the Respondent alleging that the Respondent violated Rhode Island General Law Sections 5-56.1-8, 42-17.1-2(u) and 42-17.6-3 and the ISDS Regulations. The violations pertained to RIDEM review of 27 separate ISDS applications submitted by the Respondent that revealed a pattern of gross or repeating negligence, incompetence, or misconduct in an application or design of an ISDS and the inspection of the construction of an ISDS. These violations included failure to provide all pertinent information on the application form, failure to submit basic design data, failure to obtain a freshwater wetlands permit, failure to design ISDS in accordance with approved groundwater depth, and failure to properly oversee construction of an ISDS. The findings of RIDEM review of the ISDS applications were presented to the ISDS Designer Licensing Review Panel (Panel). The Panel is composed of 5 members who have expertise in ISDS issues and who are not employed by RIDEM. The Panel is appointed by the Director to review the actions of licensed designers and make recommendations to RIDEM on whether a designer's license should be suspended or revoked and the length of time for the suspension or revocation. The Panel recommended to RIDEM that the Respondent's License #D3005 be suspended for 60 days. On November 4, 2002 RIDEM issued to the Respondent a Notice of Intent to Suspend or Revoke the Respondent's License. The Respondent failed to show cause why RIDEM should not suspend or revoke his License #D3005. In the NOV OC&I ordered that the Respondent's license be suspended for a period of 60 days and assessed a penalty of $4,600.00. The Respondent appealed the NOV to AAD. Prior to a hearing on the NOV, the Respondent executed a Consent Agreement with OC&I to resolve the NOV. The suspension of the Respondent's license for 60 days was dropped. The Respondent agreed to pay the $4,600.00 penalty in full. The penalty was paid upon execution of the Consent Agreement.

September 24, 2004 - OC&I/AIR File No. 03-04NOV re: Smithfield Peat Co., Inc. and Smithfield Crushing Co., LLC for operations located at 295 Washington Highway in the Town of Smithfield. On September 4, 2003, the OC&I issued a NOV to the Respondents alleging that the Respondents violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulations. The violations pertained to Respondents' failure to obtain a permit to install and operate their diesel-fired internal combustion engines ("generators") for their grinding, mulching and crushing operations located on the property. The violations are alleged to have taken place from June 1996 until September 2002. In September 2002, RIDEM's Office of Air Resources issued a permit to Respondent Smithfield Peat Co., Inc. authorizing the installation and operation of its existing generators for operations at the property. A penalty in the amount of $45,797.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. As part of the settlement in this matter, the OC&I agreed to consider actual rather than potential nitrous oxide emissions from the Respondents' generators based on information provided by the Respondents. In addition, OC&I took into consideration that the permit approvals issued by the Office of Air Resources did not require the Respondents to significantly alter the operation of the generators differently than how they were operated prior to OAR issuing a permit for the generators. For settlement purposes, OC&I agreed to a reduced penalty in the amount of $15,000.00. The OC&I further agreed to allow the penalty to be paid in installments with $5,000.00 being paid upon execution of the Consent Agreement and the remaining $10,000.00 to be paid within 90 days of execution of the Consent Agreement.

September 27, 2004 - OC&I/RCRA File No. 03-035 re: Northland Environmental Inc. for property located at 275 Allens Avenue in the City of Providence. On July 9, 2004, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Hazardous Waste Management Regulations. The Respondent has a permit from the RIDEM to operate a hazardous waste Treatment, Storage and Disposal Facility at the property. The violations pertain to the Respondents' failure to comply with Rule 9.21 and 5.03 relating to the requirement that the owner and operator of a facility that initiates a shipment of hazardous waste complete the generator section of the Uniform Hazardous Waste Manifest for the shipment, Respondent's failure to comply with Rule 9.18B and Permit Condition 34 relating to the labeling of all containers holding hazardous waste in accordance with Rule 5.04, Respondent's failure to comply with Rule 9.18A and Permit Condition 34 relating to the requirement that hazardous waste stored in a container that is in poor condition be transferred to a container of good condition and Respondent's failure to comply with Rule 9.23 and Permit Section 4.30 relating to the requirement that Respondent store flammable hazardous waste located in the Upper Warehouse of 275 Allens Avenue only in the "Flammable/Water Reactive Storage Area". The OC&I assessed a penalty in the amount of $12,500.00 for Respondent's non-compliance. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent achieved compliance with the issues identified in the NOV. For settlement purposes and information presented by the Respondent, OC&I agreed to a reduced penalty of $8,000.00. The penalty has been paid in full.

September 27, 2004 - OC&I/UST File No. 03-00851 re: General Oil Co., Inc. and The Tyree Organization, Ltd. for property located at 208 Gansett Avenue, Assessor's Plat 6, Lot 2410 in the City of Cranston. On October 7, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the Respondents' substantial modification of their registered UST facility without prior written notification to and approval by the Director and their failure to submit a Certificate of Installation or Modification of UST form and other documentation pertaining to facility modifications and maintenance of the documentation. In the NOV, the OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed a penalty in the amount of $7,500.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance with the UST Regulations and showed OC&I that they were in compliance with some portions of the UST Regulations that were cited in the NOV. A penalty of $3,500.00 was agreed to in the Consent Agreement and was paid upon execution.

