February 2004 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 February 2004. 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 2, 2004 - OC&I/UST File No. 04-03357 re: Greenwich Bay Marina, Inc. located at One Masthead Drive, Assessor's Plat 366, lot 4 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials, ("the UST Regulations"). The violations pertain to inventory record keeping requirements, annual testing of line leak detectors, monthly and annual testing of UST continuous monitoring systems and maintenance of test records. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $10,665.00.

February 04, 2004 - OC&I/Solid Waste File No. 04-001 re: Bradley Real Estate Holding Group, Inc. and Northeast Auto Recycling, Inc. for property located at 16 Canal Street, Assessor's Plat 3, lot 134 in the Town of Smithfield. OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act. The violations pertain to the storage of approximately 15,000 used vehicle tires on the property. In the NOV OC&I ordered the Respondents to immediately commence removal of the used vehicle tires and to remove all used vehicle tires in excess of 400 tires within 90 days of receipt of the NOV. A penalty in the amount of $12,500.00 was assessed in the NOV.

February 4, 2004 - OC&I/ Water Pollution File No. 04-02 re: Middletown Acquisition Group, LLC for property located at 287 Third Beach Road, Assessor's Plat 126, Lot 51 in the Town of Middletown. The Respondent has a horse breeding operation at the Property that includes lessons, boarding, and training of horses and riders. OC&I alleges that the Respondent is in violation of the Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertains to the discharge of pollutants (in the form of horse manure) to the waters of the State from the Property. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on February 9, 2001 requiring corrective action. The Respondent failed to comply fully with the NOI. In the NOV the Respondent was ordered to remove and properly dispose of all manure piles on the Property and submit a plan to control manure runoff from the Property. OC&I assessed a penalty in the amount of $6,250.00.

February 10, 2004 - OC&I/Freshwater Wetlands File No. C02-0253 and C02-0238 re: Elaine Enterprises, Inc. and Lawrence A. Catone for property located immediately north of Division Road, adjacent to house number 2195, approximately 900 feet northwest of the intersection of Division Road and Shippeetown Road, Assessor's Plat 13, Lot 62 in the Town of East Greenwich. OC& I alleges that the Respondents are in violation of the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (Freshwater Wetland Regulations). The violations pertain to constructing a portion of a house (with associated clearing and filling) and installing and maintaining a lawn within freshwater wetlands on the Property. This activity has resulted in the unauthorized alteration of approximately 21,900 square feet of 100-Foot Riverbank Wetland and 50 foot Perimeter Wetland, portions of which are also within 100 year Flood Plain. The work that has occurred on the Property was not conducted in conformance with an Insignificant Alteration Permit issued by RIDEM on July 29, 1998 to Marjorie Lawrence. The Permit authorized the alteration of freshwater wetlands associated with the construction of a single-family dwelling. Respondent Elaine Enterprises, Inc. purchased the Property on March 10, 2000 from Marjorie Lawrence. On March 15, 2000 Respondent Elaine Enterprises Inc. submitted a letter to RIDEM indicating that they were going to begin construction on the Property. The Property was transferred to Lawrence Catone on June 19, 2000 (the current owner). OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on July 25, 2002 requiring restoration of the altered wetlands. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered either to fully restore all altered wetlands (removing the house, all associated fill and replanting) or to submit a restoration plan that would allow the house and an area immediately adjacent to the house to remain. OC&I assessed a penalty in the amount of $1,000.

February 10, 2004 - OC&I/UST File No. 04-00096 re: Colbea Enterprises, LLC, Prospect Development Corporation and St. Angelo Realty Company for property located at 242 County Road, Assessor's Plat 23, Lot 249 in the Town of Barrington. The OC&I alleges that the Respondents violated RIDEM's UST Regulations. The violations pertain to Respondents substantially modifying a registered UST facility without prior written notification to and approval of the Director and their failure to utilize a continuous monitoring system to perform monthly leak tests for single-walled UST systems. In the NOV, OC&I ordered the Respondents to comply with the UST Regulations and assessed a penalty in the amount of $8,750.00.

February 10, 2004 - OC&I/UST File No. 04-01058 re: Cumberland Farms, Inc. for property located at 2261 Pawtucket Avenue, Assessor's Map 406, Block 13, Parcel 1 in the City of East Providence. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to Respondent's failure to precision test its UST systems and submit the test reports, failure to conduct line tightness testing for UST systems, abandonment of its UST systems and temporarily closing a UST system for more than 180 days without the approval of the Director. The OC&I ordered the Respondent to submit past due line tightness testing records for those years that testing was required and assessed a penalty in the amount of $13,089.00.

