February 2001 Enforcement Action Summary

Actions Issued

Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of February 2001. 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:

February 14, 2001 - OC&I/AIR File No. 01- 05 - NOV re: Metals Recycling, LLC for property located at 89 Celia Street, in the Town of Johnston. The OC&I alleges that the Respondent on 2 occurrences violated Air Pollution Control Regulation No. 17 related to "odors" by causing objectionable odors beyond the property line of the facility. These occurrences took place following issuance of a NOV to the Respondents on September 21, 2000 and November 17, 2000. The OC&I ordered compliance with the regulation to cease objectionable odors from migrating beyond the property line. A penalty in the amount of $10,000.00 was assessed against the Respondent. The Respondent has appealed the NOV to the AAD.

February 16, 2001 - OC&I/AIR Lead Paint File No. 01 - 03 - NOV re: W. Artesani & Sons, Inc., Builders of 1704 Broad Street, Cranston for property located at 52 Vassar Avenue in the City of Providence. The OC&I alleges that the Respondent violated multiple sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". These violations pertain to notification, removing or covering play equipment or furnishings, ground sheeting, vertical containment, use of a sanding machine without a HEPA vacuum, manual scraping without misting the surface, and collection/containment of spent abrasive, paint and other debris. The OC&I assessed a penalty of $5,750.00 against the Respondent.

February 16, 2001 - OC&I/SW/MEDICAL WASTE File No. 01- 016 re: Louis J. Giuliano, Jr. of 55 Campbell Avenue, Providence. The OC&I alleges that the Respondent transported medical waste without a permit in violation of RI General Law Section 23-19.12-8 and Regulations DEM-DAH-MW-01-92 Section 14.01(a). The Respondent was ordered to cease transportation of regulated medical waste in RI and to obtain a permit for any further transportation of regulated medical waste. The OC&I assessed a penalty of $1,950.00.

February 16, 2001 - OC&I/SW/MEDICAL WASTE File No. 00 - 051 re: Associated Processor & Medical Waste Services of P.O. Box 832, Natick, MA. The OC&I alleges that the Respondent transported medical waste on at least two occurrences without a permit in violation of RI General Law Section 23-19.12-8 and Regulations DEM-DAH-MW-01-92 Section 14.01(a). The Respondent was ordered to cease transportation of regulated medical waste in RI and to obtain a permit for any further transportation of regulated medical waste. The OC&I assessed a penalty of $6,000.00.

February 20, 2001 - OC&I/Solid Waste File No. 01- 18 re: N.E. Ecological Development, Inc. (N.E.E.D.) for N.E.E.D.'s Transfer Station/Wood Recovery Facility located at 23 Green Hill Road, Assessor's Plat 32, Lots 14, 21, 22 and 25, in the Town of Johnston. The OC&I alleges that the Respondent on 17 occurrences from August 4, 2000 to February 14, 2001 violated Rule 1.4.03 (c) of the Rules and Regulations for Composting Facilities and Solid Waste Management Facilities relating to objectionable odors beyond the property line of the facility. The OC&I ordered compliance with the regulation to prevent objectionable odors from migrating beyond the property line. A penalty in the amount of $106,250.00 was assessed against the Respondent. The amount of penalties in this case as compared to previous NOVs result from a change in the Refuse Disposal Act where higher penalty amounts were authorized by legislative action in the 2000 legislature.

February 20, 2001 - OC&I/Solid Waste File No. 01- 17 and AIR File No. 01- 02 re: The Rhode Island Resource Recovery Corporation for property located at 65 Shun Pike, Assessor's Plat 14, lot 402, in the Town of Johnston. The OC&I alleges that the Respondent on 8 occurrences from November 29, 2000 to February 9, 2001 violated Rule 1.4.03 (c) of the Rules and Regulations for Composting Facilities and Solid Waste Management Facilities relating to objectionable odors beyond the property line of the facility. The OC&I also alleged that the Respondent violated Condition #3 of a September 30, 1999 approval from the Office of Air Resources requiring the Respondent to report any breakdown or malfunction of a landfill gas control flare at the facility. The Respondent did not submit a report as required. The OC&I ordered compliance with the regulations and the approval letter and assessed a penalty in the amount of $51,000.00. The amount of penalties in this case as compared to previous NOVs result from a change in the Refuse Disposal Act where higher penalty amounts were authorized by legislative action in the 2000 legislature. The Respondent has appealed the NOV to the AAD.

February 27, 2001 - OC&I/RCRA File No. 00-011 re: US Optica, Inc. for property located at 86 Tupelo Street, Assessor's Plat 26, Lot 5, in the Town of Bristol. The OC&I alleges that the Respondent violated multiple sections of the Rhode Island Rules and Regulations for Hazardous Waste Management and applicable sections of Title 40 of the Code of Federal Regulations relating to hazardous waste. The violations pertain to the Respondent's failure to: properly mark and label containers of hazardous waste; keep containers of hazardous waste closed; determine if wastes are hazardous; provide adequate secondary containment for hazardous waste containers; conduct weekly inspections of stored hazardous waste; report releases and maintain adequate spill control equipment. OC&I's inspections and actions prior to the issuance of the NOV resulted in the Respondent's removal of most of the hazardous waste from the property. The Respondents were ordered to continue the removal of any remaining hazardous waste from the facility and continue with any necessary clean up. A penalty was assessed in the amount of $45,316.80.

