August 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 August 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:

August 19, 2005 - OC&I/Hazardous Waste File No. 05- 021 re: TPI Composites, Inc. for property located at 373 Market Street, Assessor's Plat 22, Lot 156 in the Town of Warren. 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. The violations pertain to Respondent's failure to properly label all hazardous waste satellite containers, failure to maintain satellite containers of hazardous waste at the point of generation and under the control of the operator, failure to keep all containers of hazardous waste closed unless adding or removing the hazardous waste from the container, failure to conduct weekly inspections for containers of hazardous waste and to maintain a log/record of the weekly inspections, failure to maintain a contingency plan for the facility to minimize hazards to human health and the environment in the event of an emergency, failure to provide annual hazardous waste management training to company employees that manage hazardous waste and to maintain adequate records on the training, and failure to submit to RIDEM the names and signatures of all agents authorized to sign hazardous waste manifests. The OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations and assessed a penalty in the amount of $13,464.00.



August 19, 2005 - OC&I/Hazardous Waste File No. 05-022 re: Pearson Composites, LLC for property located at 373 Market Street, Assessor's Plat 22, Lot 156 in the Town of Warren. 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. The violations pertain to the Respondent's failure to apply for and obtain an EPA ID number to generate or store hazardous waste, failure to determine if any of its wastes meet any definition of a hazardous waste, failure to properly label containers of hazardous waste, failure to affix the date of accumulation on containers of hazardous waste currently in storage, failure to transfer satellite containers of hazardous waste from the point of generation to an accumulation storage area within three days when the amount of excess hazardous waste exceeds 55-gallons, failure to keep all containers of hazardous waste closed except when adding or removing hazardous waste, failure to conduct weekly inspections of containers of hazardous waste and to keep a written log of the weekly inspections, failure to maintain a contingency plan for the facility to minimize hazards to human health and the environment in the event of an emergency, failure to provide annual hazardous waste management training to company employees that manage hazardous waste and to maintain adequate records on the training, failure to share the facility's contingency plan with the local police department, fire department, hospital, state and local emergency response team, failure to conduct testing and maintenance of emergency equipment, failure to complete a hazardous waste manifest for each shipment of hazardous waste and failure to submit to RIDEM the names and signatures of all agents authorized to sign hazardous waste manifests. The OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations and assessed a penalty in the amount of $31,214.00.



August 23, 2005 - OC&I/Wetlands File No. C00-0306 re: Harry Hawker III for property located immediately south/southwest of West Shore Drive, at Utility Pole Numbers 5 and 6, east of house number 227, opposite house number 238, approximately 400 feet northwest of the intersection of West Shore Drive and Ten Rod Road (Route 165), Assessor's Plat 84, Block 4, Lots 5, 6, and 7, in the Town of Exeter. The Respondent owns the property. OC&I alleges that the Respondent is in violation of the RI Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to installing a culvert and 2 headwalls within a Stream, filling, grading, and clearing within Forested Wetland, and filling, grading, clearing, and storing trailers within 100 Foot Riverbank Wetland. These activities have resulted in the unauthorized alteration of approximately 14,100 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on January 23, 2001 requiring restoration of the altered wetlands on the property. The Respondent indicated a willingness to comply with the restoration requirements in the NOI and DEM granted an extension until June 15, 2001 to complete the restoration. On January 5, 2005 an inspection by DEM revealed that the restoration required in the NOI was not completed and additional unauthorized alterations were present. In the NOV the Respondent was ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $3,000.00.

 

Formal Enforcement Cases Settled or Resolved:

August 15, 2005 - OC&I/Septic System File No. CI02-108 re: Robert D. Houghton for property located at 28 Yates Avenue, Assessor's Plat 64, Lot 103 in the Town of Coventry. The property includes a multi-family rental dwelling and is owned by the Respondent. On August 16, 2004 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to improper maintenance of the septic system at the property, performing renovations to convert the dwelling from a single family to a 4-unit apartment without first obtaining RIDEM approval and discharging laundry waste to the surface of the ground. In the NOV OC&I ordered the Respondent to cease the laundry discharge, reduce the discharge of sewage and have the ISDS pumped until permanently repaired, and either remove the additional dwelling units, submit an System Suitability Determination ("SSD") Application to demonstrate that the ISDS is adequate (including an inspection of the ISDS by a licensed designer to determine the cause of the ISDS failure), or submit an application to replace the ISDS that is designed for a 4 family dwelling. OC&I assessed a penalty in the amount of $3,800.00. The Respondent filed an appeal of the NOV with AAD. The Respondent entered a Consent Judgment with the Town of Coventry whereby the property was recognized by the town as a legal existing non-conforming three (3)-unit apartment dwelling. The Respondent removed the fourth unit and removed the washing machine from the dwelling. Prior to a hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to monitor and pump the ISDS as needed to prevent the discharge of sewage to the ground surface and connect the property to the town sewerage system within 90 days or repair the ISDS. The Respondent agreed to pay an administrative penalty of $2,400.00. The penalty was paid upon execution of the Consent Agreement.