February 12, 2004 - OC&I/Freshwater Wetlands File No. C03-0078 and Water Pollution File No. WP 04-03 re: the Rhode Island Resource Recovery Corporation (RIRRC) and J. H. Lynch & Sons Inc. (Lynch) for property located at 65 Shun Pike, otherwise identified as Assessor's Plat 43, Lot 402 in the Town of Johnston. Respondent RIRRC operates a solid waste management facility at the Property (the Facility). A Permit to Alter Freshwater Wetlands was issued by RIDEM on January 24, 2003 to Respondent RIRRC. The Permit authorized the alteration of freshwater wetlands associated with the relocation of Cedar Swamp Brook and the Phase V Expansion of the Facility. Respondent RIRRC retained Respondent Lynch to complete the work associated with the Permit. OC&I alleges that the Respondents are in violation of the Water Pollution Act, the Water Quality Regulations, the Freshwater Wetlands Act, and the Freshwater Wetlands Regulations. The violations pertain to the discharge of pollutants (in the form of inorganic sediment, silt, sand, and other soil material) to the waters of the State and the filling of a Pond (Simmons Reservoir) associated with the work Respondent Lynch was completing as authorized by the Permit. The violations also pertain to the failure to comply with the conditions of the Permit requiring installation and maintenance of adequate erosion/sedimentation controls to prevent the discharge of sediment to freshwater wetlands. OC&I assessed a penalty in the amount of $25,000.00.

February 13, 2004 - OC&I/UST File No. 04-01414 re: Warwick Cove Marina, Inc. for property located at 2 Seminole Street, Assessor's Plat 376, Lot 248 in the City of Warwick. The OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violation pertains to Respondent's failure to maintain inventory control records for four (4) USTs of 4,000 gallons each and containing gasoline. In the NOV, OC&I ordered the Respondent to conduct proper inventory control records and to submit written verification of compliance. A penalty in the amount of $7,500.00 was assessed.

February 13, 2004 - OC&I/Septic System File No. CI 99-233 re: Jill M. Wagner for property located at 1440 Putnam Pike, Assessor's Plat 1, Lot 45 in the Town of Glocester. The Property includes a single-family residential dwelling. OC&I alleges that the Respondent is in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent on November 9, 1999 for the septic system failure on the Property. The Respondent failed to comply with the NOI. In the NOV the Respondent was ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $1,200.00.

February 13, 2004 - OC&I/Septic System File No. CI 02-106 re: Duncan & Jean Ingraham for property located at 2749 East Main Road in the Town of Portsmouth, Assessor's Map 34, Lot 34. The Property includes a multi-family (3 unit) residential dwelling. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the sewage disposal system for the dwelling. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on June 11, 2002 for the septic system failure on the Property. The Respondents submitted an application to repair the failed septic system to RIDEM. The application was approved on August 30, 2002, however, the Respondents failed to install the septic system and the approval expired. In the NOV the Respondents were ordered to cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $2,400.00.

February 13, 2004 - OC&I/Freshwater Wetlands File No. C01-0053 re: Glen A. DeCoster and Carol J. DeCoster for property located approximately 700 feet west of Cucumber Hill Road, at Utility Pole Numbers 75 through 77, opposite House Number 76, approximately 3,150 feet south of the intersection of Cucumber Hill Road and South Killingly Road, approximately 1,300 feet northwest of the intersection of Cucumber Hill Road and Gold Mine Road, Assessor's Map 4, Lot 46 in the Town of Foster. Glen and Carol DeCoster purchased the Property on August 3, 2000 for farming purposes. OC&I alleges that the Respondents are in violation of the Freshwater Wetland Regulations. The violations pertain to filling, grading, grubbing, installing culvert pipes, and creating soil disturbance to construct a roadway, installing fencing, and stockpiling materials within freshwater wetlands. These activities have resulted in the unauthorized alteration of approximately 71,900 square feet of Swamp, Streams, Riverbank Wetlands, and Perimeter Wetland. On May 4, 2001 a Notice of Intent to Enforce (NOI) was sent to the Respondents requiring restoration of all wetlands on the Property. On May 17, 2001, a meeting was held between the Respondents and OC&I regarding the required wetland restoration. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to submit to the RIDEM Division of Agriculture a plan to construct the roadway in accordance with USDA "farm road" standards and restore all freshwater wetlands that are not associated with accepted farming practices as determined by the RIDEM Division of Agriculture. OC&I assessed a penalty in the amount of $9,100.00.

February 13, 2004 - OC&I/UST File No. 04-01833 re: Kent County Memorial Hospital for property located at 455 Tollgate Road, Assessor's Plat 256, Lot 80 in the City of Warwick. The OC&I alleges that the Respondent violated RIDEM's UST Regulations. The violations pertain to Respondent's failure to conduct monthly and annual testing of its UST continuous monitoring systems and to maintain test records. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $5,944.00.

