August 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 August 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:

August 1, 2011 - Septic System File CI 10-132 re: Louis C. Macchiarola for property located at 930 Mendon Road, Assessor's Plat 34, Lot 117 in the town of Cumberland. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On December 13, 2010 the OC&I inspected the property and documented the violation. On April 7, 2011 the OC&I issued an informal written notice to the Respondent for the violation. The Respondent failed to comply with the notice. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,000.00.



August 1, 2011 - Septic System File CI 10-137 re: Debra A. Roy and James E. Roy for property located at 44 Old Angell Road, Assessor's Plat 39, Lot 200 in the town of Cumberland. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On December 10, 2010 the OC&I inspected the property and documented the violation. On December 14, 2010 the OC&I issued an informal written notice to the Respondents for the violation. The Respondents failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to connect the sewerage system at the property to the public sanitary sewerage system and properly abandon the OWTS in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $800.00.



August 3, 2011 - Dam File No. 742 (Creamer Dam) re: Manuel Laureanno and Laureanno Development Corporation for property located on the east of Main Road, south of West Ridge Road and north of the northern end of Mallard Lane, in the town of Tiverton. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondents own the dam. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Dam Safety. The violations pertain to the failure of the owners to maintain the dam in a safe condition and the failure to register the dam. On September 15, 2010 the OC&I issued a certified letter to the Respondents that included a registration form for Dam 742. The Respondents were required to complete and return the registration form to the OC&I by October 11, 2010. The Respondents have failed to submit the registration form. On September 29, 2010 DEM inspected the dam. The inspection revealed excessive vegetation on the upstream and downstream slopes of the dam embankment and the crest of the dam (from about 400 feet from the left end of the dam to the right end of the dam) that did not allow a proper inspection to be performed. In the NOV, the OC&I ordered the Respondents to take the following actions: complete and submit the registration form to the OC&I; remove the excess vegetation from the dam embankment; retain a professional engineer with experience in dam inspections to inspect the dam; submit a report of the findings of the inspection to the OC&I (Inspection Report); and submit an application to the OC&I along with a schedule to repair any components of the dam that the Inspection Report concludes require repair. The OC&I did not assess an administrative penalty.



August 9, 2011 - Freshwater Wetland File No. FW C08-0009 re: Joseph Accaoui and Antoinette Accaoui for property located at 10 Grandstand Drive, Assessor's Plat 42, Lot 219 in the town of Lincoln. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of at least soil material), installing a chain link fence, portions of a paved basketball court, and maintaining a manicured lawn within Perimeter Wetland and clearing, filling (in the form of at least soil material), installing a chain link fence, a portion of a paved basketball court and an in ground swimming pool with Riverbank Wetland. This activity resulted in the unauthorized alteration of approximately 15,400 square feet of freshwater wetland. The OC&I inspected the property on October 31, 2007, January 8, 2008 and May 29, 2008 and documented the violations. On July 9, 2008 the OC&I issued an informal written notice to the Respondents for the violations. The notice required specific actions to correct the violations. The OC&I met with the Respondents on numerous occasions to attempt to resolve the violations. On May 19, 2011 the Respondents submitted a plan to resolve the violations, which was approved by the OC&I. On July 19, 2011 the OC&I inspected the property and determined that the Respondents completed all the work in accordance with the approved plan. In the NOV, the OC&I ordered the Respondents to maintain the plantings that were installed as shown on the approved plan. The OC&I assessed an administrative penalty of $8,000.00.



