December 2002 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 December 2002. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

December 13, 2002 - OC&I/UST File No. 02-00308 re: DB Marketing Company, Inc., DB Companies, Inc. and Cadlerock Properties, LLC for property located on Main Street, Assessor's Plat 5B, Lot 22 in the Village of Wyoming in the Town of Richmond. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertain to a failure to continuously monitor the interstitial space of the double-walled piping for Respondents' UST Nos. 002, 004, 006 and 007 from the time the USTs were installed in 1990 until May 2002. The purpose of the monitoring is to detect the presence of a regulated substance and its vapors. On 14 February 2001, OC&I issued a Letter of Non-Compliance ("LNC") to the Respondents. The LNC informed the Respondents of the alleged violation plus other violations and provided a compliance schedule to be met. The Respondents corrected all other violations but failed to bring the facility into compliance with the UST Regulations in the instance cited. In the NOV, the OC&I ordered the Respondents to comply with the UST Regulations and assessed a penalty in the amount of $6,250.00.



December 16, 2002 - OC&I/Septic System File No. CI 01-211 re: Albert & Carol Glucksman for property located at 884 Tiogue Avenue, Assessor's Plat 29, Lot 230 in the Town of Coventry. The property includes a dental office and multifamily dwelling (2 units). The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the ISDS Regulations). The violation pertains to the discharge of sewage from the septic system for the building to the surface of the ground and into the storm drainage system on Tiogue Avenue. On November 7, 2001, OC&I cited the Respondent for the discharge of sewage to the ground. A licensed designer inspected the system and a report was submitted to OC&I. The report concluded that the system appeared to be functioning properly, but recommended that the system be put on a periodic schedule to monitor its operation. On August 19, 2002 OC&I received a complaint that sewage was again discharging onto the ground. An inspector confirmed the violation on August 26, 2002 and advised the Respondent's secretary at the time of the inspection of the violation and that the system had to be pumped immediately and repaired by a licensed designer. On September 9, 2002 and October 29, 2002 OC&I received further complaints that sewage was continuing to overflow onto the street and into the storm drainage system. In the NOV OC&I ordered the Respondent to cease the discharge of sewage and repair the septic system. OC&I assessed a penalty of $2,000.



December 17, 2002 - OC&I/AIR File No. 02-10 re: Patriot Hauling Co., Inc., J.R.Vinagro Manufacturing and Processing Co., Patriot Disposal Co., Inc., Joseph R. Vinagro Properties, LLC, Enviro Crushing and Screening, Inc. and the JLV Family Limited Partnership for property located at 116 Shun Pike in the Town of Johnston. The OC&I alleges that the Respondents violated Section 23-23-5, paragraph 19 of Rhode Island's Clean Air Act and Air Pollution Control No. 9 entitled "Air Pollution Control Permits". The violation pertains to the installation and operation of a 1204 horsepower diesel-fired internal combustion engine ("generator") used to power process equipment for crushing and screening operations. The Respondents installed and operated the generator without first obtaining a permit from RIDEM. The OC&I alleges that the generator was first installed on or about 1 June 2001. The Respondents have subsequently obtained a permit to install and operate the generator. The OC&I assessed a penalty in the amount of $8,590.00.



December 17, 2002 - OC&I/AIR File No. 02-04 re: Waste Management of Rhode Island, Inc. for property located at 65 O'Keefe Lane in the City of Warwick. The OC&I alleges that the Respondent violated Section 23-23-5, paragraph 19 of Rhode Island's Clean Air Act and Air Pollution Control No. 9 entitled "Air Pollution Control Permits". The violation pertains to the installation and operation of a 750 horsepower diesel-fired internal combustion engine ("generator") used to power process equipment for compost grinding operations. The Respondents installed and operated the generator without first obtaining a permit from RIDEM. The OC&I alleges that the generator was first installed on or about 1 December 1998. The Respondent has subsequently obtained a permit to install and operate the generator. The OC&I assessed a penalty in the amount of $40,027.00.



December 17, 2002 - OC&I/Solid Waste File No. 02-037 re: Louis L. Vinagro III for property located adjacent to Pole 60 � on Shun Pike, Assessor's Plat 32, Lot 44 in the Town of Johnston. The OC&I alleges that the Respondent violated Rhode Island's Refuse Disposal Act. The violations pertain to the disposal of approximately 7,896 cubic yards of processed construction and demolition debris ("C&D") on the property and operating a solid waste management facility without a permit from RIDEM. In the NOV, OC&I ordered the Respondent to cease acceptance and disposal of the C&D and to immediately cease operating a solid waste management facility without a license. The Respondent was ordered to remove all solid waste from the property within 90 days. A penalty of $60,000.00 was assessed in the NOV.