February 13, 2004 - OC&I/UST File No. 04-00978 re: Alliance Energy Corp. and Joseph A. Berretto, Jr. for property located at 758 Hope Street, Assessor's Plat 12, Lot 19 in the Town of Bristol. The OC&I alleges that the Respondents violated RIDEM's UST Regulations. The violations pertain to the Respondents' failure to install and operate automatic tank gauging for single walled UST systems, failure to meet inventory record keeping requirements, failure to conduct tank tightness testing and to submit the testing and maintenance records, failure to conduct continuous annular or interstitial space electronic monitoring of double-walled piping systems, failure to conduct an annual test of line leak detectors, failure to conduct monthly and annual tests of the UST continuous monitoring system, and failure to maintain applicable records. The OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $26,401.00.

February 13, 2004 - OC&I/UST File No. 03-03584 re: CGP, LLC, Midland Exchange, LLC, Robert S. Potter, Individually and in his capacity as President of Pro Oil, Inc. and Carole G. Potter d/b/a West Shore Mobil for property located at 2211 West Shore Road, Assessor's Plat 350, lot 241 in the City of Warwick. The OC&I alleges that the Respondents violated RIDEM's UST Regulations. The violations pertain to failing to conduct annual testing requirements for UST leak detection equipment and maintenance of test records, failing to conduct monthly and annual testing of the continuous monitoring system and failing to maintain test records of same. The OC&I ordered the Respondents to provide RIDEM with all applicable test records and assessed a penalty in the amount of $10,030.00.

February 13, 2004 - OC&I/Solid Waste File No. 04-002 re: Russell N. & Shirley M. Perry d/b/a Perry Motors for property located at 136 Chase Hill Road, Assessor's Plat 2, Lot 73 in the Town of Hopkinton. The OC&I alleges that the Respondents are in violation of Rhode Island's Refuse Disposal Act, Vehicle Tire Storage and Recycling Act and RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertain to the Respondents' storage and disposal of approximately 539 cubic yards of mixed solid waste and approximately 1200 used vehicle tires on the property. The Respondents had been advised by RIDEM in the past of their obligation to store no more than 400 used vehicle tires on the property unless they obtained a permit from RIDEM. In addition, Respondents failed to characterize their waste oil stored on the property and to determine if the waste was a hazardous waste. In the NOV, the OC&I ordered the Respondents to immediately arrange for the removal and proper disposal of all solid waste in excess of three (3) cubic yards and the removal of all used vehicle tires in excess of 400 as authorized by the Vehicle Tire Storage and Recycling Act. The Respondents were also ordered to determine if the used oil stored on the property is a hazardous waste. If the used oil is determined to be hazardous, it must be managed and disposed of in accordance with the Rules and Regulations for Hazardous Waste Management. If the used oil is not hazardous, then it must still be removed from the property, as it will be calculated as part of any remaining waste subject to the 3 cubic yard limit authorized by the Refuse Disposal Act. The OC&I assessed a penalty in the amount of $9,750.00.

February 17, 2004 - OC&I/Freshwater Wetlands File No. C01-0122 re: Leslie A. Dagesse and Kathye Toppazzini for property located approximately 150 feet south of Harris Avenue, behind house number 55, approximately 400 feet southeast of the intersection of Harris Avenue and Foxx Drive, Assessor's Plat 26, Lot 195 in the Town of Lincoln. OC&I alleges the Respondents are in violation of the Freshwater Wetland Regulations. The violations pertain to clearing, filling, installing a tennis court, lawn and stone walls, and installing a concrete slab within freshwater wetlands. This activity has resulted in the unauthorized alteration of 3,100 square feet of 100-Foot Riverbank Wetland, portions of which are also 50 foot Perimeter Wetland, and an Intermittent Stream. On June 26, 1995 a Notice of Intent to Enforce (NOI) was issued to the Respondents for unauthorized alterations of freshwater wetlands on the Property. The Respondents agreed to restore the freshwater wetlands to resolve the NOI. On June 6, 1996 an inspection by RIDEM revealed that the wetland was restored to the satisfaction of RIDEM. Inspection of the Property on April 24, 2001 and October 3, 2002 revealed that the Respondents did accomplish or permit new unauthorized alterations of the same freshwater wetlands cited in the previous NOI. The inspector advised Respondent Dagesse of the violations on April 24, 2001. No further efforts were made by the Respondents to contact OC&I after that inspection. Door hangers requesting that the Respondents contact the OC&I were left at the Property on July 29, 2003 and September 18, 2003; however, the Respondents failed to contact OC&I. In the NOV the Respondents were ordered to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $2,000.00.

February 25, 2004 - OC&I/Oil Pollution Control File No. 03-03B re: 1850 Realty Corp. for property located on Rosemere Avenue, Assessor's Plat 329, lots 409 and 410 in the City of Warwick. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, Oil Spill Prevention and Control Act and RIDEM's Oil Pollution Control Regulations. The violations pertain to the release or discharge of petroleum onto or beneath the land surface in a location where it is likely for pollutants to enter the waters or groundwater of the State, failure to comply with release reporting requirements and failure to undertake remedial requirements following a release of oil. The OC&I ordered the Respondent to excavate and dispose of all oil-contaminated soils located on the property, submit documentation of proper disposal of the contaminated soil and reimburse RIDEM for all funds expended in the investigation and/or remediation of the oil contamination. OC&I assessed a penalty in the amount of $27,650.00. On November 18, 2003, the OC&I alleged that these same violations took place on property owned by the 1836 Realty Corporation for property at Assessor's Plat 329, lot 404. Following a meeting with representatives of the 1836 Realty Corp., the OC&I was advised that the actual spill location and release was on adjacent property owned by the 1850 Realty Corp.

