January 2010 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 January 2010. 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:

January 5, 2010 - Air File No. 09-06 re: Roger Williams Medical Center for property located at 825 Chalkstone Avenue in the city of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of a 1,340 (HP) equivalent emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The violation was first documented by RIDEM during an inspection on October 26, 2009. In correspondence dated October 30, 2009 the Respondent provided RIDEM with operational information for the generator. The Respondent reported that the generator started operation on December 10, 2007 and has operated a total of 31.6 hours. APC Regulation No. 9 requires a permit for an emergency generator of 50 HP or larger. On December 8, 2009 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. In the NOV, OC&I assessed an administrative penalty of $2,711.00.

January 11, 2010 - Air File No. 10-02 re: The Narragansett Electric Company for property located at 642 Allens Avenue in the city of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertains to the installation of fuel burning equipment without applying for or receiving a Minor Source Permit from RIDEM. On December 10, 2009 the Respondent submitted a permit application and associated fee to RIDEM for the fuel burning equipment. The application was for a natural gas fired emergency generator with a maximum heat input of 1,603,584 BTU per hour. The Respondent stated that the generator commenced operation on March 3, 2008. APC Regulation No. 9 requires a permit for an emergency generator with a heat input capacity of 350,000 BTU or more per hour. In the NOV, OC&I assessed an administrative penalty of $1,174.00.

January 11, 2010 - Solid Waste File No. 09-038 re: Timpson Excavating, Inc. for property located at 94 Rose Hill Road in the town of South Kingstown. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulation No.1, entitled "General Requirements". The violation pertains to the unauthorized disposal of solid waste and the unauthorized operation of a solid waste management facility without a license or approval from RIDEM. On November 7, 2007 RIDEM inspected the property and observed solid waste deposited on the ground. RIDEM issued an informal notice to the Respondent on November 21, 2007 requiring removal of the waste. Follow up inspections in March 2008, April 2008, and August 2009 revealed that the Respondent failed to comply with the notice. The August 2009 inspection revealed approximately 1,729 cubic yards of solid waste deposited on the ground, which consisted of six empty steel tanks, used appliances, household refuse, metal waste, tree waste, processed wood, animal manure comingled with used bedding, chipped wood and other mixed solid waste. The inspector also observed several stockpiles of soil that contained comingled manure, wood chips, and plastic. In the NOV, OC&I ordered the Respondent to remove and properly dispose of the waste. OC&I assessed an administrative penalty of $12,500.00.

January 11, 2010 - Underground Storage Tank File No. 09-00479 re: UPS Ground Freight, Inc. for property located at 617 George Washington Highway in the town of Lincoln. The property includes a building and garage and six underground tanks used for storage of petroleum products. 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 (UST Regulations) The violations pertain to the failure to: record inventory volume for fuel deliveries and withdrawals each operating day; record leak checks that reconcile differences in the daily measurement of inflows, outflows, and volume on hand on a monthly basis; and check for discrepancies of 1% or more of the flow through plus 130 gallons on a monthly basis. The violations were first observed during an inspection by OC&I on February 19, 2009. OC&I issued a noncompliance letter on April 6, 2009 requiring action to correct the violations. The Respondent submitted documents in June 2009, July 2009, and September 2009 that resolved all the instances of noncompliance except for inventory control recordkeeping. In the NOV OC&I ordered the Respondent to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $5,000.00.