August 16, 2005 - OC&I/UST File No. 04-00655 re: Claudette A. Downey and Cheryl & Raymond Services, LLC for property owned by Leo's Service Center, Inc. and located at 118 Narragansett Avenue, Assessor's Plat C, lots 354, 362 and 363 in the Town of Narragansett. Respondent Claudette A. Downey is the last known president of Leo's Service Center, Inc. Cheryl & Raymond Services, LLC is the operator of the UST facility. On December 28, 2004 the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to perform line tightness testing for the two USTs located at the facility during the year 2002, failure to perform annual functionality testing of the line leak detectors for the two USTs during the year 2002 and failure to bail and evaluate the water in all of the facility's groundwater monitoring wells for visual and olfactory evidence of the presence of free product at least once during each of the years 2002 and 2003. In the NOV, the OC&I ordered the Respondents to provide written verification of compliance and assessed a penalty in the amount of $4,970.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents complied with the order portion of the NOV. The parties agreed to a penalty in the amount of $3,300.00. The OC&I agreed to accept $275.00 upon execution of the Consent Agreement with the remainder of the penalty to be paid in 11 equal and consecutive monthly installments of $275.00.



August 18, 2005 - OC&I/License No. L0438 and Septic System File No. CI03-206 re: Howard C. Richmond for property located at 614 Alton Carolina Road in the Town of Charlestown. The Respondent holds an Individual Sewage Disposal System (ISDS) Installer License to install, construct, alter, and repair ISDSs in the State of Rhode Island in accordance with plans approved by RIDEM. On October 26, 2004 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island General Laws §§ 5-56-1 et seq. and the ISDS Regulations. The violation pertained to repairing an ISDS without approval from RIDEM. In the NOV OC&I ordered that License No. L0438 issued to the Respondent be revoked. OC&I assessed a penalty in the amount of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to a suspension of his license for six (6) months commencing on July 1, 2005. The Respondent also agreed to take the ISDS Installers Exam that will be held on September 15, 2005. The Respondent is not required to pass the exam; however, the Respondent is required to make a good faith effort to pass the exam, including attending and completing the preparatory course for the exam and completing the exam. The Respondent agreed to pay an administrative penalty of $625.00. The penalty was paid upon execution of the Consent Agreement.



August 18, 2005 - OC&I/Water Pollution File No. WP05-10 re: A&D Sanitation. A&D Sanitation is a septage pumping and transporting business with an address of 63 Ash Avenue, in the Town of Tiverton. A&D Sanitation is currently permitted by the RIDEM to transport septage waste. A&D Sanitation's permit to transport septage waste had expired on April 1, 2003 and was renewed on April 14, 2005. On June 30, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rhode Island Septage, Industrial Wastes and Waste Oil Pumping, Cleaning and Transportation Act and the RIDEM Hazardous Waste Regulations. The violation pertained to the transportation of septage waste on at least 84 days between April 1, 2003 and March 15, 2005 without a required transporter permit. In the NOV OC&I assessed a penalty of $2,000.00. The Respondent complied with the NOV by paying the full administrative penalty of $2,000.00.



August 19, 2005 - OC&I/UST File No. 04-03903 re: Thomas E. Badway for property located at 1052 North Main Street, Assessor's Plat 1, Lot 7 in the City of Providence. On December 9, 2004 the OC&I issued a NOV alleging that the Respondent violated RIDEM's UST Regulations and the Oil Pollution Control Regulations. The violations pertained to Respondent's removal and permanent closure of four USTs at the property. During the closure project, oily sludge and soil was removed from the USTs during the cleaning process and placed into four 55-gallon drums. Respondent's UST Closure Assessment Report did not contain documentation of proper disposal of the four containers. Respondent's failure to produce and submit documentation of proper disposal of the containers is a violation of the UST Regulations and the Oil Pollution Control Regulations. The OC&I assessed a penalty in the amount of $6,250.00 for Respondent's non-compliance with the Regulations. The Respondent filed an appeal of the NOV to the AAD. Prior to hearing the Respondent and the OC&I agreed to mediate the contested enforcement case. As a result of mediation, the Respondent and the OC&I agreed to execute a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $3,000.00. The penalty has been paid in full.