Formal Enforcement Cases - Settled or Resolved

February 6, 2001 - OC&I/LUST File No. 00-3256 re: Medea, L.L.C. and D.T.P., Inc. for property located at 186 Main Street, Assessor's Plat 57-1, lot 56 in the Town of South Kingstown. On November 16, 2000, the OC&I issued an NOV to Respondents alleging that Respondents violated the Rhode Island General Laws pertaining to Water Pollution, the Oil Pollution Control Regulations and portions of RIDEM's UST Regulations. The violations pertained to the discharge of pollutants in the form of oil and/or petroleum products to waters of the State; precision testing requirements; developing and maintaining inventory control records; site investigation and submission of a Site Investigation Report; and requiring the submittal of Closure Assessment Reports within 30 days of tank closure. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $51,610.00. The Respondents requested a hearing before the AAD. Prior to hearing, the OC&I and Respondent DTP, Inc. executed a consent agreement to resolve DTP's portion of the NOV wherein Respondent DTP, Inc. agreed to pay $12,860.00 in administrative penalties for its noncompliance with the law and regulations. The agreement does not resolve any allegations against co-Respondent Medea, LLC.

February 6, 2001 - OC&I/AIR Files No. 00- 01 and 00- 02 re: John A. Meloccaro d/b/a J & R Builders relating to property at 421 Main Street, in the Town of Warren and property at 80 Holly Street, in the City of Providence. On May 24, 2000, the OC&I issued two separate NOVs to the Respondent alleging that the Respondent violated Sections of Air Pollution Control Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The OC&I ordered compliance with the regulations and assessed a penalty of $500.00 for the Warren site and $3,000.00 for the Providence site. The Respondent filed an appeal of the NOVs to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOVs wherein it was acknowledged that the Respondent was in full compliance with the orders set forth in the NOVs. The Respondent agreed to pay a penalty in the amount of $2,400.00 over a scheduled period of time to resolve both cases.

February 8, 2001 - OC&I/AIR File No. 98-01-NOV re: The City of Woonsocket relating to its Wastewater Treatment Facility and the Woonsocket Regional Wastewater Commission Incinerator Facility at 15 Cumberland Hill Road. On March 3, 1999, the OC&I issued a NOV to the Respondent alleging that the Respondent violated portions of Air Pollution Control Regulation ("APCR") No. 27. This violation related to the lack of an enforceable document issued by the Director to ensure the facility is in compliance with Reasonable Available Control Technology ("RACT"). The NOV also alleged violations of APCR No. 29 entitled "Operating Permits" since the Respondent failed to submit a timely and complete application under the operating permit program. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $2,000.00. The Respondent filed an appeal of the NOV with the AAD. On February 8, 2001, the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein the Respondent and the operator of the facility agreed to comply with the APCRs and agreed to pay a penalty in the amount of $2,000.00.

February 12, 2001 - OC&I/UST File No. 99-HAMLET re: Hamlet properties, LLC and Arnold Kilberg for property located at 111 Wayland Avenue, Assessor's Plat 15, Lot 401 in the City of Providence. On January 10, 2000, the OC&I issued a NOV to the Respondents for violations of RIDEM's Regulations for Underground Storage Facilities used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to an unregistered UST, spill containment basins, and release reporting requirements. The OC&I ordered the Respondents to submit a permanent closure application for the facility, complete the removal of the UST at the site and pay a penalty in the amount of $9,470.00. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondents executed a consent agreement to resolve the NOV wherein it was agreed that the Respondents have removed the UST and were able to show some compliance with the UST Regulations. The penalty was reduced to $2,970.00 to be paid over a scheduled period of time.