August 24, 2011 - Solid Waste File No. SW 2010-15 re: Nine Howard Development, LLC for a property located at 9 Howard Avenue, Assessor's Plat 96, Lot 18.001 in the town of Coventry. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act, the RIDEM's Rules and Regulations for Hazardous Waste Management (Hazardous Waste Regulations) and the RIDEM's Oil Pollution Control Regulations (OPC Regulations). The violations pertain to the following: depositing of solid waste on the ground (consisting of construction and demolition (C&D) debris, used tires, tile, a black 55-gallon steel drum (Drum), wooden pallets, a deteriorated trailer, a computer monitor, a television set, and other mixed solid waste); failure to notify the RIDEM about a release of oil onto the land; and failure to determine if the liquid in the Drum, the television set and the computer monitor is hazardous waste. The OC&I inspected the property on February 29, 2008, July 23, 2008, May 4, 2010, and December 9, 2010. On each inspection the OC&I documented solid waste deposited on the ground. As of the December 9, 2010 inspection, approximately 300 cubic yards of waste was deposited on the ground. The Drum was first observed on May 4, 2010 and was labeled Petroleum Derivative (Oil Mist). The Drum was upright on the May inspection and was lying on its side on the December inspection. Dark soil consistent with oil staining was present around the Drum (Contaminated Soil). On March 28, 2008 and June 2, 2010 the OC&I issued informal written notices to the Respondent. The Respondent failed to comply with the March notice and failed to respond to or comply with the June notice. In the NOV, the OC&I ordered the Respondent to take the following actions: immediately cease the further discharge of any of the liquid within the Drum; voluntarily declare the liquid in the Drum, the Contaminated Soil, the computer monitor and the television set to be hazardous waste or test the liquid in the Drum, the Contaminated Soil, the computer monitor and the television set in accordance with the RIDEM's Hazardous Waste Regulations to determine if it is hazardous waste; remove all of the hazardous waste from the property using a RIDEM permitted hazardous waste transporter; remove all solid waste from the property (including the Drum, the Contaminated Soil, the computer monitor or the television set, if these are not hazardous waste) and dispose of it at a licensed solid waste management facility; and collect soil samples from the excavation around the Drum to verify that the remaining soils meet the soil objectives of the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Materials. The OC&I assessed an administrative penalty of $15,000.00.



August 24, 2011 - Underground Storage Tank File No. 2010-00914 re: Kisco LLC for property located at 957 Broad Street, Assessor's Plat 2, Lot 21 in the city of Central Falls. The property includes a gasoline station and five underground storage tanks used for the storage of petroleum products (USTs). The Respondent owns the property and operates the facility. The facility was the source of a release of petroleum to the land. As part of the investigation of the release, groundwater monitoring wells were installed on the property. The OC&I alleges that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations) and the RIDEM's Groundwater Quality Regulations (Groundwater Regulations). The violations pertained to the Respondent's failure to: compile inventory control records for three of the USTs, consistent with the requirements of the UST Regulations; close the groundwater monitoring wells on the property; and properly abandon one of the USTs, which was used to store used oil and has been abandoned. On December 7, 2009 the RIDEM issued a letter to the Respondent requiring the closure of the groundwater monitoring wells in accordance with the Groundwater Regulations. On March 18, 2010 the OC&I inspected the facility and documented the violations. On April 14, 2010 and November 23, 2010 the OC&I issued informal written notices to the Respondent for the violations. The Respondent failed to comply with the notices. On January 13, 2011 the RIDEM mailed a bill to the Respondent for payment of $2,575.00 in registration and late fees. The Respondent has failed to pay the bill. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations the Groundwater Regulations and pay the registration and late fees. The OC&I assessed an administrative penalty of $9,941.00.



August 24, 2011 - Water Pollution File No. 11-043 re: Rhode Island Army National Guard for property located at 104 Airport Street in the town of North Kingstown. On November 25, 2008 the RIDEM issued a General Permit for Stormwater Discharge Associated with Construction Activity. The permit requires the Respondent to: inspect all pollution prevention measures at least once every seven days; revise any pollution prevention measures found to be non-compliant no later than seven days following the inspection; and prepare and sign reports that document the results of the inspections. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The violation pertains to the failure to prepare and sign inspection reports related to the demolition/construction of a hangar at the property as required by the permit. On May 6, 2011 the RIDEM inspected the property and documented the violation. Respondent submitted to RIDEM an application for a general permit. In the NOV, OC&I assessed an administrative penalty of $500.00.

Formal Enforcement Cases Settled or Resolved:

