April 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 April 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 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 3, 2001 - OC& I/License No. L0973 Septic System File No. CI00-94 re: DuBreuil, Daniel for property located at 38 Massachusetts Avenue, Assessor's Plat 21, Lot 149 in the Town of Cumberland. The OC & I alleges that the Respondent violated Rhode Island General Laws, Section 5-56-7 relating to requirements for licensed septic system installers and Section SD 2.01(a) of the Rules and Regulations Establishing Minimum Standards relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violations pertain to altering and repairing an existing septic system without approval from the Director. The OC& I ordered that License No. L0973 issued to Respondent Daniel Du Breuil be suspended for six (6) months. The OC&I assessed a penalty in the amount of $1,000.

April 3, 2001 - OC&I/Septic System File No. C198-158 re: Fleet National Bank for property located at 249 Carlton Avenue, Assessor's Plat 378, Lot 29 in the City of Warwick. The OC &I alleges that the Respondent violated DEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property. The OC& I ordered the Respondent to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system is repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. The OC& I assessed a penalty of $5,000.

April 3, 2001 - OC&I/AIR File No. 00-07 re: Stanley Fastening Systems, LP located at Briggs Drive in the Town of East Greenwich. The OC&I alleges that on multiple occasions from 1993 through June 2000, the Respondent operated its manufacturing process in violation of Air Pollution Control Regulation 9 by failing to comply with all conditions of Respondent's approved air pollution control permit. The violations pertain to operating its staple manufacturing process equipment that generates volatile organic compounds while bypassing its afterburner air pollution control equipment. The OC&I ordered compliance with the regulations and the Respondent's air pollution control permit. The OC&I assessed a penalty in the amount of $468,614.40. The Respondent has appealed the NOV to the AAD.

April 11, 2001 - OC&I/UST File No. 00-01754 re: Anthony Mancini and Agnes A. Mancini for property located at 1191 Hartford Avenue, Assessor's Plat 21, Lot 552 in the Town of Johnston. The OC&I alleges that the Respondent violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the "UST Regulations"). The violations pertain to prohibiting substantial modification of UST systems without prior approval and precision testing requirements for UST systems. The OC&I ordered the Respondent to submit past precision test results and assessed a penalty in the amount of $5,660.00.

April 18, 2001 - OC&I/UST File No. 99-02988 re: Generations Gas, LLC, John A. Callaghan, Elizabeth H. B. Callaghan and JAC Operations, LLC for property located at 2289 Pawtucket Avenue, Assessor's Map 406, Block 8, Lot One in the City of East Providence. The OC&I alleges in a First Amended Notice of Violation that the Respondents violated multiple sections of the RIDEM's UST Regulations. The violations pertain to operating USTs not registered with the DEM, failing to undertake mandatory corrosion protection upgrade requirements, precision testing requirements, installation of overfill protection, maintenance of daily written inventory records, and investigation of and reporting of suspected releases of petroleum product. The OC&I ordered the Respondents to cease operation of the USTs at the facility and temporarily close the USTs until in compliance with the regulations or removed. The OC&I further ordered the Respondents to submit a Release Characterization Report, submit a registration application for their heating oil UST and to submit all copies of their records pertaining to precision testing, installation of overfill protection and daily written inventory and monthly reconciliation records. The OC&I assessed a penalty in the amount of $63,274.00. A previous NOV in this matter was issued to Respondents Generations Gas, LLC, John A. Callaghan and Elizabeth H. B. Callaghan on August 20, 1999. The First Amended Notice of Violation is the result of a decision from the AAD allowing the OC&I to add JAC Operations, LLC as a Respondent.

April 18, 2001 - OC&I/UST File No. 99-02989 re: Echo Gas, LLC, John A. Callaghan, Elizabeth H. B. Callaghan and JAC Operations, LLC for property located at 3393 Pawtucket Avenue, Assessor's Map 310, Block 6, Lot 3 in the City of East Providence. The OC&I alleges in a First Amended Notice of Violation that the Respondents violated multiple sections of the RIDEM's UST Regulations. The violations pertain to failing to undertake mandatory corrosion protection upgrade requirements, precision testing requirements, installation of overfill protection, installation of spill containment basins, and maintenance of daily written inventory records. The OC&I ordered the Respondents to submit all copies of their records pertaining to precision testing, installation of overfill protection, installation of spill containment and daily written inventory and monthly reconciliation records. The OC&I assessed a penalty in the amount of $38,172.00. A previous NOV in this matter was issued to Respondents Echo Gas, LLC, John A. Callaghan and Elizabeth H. B. Callaghan on August 31, 1999. The First Amended Notice of Violation is the result of a decision from the AAD allowing the OC&I to add JAC Operations, LLC as a Respondent.

