April 2005 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 April 2005. 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 4, 2005 - OC&I/Septic System File No. CI01-191 re: Stephen Zanni for property located at 47 Shore Drive, Assessor's Plat 62, Lot 18, in the Town of Johnston. The Property is owned by Stephen Zanni and includes a single family home. OC&I alleges that the Respondent is in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to a failing septic system and discharge of sewage to the ground. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on September 12, 2001 and again on June 16, 2004. In the NOI's the Respondent was required to pump the ISDS to prevent overflows, submit an evaluation of the ISDS by a licensed designer, and repair the ISDS, if necessary. The Respondent failed to comply with the NOI's. In the NOV the Respondent was ordered to cease the discharge of sewage to the ground surface and repair the ISDS. OC&I assessed a penalty in the amount of $4,400.00.



April 7, 2005 - OC&I/Water Pollution File No. 05-08 re: Clean Care of New England. The Respondent is engaged in janitorial and related services including building, house and window cleaning. OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of wastewater from a van owned by Clean Care of New England into a storm drain located on Lake Garden Drive in Cranston, RI. The wastewater was generated from a sewage cleanup in the basement of a residential dwelling. The stormwater drain discharges into a 1.4-acre wetland on the north side of Plainfield Pike. DEM requested on multiple occasions information from the Respondent regarding the incident; however, the Respondent failed to provide the requested information. In the NOV OC&I ordered the Respondent to submit a standard operating procedure that the Respondent's employees shall follow to ensure proper disposal of all wastewater generated by the Respondent. OC&I assessed a penalty in the amount of $2,600.00.



April 08, 2005 - OC&I/RCRA File No. 04-069 re: David O'Brien d/b/a Smith's Auto Body for property located at 3624 Main road, Assessor's Map No. 2-4, Block 119, Lot No. 6C in the Town of Tiverton. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management ("the Hazardous Waste Regulations"). The violations pertain to the Respondent's failure to properly label three containers holding hazardous waste with the words "hazardous waste" or other words necessary to identify the contents of the containers, failure to keep containers of hazardous waste closed at all times unless adding or removing hazardous waste, and failing to determine if wastes generated at the property (waste oils) met the definition of hazardous waste as required by the Hazardous Waste Regulations. The OC&I issued a Letter of Noncompliance ("LNC") to the Respondent advising the Respondent of the violations and affording the Respondent adequate time to correct the violations without a penalty. The Respondent failed to achieve compliance with the Hazardous Regulations as required in the LNC. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and assessed a penalty in the amount of $3,000.00.



April 08, 2005 - OC&I/UST File No. 04-00113 re: Cumberland Farms, Inc. for property located at 852 Park Avenue, Assessor's Plat 17-D, Lot 305 in the City of Woonsocket. 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 violation pertains to the substantial modification of the UST facility by excavating the tank pad, siphoning together two USTs at the facility and abandoning the piping for a third UST at the facility. All of the work was performed without the written approval of the RIDEM. The Respondent has since complied with the UST Regulations and has obtained the necessary approval after the fact. The OC&I assessed a penalty in the amount of $5,000.00 for the noncompliance.



April 08, 2005 - OC&I/UST File No. 05-01138 re: Carl C. Ferrucci, Frances S. Ferrucci and Coastal of Cranston, Inc. for property located at 480 Pontiac Avenue, Assessor's Plat 5, Lot 630 in the City of Cranston. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The Respondents are the owners and operators of three USTs that are located on the property. The violations pertain to Respondents' failure to compile inventory control records for approximately three years, failure to procure the services of a qualified person to perform annual functionality testing of the line leak detectors for two of the USTs for five years, failure to respond to alarms given off by the facility's continuous monitoring system ("CMS") sensors, failure to maintain piping collection sumps free of liquids, failure to perform monthly testing of the CMS for approximately three years, failure to perform annual certification/testing of the CMS for six years, failure to maintain spill containment basins for the USTs free of liquids and solid debris and failure to label the fill ports of the USTs to identify the material stored inside each tank. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,873.00.