August 3, 2011 - Oil Pollution Control File No. 2007 441 OPC re: Cory's Petroleum, Inc. for two different properties located at 45 Oakwood Drive, Assessor's Plat 49, Lot 80 in the town of Scituate (Scituate Property) and 19 St. James Lane, Assessor's Plat 18, Lot 146 in the town of Glocester (Glocester Property). Keith R. and Stephanie A. Parker own the Scituate Property, and Robert B. Kelman owns the Glocester Property. The Respondent is in the business of distributing fuel oil. On June 19, 2008 the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Oil Pollution Control Act and the RIDEM's Oil Pollution Control Regulations. The violations pertained to the Respondent's release of fuel oil at the Scituate Property and the Glocester Property and its failure to properly cleanup the oil and report the releases to the RIDEM. On or about 12 March 2007 the Scituate Fire Department, following notification from the property owners, notified the RIDEM that an oil spill had taken place on the Scituate Property. RIDEM investigated the matter and determined that the Respondent delivered No. 2 heating oil to the Scituate Property on 6 March 2007 and that approximately 45 gallons of oil was released onto the surface of the ground. The Respondent did commence clean up of the Scituate Property on 14 March 2007 but then ceased all cleanup activities after Respondent's driver claimed that he did not cause the release/spill. Approximately 60 - 70 tons of oil spill cleanup debris was left on the Scituate Property. The Respondent's clean up contractor obtained groundwater samples from the drinking water wells installed on the Scituate Property and an abutting property at 41 Oakwood Drive in Scituate but failed to submit a copy of the laboratory's analytical report to the RIDEM. The owner of the Scituate Property hired a consultant/contractor to complete the removal of all oil- contaminated soil from the property. On or about 22 June 2007, the owner of the Glocester Property notified the RIDEM that an oil spill had taken place on the Glocester Property. The RIDEM investigated the matter and determined that the Respondent delivered oil to the Glocester Property on 13 June 2007 and overfilled the aboveground storage tank installed on the property. An unknown quantity of oil was released to the ground in and around the fill and vent pipes associated with the aboveground tank, onto a wooden deck, and approximately three gallons of oil was released to the basement of the home on the property. The owner of the Glocester Property completed the clean up of oil from the basement of the home on the property. The removal of oil-contaminated soil has yet to take place from the Glocester Property. In the NOV, the OC&I ordered the Respondent to remediate the oil spill release at the Glocester Property. The OC&I assessed an administrative penalty of $12,437.66. The Respondent filed an appeal of the NOV with AAD. On October 12, 2010 and October 13, 2010 an administrative hearing was held at AAD. On August 3, 2011 the AAD hearing officer issued a Decision and Order upholding the NOV and ordering the Respondent to comply with the Order section of the NOV and pay the administrative penalty of $12,437.66.



August 9, 2011 - Air File No. 11-06 re: Rhode Island Resource Recovery Corporation for a facility located at 65 Shun Pike in the town of Johnston. On June 8, 2011 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 (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of two natural gas fired emergency generators at sewage pumping stations located on Shun Pike and Austin Way, both in the town of Johnston, without a permit from RIDEM. On September 30, 2010 and October 1, 2010, RIDEM inspected the facility. On January 14, 2011 the Respondent submitted electronic correspondence to RIDEM. The correspondence stated that the emergency generator at the Shun Pike location has a heat input capacity of 1.591 million British thermal units per hour (MBtu/hr) and that the emergency generator at the Austin Way location has a heat input capacity of 0.543 MBtu/hr. The correspondence further stated that the generators were installed on January 22, 2008 and were started up on September 24, 2008. RIDEM's APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with a heat input capacity of 350,000 BTUs or more per hour and an initial start up date on or after November 15, 2007. On April 14, 2011 the Respondent submitted permit applications to RIDEM for the generators. In the NOV, OC&I assessed an administrative penalty of $5,432.00. The Respondent did not file an appeal of the NOV with AAD. The OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $4,432.00, which was paid upon execution of the Agreement.



August 24, 2011 - Septic System File CI 10-112 re: Dinesh Patel for property located at 1200 Putnam Pike, Assessor's Map 10A, Lot 55 in the town of Glocester. The property includes a convenience store and is owned by the Respondent. On June 24, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the store to the surface of the ground. In the NOV, the OC&I ordered the Respondent to retain a licensed OWTS designer to evaluate the system and if it's determined that a repair is needed, to repair the system in accordance with the OWTS Regulations. In the NOV, the OC&I assessed an administrative penalty of $1,600.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent demonstrated to the OC&I that the OWTS was functioning properly and paid a penalty of $400.00 to resolve the NOV.



August 24, 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 the RIDEM 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. On April 19, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 14 - Record Keeping and Reporting and APC Regulation No. 29 - Operating Permits. The violations pertained to the Respondent's failure to comply with the emissions cap and to provide data on emissions of air contaminants by April 15^th of each year to RIDEM. In the NOV, the OC&I ordered the Respondent to comply with the requirements of the emission cap and submit to the RIDEM completed air pollution inventory reports for 2008 and 2009. OC&I assessed a penalty in the amount of $10,000.00. 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 paid a penalty of $3,500.00 to resolve the NOV.



