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 2008. 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 firstname.lastname@example.org. 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.
September 5, 2008 - OC&I/Multi Media- Site Remediation and Solid Waste/ File No. 2007-1482 SR re: Town of West Warwick for properties located at 145 Washington Street (formerly identified as 167 Washington Street) and Hay Street in the Town of West Warwick, otherwise identified as Assessor's Plat 6, Lot 482 and Plat 26, Lots 6 and 38. The Respondent is the owner of both properties. The Hay Street property is used as a material storage yard. In April 2006 Respondent notified RIDEM that a release of hazardous materials was discovered at the Washington Street property. In August 2007 RIDEM issued a Remedial Approval Letter to the Respondent approving a remedial action work plan for the Washington Street property. The work plan included the installation of a cap over a section of the contaminated soil onsite and the removal of the remaining soil for proper disposal at a licensed solid waste landfill. The OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases and the Rhode Island Refuse Disposal Act. The violation pertains to the unauthorized removal of contaminated soil from the Washington Street property and the deposition of the contaminated soil at the Hay Street property and the unauthorized removal of contaminated soil from the Hay Street property and the deposition of the contaminated soil at the Washington Street property. The violation also pertains to the unauthorized stockpiling of composted sludge from the Respondent's wastewater treatment facility at the Hay Street property and the mixing of street sweepings with the composted sludge. Following investigation and sampling of deposited soil at the Hay Street property, the OC&I determined that the soil was contaminated with hazardous materials (consisting of semi-volatile compounds also known as polycyclic aromatic hydrocarbons). In December 2007 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent for the release of hazardous materials (in the form of contaminated soil on the Hay Street property) and the disposal of solid waste (in the form of street sweepings and composted sludge on the Hay Street property). The NIE required the removal of all contaminated soil and solid waste to a licensed solid waste management facility. In January 2008 OC&I was informed by the Respondent's consultant that the contaminated soil was removed from the Hay Street property and transported to the Washington Street property. Further investigation revealed that several truckloads of contaminated soil was transported to the Washington Street property and graded and used as fill-the remaining contaminated soil and composted sludge mixed with street sweepings remained at the Hay Street property. OC&I estimated that approximately 1,130 cubic yards of composted sludge mixed with street sweepings was stockpiled over an area of approximately 8,180 square feet at the Hay Street property and that approximately 35 cubic yards of the material had been graded and used as fill. In March 2008 OC&I issued a second NIE to the Respondent. The Respondent did not comply with the NIEs. In the NOV, OC&I ordered the Respondent to cease the disposal of solid waste and hazardous materials at the properties and properly remove all solid waste and hazardous materials. OC&I assessed an administrative penalty of $11,718.00.
September 10, 2008 - OC&I/Multi Media-Oil Pollution, Solid Waste, Site Remediation, and Hazardous Waste/File No. SW 07-016 re: Torti Realty, Inc. for property located at the northwestern end of West Russe Street in the City of Cranston, otherwise identified as Assessor's Plat 6, Lot 3232. The property is owned by the Respondent. The OC&I alleges the Respondent is in violation of the RIDEM Oil Pollution Control Regulations, the Rhode Island Refuse Disposal Act, the RIDEM Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases, and the RIDEM Rules and Regulations for Hazardous Waste Management. The violations pertain to the following: unauthorized disposal of solid waste (in the form of used tires, abandoned trailer and dump truck containing mixed solid waste, abandoned cement mixer, damaged and discarded steel trench boxes containing mixed solid waste, and an empty steel fuel tank); soil contaminated with oil; improper storage of unlabeled containers holding used oil; and lack of proper spill control equipment. Inspections of the property by OC&I in February 2004 and March 2006 revealed the unauthorized disposal of solid waste. In June 2006 OC&I issued a Letter of Non-Compliance (LNC) to the Respondent. The LNC required that all solid waste be removed and properly disposed. The Respondent did not comply with the LNC. Inspections by OC&I in July 2006, September 2006, March 2007, and May 2008 revealed that solid waste was still disposed on the property. The inspections also revealed several containers of used oil that were unlabeled and improperly stored. None of the containers holding oil were on an impervious surface, except one 55-gallon container. Soil contaminated with oil was present around several of the containers and a 275-gallon tank. None of the containers holding oil were stored under a roofed structure and no spill control equipment was on site. In the NOV, OC&I ordered the Respondent to immediately cease the disposal of solid waste and discharge of oil to the land, label all containers holding used oil, ensure all containers holding used oil stored outside are placed on an impervious surface under a roofed structure, and maintain adequate spill control equipment and within 90 days complete the proper removal of all solid waste and oil contaminated soil. OC&I assessed an administrative penalty of $12,500.00.