August 22, 2005 - OC&I/Water Pollution File No. WP 04-09 re: Town of Middletown. The town is the owner and operator of a wastewater collection system that includes but is not limited to the Wave Avenue pumping station (the Wastewater Collection System). On June 17, 2004, OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM Water Quality Regulations and RIDEM's Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertained to the discharge of pollutants (in the form of sewage) into the waters of the State from the Wave Avenue pumping station. Six (6) discharges with a total of 2.78 million gallons of partially treated sewage occurred between March 2003 and April 2004. The sewage discharged into Easton's Bay, which is designated a Class SA water and is suitable for shell fishing, primary and secondary contact recreation, and fish and wildlife habitat. Prior to the issuance of the NOV, the Respondent had initiated studies of the Wastewater Collection System to identify the sources of Infiltration/Inflow that were the cause of the sewage overflows. In the NOV the Respondent was ordered to complete the studies of the Wastewater Collection System, install alarms to alert staff of sewage overflows, post signs to advise the public of the sewage overflows, submit a plan to monitor the water quality of Easton's Bay, and submit revised procedures for minimizing/mitigating sewage overflows. OC&I assessed a penalty in the amount of $79,350.00. The Respondent filed an appeal of the NOV with AAD. The Respondent completed numerous actions to comply with the NOV, which included the submission of a sanitary sewer evaluation survey report; the submission of a physical assessment report on the Wave Avenue pumping station; the submission of a scope of work to rehabilitate/replace manholes and sections of sewers; the installation of a level sensing system to alert town officials of sewage overflows from the Wave Avenue pumping station; and procedures to manually disinfect sewage overflows at the Wave Avenue pumping station. Prior to a hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to complete all work on the rehabilitation/replacement of manholes and sections of sewers; finalize the Wastewater Collection System studies and complete all work based on the findings; complete all work to repair the Wave Avenue pumping station identified in the physical assessment report; post signs to advise bathers and surfers of potential bacterial contamination from the Wave Avenue pumping station and storm water drainage pipes that discharge in close proximity to the public and private beaches; initiate monitoring of Easton's Bay for fecal coliform and enterococci; submit standard operating procedures and manuals to RIDEM on proper operation and maintenance of the Wastewater Collection System; and issue notices to all sewer users advising them to disconnect all roof leaders and sump pumps from the sewerage system. The Respondent agreed to a cash penalty of $11,000.00 and a Supplemental Environmental Project (SEP) of $25,000.00. The SEP involves (1) the installation and maintenance of an ultraviolet radiation treatment system for the primary storm water outfall at Easton's Point or (2) the installation and maintenance of a Vortech (or equivalent) storm water treatment system at one or more storm water outfalls to Bailey Brook. The Respondent agreed to pay the cash penalty and submit the SEP proposal within 90 days of execution of the Consent Agreement.



August 24, 2005 - OC&I/Water Pollution File No. 05-08 re: Clean Care of New England, Inc. The Respondent is a registered business with the State of Rhode Island that provides janitorial and related services including building, house and window cleaning. On April 7, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM Water Quality Regulations and the RIDEM Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of wastewater from a van owned by the Respondent into a storm drain located on Lake Garden Drive in the City of Cranston. The wastewater was generated from a sewage cleanup in the basement of a residential dwelling. The storm water drain discharges into a 1.4-acre wetland on the north side of Plainfield Pike. In the NOV OC&I ordered the Respondent to submit a standard operating procedure (SOP) 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. The Respondent filed an appeal of the NOV with AAD. The Respondent submitted an SOP that the Respondent's employees will follow to ensure that all wastewater generated by the company is properly disposed. The SOP was reviewed and approved by the OC&I. Prior to the hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a penalty of $2,250.00 that was paid upon execution of the Consent Agreement.