April 24, 2001 - OC&I/LUST File No. 01-0753 re: Domenic Simone II, Anthony G. Simone, and Simones Service Station, Inc. for property located at 397 Dyer Avenue, Assessor's Plat 8/4, Lot 2647 in the City of Cranston. The OC&I alleges that the Respondents violated Rhode Island's Water Pollution Control Law, RIDEM's Rules and Regulations for Groundwater Quality, the Oil Pollution Control Regulations and portions of RIDEM's UST Regulations. The violations pertain to the release or discharge of pollutants in the form of oil/petroleum to the waters of the state from the Respondents' USTs. The OC&I ordered the Respondents to retain a qualified environmental consultant, complete a Site Investigation Report and, if necessary, prepare a Corrective Action Plan and implement said plan. The OC&I assessed a penalty in the amount of $30,000.00.

April 30, 2001 - OC& I WATER File No. 00-0040 and WETLANDS File No. C00-0160 re: SVF Foundation for property located approximately 500 feet south of Harrison Avenue, approximately 1,500 feet southeast of the intersection of Harrison Avenue and Fort Adams Road, Assessor's Plat 41, Lot 110 and Assessor's Plat 43, Lot 66 in the City of Newport. The OC& I alleges that the Respondent violated sections of Rhode Island's Water Pollution Law, RIDEM's Water Quality Regulations, the Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to alterations of freshwater wetlands and waters of the State from the discharge of silt and sediment. Other alterations to wetlands include excavating, filling and creating soil disturbance within a Marsh; filling within a Forested Wetland Complex; excavating within an Area Subject to Storm Flowage; excavating within an Emergent Plant Community; and clearing within a second separate Forested Wetland. The total area effected by unauthorized activities was 20,800 square feet of freshwater wetland and 7.0 acres of Newport Harbor. The Respondent did not receive approval from the DEM to alter freshwater wetlands or discharge water or storm water containing sediment to the waters of the State from the Property. The OC& I ordered the Respondent to cease and desist from any further alterations and to prepare a plan to address compliance with the water quality regulations and to restore all wetlands. A penalty in the amount of $33,000 was assessed against the Respondent.

Formal Enforcement Cases - Settled or Resolved

April 6, 2001 - OC&I/RCRA File No. 99-055 re: The Anchorage, Inc. for property located at 57 Miller Street, Assessor's Plat 2, Lot 41 in the Town of Warren. The OC&I issued a NOV to the Respondent on February 22, 2000 alleging violations of the Hazardous Waste Management Act, Title 40 of the Code of Federal Regulations (Protection of the Environment) and the Rules and Regulations for Hazardous Waste Management. The OC&I alleged that its investigation of the Respondent revealed multiple violations pertaining to the improper management and handling of hazardous waste. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $23,251.00. The Respondent appealed the NOV to the AAD. Prior to hearing the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein it was acknowledged that the Respondent was able to document compliance with some portions of the regulations and has since brought itself into full compliance with the regulations. The parties agreed to a reduced penalty in the amount of $7,500.00 with $1,500.00 paid up front and the remaining $6,000.00 to be paid within a six month period from the date of execution of the agreement.

April 10, 2001 - OC&I/UST File No. 00-03244 re: Anthony J. Pate, Anthony A. Pate, Rose B. Pate, and Richard A. Pezzillo for Pate's Sunoco Service located at 700 Douglas Avenue, Assessor's Plat 123, Lot 519 in the City of Providence. On November 9, 2000, the OC&I issued a NOV to the Respondents alleging that they violated portions of the UST Regulations pertaining to precision testing requirements and the installation of overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $14,850.00. The Respondents appealed the NOV to the AAD. Prior to hearing the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein it was acknowledged that the Respondent was able to document compliance with some portions of the regulations and has since brought itself into full compliance with the regulations. Based upon issues raised in settlement, the parties agreed to a reduced penalty in the amount of $1,750.00.