April 08, 2005 - OC&I/UST File No. 05-03431 re: Marcy T. Dunbar Bachini, Lori P. Cubellis and John D. Cubellis for the Homestead Service Station located at 837 Narragansett Avenue, on Prudence Island, Assessor's Plat 77, Lot 113 in the Town of Portsmouth. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The Respondents are/were the owners and operators of one 2000-gallon gasoline UST located on the property. The violations pertain to the failure to compile inventory control records for the UST consistent with the UST Regulations for a three year period from October 2001 through October 2004 and for a five plus year period from January 1998 through September 2004 as required by an Amended Consent Agreement executed to resolve a previous enforcement action, failure to perform tank tightness testing for the UST during the years 2001 and 2003, failure to perform monthly testing of the facility's CMS from October 2001 through October 2004, failure to perform annual testing of the CMS during the years 1999 through 2003 and failure to label the fill port for the UST to identify the material stored inside the tank. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $18,624.00.



April 08, 2005 - OC&I/UST File No. 05-00848 re: Rosemere Realty, Inc. for property located at 1995 Post Road, Assessor's Plat 323, Lot 426, in the City of Warwick. The Respondent is the owner and operator of two 10,000-gallon gasoline USTs at the property. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to the Respondent's failure to perform tank tightness testing for the two USTs for the year 2000, failure to inspect the impressed current cathodic protection system for the two USTs at least once every 60 days from June 2003 through June 2004, failure to maintain the CMS in a condition to properly test for leaks on a monthly basis, failure to compile inventory control records from June 2003 through June 2004, failure to perform annual testing of the line leak detectors, failure to perform monthly testing of the CMS from June 2000 through June 2004, failure to perform annual certification/testing of the CMS during the years 2000 and 2002, failure to maintain the spill containment basin in an undamaged condition and free of liquids, failure to maintain the automatic shut-off valve overfill protection device in a working condition, and failure to properly equip the groundwater monitoring well with a locking gripper cap. The Respondent had previously executed a Consent Judgment to resolve a 1999 NOV at the facility. Prior to the issuance of this NOV, the OC&I issued a LNC to the Respondent advising them of the noncompliance and required compliance within a specified time period. The Respondent failed to resolve the violations identified in the LNC as required. In the NOV, the OC&I ordered the Respondent to achieve compliance with the NOV and assessed a penalty in the amount of $14,222.00.



April 12, 2005 - OC&I/UST File No. 05-01184 re: Goldman Properties, LLC, Greylawn Foods, Inc., and Coastline Construction for property located at 2032 Plainfield Pike, Assessor's Plat 36, Lot 7, in the City of Cranston. Respondents Goldman Properties, LLC and Greylawn Foods, Inc. are the owners or operators of one 10,000-gallon diesel UST on the property. The OC&I alleges that Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to maintain inventory control records from June 2002 through November 2004, failure to maintain the UST piping collection sumps free of liquids, failure to perform monthly testing of the facility's CMS from June 2002 through November 2004, and failure to label the fill port for the UST. In addition, in 2003, Respondents hired Coastline Construction to conduct modifications to the UST. Coastline applied to the RIDEM for the modifications and obtained approval; however, inspection of the UST following completion of the authorized modifications revealed that the product piping to the UST had been modified without notification to and approval by RIDEM. Upon information and belief, Coastline Construction installed the new unauthorized piping when Coastline completed the approved UST modifications. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $9,250.00.



April 12, 2005 - OC&I/RCRA File No. 05-001 re: Jay Packaging Group, Inc. for property located at 100 Warwick Industrial Drive, Assessor's plat 325, Lot 10 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and the Code of Federal Regulations pertaining to the management of hazardous waste enforced by RIDEM. The violations pertain to Respondent's failure to properly label a container of hazardous waste, failure to provide an accumulation start date on a container of hazardous waste necessary to determine storage time limits, failure to properly label and provide accumulation start dates on numerous containers of universal hazardous waste, failure to use authorized personnel to sign hazardous waste manifests and failure to provide training to all personnel handling or managing hazardous waste. In the NOV, the OC&I ordered the Respondent to achieve compliance and assessed a penalty in the amount of $15,000.00.



April 19, 2005 - OC&I/Water Pollution File No. WP 05-07 x-ref 04-010 re: North Tiverton Water Department. The Respondent owns and operates a drinking water distribution system in Tiverton. OC&I alleges that the Respondent is in violation of the Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of pollutants (in the form of inorganic sediments, silt, sand and other soil material) to Mount Hope Bay. During OC&I's investigation of the alleged discharge, a representative for the Respondent advised OC&I's inspector that the Respondent was attempting to repair a broken water main. As part of this effort, the Respondent had excavated a hole in the road and installed a portable pump that was discharging sediment- laden water from the excavated hole onto the road. The sediment-laden water then discharged into a storm drainage system and into Mount Hope Bay. At the time of the investigation, OC&I's inspector advised the Respondent that temporary sediment controls were necessary to prevent sediment from entering waters of the State. The Respondent failed to install the necessary controls and continued to discharge sediment (pollutants) into Mount Hope Bay. In the NOV OC&I assessed a penalty in the amount of $ 2, 750.00.