August 29, 2005 - OC&I/AIR File No. 05-03 re: Ira Green, Inc. for Respondent's facility located at 177 Georgia Avenue in the City of Providence. On May 18, 2005 the OC&I issued a NOV alleging that the Respondent violated RIDEM's Air Pollution Control Regulations ("APC") and Rhode Island's Clean Air Act. The facility is a stationary source of air pollutants and has the potential to emit regulated air pollutants in excess of the applicability thresholds of APC Regulation No. 22, "Air Toxics". The Respondent is subject to an Air Toxics Operating Permit issued by RIDEM's Office of Air Resources. The Respondent operates an organic solvent cleaning machine using trichloroethylene or TCE. The solvent cleaning machine is subject to APC Regulation No. 36, entitled "Control of Emissions from Organic Solvent Cleaning". The violations pertain to Respondent's failure to properly comply with its Air Toxics Operating Permit by exceeding emission limits for TCE. The Respondent's permit allows for annual emissions of only 3,300 pounds per year; however, the Respondent exceeded this amount by emitting 4,971 pounds of TCE in 2001, 8,442 pounds in 2002 and 7,655 pounds of TCE in 2003. Additional violations include Respondent's failure to provide a compliant cover for its solvent cleaning machine, failure to provide a compliant solvent spray apparatus, failure to transfer liquid solvent using proper equipment, failure to operate the solvent cleaning machine properly, failure to perform weekly inspections, failure to monitor the speed of the automated parts handling system, failure to perform weekly temperature measurements, failure to perform semi-annual safety switch testing, and failure to maintain monitoring records for those operations listed. The Respondent also failed to submit required notification, exceedance reports and compliance reports to the RIDEM. In the NOV, OC&I ordered the Respondent to comply with the applicable APC Regulations and its Air Toxics Operating Permit and assessed a penalty in the amount of $20,500.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent complied with the order portion of the NOV. The OC&I and the Respondent agreed to a reduced penalty in the amount of $15,200.00. The Respondent agreed to pay $3,200.00 upon execution of the Consent Agreement with the remaining $12,000.00 to be paid in 12 equal and consecutive monthly installments of $1,000.00.

 

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

August 30, 2005 - Superior Court Case File No. C.A. No. PC - 03-5513 re: Jan H. Reitsma, in his capacity as Director, RI Department of Environmental Management, Plaintiff vs. Charles T. Cove and Cove Metal Co., Inc. Defendants relating to OC&I/LUST File No. 01-328 re: Charles T. Cove and Cove Metal Co. for property located at 65 Mill Street, Assessor's Map 179, Lot 59 in the Town of Burrillville. On July 24, 2001, the OC&I issued a NOV to the Defendants alleging that the Defendants violated Rhode Island's Water Pollution Act, Oil Spill Pollution Prevention and Control Act, and Refuse Disposal Act along with RIDEM's Oil Pollution Control Regulations and its UST Regulations. The violations pertained to Defendants' release of oil into ground water on the property and into the nearby Branch River. The OC&I alleged that oil discharged from two underground 30,000-gallon fuel oil tanks abandoned on the property resulting in pollutants entering waters of the state. The Defendants failed to register the USTs, abandoned them on site and also allowed up to 1000 cubic yards of solid waste to be maintained on the property. The OC&I ordered final clean up of the property including the removal of all solid waste, closure of the USTs on site and reimbursement of all funds expended or that may be expended for DEM's investigation and remediation of the contamination. A penalty in the amount of $48,130.00 was assessed against the Defendants. The Defendants filed and appeal of the NOV with the AAD.



A hearing on the enforcement action was held before the AAD on September 10, 11, and 16, 2002. A recommended Decision and Order was issued by the AAD on March 31, 2003. The Administrative Hearing Officer sustained OC&I's NOV and ordered the Defendants to remove all solid waste from the property within 90 days of receipt of the Decision and Order, dispose of the solid waste in accordance with RIGL §23-18.9-5(a), submit documentation of proper disposal to the OC&I, conduct a Site Investigation Report in accordance with the UST Regulations, conduct a Corrective Action Plan if required, continue operation of all remediation procedures, continue submission of required quarterly status reports, reimburse DEM for any outstanding funds it has expended or may expend in the investigation and/or remediation of the contamination and pay an administrative penalty in the amount of $48,130.00 within 30 days from the date of the Final Agency Order. The Director of RIDEM entered the Recommended Decision and Order as a Final Agency Order on April 1, 2003.



On February 24, 2004, in lieu of a full hearing in Superior Court regarding the enforcement action, the Plaintiff and the Defendants executed a Consent Order with the Superior Court's consent. The Consent Order requires the Defendants to remove all solid waste from the property within 150 days of the effective date of the Consent Order, dispose of the solid waste in accordance with RIGL §23-18.9-5(a), submit documentation of proper disposal to the OC&I, conduct a Site Investigation Report in accordance with the UST Regulations, conduct a Corrective Action Plan if required, continue operation of all remediation procedures, continue submission of required quarterly status reports, reimburse RIDEM for any outstanding funds it has expended or may expend in the investigation and/or remediation of the contamination and pay an administrative penalty in the amount of $43,000.00 within 30 days from the date of the Final Agency Order. The Defendants have paid the penalty in full. Plaintiff RIDEM is monitoring compliance with the Consent Order.



On or about August 30, 2005, Plaintiff RIDEM filed a Dismissal Order with the Superior Court to resolve this enforcement matter. The Defendants have complied with all requirements of the Consent Order. The case is considered closed.