Formal Enforcement Cases Settled or Resolved:

February 3, 2004 - OC&I/Septic System File No. CI 01-25 re: the Foster/Glocester Regional School Department for property located at 137 Anan Wade Road, Assessor's Plat 9, Lot 28 in the Town of Glocester. The property includes a public high school. On February 28, 2002 OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the septic system for the high school. In the NOV the Respondent was ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $2,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent submitted an application to repair the failed system to DEM, which was approved on June 10, 2003. Prior to a hearing on the NOV, the Respondent executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondent agreed to complete the construction of the septic system within 30 days and pay an administrative penalty of $1,500.00. The Respondent paid the penalty and completed construction of the system.

February 4, 2004 - OC&I/UST File No. 03-02375 re: C&C Service, Inc., Ernest R. Clough and Shirley M. Clough for property located at 781 Victory Highway, Assessor's Plat 1, Lot 113 in the Town of North Smithfield. On August 6, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents were in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the Respondents' failure to meet requirements for UST line tightness testing, annual testing of line leak detectors, monthly and annual testing of UST continuous monitoring systems ("CMS"), maintenance of all test records, overfill protection, inventory record keeping requirements and investigation of UST release detection signals. The OC&I ordered the Respondents to investigate the alarm status of their CMS and to submit a written report to RIDEM detailing the reason for the alarm being triggered along with any corrective actions taken to address the alarm condition. OC&I also ordered the Respondents to submit all applicable testing records and inventory control records. An administrative penalty in the amount of $39,973.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with RIDEM's AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement actions in the NOV. The Respondents were able to provide some records to RIDEM in compliance of the order portion of the NOV. The OC&I agreed to reduce the penalty to $20,000.00 and allowed the Respondents to submit a payment of $5,000.00 with the executed Consent Agreement and to pay the remaining $15,000.00 in installments over the next 15 months.

February 4, 2004 - OC&I/Solid Waste File No. 03-016 re: George P. Melidossian for property located at 78 Belfield Drive, Assessor's Plat 54, Lot 29 in the Town of Johnston. On August 12, 2003 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act by disposing of mixed solid waste on the property. When last inspected, the property contained approximately 199 cubic yards of mixed solid waste. The Respondent had been cited previously for solid waste violations on the property and was advised by RIDEM that disposal of solid waste at other than a licensed solid waste disposal facility is a violation of Rhode Island law. OC&I ordered the Respondent to immediately cease the disposal of additional solid waste on the property, remove all solid waste within 90 days of receipt of the NOV and provide receipts for its disposal at a licensed solid waste management facility. OC&I assessed a penalty in the amount of $6,250.00. The Respondent filed an appeal of the NOV with RIDEM's AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent was able to produce a valid Auto Wrecking and Salvage Yard license issued for the property. This license authorized the Respondent to maintain some vehicle parts and remains on the property. In the Consent Agreement, the Respondent agreed to complete the removal of the solid waste from the property no later than August 1, 2004. Respondent had already removed of most of the solid waste from the property. In addition, OC&I and the Respondent agreed to a reduced penalty in the amount of $2,500.00.

February 5, 2004 - OC&I/Septic System File No. CI 01-72 re: Thomas A. Masterson for property located at 89 Penguin Avenue, Assessor's Plat 210, Lot 52 in the City of Warwick. The property includes a single-family residential dwelling. On June 18, 2003 OC&I issued a NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violation pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. In the NOV the Respondent was ordered to immediately cease the discharge of sewage to the surface of the ground and to repair the failed septic system. OC&I assessed a penalty in the amount of $3,000.00. The Respondent filed an appeal of the NOV with the AAD. The Respondent submitted an application to repair the failed septic system. The application was approved by RIDEM on August 12, 2003. The system was installed and conformed by RIDEM on September 3, 2003. Prior to a hearing on the NOV, the Respondent provided documents to OC&I to demonstrate a financial inability to pay the administrative penalty. OC&I was satisfied that the Respondent demonstrated an inability to pay the penalty. The penalty was waived and the case was closed.

