April 2002 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 2002. 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, 2002 - OC&I/RCRA File No. 01-002 re: Sovereign Hall, Ltd. and A&K Properties LLC for property located at 43 Railroad Street, Assessor's Map Plat 14R, Lot 205, File number 001 in the City of Woonsocket. The OC&I alleges that the Respondents violated Rhode Island's Hazardous Waste Management Act, portions of RIDEM's Rules and Regulations for Hazardous Waste Management and portions of Title 40 of the Code of Federal Regulations. The violations pertain to 11 different counts of failing to abide by state and federal hazardous waste regulations. The OC&I inspected the facility in January 2001 and advised the Respondents of noncompliance with the regulations. OC&I followed up the inspection with a warning letter in May 2001 in an attempt to ensure compliance. In a follow-up inspection in January 2002 it was determined that the Respondents were still in noncompliance with the regulations. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $49,300.00.



April 9, 2002 - OC&I/OPC File No. 02-ACME re: Acme Plumbing, Heating and Fuel Oil Co., Inc. of 10 Weybosset Street Providence for property located at 3 Ivanhoe Avenue, Assessor's Plat 21, Lot 90 in the Town of Johnston. The OC&I alleges that the Respondent violated Rhode Island's Water Pollution Control Act, RIDEM's Oil Pollution Control Regulations and the Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to Respondent's overfilling a UST on residential property thereby releasing petroleum to the environment, not reporting the release to the RIDEM, failing to submit a written release report and failing to contain and remove the oil and oil spill waste material as required by regulation. OC&I ordered the Respondent to submit a written plan of remediation, submit a written release report, complete the plan of remediation and submit documentation regarding disposal of oil spill cleanup debris. A penalty of $17,170.00 was assessed against the Respondent.



April 12, 2002 - OC&I/AIR File No. 02-02 - NOV re: The City of Newport for its wastewater treatment facility located at 250 Connell Highway in the City of Newport. The OC&I alleges that the Respondent violated RIDEM's Air Pollution Control Regulation No. 17 relating to "Odors". The OC&I determined the facility was emitting an objectionable odor beyond their property line on 11 September 2001. OC&I informed the Respondent on that date of an objectionable odor from the facility and provided a copy of the regulation to the Respondent. Despite the initial inspection and issuing a Letter of Noncompliance on 19 September 2001, the Respondent allowed objectionable odors from the facility to escape beyond the property line on five subsequent occasions. The OC&I ordered the Respondent to take immediate action to prevent further violations of the regulation. A penalty of $15,000 was assessed against the Respondent.



April 17, 2002 - OC&I/Wetlands File No. C02-0026 re: Pulte Home Corporation of New England, for property located approximately 80 feet south of Admiral's Way, Assessor's Plat L, Lot 224-39, in the Town of Narragansett. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to construction of a foundation, clearing, filling, and excavation that resulted in the disturbance of approximately 515 square feet of Forested Wetland. OC&I ordered the restoration of the unauthorized altered wetlands by May 31, 2002. A penalty in the amount of $1,000 was assessed against the Respondent.



April 25, 2002 - OC&I/Solid Waste File No. 02-006 re: Olindo W. & Charlene A Cardarelli for property located at 88 Mill Street, Assessor's Plat 26, Lot 124, in the Town of Johnston. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act by allowing solid waste in the form of processed construction & demolition debris to be deposited on the property. On 31 August 2000, the OC&I issued a Letter of Noncompliance to the Respondents informing them that RIDEM determined that solid waste was present on the property and requiring the removal of the solid waste within 30 days. Despite several extensions of the deadline for compliance with RIDEM's requirements, the Respondents have not completed the removal of the waste or provided RIDEM with required documentation of disposal at a licensed facility. Over 4000 cubic yards of C&D waste was on the property in December 2001. OC&I ordered the waste to be removed within 30 days and assessed a penalty of $8,000.00.



April 25, 2002 - OC&I/Septic System File No. CI 97-91 re: Bernard Realty, LLC for property located at 18 Lincoln Avenue, Assessor's Plat 96, Lot 79 in the Town of Coventry. RIDEM alleges the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems ("the ISDS Regulations"). The violation pertains to the discharge of sewage to the surface of the ground. On April 16, 1997 and November 9, 1999 RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondent for the discharge of sewage to the ground. The Respondent submitted a repair application to RIDEM on June 5, 1997, which was approved by RIDEM on June 11, 1997. No work was performed to complete the repair. The Respondent failed to comply with the NOIs. RIDEM ordered the Respondent to cease the discharge of sewage and repair the septic system. A penalty in the amount of $4,000 was assessed in the NOV.