February 19, 2001 - OC&I/AIR File Nos. 99 - 02 NOV and 99 - 09 NOV re: The RI Department of Mental Health, Retardation and Hospitals (MHRH). On February 10, 1999, the OC&I issued a NOV to the MHRH relating to its Central Power Plant at 600 New London Avenue in the City of Cranston. The NOV alleged that the Respondent's facility is a major stationary source of criteria air pollutants. The Respondent violated portions of APCR No. 27 entitled "Control of Nitrogen Oxides Emissions" when they failed to obtain a RACT approval issued by the Director, exceeded emissions of nitrogen oxides, and failed to properly equip their institutional boilers with low nitrogen oxide burners and flue gas re-circulation or equivalent control. Respondent's noncompliance with NO_x RACT requirements commenced and continued from October 1994 and its noncompliance with equipment requirements commenced and continued from May 1995. The RIDEM warned the Respondent over the years that they were required to be in compliance with the APC Regulations. In the NOV, the OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $109,216.00. On June 17, 1999, the OC&I issued a NOV to the MHRH relating to its Zambarano Hospital on Wallum Lake Road in the Town of Burrillville. The NOV alleged that the Respondent's facility is a major stationary source of criteria air pollutants and violated portions of APCR No. 29 entitled "Operating Permits" for Respondent's failure to submit a timely and complete permit application and operating without a permit in noncompliance with the Regulations. Despite RIDEM's written notification informing the Respondent of its obligations to comply with the Regulations, Respondent's noncompliance with the Regulations commenced and continued from 1997. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $22,000.00. The Respondent filed an appeal of the NOVs with the AAD. Prior to hearing, the Respondent and the OC&I executed a consent agreement to resolve the NOVs. The agreement acknowledged that the Respondent has now submitted a complete operating permit application for its Central Power Plant and its Zambarano Hospital and showed how it will use Emission Reduction Credits at its Zambarano Hospital to offset excess emissions generated at its Cranston Central Power Plant facility. The Respondent also agreed to enter into an enforceable document that specifies Reasonable Available Control Technology for NO_x for the Cranston facility. The Respondent paid all penalties in full amounting to $131,216.00.

February 20, 2001 - OC&I/License No. L0782 Septic System File No. CI00-73 re: Kevin Theroux for property located at 379 Arnold Road, Assessor's Plat 14, lot 5, in the Town of Coventry. On November 6, 2000, the OC&I issued a NOV to the Respondent for allegedly violating Rhode Island General Law Section 5-56-7 relating to requirements for licensed septic system installers and Section SD 2.01(a) of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violations pertained to altering and repairing an existing septic system without approval from the director. The OC&I ordered that License No. L0782 issued to the Respondent be suspended for six (6) months and assessed a penalty in the amount of $1000.00. The Respondent appealed the NOV to the AAD. Prior to the hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOV. The Respondent agreed to a suspension of his license for a period of three (3) months commencing on Feb. 20, 2001 and agreed to pay a penalty in the amount of $500.00.

February 23, 2001 - OC&I/Water File No. 1131C re: Lakeview Farm, Inc. On April 30, 1993, the DEM Division of Water Resources (DWR) issued a NOV to the Respondent for allegedly violating Rhode Island General Law Chapter 46-12 and the Water Quality Regulations for Water Pollution Control. The violations related to the illegal disposal of wastewater sludge on private property in the City of Warwick in nonconformance with the approval that was issued by DEM. The DWR ordered the sludge to be removed from the property and assessed a penalty in the amount of $10,871.50. The Respondent appealed the NOV to the AAD. The sludge was removed from the property and properly disposed at the Central Landfill in Johnston in 1993. The penalty that was assessed was based on the DEM's belief that the Respondent was directly involved in the illegal disposal of the wastewater sludge and as the principal contractor for the project had primary responsibility for the proper disposal of the sludge at the Central Landfill.

An investigation by the DEM's Office of Criminal Investigation after the issuance of the NOV determined that the Respondent was not involved in nor had any prior knowledge of the actions of their subcontractor (Robert C. Mitchell) in the illegal disposal of the wastewater sludge. The DEM also learned that the Respondent incurred expenses in excess of $15,000 for the actions of its subcontractor above and beyond the expenses that the Respondent had to pay to remove the sludge from the property. Prior to the hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOV. The Respondent agreed to pay a penalty in the amount of $500.00.

February 26, 2001 - OC&I/AIR - Lead Paint File No.00-04 re: Catanzaro & Sons Painting, Inc. of 115 Hamilton Street, Cumberland for property located at 31 Maple Avenue in the Town of Barrington. On September 28, 2000, the OC&I issued a NOV to the Respondent alleging violations of multiple sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". The violations pertained to notification, ground sheeting, sealing doors and windows during sanding, containment, collection of liquid waste, mechanical removal of lead paint, and using an alternative lead paint removal procedure without approval. The Respondent complied with clean up requirements prior to the issuance of the NOV. The OC&I assessed a penalty of $5,750.00. 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 wherein it was agreed that the penalty would be reduced to $3,700.00. The Respondent has paid the penalty agreed to in the consent agreement.

February 26, 2001 - OC&I/UST File No. 99-01259 re: The House of Glass, Inc. at 2551 Post Road, Assessor's Plat 344, lot 497, Warwick. On May 12, 2000, the OC&I issued a NOV to the Respondent alleging violations of RIDEM's UST Regulations pertaining to abandonment and failure to permanently close abandoned USTs. The OC&I assessed a penalty of $7,500.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOV. It was acknowledged in the consent agreement that the Respondent applied to RIDEM for permission to close the USTs at the property and ultimately completed the closure to the satisfaction of the RIDEM on or before July 5, 2000. The Respondent also showed that it was in compliance with a portion of the UST Regulations. For settlement purposes, the OC&I agreed to reduce the penalty to $1,000.00.