September 12, 2008- OC&I/Water Pollution/File No. 2007 1064 WP and WP07-100 re: Richard and Grace Pariseault and Anthony Lombardi for property located at 40 Fresno Road in the City of Warwick, otherwise identified as Assessor's Plat 323, Lot 361. The property is owned by Richard and Grace Pariseault. The property includes a commercial building with one automotive business known as Airport Autobody. Anthony Lombardi is the owner of Airport Autobody. The OC&I alleges that the Respondents are in violation of the RIDEM Underground Injection Control Regulations. The violation pertains to the unauthorized discharge of fluids into a subsurface structure. In July 2007 and August 2007 OC&I performed inspections of the property. The inspections revealed that a floor drain was present in the building and that fluids associated with the automotive business were being discharged into the floor drain. OC&I determined that the floor drain did not discharge to the City of Warwick sewerage or storm systems. In September 2007 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondents. The NIE advised the Respondents that the floor drain is considered an underground injection control (UIC) system and that no approval was issued by RIDEM for the UIC system. The NIE required the Respondents to immediately cease the discharge of fluids to the UIC system and either obtain a permit for the UIC system or close the UIC system. The Respondents did not comply with the NIE. In the NOV, OC&I ordered the Respondents to take the same actions as required in the NIE. OC&I assessed an administrative penalty of $2,500.00.
September 12, 2008 - OC&I/Multi Media-Water Pollution and Air/File Nos. 2007 1393 WP, AIR 08-01, and WP 06-146 re: Senesco Marine, LLC. The subject facility is comprised of a Main Yard located at 10 MacNaught Street, a Maintenance Yard located at 33 Dillabur Avenue, and a Repair Yard located at 1390 Roger Williams Way, all in the Town of North Kingstown. The facility is on property inclusive of a pier owned by the Rhode Island Economic Development Corporation, leased from the Quonset Development Corporation, and operated by the Respondent. Respondent's operations at the facility include ship building and repair. The Respondent is authorized by RIDEM under a Rhode Island Pollutant Discharge Elimination System (RIPDES) permit issued in October 2006 to discharge storm water associated with industrial activity to Narragansett Bay. The Respondent submitted a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the permit that describes the actions the Respondent will take to prevent pollutants associated with the ship building and repair activity from discharging into Narragansett Bay through storm water runoff. The actions included containing sandblast debris, sweeping of the facility grounds, and obtaining a separate permit for power washing of vessels. The OC&I alleges that the Respondent is in violation of RIDEM Air Pollution Control Regulation No. 5 (Fugitive Dust) and No. 7 (Emission of Air Contaminants Detrimental to Person or Property), the Rhode Island Water Pollution Act, the RIDEM Water Quality Regulations, and the RIDEM Rules and Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertain to the following: emitting fugitive dust onto neighboring properties; discharging pollutants (in the form of sandblast debris and paint chips) into Narragansett Bay; discharging storm water containing suspended solid material into Narragansett Bay; and power washing vessels and discharging the water into Narragansett Bay. In May 2005 OC&I inspected the facility. The inspection revealed that fugitive dust was being emitted from the facility and traveling beyond the facility property. In August 2005 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent that required the Respondent to implement a plan to prevent fugitive dust from becoming airborne and traveling beyond the facility property. Inspections by OC&I in September 2007 and May 2008 revealed that fine grit material and fugitive dust, respectively, were being emitted from the facility and traveling beyond the facility property. In November 2007 and July-August 