April 2011 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 2011. 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 1, 2011 - Dam File No. 46 (Slatersville Reservoir Middle Dam) re: Dudley Development Corporation for property located southwest of the intersection of Main Street and Providence Pike, south of Main Street and west of Church Street, in the town of North Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on November 12, 2009. The inspection revealed an inoperable low level gate. In the NOV, OC&I ordered the Respondent to repair the low level gate. The OC&I did not assess an administrative penalty.



April 1, 2011 - Dam File No. 43 (Slatersville Reservoir Upper Dam) re: Dudley Development Corporation for property located east of the intersection of Victory Highway and Main Street, south of Main Street and northwest of Tifft Road, in the town of North Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on November 12, 2009. The inspection revealed that the low level gates are inoperable. In the NOV, OC&I ordered the Respondent to repair the low level gates. The OC&I did not assess an administrative penalty.



April 1, 2011 - Hazardous Waste File No. 2010-77 HW re: WAL, Inc. for a facility located at 438 West Fountain Street in the city of Providence. The facility manufactures and sells custom auto body paints. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertain to Respondent's failure to: obtain a permit from RIDEM for the storage of hazardous waste (in the form of waste auto body paints and paint thinners); obtain an Environmental Protection Agency (EPA) identification number from RIDEM as a hazardous waste generator; properly label all containers holding hazardous waste, excluding satellite containers, with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark containers holding hazardous waste with the date upon which the waste first began to accumulate; provide a containment system for all drums and containers holding liquid hazardous waste in storage onsite; maintain adequate aisle space to allow for the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment; conduct weekly inspections of container storage areas and maintain documentation of each inspection; prepare and maintain a contingency plan; provide training for all employees who manage hazardous waste; test and maintain all fire protection equipment; and submit to RIDEM a list of agents authorized to sign uniform hazardous waste manifests for shipments of hazardous waste. The OC&I inspected the facility on July 15, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $49,988.00.



April 19, 2011 - Air File No. 11- 02 re: Dry Bridge Sand & Stone, Inc. for a facility located at 471 Dry Bridge Road in the town of North Kingstown. On July 3, 2009 RIDEM's Office of Air Resources (OAR) issued Emissions Cap No. 86-2009 to the Respondent. The Emissions Cap requires the Respondent to keep and maintain records sufficient to determine actual particulate matter emissions for the facility for the previous twelve months and determine actual particulate matter emissions on a monthly basis, no later than fifteen days after the first of the month. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 14 - Record Keeping and Reporting and APC Regulation No. 29 - Operating Permits. The violations pertain to the failure to comply with an emissions cap and the failure to provide data on emissions of air contaminants by April 15th of each year to RIDEM. On December 8, 2010 OAR inspected the facility. The inspection revealed that the Respondent failed to: determine actual particulate matter emissions on a monthly basis, no later than fifteen days after the first of the month; maintain records sufficient to determine actual particulate matter emissions for the facility for the previous twelve months; and submit to OAR its 2008 and 2009 air pollution inventory reports. On January 6, 2011 OAR issued an informal written notice to the Respondent requiring the Respondent to submit its 2008 and 2009 air pollution inventory reports within thirty days. The Respondent has failed to comply with the notice. In the NOV, OC&I ordered the Respondent to comply with the requirements of the Emission Cap and submit to OAR completed air pollution inventory reports for 2008 and 2009. OC&I assessed a penalty in the amount of $10,000.00.



April 21, 2011 - Dam File No. 126 (Georgiaville Pond Dam) re: Town of Smithfield for property located north and west of Stillwater Road and east of Farnum Pike in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on May 20, 2010. The inspection revealed the following: dense brush on the upstream slope and downstream slope of the embankment did not allow a proper inspection to be performed; and vegetation on the downstream side of the portion of the dike owned by the Respondent did not allow a proper inspection to be performed. In the NOV, OC&I ordered the Respondent to cut or remove the improper vegetation, retain a registered professional engineer to perform a visual inspection of the dam, and submit a report to OC&I prepared by the engineer on the findings of the inspection. The OC&I did not assess an administrative penalty.



April 21, 2011 - Dam File No. 373 (Clark's Upper Dam) re: Lois Labrie for property located east of the intersection of Main Street and Hall Lane and immediately south of the approximate midpoint of the east-west section of Hall Lane in the city of Cranston. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on October 14, 2009. The inspection revealed the following: leaves and yard debris 12-18 inches in thickness was dumped on the upstream side and crest of the embankment that did not allow a proper inspection to be performed; and the low level gate is inoperable. OC&I issued a written notice to the Respondent on November 16, 2010 requiring the Respondent to complete and submit to OC&I a registration form for the dam. The Respondent failed to comply with the notice. In the NOV, OC&I ordered the Respondent to complete and submit to OC&I the registration form for the dam, remove the leaves and yard debris, retain a registered professional engineer to perform a visual inspection of the dam, submit a report to OC&I prepared by the engineer on the findings of the inspection, and repair the low level gate. The OC&I did not assess an administrative penalty.