April 12, 2001 - OC&I/UST File No. 99-01627 re: John J. Paterra, II and Food 'N Fuel, Inc. for property located at 2327 Hartford Avenue, Assessor's Plat 57, Lot 147 in the Town of Johnston. On December 7, 1999 the OC&I issued a NOV to the Respondents alleging violations of Rhode Island's Water Pollution Control Law, RIDEM's Rules and Regulations for Groundwater Quality, the Oil Pollution Control Regulations and portions of RIDEM's UST Regulations. The violations pertain to the release or discharge of pollutants in the form of oil/petroleum to the waters of the state from the Respondents' USTs, precision testing requirements and site investigation requirements. The OC&I ordered compliance with the UST regulations including the requirement to complete a site investigation report and if necessary a corrective action plan. The OC&I assessed a penalty in the amount of $54,500.00. On April 12, 2001, the OC&I and the Respondents executed a consent agreement to resolve the allegations in the NOV. The Respondents showed that they had met certain compliance requirements and agreed to undertake a corrective action plan to remediate contamination at the site. The parties agreed to a penalty of $19,750.00 of which $1,350.00 would be an up front payment and $18,400.00 is to be paid over a 23 month period.

April 23, 2001 - OC&I/UST File Nos. 99-01700, 99-01096 and 99-01699 re: The Providence Water Supply Board and the City of Providence for three NOVs issued by the OC&I on January 10, 2000 (File No. 99-01700 - Raw Water Booster Pumping Station, Gainer Dam Access Road, Scituate), March 9, 2000 (File No. 99-01096 - Aqueduct Pumping Station, 430 Scituate Avenue, Cranston), and April 5, 2000 (File No. 99-01699 - Philip J. Holton Purification Works, North Road, Scituate). In each of the NOVs, the OC&I alleged certain violations of RIDEM's UST Regulations, ordered compliance with the regulations and assessed penalties for noncompliance. The penalties for all three NOVs totaled $27,522.00. On April 23, 2001, the OC&I and the Respondents executed a Consent Agreement to resolve the allegations contained within the NOVs involving the Respondents City of Providence and the Providence Water Supply Board. The parties agreed to a reduced penalty in the amount of $9,978.77 of which $2,198.77 is a cash payment and $7,780.00 is in the form of a Supplemental Environmental Project ("SEP"). The SEP includes an assessment of all of the PWSBs facilities that have aboveground and underground storage tanks, identifying any deficiencies and detailing all corrective action to be taken to correct any deficiencies. The assessment also includes a long-term monitoring and maintenance program for the AST/UST systems.

April 24, 2001 - OC&I/UST File No. 00-02665 & 02949 re: The Town of Bristol, Rhode Island for property located at the Respondent's Water Pollution Control Department, 2 Plant Avenue, Assessor's Plat 156, Lot 37 and 115, and the Mt. Hope Pumping Station, Annawamscutt Drive, Assessor's Plat 161, Lots 6, 21, 41 and 43. On November 6, 2000, the OC&I issued a NOV to the Respondent alleging violations of Sections 11.02(C) and 12.01 of the UST Regulations. The violations pertained to prohibiting substantial modification of UST systems without prior written notification to and approval by the director. A penalty of $5,000.00 was assessed against the Respondent. The Respondent appealed the NOV to the AAD. Prior to hearing the parties executed a consent agreement to resolve the alleged violations and the penalty was reduced to $1,000.00.

April 30, 2001 - OC&I/Septic System File No. CI91-397 re: Normand R. & Diane Blaise for property located at 193/195 Old Flat River Road, Assessor's Plat 324, Lot 13 in the Town of Coventry. On November 6, 1992 the DEM issued a NOV to the Respondents for allegedly violating DEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violations pertained to the overflow or spillage of sanitary sewage on or to the surface of the ground. DEM assessed a $1,000 penalty and ordered the septic system repaired. The Respondents did not request a hearing on the NOV. The Respondents failed to repair the septic system or pay the penalty, and the DEM filed a lawsuit in Superior Court in May 2000. The Respondents were ordered by the Court to repair the septic system and pay the penalty. The septic system was repaired on August 15, 2000 and the Respondent paid the $1,000 penalty.