2008 OC&I received documents showing that reddish brown dust from the sandblasting of a large barge at the Repair Yard was being deposited over approximately 1 acre of Narragansett Bay and that water from the power washing of a large barge at the Repair Yard was discharging into Narragansett Bay. In January 2008 OC&I performed an inspection of the Main Yard during a heavy rain storm. The inspection revealed that storm water containing suspended solid material was discharged into Narragansett Bay in a concentration that violated the water quality standards (causing turbidity in Narragansett Bay). Inspection by OC&I in May 2008 revealed that dust and debris from a large barge that was being sandblasted at the Repair Yard were entering Narragansett Bay. Inspections by OC&I in August 2008 revealed that paint chips (approximately 2 inches in length) were dispersed along the entire length of Compass Rose Beach. OC&I determined that the paint chips originated from buildings within the Main Yard that were being power washed and painted by the Respondent. In addition, one of the inspections in August 2008 revealed that the Respondent lowered the dry dock at the Repair Yard into Narragansett Bay without first sweeping the dock of sandblasting grit. OC&I alleges in the NOV that all of the water pollution violations were the result of the Respondent's failure to comply with the RIPDES permit and SWPPP. In the NOV OC&I ordered the Respondent to take the following immediate actions: any and all actions to comply with the RIDEM regulations on fugitive dust and emissions; cease further submergence of the dry dock at the Repair Yard without having thoroughly swept the dry dock of sandblasting grit and debris; and cease further sandblasting and painting of vessels without proper containment to prevent pollutants from entering Narragansett Bay. The Respondent was also ordered to submit a revised SWPPP that achieves the general objective of controlling pollutants in storm water discharges associated with industrial activity, and submit a proposal to perform a detailed evaluation of the extent of sandblasting debris, paint chips, and other pollutants released to Narragansett Bay from the facility and the environmental impact that it poses to the benthic environment. The proposal also must evaluate the benefit/harm to sediment cleanup. OC&I assessed an administrative penalty of $85,000.00.
September 17, 2008 - OC&I/Hazardous Waste/File No. 2008-1717 HW re: R & R Polishing Co., Inc. for its facility operated at 37 Fletcher Avenue in the City of Cranston, otherwise identified as Assessor's Plat 12, Lot 417. OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Hazardous Waste Management and the Code of Federal Regulations. The violations pertain to the management of hazardous waste that is enforceable by the State of Rhode Island. In January 2008 OC&I performed an inspection at the facility. The inspection revealed the following violations: failure to properly label all hazardous waste containers held in storage; failure to keep hazardous containers closed; failure to provide secondary containment system for liquid hazardous waste containers; failure to conduct weekly inspections of hazardous waste containers in storage and document the results of the inspections; failure to provide adequate hazardous waste training to employees; failure to prepare a written contingency plan that would be used in the event of a fire, spill, or release of hazardous waste; failure to determine if wastes generated at the facility meet the definition of hazardous waste; inadequate spill control equipment; and failure to submit names of all agents authorized to sign uniform hazardous waste manifests. In the NOV, the OC&I ordered the Respondent to immediately affix proper labels on the containers, keep the containers closed, conduct weekly inspections, provide adequate means of spill control equipment; and provide the names and signatures of agents authorized to sign hazardous waste manifests and within 30 days complete proper employee training and submit a written contingency plan. OC&I assessed an administrative penalty of $22,500.00.