August 24, 2011 - Air File No. 11-12 re: Saint Mary and Saint Mena Coptic Orthodox Church of R.I. for a facility located at 2433 Scituate Avenue in the city of Cranston. On July 22, 2011 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 (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of a 197 horsepower (HP) oil fired emergency generator at the facility without a permit from RIDEM. On May 9, 2011 the Respondent submitted to RIDEM an application for a general permit. The application stated that the emergency generator was installed in September 2010. APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent did not file an appeal of the NOV with AAD and paid a penalty of $500.00 to resolve the NOV.



August 31, 2011 - Air File No. 11-07 re: ACN - Providence, LLC for a facility located at 455 George Washington Highway in the town of Smithfield. The Respondent reconditions metal drums at the facility using various surface coating operations and is a major stationary source of volatile organic compounds. On August 26, 2006 RIDEM issued to the Respondent operating permit no. RI-04-06. The permit requires the Respondent to emit xylene and toluene only from the drum painting and drying operation, with the exception of de minimis emissions from emission unit D001. On July 13, 2011 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control (APC) Regulation No. 19, entitled "Control of Volatile Organic Compounds from Surface Coating Operations" and APC Regulation No. 29, entitled "Operating Permits". The violations pertained to the failure to comply with the permit, the failure to use air dried surface coatings for miscellaneous metal parts with an emission limit of no more than 3.5 pounds of volatile organic compound (VOC) content per gallon of coating (minus water) and the failure to include all information on the permit application for each emission unit that is not considered an insignificant activity. RIDEM inspected the facility on November 10, 2010 and reviewed documents submitted to RIDEM by the Respondent's consultant as a follow up to the inspection. A review of the documents revealed that the Respondent used 900 gallons of an adhesive with the trade name 707 Clear/Red CAM-Bond Spray Contact Cement (Adhesive 707) in calendar years 2006 through 2010 that had 5.65 pounds of VOC per gallon of coating minus water and used 255 gallons of an adhesive with the trade name 808 Clear CAM-Bond Roller Contact Cement (Adhesive 808) in calendar years 2006 and 2007 that had 5.44 pounds of VOC per gallon of coating minus water. Adhesive 707 and Adhesive 808 contained toluene and were used to adhere gaskets to metal drum lids by air drying. The metal drum lids are considered miscellaneous metal parts under the APC Regulations. The application of the adhesive coatings for the purpose of adhering gaskets to metal drum lids is considered an emission unit (Adhesive Coating Emission Unit) and is not considered an insignificant activity under the APC Regulations. The Respondent did not include the Adhesive Coating Emission Unit on the permit application. The Respondent mitigated the violations by replacing the air dried coatings with an adhesive containing neither xylene nor toluene. In the NOV, OC&I assessed an administrative penalty of $12,500.00. The Respondent did not file an appeal of the NOV with AAD and paid a penalty of $7,500.00 to resolve the NOV.



August 31, 2011 - Air File No. 11-14 re: City of Warwick Sewer Authority for a wastewater treatment facility located at 125 Arthur W. Devine Boulevard in the city of Warwick. On July 21, 2011 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 (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of a 2,206 horsepower (HP) diesel fired emergency generator at the facility without a permit from RIDEM. On May 6, 2011 the Respondent submitted to RIDEM an application for a general permit. The application stated that the emergency generator was installed in March 2011. APC Regulation No. 9 requires a minor source permit from RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent did not file an appeal of the NOV with AAD and paid the penalty of $1,000.00 to resolve the NOV.

Superior Court Actions Issued:

August 1, 2011 - Septic System File CI 08-0124 and Superior Court File No. PC 11-4310 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Ronald Demarais and Deborah McClintock for property located at 53 Laurel Street, Assessor's Plat 24, Lot 121 in the town of Hopkinton. The property includes a 1-bedroom single family dwelling. On August 27, 2009 the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violations pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV the Defendants were ordered to pump the OWTS as necessary to prevent overflows of sewage to the ground surface, retain a licensed designer to evaluate the cause of the OWTS failure, and repair the OWTS if necessary. The OC&I assessed an administrative penalty of $2,200.00. The Defendants failed to file an appeal of the NOV at AAD and have failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to come into compliance with the OWTS Regulations and pay the administrative penalty of $2,200.00.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.