April 21, 2005 - OC&I/UST File No. 05-01324 re: George E. Mullins, Jr. and Lillian C. Mullins for property located at 1341 Plainfield Street, Assessor's Plat 3, Lot 409 in the Town of Johnston. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The Respondents are the owners and operators of a 3000-gallon gasoline UST and an 8,000-gallon gasoline UST on the property. The violations pertain to Respondents' failure to compile inventory control records of the USTs from November 2001 through November 2004, failure to perform monthly leak tests for the USTs from November 2001 through November 2004, failure to perform tank tightness testing on the 3000-gallon UST during the year 2002, failure to calibrate and maintain the Automatic Tank Gauging ("ATG") system, failure to perform monthly and annual testing of the ATG and the CMS, and failure to keep the piping collection sump for the 8000-gallon UST free of liquid. At the time of OC&I's inspection, a test report showed that the 3000-gallon UST failed a leak detection test. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $11,415.00.

 

Formal Enforcement Cases Settled or Resolved:

April 08, 2005 - OC&I/RCRA File No. 04-024 re: Budget Rent A Car System, Inc. for its facility located at 55 Senator Street in the City of Warwick. On December 17, 2005, the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violation pertained to the Respondent's failure to determine if waste oil stored at the subject facility meets the definition of a hazardous waste in accordance with the requirements of Hazardous Waste Regulation 5.08 The Respondent had previously been issued a Letter of Non-Compliance ("LNC") on 10 February 2004 that informed the Respondent of its obligation to characterize its waste in accordance with the Regulations. Despite the LNC notifying the Respondent of its obligations, the Respondent failed to comply with the Hazardous Waste Regulations. In the NOV, OC&I ordered the Respondent to achieve compliance within thirty- (30) days and assessed a penalty in the amount of $5,000.00. The Respondent did not request a hearing to contest the NOV. Prior to proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent provided documentation to OC&I showing that it complied with the orders set forth in the NOV and that compliance had been met prior to the issuance of the enforcement action. The documentation was not provided to OC&I in a timely manner. The OC&I and the Respondent agreed to a reduced penalty in the amount of $1,000.00. The penalty was paid upon execution of the Consent Agreement.



April 19, 2005 - OC&I/UST File No. 04-03375 re: ELJ, Inc. and Francis Brothers Realty, Inc. for property located at Metacom Avenue, Assessor's Plat 87, Lot 14 in the Town of Charlestown. On July 14, 2004 the OC&I issued a NOV 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 Respondents' failure to notify RIDEM of changes in registration information, failure to test cathodic protection systems, failure to comply with inventory record keeping requirements, failure to monitor the interstitial space between double walled USTs, failure to comply with line tightness testing requirements, failure to comply with overfill protection requirements and failure to maintain testing records. In the NOV OC&I ordered the Respondents to comply with the UST Regulations and assessed a penalty in the amount of $23,167.00. 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 were able to document compliance with certain portions of the UST Regulations but could not resolve all past noncompliance cited in the NOV. The Respondents proposed and OC&I accepted a Supplemental Environmental Project ("SEP") in lieu of a portion of the penalty. The Respondents agreed to the full penalty of $23,167.00 and OC&I agreed to offset $21,608.00 of the penalty for Respondents removal of their UST and replacement of their UST with a new Aboveground Storage Tank ("AST") thereby eliminating future threat to the environment from a potential leaking UST at the property. The SEP is to be completed before June 1, 2005. The remaining cash component of the penalty ($1,559.00) was paid upon execution of the Consent Agreement.



April 22, 2005 - 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. On September 22, 2004, the OC&I issued a NOV to the Respondents alleging that the Respondents violated 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 .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. 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 were able to document to OC&I that they were in partial compliance of the UST Regulations cited in the NOV and were able to document that they were currently in full compliance with the UST Regulations. The OC&I and the Respondents agreed to a reduced penalty in the amount of $14,625.00. OC&I authorized the Respondent to pay $6,250.00 upon execution of the Consent Agreement and to pay the remaining $8,375.00 in 6 equal and consecutive monthly installments of $1,395.83.