December 31, 2002 - OC&I/Solid Waste File No. 02-034 re: Danya L. Izzo and Metro Waste, Inc. for property located at 6 Shun Pike, Assessor's Plat 31, Lot 43 in the Town of Johnston. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license. The violations pertain to the Respondents receiving, processing and storing construction and demolition debris on the property. The OC&I ordered the Respondents to cease operating a solid waste management facility, cease disposal of C&D on the property and to remove all C&D material to a licensed solid waste management facility within 30 days. A penalty in the amount of $35,000.00 was assessed in the NOV.

Formal Enforcement Cases Settled or Resolved:

December 5, 2002 - OC&I/WETLANDS File No. C00-0573 re: Mark Bard, Frederick Ingalls and Karen Ingalls for property located immediately west of Pound Road, approximately 600 feet southwest of the intersection of Hesspar Road and Pound Road, opposite utility pole number 21, Assessor's Plat 80, Lot 5 in the Town of Westerly. On June 4, 2001, OC&I issued a NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to construction of a portion of a garage and a single-family house and a boulder retaining wall, with associated filling and clearing. The unauthorized activity is within Perimeter Wetland and 100-year Floodplain. The activities resulted in the unauthorized alteration of approximately 1,800 square feet of Wetland and were in nonconformance with a permit that was issued by RDEM to the Respondents. The permit required that all construction activity occur outside the Perimeter Wetland. In the NOV the Respondents were ordered to cease and desist from any further alterations of freshwater wetland and restore the wetland. OC&I assessed a penalty of $4,600. The Respondents filed an appeal of the NOV with the AAD. Prior to the hearing with the AAD, OC&I and the Respondents executed a Consent Agreement wherein the Respondents were allowed to keep the house, garage, and deck that were constructed in the wetland. The Respondents are required to provide a floodplain compensation area equal to the floodplain that was filled and construct a wetland mitigation/replication area in a ratio of 2:1 to replace the area of wetland that will remain altered. The Respondents are also required to install plantings within the portion of the wetland that will be restored and within the newly constructed wetland mitigation/replication area and submit a site plan. All work required under the Consent Agreement must be completed by May 1, 2003. The Respondents also agreed to pay $9,000, which represents the full administrative penalty of $4,600, a review fee of $400 (the fee the Respondents would have paid had they filed a wetland permit application with RIDEM), and an additional $4,000 for the economic benefit of the garage. The penalty of $9,000 was paid upon execution of the Consent Agreement.



December 5, 2002 - OC&I/UST File No. 01-00047 re: Block Island Power Company for property located at 100 Ocean Avenue, Assessor's Plat 17, Lot Numbers 35, 36, 37, 38 and 40 in the Town of New Shoreham. On October 29, 2001, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of RIDEM's UST Regulations. The violations pertained to corrosion protection upgrade requirements, precision testing, installation of spill containment basins, overfill protection, written inventory records and permanent closure of a UST system without prior approval. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $25,200.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to a penalty in the amount of $11,750.00 of which RIDEM agreed to offset $5,866.57 for a Supplemental Environmental Project ("SEP"). The SEP is a pollution prevention project that consists of the replacement of 2 underground heating oil tanks that are exempt from the upgrade and closure assessment standards applicable to commercial USTs under the UST Regulations. The Respondent will replace the 2 USTs with Aboveground Storage Tanks that are double walled, interstitially lined, and are coated steel tanks. All work associated with the SEP is to be completed by April 1, 2003. The cash portion of the penalty ($5,883.43) was paid upon execution of the Consent Agreement.



December 5, 2002 - OC&I/Septic System File No. IS88-2 re: Omer Blanchette for property located at 387 Lake Washington Shores, Assessor's Plat A, Lot 180 in the Town of Glocester. The property includes a single-family dwelling. On February 19, 1988, RIDEM issued a NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the dwelling. In the NOV RIDEM ordered the Respondent to immediately cease the discharge of sewage to the ground and permanently correct the violation. The Respondent failed to request an administrative hearing on the NOV. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I referred the case to mediation. Following mediation of the case, the Respondent agreed to eliminate the sewage discharge by connecting the pipes for the laundry and sinks in the dwelling to the septic system. The Respondent completed the work in August 2002 and OC&I released the NOV and closed the file on this matter.