September 27, 2004 - OC&I/AIR File No. 04-05 re: Arlon, Inc. for property located at 199 Amaral Street in the City of East Providence. The Respondent operates a facility at the property that is considered to be a major stationary source of air pollutants subject to federal and Rhode Island Air Pollution Control ("APC") Regulations. On August 17, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated APC Regulation No. 29, "Operating Permits" and specifically Section 29.4.6 relating to the Respondent's failure to comply with the terms of the Office of Air Resources ("OAR") Operating Permit No. RI-10-01 R1 issued to the Respondent. Section II, Conditions II.X and II.A.A.2 of the Operating Permit required that the Respondent submit to the RIDEM OAR an Annual Compliance Certification and Semi-Annual Monitoring Reports. The Respondent failed to submit the required certification and monitoring reports for 2003. Following issuance of a Notice of Alleged Violations by the OAR on April 20, 2004, the Respondent submitted the required reports on May 17, 2004. In the NOV, the OC&I assessed a penalty of $1,500.00 for the Respondent's non-compliance. The Respondent paid the penalty in full to resolve the enforcement action.

September 30, 2004 - OC&I/UST File No. 04-03699 re: Cumberland Farms, Inc. for property located at 3400 Mendon Road, Assessor's Plat 54, Lot 587 in the Town of Cumberland. On March 31, 2004, the OC&I issued a NOV alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to annual testing requirements for UST leak detection equipment and maintenance of test records for two USTs at the facility. Testing of line leak detectors should have taken place in 1996 and 1999. Annual testing of the UST's continuous monitoring system should have taken place in 1996, 1997 and 1999. A release of gasoline has taken place at the facility and the Respondent has filed a Compliance Application with the Rhode Island underground Storage Tank Financial Responsibility Fund Review Board to assist in clean up of the property. Remediation activities are underway at the property. OC&I assessed a penalty in the amount of $4,115.00 for Respondent's past non-compliance with the UST Regulations. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent was able to show the OC&I that it was in compliance with a portion of the UST Regulations cited in the NOV and documented that it was in compliance with the UST Regulations following issuance of the NOV. The parties agreed to a penalty in the amount of $1,748.00. The penalty was paid upon execution of the Consent Agreement.

September 27, 2004 - OC&I/Wetlands File No. C00-0412 re: Roger Passano and Claire Passano for property located immediately northeast of the terminus of Sulyma Street and Brook Street, immediately northwest of house number 36, Assessor's Plat 54, Lot 216, and a portion of Sulyma Street (paper) in the Town of Cumberland. On May 2, 2003 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the unauthorized alteration of 2,280 square feet of Forested Wetland and Area Subject to Storm flowage by clearing, filling, excavating, and grading. The Respondents had previously altered the wetland areas in May 1997, but restored the wetlands in April 1998 after OC&I issued the Respondents a Notice of Intent to Enforce. The Respondents applied to RIDEM for a permit to alter the wetlands on the property in May 1998; however, the Respondents did not follow through with the application process and proceeded to conduct new wetland alterations without a permit. OC&I ordered the Respondents to restore the freshwater wetlands and assessed an administrative penalty of $2,000.00. The Respondents filed an appeal of the NOV with AAD. The hearing was held on July 19, 2004. Prior to commencement of the hearing, the Respondent Roger Passano and OC&I reached an agreement to resolve the NOV. Counsel for OC&I read the terms of the agreement into the record. Respondent Roger Passano assented to the terms on the record. Following the hearing and recommended decision from the AAD, the Director issued a Final Agency Order on September 27, 2004. The Final Agency Order requires the Respondent to restore the altered freshwater wetlands and pay a reduced administrative penalty of $500.00.

Superior Court Actions Issued:

