April 2000 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of April 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 Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

April 5, 2000 - OC&I/UST File No. 99-01699 re: City of Providence and Providence Water Supply Board. The OC&I alleges that the Respondents violated certain sections of RIDEM's Underground Storage Tank ("UST") Regulations at its Philip J. Holton Purification Works on North Road in Scituate. OC&I alleges that the Respondents failed to provide corrosion protection upgrade for UST piping, failed to install spill containment basins and failed to install overfill protection. OC&I assessed a penalty in the amount of $9,154.00. The Respondents have appealed to the AAD.

April 5, 2000 - OC&I/UST File No. 00-3203 and 3238 re: Sanford Neuschatz, Kingston Hill Store, 2528 Kingstown Road, South Kingstown. The OC&I alleges that the Respondent failed to comply with sections of RIDEM's UST Regulations by failing to submit and implement a Corrective Action Plan designed to remediate contamination on site identified in a Site Investigation Report. OC&I assessed a penalty in the amount of $15,000.00. The Respondent has appealed the NOV to the AAD.

April 5, 2000 - OC&I/UST File No. 00-03241 re: Peter and Elizabeth Petteruti d/b/a Petteruti Service Center 329 Woonasquatucket Avenue, North Providence. The OC&I alleges that the Respondents violated certain sections of RIDEM's UST Regulations by failing to submit documentation of disposal of oil spill cleanup debris, failing to keep records pertaining to disposal of petroleum contaminated soil generated during UST closure, failing to comply with precision testing requirements and failing to comply with overfill protection requirements. OC&I assessed a penalty of $28,830.00. The Respondents have appealed the NOV to AAD.

April 12, 2000 - OC&I/WETLANDS File No. C99-0372 re: Bellecastle Realty Inc. and property located southwest of Old East Avenue and Greenwich Avenue (Route 5), Assessor's Plat 257, lot 10 in Warwick. The OC&I alleges the Respondent altered approximately 10,000 square feet of freshwater wetlands by placing fill into the wetland without first obtaining the necessary permit. The Respondent has already removed the fill from the wetland. The OC&I assessed a $2,000.00 penalty under the Freshwater Wetlands Act and is requiring additional restoration work on site.

April 17, 2000 - OC&I/UST File No. 99-01879 re: Fleet National Bank 125 Dupont Drive, Providence. The OC&I alleges that the Respondent violated certain sections of RIDEM's UST Regulations by failing to comply with corrosion protection upgrade requirements for UST facilities, failing to comply with spill containment requirements and failing to comply with overfill protection requirements. The OC&I assessed a penalty of $18,034.00.

April 17, 2000 - OC&I/UST File No. 00-02128 re: Claudio M. Mota and Carmelia Mota, d/b/a C.M.C., 943 Main Street, Warren. The OC&I alleges that the Respondent violated certain sections of RIDEM's UST Regulations by failing to comply with precision testing requirements and failing to comply with overfill protection requirements. The OC&I assessed a penalty of $8,370.00.

April 19, 2000 - OC&I/WATER File No. CI 1375 re: City of Cranston, Cranston Wastewater Treatment Facility. The OC&I alleges that construction crews working at the Respondent's Sherman Avenue Pump Station inadvertently left a gate valve open to a newly installed unsupported force main that should have been closed. Operation of the Pump Station resulted in the new force main to break causing 1.8 million gallons of partially treated sanitary sewage to discharge to Ralphs Pond and Meshanticut Brook, Class B waters of the State. The discharge took place from October 22, 1998 to October 24, 1998. Written submission of the incident was required within 5 days of October 22, 1998. The Respondent did not provide the written report until December 2, 1998. OC&I cited the Respondent for violating the Water Pollution Act, violations of the RIDEM's Water Quality Regulations and violations of the R.I. Pollutant Discharge Elimination System Regulations. OC&I assessed a penalty of $25,000.00.

April 19, 2000 - OC&I/WATER File No. CI 1376 re: Town of Bristol, Bristol Wastewater Treatment Facility. The OC&I alleges that the Respondent discharged approximately 700,000 gallons of wastewater into Bristol Harbor, a Class SB 1 water of the State, without proper chlorine disinfection. The OC&I further alleges that the Respondent did not inform RIDEM of the release within 24 hours as required and did not install a high and low level chlorine alarm at its facility as required by RIDEM's Order of Approval No. 1259. OC&I cited the Respondent for violating the Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's R.I. Pollution Discharge Elimination System Regulations. OC&I assessed a penalty of $25,000.00.

April 19, 2000 - OC&I/WATER File No. CI 99-210 re: Ocean State Fisheries, Inc. and F/V Ocean State. The OC&I alleges that on October 23, 1999, based upon observations made by RIDEM Conservation Officers as compared with the logbook of the vessel, the F/V Ocean State dumped 6000-7000 gallons of fish waste into Class SA waters of the State. The dumping took place without first obtaining a permit to dispose of the fish waste and wastewater within State of Rhode Island jurisdictional waters. The OC&I cited the Respondent with violating the Water Pollution Act and RIDEM's Water Quality Regulations. OC&I assessed a penalty of $2,500.00.

Formal Enforcement Cases - Settled or Resolved

April 12, 2000 - OC&I/UST No. 99-02292A re: Mark Bakerly and US Petroleum of Rhode Island, Inc. and Petroleum Tech, Inc. 325 Taunton Avenue, East Providence. The OC&I issued a NOV to the Respondents on September 23, 1999 alleging violations of RIDEM's UST Regulations. OC&I's assessed penalty for these violations was $27,590.00 The Respondent and OC&I executed a consent agreement resulting in a penalty of $15,092.00 and agreement that the respondent will submit a Site Investigation Report and Corrective Action Plan to resolve a release of gasoline from the facility.

April 21, 2000 - OC&I/WATER File No. CI 1342 re: City of East Providence Wastewater Treatment Facility. The OC&I issued a NOV to the Respondent on December 29, 1998 alleging violations of the Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System and RIDEM's Regulations pertaining to the Operation and Maintenance of Wastewater Treatment Facilities. The violations related to numerous bypasses of partially treated sewage and rain water over flowing from the Watchemoket, Wannamoisett Road, and Merritt Road Pumping Stations. The bypasses resulted in partially treated sewage in amounts from over tens of thousands of gallons to multiple millions of gallons entering waters of the State. State waters included the Providence River, Orange Juice Creek and Mosskettuash Brook. The OC&I assessed a penalty of $143,500.00 and ordered corrective action. The Respondent and OC&I executed a consent agreement whereby the Respondent will carry out necessary studies to evaluate the capacity of its system, and take appropriate action to correct problems and prevent continued bypasses. The Respondent further agreed to undertake a Supplemental Environmental Project estimated to cost $155,000.00 and to pay a cash penalty in the amount of $25,000.00.

April 25, 2000 - OC&I/ISDS File No. CI 91-185 re: Commercial Realty property located at 216 Buttonwoods Avenue, Warwick. The RIDEM issued a NOV to the Respondent on June 13, 1991 and again on December 18, 1991 for discharging sewage from a failed septic system. RIDEM assessed a penalty of $5,000.00. The Respondent repaired the failed system in April 1993 but did not pay the assessed penalty. In lieu of proceeding to Superior Court, the Respondent paid the assessed penalty of $5,000.00 in full.