April 29, 2005 - OC&I/Water Pollution File No. 03-02, AAD File No. 03-004/WRE re: 960 Broad Street Realty Corporation and Craig Raposa for property located at 1 Newcomb Street, Assessor's Plat 70, Lot 146 in the City of Providence. The property includes a multi-family rental building owned by 960 Broad Street Realty Corporation (the "Corporation"). Craig Raposa is the President and shareholder of the Corporation. On August 29, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated the Water Pollution Act and RIDEM's Water Quality Regulations and ISDS Regulations. The violations pertained to the discharge of sewage from a clean out cap for the building's sewerage system onto the ground and into the street, (adjacent to a storm water catch basin), and the construction of a shallow trench on the property to collect sewage waste from the building. In June 2001 RIDEM inspected the property and advised Mr. Raposa that the sewage discharge had to be immediately corrected. A follow up inspection in July 2001 revealed that the building was vacant. In August 2002 RIDEM inspected the property and found that sewage was again discharging onto the ground and that a trench was constructed on the property to collect sewage from the building. RIDEM has no record that a permit was issued to the Respondents to construct a subsurface disposal trench on the property. Mr. Raposa was advised of the violations and the actions necessary to correct the violations. Mr. Raposa denied a RIDEM inspector access to the property during a follow up inspection in mid August 2002. In the NOV the Respondents were ordered to properly connect the sewerage system for the building to the city sewerage system. OC&I assessed a penalty in the amount of $16,500.00. The Respondents filed an appeal of the NOV with the AAD. Immediately prior to the AAD hearing on this matter the OC&I and the Respondents reached a settlement agreement that was presented to the Administrative Hearing Officer. The Respondents connected the sewerage system for the building to the city sewerage system. The remaining issue pertained to the penalty assessed in the NOV. Respondent Craig Rapoza stated for the record that 960 Broad Street Realty Corporation is a corporation without assets and that he personally was unable to pay the penalty in full due to financial circumstances. The Respondents did agree to pay a reduced penalty in the amount of $10,000.00 with $1,000.00 to be paid on or before April 1, 2005 and the remainder of the penalty to be paid in 9 equal and consecutive monthly installments of $1,000.00. The settlement agreement was entered as a Consent Judgment. The Consent Judgment was entered as a Final Agency Order on April 29, 2005.

 

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

April 05, 2005 - RIDEM plaintiff vs. Edward's Garage, Inc. defendant re: property located at 835 Main Street, Assessor's Plat 14, lot 48 in the Town of Hopkinton. On or about March 25, 2004, plaintiff RIDEM filed a complaint in Superior Court seeking compliance with an administrative Consent Agreement executed between the parties to resolve two NOVs issued by plaintiff. The NOVs were issued for violations of the Rhode Island Water Pollution Act, the Oil Pollution Control Act, the Oil Pollution Control Regulations, the UST Regulations and the Rules and Regulations for Groundwater Quality. Pursuant to the Consent Agreement, defendant Edward's Garage, Inc. agreed to conduct remedial measures to address a release of petroleum at the property, conduct a full site investigation report, install all monitoring wells necessary to delineate the full extent of any contamination located on or originating from the facility on the property and pay a stipulated penalty for failure to comply. An initial site investigation report conducted in 1995 revealed the presence of petroleum contamination in the groundwater at levels exceeding 5,000 times the acceptable levels for certain chemicals. The SIR concluded that additional work was required to address the contamination at the site to prevent risk to nearby drinking water wells. Plaintiff RIDEM alleged that defendant Edwards Garage, Inc. had failed to comply with the Consent Agreement to address the contamination at the site. Plaintiff RIDEM sought injunctive relief to enforce the requirements of the Consent Agreement and the two NOVs as well as other court relief including an assessment of penalties of $1,000.00 for each day of non-compliance with the Consent Agreement. On April 5, 2005, the Superior Court executed a Consent Judgment in favor of plaintiff RIDEM. The Consent Judgment stated that the defendant violated the August 3, 1995 administrative Consent Agreement. The court ordered the defendant to bring itself into full compliance with the terms of the 1995 Agreement. This includes meeting all site investigation requirements relative to on and off-site contamination and development of a corrective action plan ("CAP"). All investigation work must be completed on or before May 15, 2005. The defendant's CAP shall be fully operational on or before June 30, 2005. the defendant was ordered to pay a non-compliance penalty in the amount of $6,500.00 and was furthered ordered to pay an additional $15,000.00 in the event that the defendant does not comply with the court's order.

For General Information 222-6800 • After Hours Emergencies 222-3070 • Disclaimer

rev. 9/9/05