February 10, 2004 - OC&I/UST File No. 03-02920 re: the Town of Charlestown for municipal facility property located at 4540 South County Trail, Assessor's Plat 23, Lot 9 in the Town of Charlestown. On April 30, 2003 the OC&I issued a NOV to the Respondent alleging that the Respondent was in violation of RIDEM's UST Regulations. The violations pertained to the Respondent's failure to meet inventory record keeping requirements for its UST systems from July 1998 through July 2001 and after. The Respondent was advised of its noncompliance with the Regulations in a Letter of Noncompliance issued by the OC&I on 20 August 2001. The Respondent was given 60 days to comply with the Regulations. OC&I personnel followed up the letter with telephone calls on 30 August 2001 and again on 29 April 2002. As of the date of the NOV, the Respondent was still not in compliance with the Regulations. In the NOV, OC&I ordered the Respondent to submit all missing inventory reconciliation records that verify compliance for its USTs. OC&I assessed a penalty in the amount of $6,250.00. 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 enforcement action. The Respondent agreed to the full penalty set forth in the NOV. OC&I agreed to allow the Respondent to offset that penalty through the completion of a Supplemental Environmental Project ("SEP"). The SEP consists of an Eco-Depot Household Hazardous Waste Collection Day in partnership with the Rhode Island Resource Recovery Corporation. The SEP involves the collection of household hazardous waste to take place at the Charlestown Public Works Department on October 16, 2004 with proper disposal promptly thereafter.

February 13, 2004 - OC&I/Solid Waste File Nos. SW99-063 and SW00-050 re: Patriot Hauling Co., Inc. and Joseph and Nina Vinagro for property located at 116 Shun Pike, Assessor's Plat 32, Lot 20 in the Town of Johnston. On March 21, 2000 (OC&I/SW 99-063) and again on December 13, 2000 (OC&I/SW 00-050) the OC&I issued NOVs to the Respondents alleging that the Respondents violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license and by disposing of solid waste at other than a licensed solid waste management facility. In each NOV, the OC&I ordered the Respondents to immediately cease the acceptance and/or disposal of solid waste at other than a licensed facility and immediately cease operation of an unlicensed solid waste management facility. The OC&I further ordered a plan of remediation for removal of the solid waste from the property. OC&I assessed a penalty in the amount of $2,606 for NOV OC&I/SW 99-063 and a penalty in the amount of $206,737.00 for NOV OC&I/SW 00-050. The Respondents appealed the NOV to the AAD. AAD consolidated the cases at hearing. An adjudicatory hearing was held on February 13, 14, 19, 20, 21, 24, 27 and 28, 2003. A recommended Decision and Order was issued by the AAD on January 20, 2004 sustaining both NOVs and ordering the Respondents to pay the penalties in full. The Director executed the recommended Decision and Order as a Final Agency Decision and Order on February 13, 2004.

February 13, 2004 - OC&I/Septic Systems File No. CI 97-258 re: Paul S. & Darlene S. Lemoi for property located at 33/35 Mill Street, Assessor's Plat 5, Lot 37 in the Town of Scituate. The property includes a multi-family (2-unit) residential dwelling. On July 31, 2002 OC&I issued a NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to the discharge of sanitary sewage to the surface of the ground from the septic system for the dwelling. In the NOV the Respondents were ordered to cease the discharge of sewage to the surface of the ground and repair the failed septic system. OC&I assessed a penalty in the amount of $4,600.00. The Respondents filed an appeal of the NOV with AAD. The Respondents submitted an application to repair the failed septic system. The applications was approved by RIDEM on September 11, 2002. The septic system was installed and conformed by RIDEM on November 15, 2002. Prior to a hearing on the NOV, the Respondents executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondents agreed to pay an administrative penalty in the amount of $2,500.00. The Respondents paid the administrative penalty and the case was closed.

February 13, 2004 - OC&I/UST File No. 01-PROV re: The City of Providence and UST Facility Nos. 01336, 03114, 03137, 03260, 03261, 03262, 03263, 03264, 03265, 03266, 03267, 03268, 03269, 03270, 03271, 03272, 18715, 18716, 18717, 18718, 18720, 18725, and 18726. On June 15, 2001 the OC&I issued a NOV to the City of Providence for violations of the UST regulations for failing to properly operate and maintain underground storage tanks containing gasoline, diesel fuel, and waste oil at 23 municipal facilities. The violations pertained to operating 16 underground storage tanks without the required corrosion protection upgrades; failing to perform precision testing on 16 tanks from 1990-1999; failing to install spill containment basins and submit written verification for 32 tanks; and failing to install overfill protection and submit written verification for 16 tanks. The NOV also cited the City with maintaining abandoned tanks at 14 of its facilities. In the NOV, the City was immediately ordered to temporarily close the underground storage tanks that do not have corrosion protection, as well as the abandoned tanks that had not been permanently closed. Written documentation verifying the temporary closure of the tanks was to be submitted to RIDEM within 15 days. By July 15, 2001 the City was required to submit a permanent closure application to RIDEM for the tanks that had not been permanently closed and a UST Closure Assessment Report for each of the tanks identified in the NOV within 30 days of its removal. Also, within 30 days, the City was to provide RIDEM with all precision testing results for each of the tanks identified in the NOV and written verification of the installation of spill containment basins for each identified tank. The City was required to label fill pipes properly for all underground storage tanks remaining at each of the subject facilities to identify the product stored. In addition to the order, the OC&I assessed a penalty in the amount of $301,580.00. The City appealed the NOV to the AAD. Following lengthy settlement negotiations, the OC&I and the City executed a Consent Agreement to resolve the enforcement action. The City agreed to continue to achieve compliance/corrective action at four of the original UST facilities cited in the NOV and to remove an unregistered 10,000-gallon UST not originally cited in the NOV. The City agreed to pay a penalty in the amount of $282,530.00. The OC&I agreed to allow the City to conduct an SEP to offset the penalty. The SEP involves the removal of two petroleum USTs and the clean up of all associated petroleum contamination on or emanating from the abandoned former Louttit Laundry site at 93 Cranston Street in Providence. In the event that the City completes the UST removals and the clean up of the associated petroleum contamination without offsetting the entire administrative penalty, then the City may extend its SEP efforts to include investigation and clean up of the site's known perchloroethylene contamination from dry cleaning operations formerly conducted there. The City's total estimated cost of conducting the UST removal and clean up operation(s) is approximately $330,273.00. OC&I is giving the City only partial credit for the full cost of removal because the proposal includes the removal of a third UST on other property currently owned by the City but not part of the abandoned property. Completion of the SEP is scheduled for October 1, 2004.