April 26, 2002 - OC&I/Septic System File No. CI 92-47 re: Allan S. & Elizabeth Pelopidia for property located at 238/240 Simmonsville Avenue, Assessor's Plat 28, Lot 13 in the Town of Johnston. RIDEM alleges the Respondents are in violation of DEM's ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground. On or about March 22, 2001 RIDEM issued Notice of Intent to Enforce (NOI) to the Respondents for the discharge of sewage to the ground. The Respondents have failed to adequately comply with the terms of the NOI. RIDEM ordered the Respondents to cease the discharge of sewage and repair the septic system. RIDEM assessed a penalty of $3,000 for the violations.

 

Formal Enforcement Cases - Settled or Resolved

April 1, 2002 - OC&I/Septic System File No. CI98-158 re: Fleet National Bank for property located at 249 Carlton Avenue, Assessor's Plat 378, Lot 39 in the City of Warwick. On March 30, 2001 RIDEM issued a NOV to the Respondent alleging certain violations of DEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground. RIDEM ordered the Respondent to cease the discharge of sewage to the ground and repair the septic system. RIDEM assessed a penalty of $5,000. The Respondent timely requested an administrative adjudicatory hearing on the NOV. Prior to the hearing, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent agreed to connect the sewerage system for the Property to the city sewerage system by June 30, 2002. The Respondent also paid RIDEM the sum of $1000.00 in administrative penalties.



April 5, 2002 - OC&I/Water Pollution File No. CI 1377 re: Eleanor Smyth for property located at 104 Racquet Road, Assessor's Plat 9, Lot 329 in the Town of Jamestown. On December 27, 2000, RIDEM issued a NOV to the Respondent alleging certain violations of the Rhode Island Water Pollution Act, the Water Quality Regulations, and the ISDS Regulations. The violation pertained to the discharge of sewage to the ground in a location where it was likely to enter the waters of the State identified as Narragansett Bay. RIDEM ordered the Respondent to correct the violation. RIDEM assessed a penalty of $7,500. The Respondent timely requested an administrative adjudicatory hearing on the NOV. The septic system on the property was repaired and conformed on November 27, 2001. Prior to a hearing on the NOV, the Respondent paid RIDEM the sum of $7,500 in administrative penalties.



April 15, 2002 - OC&I/ Wetland File No. C00-0183 re: Alfred DeFazio, for property located approximately 1200 feet east of Cucumber Hill Road, Assessor's Plat 7, Lot 13 in the Town of Foster. On July 13, 2001, RIDEM issued a NOV to the Respondent alleging certain violations of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to the filling of Swamp and Perimeter Wetland. RIDEM ordered the Respondent to restore the freshwater wetlands and assessed a penalty of $3,000. The Respondent timely requested an administrative adjudicatory hearing on the NOV. Prior to the hearing on the NOV, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent agreed to restore the freshwater wetlands no later than July 1, 2002. The Respondent also paid RIDEM the sum of $500.00 in administrative penalties.



April 17, 2002 - OC&I/Septic System File No. CI94-404 re: Henderson Realty, Inc. for property located at 800 Tiogue Avenue, Assessor's Plat 29, Lot 36 in the Town of Coventry. On July 11, 2001, RIDEM issued a NOV to the Respondent alleging certain violations of RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground. RIDEM ordered the Respondent to cease the discharge of sewage and repair the septic system and assessed a penalty of $4,000. The Respondent timely requested an administrative hearing on the NOV. The septic system on the property was repaired and conformed on August 29, 2001. Prior to the hearing on the NOV, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent paid RIDEM the sum of $2,000.00 in administrative penalties.



April 18, 2002 - OC&I/LUST File No. 00-1075 re: John E. Anderson, Sr. and ANDCO, Incorporated for property located at 170 Amaral Street, Assessor's Map 508, Block One, Parcel 4, in the City of East Providence. On July 18, 2000, the OC&I issued a NOV to the Respondents alleging that the Respondents violated multiple sections of RIDEM's UST Regulations, the Water Pollution Law, the Rules and Regulations for Groundwater Quality and the Oil Pollution Control Regulations. The violations pertained to a release or discharge of oil or pollutants to waters of the State; the discharge of oil/petroleum product; contamination of groundwater; failing to register a UST facility; corrosion protection upgrade requirements for steel UST systems; precision testing requirements; spill containment; overfill protection; closure of UST's without approval; notification of UST removal or closure and requirements for a closure assessment. The OC&I ordered compliance with the law/regulations including submission of a Closure Assessment and if recommended, submission of a Site Investigation Report and Corrective Action Plan. A penalty of $93,975.00 was assessed against the Respondents. The Respondents appealed the NOV to the AAD. Prior to hearing, the Respondents and the OC&I executed a consent agreement to resolve the NOV. The Respondents agreed to undertake and complete corrective action to remediate the release and agreed to a penalty in the amount of $25,500.00. The Respondents agreed to pay an up front payment of $7,500.00 and the remaining $18,000.00 in monthly installments of $1000.00.