September 24, 2008 - OC&I/Water Pollution/File No. 2008 1937 and WP 08-40 re: Capitol Cove, LLC, Capital Properties, Inc. and Fleet Construction Co., Inc. for property located at 80 Smith Street in the City of Providence, otherwise identified as Assessor's Plat 4, Lots 261, 262, and 263. Capitol Cove, LLC is the owner of the property. Upon information and belief, Capital Properties Inc. entered into a 99 year lease agreement with Capitol Cove LLC to use the property and is presently engaged in developing the property for residential use. Fleet Construction Co., Inc. (Fleet) was contracted to perform site work associated with the development of the property. In January 2005 the Coastal Resources Management Council (CRMC) issued an Assent to Capitol Properties to construct residential/apartment buildings on the property and in February 2005 RIDEM issued a Water Quality Certificate to Capitol Properties for the project. The Assent and Water Quality Certificate prohibited the discharge of waste of any kind into waters of the State and the Water Quality Certificate prohibited any dewatering activities. The OC&I alleges that the Respondents are in violation of the Rhode Island Water Pollution Act and the RIDEM Water Quality Regulations. In March 2008 an OC&I inspector conducted an inspection of the property. The inspector was informed that employees for Fleet pumped water from a construction hole on the property into a "silt box" container to settle the soil and the water from the container was discharged via a pipe to the Moshassuck River. In April 2008 OC&I received information from a RIDEM employee and a RI Department of Health employee who witnessed the discharge. The information provided stated that the pipe discharged brownish water to the Moshassuck River that caused a heavy, gray color in the river that obscured the river bottom and that the gray color was evident ¼ mile downstream of the pipe. In April 2008 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondents advising the Respondents that OC&I was considering issuing a Notice of Violation and assessing a monetary penalty. In June 2008 OC&I met with representatives for Fleet and Capitol Cove, LLC to discuss the NIE. The Respondents agreed to investigate the matter and provided reports to OC&I as a follow up to the meeting. The Respondents provided reports to OC&I; however, the reports provided no credible explanation for the violation observed and failed to address the specific concerns raised by OC&I during the June meeting. In the NOV, OC&I assessed an administrative penalty of $25,000.00.
September 11, 2008 - OC&I/Water Pollution/File No. 07 - 03 re: Nicholas E. Cambio, Catapult Realty LLC, Commerce Park Associates LLC, Commerce Park Associates 1 LLC, Commerce Park Associates 2 LLC, Commerce Park Associates 4 LLC, Commerce Park Associates 6 LLC, Commerce Park Associates 8 LLC, Commerce Park Associates 9 LLC, Commerce Park Associates 16 LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, Commerce Park Realty LLC, Universal Properties Group Inc., and Universal Trucking and Equipment Leasing Inc. for an approximately 480 acre parcel of land located north of Interstate 95 in the Town of West Greenwich, west of Arnold Road and New London Turnpike in the Town of Coventry, east of Hopkins Hill Road in the Town of Coventry and south of King Street in the Town of Coventry (also known as "the Centre of New England"). The Respondents are owners of property within the Centre of New England or developers of property within the Centre of New England or both. On January 23, 2007 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rhode Island Water Pollution Act, the RIDEM Water Quality Regulations, the Rhode Island Freshwater Wetlands Act, and the RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to the discharge of storm water containing soil to waters of the State identified as Tiogue Lake, Little Tiogue Lake, Lake George, Rope Walk Pond, the stream tributary to Rope Walk Pond, Rope Walk Brook, and the stream tributary to Lake George in a concentration that caused turbidity to the State waters in violation of the State water quality standards and the deposition of sediment within the State waters. The violations were observed on the following dates: March 28, 2000, May 24, 2000, November 10, 2000, March 21, 2001, March 22, 2001, March 30, 2001, April 2, 2001, April 3, 2001, December 18, 2003, November 16, 2004, December 7, 2004, March 29, 2005, September 14, 2005, October 15, 2005, October 17, 2005, October 18, 2005, October 20, 2005, January 19, 2006, January 20, 2006, February 3, 2006, May 15, 2006, August 18, 2006, October 28, 2006, and October 30, 2006. As a result of the violations that OC&I documented from March 21, 2001 through April 3, 2001 DEM filed a complaint