February 16, 2004 - OC&I/Septic Systems File No. CI 92-172 re: Yawgoo Valley Apartments, LP and David Giuliano for property located on Mill Pond Road, Assessor's Plat 78, Block 5, Lot 1 in the Town of Exeter. The property includes several residential apartment buildings. On August 13, 2003 OC&I issued a NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violations pertained to the improper maintenance of 3 septic systems on the Property and the construction of a septic system by an individual who does not possess a license from RIDEM to construct septic systems and without a permit from RIDEM to construct the septic system. In the NOV the Respondents were ordered to pump the septic systems to prevent the discharge of sewage to the surface of the ground, properly maintain the septic systems, have the systems evaluated by a licensed designer (repair the systems, if necessary), and complete the construction of the septic system that was begun without RIDEM approval in accordance with a plan to be approved by RIDEM. OC&I assessed a penalty in the amount of $ 4,000.00. The Respondents filed an appeal of the NOV with AAD. The Respondents submitted an application to RIDEM for the septic system that was constructed without RIDEM approval. The application was approved by RIDEM (with modifications to the system constructed by the Respondents). The Respondents completed the work on the system and the system was conformed by RIDEM. Prior to a hearing on the NOV, the Respondents executed a Consent Agreement with OC&I. The Respondents agreed to repair one septic system and have a licensed designer evaluate two other septic systems and repair those systems if the designer determines the systems are failed. The Respondents also agreed to pay an administrative penalty in the amount of $1,800.00. The Respondents paid the administrative penalty.

February 19, 2004 - OC&I/UST File No. 03-03237 re: James H. Dobson and Sandra J. Dobson d/b/a Wickford Service for property located at 590 Boston Neck Road, Assessor's Plat 26, Lot 43 in the Town of North Kingstown. On June 4, 2003 the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' abandonment of their UST system since 1998. The Respondents failed to close their UST system permanently after it had been removed from service for more than 180 days and failed to pay late fees associated with a late payment of UST registration fees. In the NOV OC&I ordered the Respondents to submit a permanent closure application and comply with closure requirements including the submission of a closure assessment report. OC&I assessed a penalty in the amount of $7,992.00. 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. In response to the NOV, the Respondents had already submitted a closure application for approval, obtained the required approval, closed the UST and submitted a UST Closure Assessment. Their actions were in compliance with specific orders set forth in the NOV. As part of the Consent Agreement, the Respondents agreed to conduct a Site Investigation if necessary, submit a report if required and complete a corrective action plan as required. The Respondents agreed to a penalty in the amount of $3,750.00 with $500.00 submitted upon execution of the Consent Agreement and the remaining penalty to be paid in monthly installments over the next 12 months.

February 19, 2004 - OC&I/Oil Pollution Control File No. 03-02 re: Kevin M. Gadreau, Portsmouth Brewer Marina at Sakonnet, Inc. and Awashonks Realty Co., Inc. for property located at 222 Narragansett Boulevard, Assessor's Plat 2, Lot 115 in the Town of Portsmouth. On September 4, 2003 the OC&I issued a NOV alleging that the Respondents were in violation of Rhode Island's Water Pollution Act, Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations. The violation pertained to the discharge of oil onto the ground and in the vicinity of Narragansett Bay from the bilge of a vessel stored at the property. Kevin M. Gadreau owns the vessel. The property is owned by Respondent Portsmouth Brewer Marina at Sakonnet, Inc. and the facility is operated by Respondent Awashonks Realty Co., Inc. Following a release of oil onto the ground from the vessel, the operator of the facility removed the oil contaminated soil from the vicinity of the release. The oil-contaminated soil was deposited on another location on the property and was not properly managed in accordance with the Oil Pollution Control Regulations. OC&I ordered the Respondents to submit written verification that the oil release had been investigated and mitigated in accordance with Sections 12 and 13 of the Oil Pollution Control Regulations and to submit documentation of disposal for the oil spill cleanup debris. The Respondents were also ordered to reimburse RIDEM for all funds that it expended or may expend in the investigation or remediation of the contamination located at the property. A penalty in the amount of $5,295.20 was assessed in the NOV. 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 were able to produce certain documentation that showed partial compliance with the order portion of the NOV. The Respondents agreed to pay a penalty in the amount of $2,295.20 with $2,000.00 representing the gravity portion of the penalty and $295.20 representing the cost recovery owed to the RIDEM.