April 26, 2011 - Underground Storage Tank File No. 2010- 01396 re: Town of Coventry for property located at 1668 Flat River Road in the town of Coventry. The property includes a public works garage and two underground storage tanks (USTs or tanks) used for the storage of petroleum products. The Respondent owns the property. 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 (UST Regulations). The violations pertain to the failure to: maintain all USTs in compliance with applicable national codes of practice; compile and maintain inventory control records; repair any malfunction of a leak-monitoring device within fifteen working days subsequent to its first occurrence; and keep all containment sumps clean and dry. The violations were documented during an inspection by the OC&I on November 23, 2010. On June 21, 2002 and June 29, 2007, OC&I issued informal written notices to the Respondent, and on February 27, 2003, OC&I issued a formal written notice to the Respondent for violations of the UST Regulations. The notices involved the same facility and some of the same violations that are the subject of this NOV. In the NOV the OC&I ordered the Respondent to comply with the UST Regulations. The OC&I assessed an administrative penalty of $6,250.00.



April 28, 2011 - Solid Waste File No. SW 2011- 04 re: Frank J. Strembecki, Jr. and Pearl Strembecki for property located at 285 Read School House Road in the town of Coventry. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulations. The violation pertains to the disposal of solid waste at other than a licensed solid waste management facility. The OC&I inspected the property on March 18, 2011. The inspection revealed approximately 1,435 cubic yards of solid waste deposited on the ground, which included numerous motor vehicles in varied states of disrepair, numerous motor homes in varied states of disrepair, box trailers, used tires, vehicle parts, household refuse, construction and demolition debris and other mixed solid waste. The Respondents do not possess an auto wrecking and salvage license issued by the Rhode Island Department of Business Regulation. In the NOV, the OC&I ordered the Respondents to dispose of all solid waste on the property at a licensed solid waste disposal facility. The OC&I did not assess an administrative penalty.



April 28, 2011 - Hazardous Waste File No. 2010-65-HW re: New England Testing Laboratory, Inc. for a facility located at 1254 Douglas Avenue in the town of North Providence. The property includes a facility that is used to operate a laboratory for testing environmental samples. The Respondent operates the facility and is registered with RIDEM as a small quantity hazardous waste generator. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management. The hazardous waste violations pertain to the Respondent's failure to: determine if the waste generated on site meets the definition of a hazardous waste; label all satellite accumulation containers holding hazardous waste with the words "Hazardous Waste" and other words identifying the contents of the containers; label all containers holding hazardous waste, excluding satellite containers, with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the EPA or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark containers holding hazardous waste with the date upon which the waste first began to accumulate; conduct weekly inspections of container storage areas and maintain documentation of each inspection; store flammable hazardous waste in an area that is at least fifty feet from the facility's property line; prepare and maintain a contingency plan; provide training for all employees who manage hazardous waste; submit to RIDEM a list of agents authorized to sign uniform hazardous waste manifests for shipments of hazardous waste; contain unbroken mercury-containing lamps in packaging that will minimize breakage during normal handling conditions; properly label or mark the universal waste containers; and demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The OC&I inspected the facility on May 20, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations. The OC&I assessed an administrative penalty of $21,520.00.

Formal Enforcement Cases Settled or Resolved:

April 13, 2011 - Air File No. 10- 14 re: Alexander Perry d/b/a Pyramid Painting. The subject properties are located at 27 Cushing Street and 710 River Avenue in the city of Providence. On February 4, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 24 - Removal of Lead Based Paint from Exterior Surfaces. The violations involving the Cushing Street dwelling pertained to: operating a power sander to remove lead paint without a high efficiency particulate air (HEPA) filter to capture dust from the removal operation; installation of ground sheeting that was not anchored or weighed down to prevent lead paint from being deposited on the ground, and failure to close and securely seal a window on the side of the dwelling from which paint was being removed. The violations involving the River Avenue dwelling pertained to: operating a power sander to remove lead paint without a HEPA filter to capture dust from the removal operation; installation of ground sheeting that was not anchored or weighed down to prevent lead paint from being deposited on the ground; failing to mist the siding with water prior to manual scraping; and failure to notify abutters within fifty feet of the lead paint removal work. The inspections of the Cushing Street dwelling and River Avenue dwelling occurred on June 25, 2010 and July 26, 2010, respectively. In each case, the Respondent was notified of the violations and directed to properly clean the properties of all lead paint debris. The OC&I inspected the Cushing Street property on June 28, 2010 and the River Avenue property on July 28, 2010 and observed that the Respondent properly cleaned the properties of all lead paint debris. In the NOV, the OC&I assessed a penalty in the amount of $11,500.00. The Respondent did not file an appeal of the NOV with AAD. In lieu of referring the matter to a collection agency, OC&I and the Respondent executed a Consent Agreement to resolve the issues raised in the NOV. The Respondent agreed to pay an administrative penalty of $2,875.00 in installments. The first installment of $1,475.00 was paid upon execution of the Agreement. The remaining payment of $1,000.00 shall be paid on or before June 15, 2011.