April 22, 2001 - OC&I/LUST File No. 01-0753 re: Domenic Simone II, Anthony G. Simone, and Simone's Service Station, Inc. for property located at 397 Dyer Avenue, Assessor's Plat 8/4, Lot 2647 in the City of Cranston. On April 24, 2001, the OC&Iamp; issued a NOV to the Respondents alleging 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 pertained 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. The Respondents did not request a hearing at AAD. Prior to RIDEM filing a Superior Court action, the Respondents and OC&I executed a consent agreement to resolve the NOV wherein it was acknowledged that the Respondents had complied with the orders set forth in the NOV. In addition, the Respondents satisfactorily showed the RIDEM that contamination of the property was below the applicable regulatory standards. The Respondents agreed to a penalty in the amount of $6,250.00 with an up front payment of $1,250.00 and the remaining $5,000.00 to be paid in five monthly installments of $1,000.00.



April 22, 2002 - OC&I/RCRA File No. 99-021 re: the Tubodyne Company located at 4 Industrial Way, Assessor's Map 310, Block 6, parcel 5 in the City of East Providence. On September 22, 1999, the OC&I issued a NOV to the Respondent alleging multiple violations of Rhode Island's Hazardous Waste Management Act, the Rules and Regulations for Hazardous Waste Management and sections of Title 40 of the Code of Federal Regulations. The NOV alleged 9 violations pertaining to storage time limits, container management requirements, training and contingency plan requirements, failing to obtain a EPA ID number and failing to provide RIDEM with authorized manifest signers. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $57,200.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the Respondent and the OC&I executed a consent agreement to resolve the NOV. On March 7, 2002, the OC&I confirmed that the Respondent was currently in compliance with the regulations. The Respondent agreed to pay a penalty in the amount of $21,050.00 with an up front payment of $11,050.00 and the remaining $10,000.00 to be paid in 4 monthly installments of $2,500.00.



April 23, 2002 - OC&I/UST File No. 00-01961 re: Kacheg Topalian, Edward Breault and Duke Doan d/b/a Sunnyhill Farm for property located at 364 Dexter Street, Assessor's Plat 6, lot 3, in the City of Central Falls. On May 15, 2001, the OC&I issued a 1^st Amended NOV alleging that the Respondents violated sections of RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (" the UST Regulations"). The violations pertained to corrosion protection upgrade requirements for UST systems, precision-testing requirements, and requirements to install overfill protection. The OC&I ordered compliance with the regulations and assessed a penalty of $20,190.00. A previous NOV had been issued to Respondents Kacheg Topalian and Edward Breault on September 12, 2000. This matter was heard before the AAD. The 1st Amended NOV was the result of a decision from the AAD allowing OC&I to add Duke Doan as a Respondent to the enforcement action. The Respondents and the OC&I agreed to resolve the NOV by executing a consent agreement prior to hearing. The Respondents provided some documentation to OC&I that resolved certain alleged violations and agreed to pay a penalty in the amount of $13,500.00 to resolve the remaining noncompliance issues. Respondent Duke Doan agreed to pay $10,800.00 and Respondent Kacheg Topalian agreed to pay $2,700.00. The reduced penalty has been paid in full.



April 23, 2002 - OC&I/Wetlands File No. C02-0026 re: Pulte Home Corporation of New England for property located approximately 80 feet south of Admiral's Way, Assessor's Plat L, Lot 224-39, in the Town of Narragansett. On April 17, 2002, the OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to construction of a foundation, clearing, filling, and excavation resulting in the disturbance of approximately 515 square feet of Forested Wetland. OC&I ordered the restoration of the unauthorized altered wetlands by May 31, 2002. A penalty in the amount of $1,000 was assessed against the Respondent. Prior to hearing in AAD or the Superior Court, the Respondent and the OC&I agreed to resolve the NOV by executing a consent agreement. The Respondent agreed to restore the wetlands based upon a restoration/replication plan reviewed and approved by the OC&I. The Respondent also agreed to pay the $1,000.00 penalty in full and agreed to pay an application review fee in the amount of $640.00.