February 23, 2004 - OC&I.UST File No. 03-02721 re: The City of Warwick for the Warwick School Department regarding property located at 150 Draper Avenue, Assessor's Plat 354 Lot 49. On June 3, 2003 the OC&I issued a NOV alleging that the Respondent violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The violations pertained to the Respondent's failure to install an approved automatic tank gauging ("ATG") system for its single walled UST and the utilization of an ATG to perform monthly leak testing; failure to meet precision testing requirements for UST systems, submit test records and maintain such records; failure to meet tightness testing requirements for UST piping systems and maintain test records; failure to install overfill protection and submit written verification; and failure to maintain inventory control records. Several of the violations are alleged to have taken place over a period of years. On 12 May 2003, OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent. The NOI informed the Respondent of the non-compliance and advised the Respondent that additional enforcement action would follow. In the NOV OC&I ordered the Respondent to comply with the Regulations and assessed a penalty in the amount of $26,436.00. 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 was able to produce evidence to mitigate certain violations set forth in the NOV. For those violations that the Respondent was not able to address, the Respondent agreed to a penalty in the amount of $13,221.00. The OC&I agreed to allow the Respondent to conduct an SEP to offset a portion of the penalty. The SEP consists of the removal and disposal of an 8,000-gallon gasoline UST. The project is to be completed with 60 days of the execution of the Consent Agreement. The cost of the SEP is estimated at $10,000.00. The Respondent paid $3,221.00 of the remaining penalty upon execution of the Consent Agreement.

February 23, 2004 - OC&I/Freshwater Wetlands File No. C01- 0140 re: Green Hill Builders, Inc. for property located approximately 100 feet west of Deep Woods Drive, approximately 320 feet southwest of the intersection of Deep Woods Drive and Timber Ridge Road, Assessor's Plat 25, Lot 49, House No. 15 in the Town of Charlestown. On September 26, 2002, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Regulations. The violations pertained to clearing, filling, constructing a rock retaining wall, installing a well and water supply line, constructing a deck, grubbing, grading and excavating approximately 5,170 square feet of Perimeter Wetland associated with a Swamp, portions of which are within Riverbank Wetland. This violation is 1 of 4 separate NOVs that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision were in nonconformance with the Insignificant Alteration Permit issued by DEM on October 7, 1999 for the Property. In the NOV the Respondent was ordered to restore the freshwater wetlands. 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 executed a Consent Agreement with OC&I. The Respondent agreed to restore the freshwater wetlands and pay an administrative penalty of $1,000.00. The administrative penalty has been paid.

February 23, 2004 - OC&I/Wetland File No. CI 01-0141 re: Green Hill Builders, Inc. for property located approximately 80 feet south of the terminus of Deep Woods Drive, approximately 620 feet southeast of the intersection of Deep Woods Drive and Timber Ridge Road, Assessor's Plat 25, Lot 48, House No. 19 in the Town of Charlestown. On September 26, 2002, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Regulations. The violations pertained to clearing, filling, grubbing and excavating approximately 1,300 square feet of Perimeter Wetland associated with a Swamp, portions of which are within Riverbank Wetland. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision were in nonconformance with the Insignificant Alteration Permit issued by DEM on October 7, 1999 for the Property. In the NOV the Respondent was ordered to restore the freshwater wetlands. 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 executed a Consent Agreement with OC&I. The Respondent agreed to restore the freshwater wetlands and pay an administrative penalty of $1,000.00. The administrative penalty has been paid.

February 23, 2004 - OC&I/Wetlands File No. CI 01-0142 re: Green Hill Builders, Inc. for property located approximately 120 feet northwest of Timber Ridge Road, approximately 210 feet northeast of the intersection of Deep Woods Drive and Timber Ridge Road, between Utility Pole Nos. 13 and 14, Assessor's Plat 25, Lot 41, House No. 96 in the Town of Charlestown. On September 26, 2002, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Regulations. The violations pertained to clearing, filling, grubbing, and excavating approximately 2,165 square feet of Perimeter Wetland associated with a Swamp. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision were in nonconformance with the Insignificant Alteration Permit issued by RIDEM on October 7, 1999 for the Property. In the NOV the Respondent was ordered to restore the freshwater wetlands. 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 executed a Consent Agreement with OC&I. The Respondent agreed to restore the freshwater wetlands and pay an administrative penalty of $700.00. The administrative penalty has been paid.