September 2, 2004 - Superior Court Case No. C.A. No. PC04-4802 re: Plaintiff Frederick J. Vincent, Director, RIDEM vs. Defendant John J. Iannotti, d/b/a Smithfield Service Station. The property is located at 161 Farnum Pike, Assessor's Plat 51, Lot 123 in the Town of Smithfield. A gasoline service station is present on the property with a UST registration number of 03065. On or about March 12, 1996, RIDEM issued a NOV to the Defendant alleging that the Defendant was in violation of the UST Regulations. The violations pertained to Defendant's failure to perform and submit verification of precision tests for 3 USTs for the years 1990, 1993, and 1995 and for one UST from 1986 through 1995. In addition, the Defendant failed to install and submit written verification of the installation of overfill protection for 4 USTs at the facility. In the NOV, the RIDEM revoked the facility's certificate of registration and ordered the Respondent to close all UST systems located at the facility in accordance with the UST Regulations. Alternatively, the Defendant could request re-instatement of its certificate of registration provided he showed RIDEM that the facility had achieved full compliance with the UST Regulations and that all past due registration fees were paid in full. A penalty in the amount of $44,235.00 was assessed in the NOV. The Defendant failed to file an appeal of the NOV with the AAD. By operation of law, the NOV became effective as a final agency compliance order. On January 6, 1999 all USTs were removed and permanently closed at the property. A release of petroleum product was detected during the removal of the USTs. A UST Closure Assessment Report prepared on behalf of the Respondent revealed that one of the USTs had three ¼ inch holes in the bottom, extensive visual and olfactory evidence of a release was present from beneath the USTs, field screening of soil samples showed elevated levels of VOCs, laboratory analysis of soil samples from within the excavations showed methyl tertiary-butyl ether (MTBE) concentrations above acceptable GA Soil Leachability Criteria, concentrations of total petroleum hydrocarbons above the GA Soil Leachability Criteria were encountered, and groundwater in the vicinity of the UST closure had evidence of contamination. The UST Closure Assessment recommended that a Site Investigation Report ("SIR") be completed to delineate the extent of the release. On January 14, 2000, RIDEM required the Defendant to conduct a SIR on or before April 14, 2000. The Defendant failed to conduct the SIR. In the complaint, the RIDEM has petitioned the Superior Court to require the Defendant to immediately take all necessary actions to bring the former facility into compliance with the UST Regulations, retain a qualified environmental consultant to prepare a SIR and at the direction of RIDEM, a Corrective Action Plan ("CAP"), to pay to the RIDEM the administrative penalty of $44,235.00 along with all past due registration fees and such other relief that the Court deems just and equitable.

September 30, 2004 - Superior Court Case No. C.A. No. PC04 - 5302 re: Plaintiff Frederick J. Vincent, Director, RIDEM vs. Defendants Carmine Groccia and Charlie's Mobile. 02160 The property is located at 247 Ashaway Road, Assessor's Plat 23, Lot 48 in the Town of Hopkinton. On August 29, 2002 the OC&I issued a NOV to the Defendants alleging that the Defendants violated multiple sections of RIDEM's UST Regulations. The violations pertained to a failure to operate and maintain UST systems in compliance with national codes of practice, failure to conduct annual testing of the leak detection continuous monitoring system ("CMS") and line leak detectors, failure to conduct monthly testing of the CMS, modification to the UST facility without RIDEM approval, failure to install leak monitors within piping collection sumps, failure to install groundwater monitoring wells and failure to maintain daily written inventory and reconciliation records. The Defendants were advised of their obligation to comply with the UST Regulations by letter dated 20 October 2000. That letter outlined multiple violations at the facility that required correction. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $35,211.00. The Defendants failed to request a hearing on the NOV. By operation of law, the NOV became a final agency compliance order. In the complaint, the RIDEM has petitioned the Superior Court to order the Defendants to immediately take all necessary actions to bring the facility into compliance with the UST Regulations, submit all necessary applications, plans, fees and other materials and information necessary to comply with the NOV, remit the administrative penalty of $35,211.00 and such other relief that the Superior Court deems just and equitable.

September 30, 2004 - Superior Court Case No. C.A. No. PC04 - 5303 re: Plaintiff Frederick J. Vincent, Director, RIDEM vs. Defendant David A. Loffredo d/b/a Rt. 44 Sunoco. The property is located at 270 Putnam Pike, Assessor's Plat 35, Lot 1A in the Town of Smithfield. On November 9, 2001 the OC&I issued a NOV alleging that the Defendant violated multiple sections of RIDEM's UST Regulations. The violations pertained to unregistered USTs, failing to maintain and operate USTs in compliance with national codes, failing to provide corrosion protection, failing to conduct precision testing, failing to conduct line tightness testing, failing to perform annual testing of line leak detectors, failing to conduct monthly and annual testing of the continuous monitoring system, failing to report a malfunction of the CMS, failing to install spill containment basins, failing to provide overfill protection, failing to label UST fill pipes, abandonment of UST systems and failing to meet operational survey requirements for cathodic protection systems. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $81,550.00. The Defendant filed an appeal of the NOV with the AAD. The matter came before the AAD for the purpose of a Pre-hearing Conference. The Defendant failed to appear and on December 26, 2002 a Conditional Order of Default was issued against the Defendant. The Defendant failed to show good cause that relief from the Conditional Order of Default should be granted and failed to show good cause why a Final Order of Default should not be entered. On January 13, 2003, the Director issued a Final Agency Order against the Defendant requiring the Defendant to comply with the NOV. The Defendant failed to comply with the Final Agency Order. In the complaint, RIDEM petitioned the Superior Court to order the Defendant to submit all necessary applications, plans, fees and other materials and information necessary to comply with UST Regulations, take all necessary actions to comply with the orders set forth in the NOV, submit a permanent closure application to RIDEM, complete the closure of all USTs, and submit a Closure Assessment. In the event that the Closure Assessment uncovers a release, then RIDEM requests that the Court order the Defendant to submit a Site Investigation Report and, if necessary, a Corrective Action Plan. The petition also requested the Court to order the Defendant to remit the administrative penalty of $81,550.00 and to order such other relief, as the Court deems just and equitable.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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