in Superior Court against Commerce Park Commons LLC, Catapult Realty LLC, Commerce Park Properties LLC, and Commerce Park Realty LLC. The Respondents performed extensive work on the parcels to install temporary erosion/sediment controls that was completed as of November 2001. The Respondents filed an application with the RIDEM for a Rhode Island Pollutant Discharge Elimination System ("RIPDES") permit for the Centre of New England. On May 5, 2003 RIDEM issued a RIPDES permit to Commerce Park Associates. The RIPDES permit authorized Commerce Park Associates to discharge storm water from the Centre of New England to the waters of the State in accordance with the conditions of the RIPDES permit. The RIPDES permit prohibited the discharge of storm water in concentrations that violated the State water quality standards. On September 7, 2004 RIDEM issued a freshwater wetland permit to Commerce Park Realty LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, and Commerce Park Associates 4 LLC to construct a mixed use commercial development along Centre of New England Boulevard within the Centre of New England. On November 30, 2004 RIDEM issued a freshwater wetland permit to Commerce Park Realty LLC, Commerce Park Commons LLC, Commerce Park Properties LLC, and Commerce Park Associates 8 LLC to construct a 311 unit condominium community within the Centre of New England. The freshwater wetland permits required the proper installation of erosion/sediment controls to control erosion and prevent soil transport into freshwater wetlands not subject to disturbance under the permits. The inspections performed by OC&I from December 18, 2003 through October 30, 2006 found that the Respondents failed to comply with the RIPDES permit and the freshwater wetland permits. In the NOV the Respondents were ordered to comply with the RIPDES permit and freshwater wetland permits, assess the impacts of sedimentation to the State waters, and restore the affected water bodies if required to do so by OC&I. OC&I assessed an administrative penalty in the amount of $430,000.00. The Respondents filed an appeal of the NOV with AAD. The Respondents undertook a number of actions to comply with the NOV. The Respondents submitted plans for the installation of erosion and sediment controls and plans to restore the affected freshwater wetlands and water bodies. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to complete all work on the erosion and sediment controls and restoration of affected freshwater wetlands within the Centre of New England within 30 days and agreed to restore the portion of Tiogue Lake known as Harrington Cove by March 2011 (which involves the excavation and removal of sediment deposits attributed to the Centre of New England development). The Respondents agreed to pay and administrative penalty of $328,000.00, comprised of a cash penalty of $103,000.00 and a Supplemental Environmental Project (SEP) at a total cost of $225,000.00. The cash penalty is to be paid over 2 years in installments. The first payment of $25,000.00 was paid upon execution of the Agreement. The SEP involves removal of sediment deposits in Lake George, Little Tiogue Lake, and the stream tributary to Lake George by March 2010.
September 23, 2008 - OC&I/Solid Waste/File No. 2007-1678 re: RPE Waste Services, LLC for property located at 9 New Kings Factory Road in the Town of Richmond, otherwise identified as Assessor's Plat 11A, Lot 2, unit 3. The Respondent operates a business related to rubbish removal at the property. On July 7, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rhode Island Refuse Disposal Act and RIDEM Solid Waste Regulation No. 1. The violation pertained to operating a solid waste management facility without a license. On 5 December 2007, the OC&I conducted an inspection of the property in response to a complaint. The inspection revealed that Respondent had constructed an earthen ramp at the rear of the facility. The ramp was being used by the Respondent to facilitate the transfer of solid waste from collection vehicles into solid waste roll off containers (transportation units). At the time of the inspection, the Respondent was observed dumping the trash into roll off containers and using other excavation equipment to transfer solid waste into containers. Operating a solid waste transfer station without a license is prohibited by law and regulation. In the NOV, the OC&I ordered the Respondent to cease operating a solid waste management facility and assessed an administrative penalty of $2,500.00. The Respondent filed an appeal of the NOV with the AAD. The Respondent complied with the ordered actions in the NOV. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay an administrative penalty of $2,000.00, which was paid upon execution of the Agreement.