February 23, 2004 - OC&I/Wetlands File No. CI 01-0144 re: Green Hill Builders, Inc. for property located approximately 140 feet west of Deep Woods Drive, approximately 160 feet southwest of the intersection of Deep Woods Drive and Timber Ridge Road, Assessor's Plat 25, Lot 50, House No. 5 in the Town of Charlestown. On September 26, 2002, OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Regulations. The violations pertained to clearing, filling, excavating, and construction of a drinking water well within the Perimeter Wetland associated with a Swamp. The violations affected approximately 4,100 square feet of Perimeter Wetland. This violation is 1 of 4 separate Notices of Violation that OC&I issued against the Respondent for wetland violations within the 4-lot subdivision. The significance of this action is reflected in the fact that all lots within this small 4-lot subdivision were in nonconformance with the Insignificant Alteration Permit issued by DEM on October 7, 1999 for the Property. In the NOV the Respondent was ordered to restore the freshwater wetlands. 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 executed a Consent Agreement with OC&I. The Respondent agreed to restore the freshwater wetlands and pay an administrative penalty of $1,000.00. The administrative penalty has been paid.

February 26, 2004 - OC&I/Septic System File No. CI 01-121 re: Middle Bridge, Inc. for property located at 95 Middle Bridge Road, otherwise known as Assessor's Plat N-L, Lot 10 in the Town of Narragansett. The property includes a commercial business. On July 22, 2002 OC&I issued a NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violation pertained to the discharge of sewage to the surface of the ground from the failed septic system associated with the restaurant at the Property. In the NOV the Respondent was ordered to cease the discharge of sewage and repair the failed system. OC&I assessed a penalty in the amount of $2,000.00. The Respondent filed an appeal of the NOV with AAD. The Respondent provided documentation to OC&I to show that the septic system accepted wastewater only from a kitchen sink in the restaurant. All other wastewater in the restaurant discharges to a separate system on the Property. Prior to the hearing on the NOV, the Respondent executed a Consent Agreement with OC&I to resolve the enforcement action. The Respondent agreed to remove that kitchen sink from the restaurant and permanently cap the waste pipe for that kitchen sink within 30 days and pay an administrative penalty of $650.00. The Respondent paid the administrative penalty.

February 26, 2004 - OC&I/UST File No. 03-01322 re: Anthony Corrado, Inc. and Anthony Corrado Realty, Inc. for property located at 125 Higginson Avenue, Assessor's Plat 1, lot 151 in the Town of Lincoln. On October 16, 2003 the OC&I issued an NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to the Respondents' failure to meet UST tightness testing requirements, installation of overfill protection requirements, maintenance of inventory control records and maintenance of applicable testing records. The OC&I ordered the Respondents to submit all applicable records, install overfill protection and assessed a penalty in the amount of $9,462.00. 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 provided some of the records sought by OC&I prior to issuance of the NOV and provided evidence that the facility was in compliance with the UST Regulations. Based upon the evidence provided, the OC&I agreed to reduce and the Respondents agreed to accept a reduced penalty in the amount of $3,650.00. The Respondents paid $1,250.00 upon execution of the Consent Agreement. The remaining penalty of $2,400.00 is to be paid in 12 monthly installments of $200.00 each.

February 27, 2004 - OC&I/UST File No. 03-03066 re: A&W Artesian Well Co. for property located at 706 St. Paul Street, Assessor's Plat 5, Lot 221 in the Town of North Smithfield. On October 6, 2003, the OC&I issued a NOV to the Respondent alleging that the Respondent was in violation of the UST Regulations. The violations pertained to the failure to conduct monthly and annual testing of the UST continuous monitoring systems ("CMS"), to maintain the required test records and for the failure to meet inventory record keeping requirements for UST systems. The OC&I ordered the Respondent to submit all missing monthly and annual test records for its CMS and to submit applicable product inventory records. The OC&I assessed a penalty in the amount of $10,972.00. 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 was unable to provide the documentation sought by the OC&I but provided evidence that the facility is in compliance with the UST Regulations. The Respondent agreed to pay a penalty in the amount of $8,222.00 with $2,222.00 paid upon execution of the Consent Agreement and the remaining $6,000.00 to be paid in 12 monthly installments of $500.00.

Superior Court Actions Issued:

None filed this month.

Superior Court Actions Settled or Resolved:

February 24, 2004 - 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. Defendant 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 Respondents alleging that the Respondents 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 Respondents' 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 Respondents 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 Respondents. The Respondents 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 Respondents 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 Defendant executed a Consent Order with the Superior Court's consent. The Consent Order requires the Defendant 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 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 $43,000.00 within 30 days from the date of the Final Agency Order. The Defendant has paid the penalty in full. Plaintiff RIDEM is monitoring compliance with the Consent Order.