April 13, 2011 - Air File No. 11- 05 re: Rhodes Technologies, Inc. for a facility located at 500 Washington Street in the town of Coventry. On March 23, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the failure to obtain a permit prior to the installation and operation of an emission unit for which a permit is required. On November 10, 2010, the Respondent submitted to RIDEM's Office of Air Resources (OAR) an application for a general permit for an emergency generator. The application stated that a 238 horsepower natural gas-fired emergency generator was installed on December 12, 2009. In the NOV, OC&I assessed a penalty in the amount of $1,000.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent paid the penalty in full to resolve the NOV.



April 18, 2011 - Septic System File No. CI 07-111 re: Sandra Ramos for property located at 24 McClellan Street, parcel ID number 03403850000 in the city of Providence. The property includes a three-bedroom family dwelling and is owned by the Respondent. On May 18, 2009, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems and RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the failure of the septic system. In the NOV, OC&I ordered the Respondent to reduce the discharge of sewage to the septic system, pump the system as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. In the NOV, OC&I assessed an administrative penalty of $1,800.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $1,500.00 in monthly installments of $100.00. The first installment was paid upon execution of the Agreement.



April 18, 2011 - Air File No. 10-12 re: University of Rhode Island for a facility located at 523 Plains Road in the town of South Kingstown. RIDEM issued an operating permit to the Respondent on August 23, 2006 to emit air pollutants from the facility. On October 22, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation (APC) No. 9 - Air Pollution Control Permits and APC Regulation No. 29 - Operating Permits. The violation pertained to the installation and operation of a diesel-fired 350 kW emergency generator and an oil-fired 800 kW emergency generator at the facility without applying for or receiving a minor source permit from RIDEM and the failure to submit monitoring reports as required by the operating permit. On April 10, 2008, the Respondent submitted a letter to RIDEM informing RIDEM that it had installed the generators between October 2006 and March 2008. RIDEM advised the Respondent in a letter issued on April 17, 2008 that a minor source permit was required for each generator. On April 12, 2010, the Respondent submitted a permit application to RIDEM for the 800 kW generator. The Respondent failed to submit a permit application to RIDEM for the 350 kW generator. On November 23, 2009, RIDEM inspected the facility. The inspection revealed that the Respondent failed to submit its semi-annual monitoring report for the reporting period ending June 30, 2009 to RIDEM as required by its operating permit. On March 10, 2010, the Respondent submitted the semi-annual monitoring report to RIDEM. In the NOV, the Respondent was ordered to submit a minor source permit application for the 350 kW generator. OC&I assessed an administrative penalty of $3,199.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $2,500.00, which was paid upon execution of the Agreement.



April 28, 2011 - Air File No. 11- 01 re: Cumberland Quarry Corporation for a facility located at 6 Manville Hill Road in the town of Cumberland. On February 21, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation of a diesel-fired generator with a heat input capacity of five million British Thermal Units (BTUs) per hour without a permit from RIDEM's Office of Air Resources (OAR). On July 14, 2010, the OAR inspected the facility. The inspection revealed that the Respondent installed a portable stone crusher powered by a diesel-fired generator. On September 20, 2010, the OAR received a letter from the Respondent. The letter stated that the equipment has a heat input capacity of 6.7 million BTUs per hour and was installed on March 15, 2010. In the NOV, the OC&I ordered the Respondent to cease use of the equipment and either submit an application and fee to the OAR for a permit for use of the equipment or submit a statement to the OAR that the equipment has been disconnected, made non-operational or removed from service. In the NOV, the OC&I assessed a penalty in the amount of $7,500.00. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $5,500.00 in installments. The first installment of $2,500.00 was paid upon execution of the Agreement. The remaining installments are for $1,500.00 and are to be paid on or before May 1, 2011 and June 1, 2011.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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