December 5, 2002 - OC&I/Septic System File No. CI92-134 re: George and Patricia Reis for property located at 156 Colebrook Road, Assessor's Plat 40, Lot 64 in the Town of Little Compton. The property includes a single-family dwelling. On February 4, 1993, RIDEM issued a NOV to the Respondent alleging a violation of the ISDS Regulations. The violation pertained to the installation and use of a septic system for the dwelling without the proper inspections by RIDEM to determine whether the system was installed in accordance with the plans that were approved by RIDEM. In the NOV RIDEM ordered the Respondent to replace the septic system. RIDEM assessed a penalty of $2,000. The Respondent filed an appeal of the NOV with the AAD. Prior to the hearing with the AAD, RIDEM and the Respondent executed a Consent Agreement wherein the Respondent agreed to install a new septic system and pay an administrative penalty of $1,500. The Respondent paid the administrative penalty, but failed to install a new septic system. In lieu of proceeding to Superior Court to enforce the Consent Agreement, the OC&I referred the case to mediation. Following mediation of the case, the Respondent agreed to retain a licensed designer to evaluate the septic system and submit documentation to RIDEM to demonstrate that the septic system was installed in accordance with the approved plan. The Respondent demonstrated to the satisfaction of RIDEM that the septic system was installed properly and the system was conformed on November 29, 2002. OC&I released the NOV and closed the file on this matter.



December 11, 2002 - OC&I/Solid Waste File No. 01-049 re: Jean E. Nassar for property located at 10 Round Hill road, Assessor's Plat 22, Lot 35 in the Town of Foster. On December 27, 2001 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violations pertain to disposal of solid waste at other than a licensed solid waste management facility and operation of a solid waste management facility without a license. In the NOV, the OC&I ordered the Respondent to cease accepting or disposing solid waste on the property, cease the operation of a solid waste management facility, submit a plan of remediation and commence removal of all waste within 10 days of plan approval. All waste was to be removed within 60 days of commencement. A penalty in the amount of $22,500.00 was assessed in the NOV. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. Prior to the execution of the Consent Agreement, the Respondent removed all solid waste from the property. The Respondent agreed to pay a penalty in the amount of $8,750.00 of which $6,500.00 was paid at the execution of the Consent Agreement and the remaining $2,250.00 is to be paid in 12 consecutive monthly installments of $187.50.



December 12, 2002 - OC&I/Wetlands File No. C02-0199 re: Pulte Home Corporation of New England for property located approximately 800 feet east of the intersection of Point Judith Road and Galilee Escape Road, Assessor Plat L, Lot 224-21, in the Town of Narragansett. The property is one of the lots within a 41-lot subdivision that was issued an Insignificant Alteration Permit from RIDEM on June 2, 1995. On September 19, 2002 the OC&I issued a NOV alleging that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling, and excavating approximately 550 square feet of Perimeter Wetland of a Swamp. This violation was 1 of 14 separate NOVs that OC&I issued against the Respondent for wetland violations within the 41-lot subdivision. The 14 violation notices affected 14 separate lots and approximately 22,000 square feet of freshwater wetlands. In addition, OC&I documented wetland violations on several other lots; however, no violation notices were issued in these instances. In the NOV OC&I ordered the restoration of the unauthorized altered wetlands and assessed a penalty of $1,000. The Respondent filed an appeal of the NOV with the AAD. Prior to a hearing with the AAD the Respondent completed all wetland restoration and paid the full penalty of $1,000.00. The Respondent also agreed to monitor the plantings for one year and replace them if necessary.



December 18, 2002 - OC&I/AIR File No. 02-06 re: The Meticulous Paint Job, Inc. for property located at 469 Bellevue Avenue in the City of Newport. On August 28, 2002 the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of Air Pollution Control Regulation No. 24 relating to the "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to the Respondent's failure to properly place impenetrable material on the ground at the paint removal work site, attach ground sheeting to the ground by staking or weighing down, securely seal doors and windows on walls being machine sanded, place vertical containment shrouds to prevent lead paint debris from escaping the work area, meet regulatory requirements when using mechanical methods to remove paint and failing to collect and contain lead paint removal debris. The Department issued an informal enforcement action to this Respondent in 2001 advising him of the requirements of Air Pollution Control Regulation No. 24. The OC&I assessed a penalty in the amount of $8,250.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent had already complied with the clean up requirements of the NOV. The Respondent agreed to and has paid a penalty in the amount of $5,600.00.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved for this month.