January 12, 2010 - Hazardous Waste File No. 2007 746 HW re: William L. Ricci, Wanskuck Steam Power Co., Wanskuck Steam and Power HVAC Co. LLC, and the City of Providence for property located at 715R Branch Avenue in the city of Providence. The property includes the former Wanskuck Mill Power House building and is currently owned by the city of Providence. The property was owned by Wanskuck Steam Power Co. and was sold at tax sale to the city of Providence on July 21, 1995. Wanskuck Steam and Power HVAC Co. LLC is a successor corporation to Wanskuck Steam Power Co. William Ricci identified himself as the president of Wanskuck Steam Power Co., and he stated that Wanskuck Steam Power Co. is the owner of the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Oil Pollution Control Act and RIDEM's Rules and Regulations for Hazardous Waste Management, Oil Pollution Control Regulations, and Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertaining to hazardous waste relate to the storage of hazardous waste without approval from RIDEM and the failure to: determine if waste meets the definition of hazardous waste; label containers with the words "Hazardous Waste", the name and address of the generating facility, the USDOT shipping name, the EPA or Rhode Island waste code, the accumulation start date, and/or the hazardous waste manifest number; mark containers holding hazardous waste with the date on which the waste first began to accumulate; maintain sufficient aisle space to allow unobstructed movement of personnel, fire protection, spill control and decontamination equipment; provide a containment system for all drums and containers holding liquid hazardous waste in storage; and transfer hazardous waste from a container in poor condition to one in good condition. The violations pertaining to oil pollution relate to the placement of oil on the land and the storage of oil spill cleanup debris more than thirty (30) days. The violations pertaining to underground storage tanks relate to the failure to register the tanks with RIDEM and the abandonment of the tanks. On May 4, 2006 RIDEM inspected the property to investigate a complaint of an oil spill. RIDEM observed a release of about 200 gallons of #6 heating oil on the ground. RIDEM issued a Notice of Responsibility to Mr. Ricci requiring specific actions to remediate the violation; however, RIDEM did not receive a response to the notice. On May 31, 2007 RIDEM inspected the property to investigate a complaint of improper disposal of hazardous waste. The inspection revealed hundreds of containers holding unidentified materials in the building. Due to the extent of the potential violations, RIDEM requested assistance from the Environmental Protection Agency (EPA). Subsequent inspections by RIDEM and EPA on June 27, 2007, September 6, 2007, August 12, 2008, and August 14, 2008 confirmed that many of the containers held hazardous waste. EPA retained a private contractor to remove all the hazardous waste from the building and properly dispose of the waste at a permitted disposal facility. The inspections also revealed that a stockpile of oil cleanup debris > 3 cubic yards was on the ground under polyethylene sheeting and that four (4) unregistered underground storage tanks that formerly supplied fuel to the power house were present. In the NOV, OC&I ordered the Respondents to remove and properly dispose of the oil spill cleanup debris, permanently close the underground storage tanks in accordance with the UST Regulations, and complete a site investigation of the property and corrective action plan in accordance with the UST Regulations. OC&I assessed an administrative penalty of $129,328.00 against Respondents William L. Ricci, Wanskuck Steam Power Co., and Wanskuck Steam and Power HVAC Co., LLC.

January 12, 2010 - Freshwater Wetlands File No. C94-0216 re: Littlefield & Sons, Ltd., A. Verna Littlefield, and Everett R. Littlefield, Sr. for property located approximately 20 feet north of Old Town Road, at Utility Pole Number 17 and Fire Number 0049, approximately 800 feet southeast of the intersection of Old Town Road and Connecticut Avenue, Assessor's Plat 17, Lot 43 in the town of New Shoreham. A. Verna Littlefield is the owner of the property. Littlefield & Sons, Ltd. operates a propane gas distribution business on the property. The Vice President of Littlefield & Sons, Ltd. is Everett R. Littlefield, Sr. On July 25, 2003 RIDEM issued a permit to A. Verna Littlefield to alter wetlands to construct a garage and remove a shed. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to filling (in the form of soil material, crushed stone, large concrete blocks, concrete median barriers, and other various materials), grading, creating general soil disturbance, creating a parking and storage area, installing a chain link fence, and storing equipment and materials within 100-foot Riverbank Wetlands; filling (in the form of soil material, crushed stone, and other various materials), grading, creating general soil disturbance, installing a chain link fence, and storing equipment and materials within an Emergent Plant Community; and excavation, clearing, and creating soil disturbance within a Stream. This activity resulted in the unauthorized alteration of about 4,100 square feet of freshwater wetlands, all of which was undertaken beyond the limits of disturbance authorized under the Insignificant Alteration Permit that was issued by the Department on July 25, 2003. The violation was first observed during an inspection of the property on January 6, 2006. Everett Littlefield, Sr. informed the RIDEM inspector at the time of the inspection that he had cleared and excavated the Stream by hand. DEM had issued a previous notice to Everett Littlefield, Sr. on August 16, 1994 for alterations of the same freshwater wetlands. Mr. Littlefield failed to fully comply with the notice. In the NOV, OC&I ordered the Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $900.00 against Littlefield & Sons, Ltd, $900.00 against A. Verna Littlefield, and $800.00 against Everett R. Littlefield, Sr.

January 27, 2010 - Underground Storage Tank File No. 09-02375 re: Clough Realty LLC and C & C Services, Inc. for property located at 781 Victory Highway in the town of North Smithfield. The property includes a gasoline and motor vehicle service station and four underground tanks used for storage of petroleum products. 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 (UST Regulations). The violations pertain to the failure to: provide corrosion protection for bare steel tanks and product pipelines; compile inventory control records for discrepancies of 1% or more of the flow through plus 130 gallons on a monthly basis; perform product pipeline testing for one of the tanks; conduct monthly testing of the continuous monitoring system; and maintain the spill containment basins free of liquids. The violations were first observed during an inspection by OC&I on September 27, 2007. OC&I issued a noncompliance letter on November 23, 2007 requiring action to correct the violations. On December 18, 2007 OC&I inspected the facility in response to a telephone call from Ernest Clough stating that the facility was in compliance with the UST Regulations. The inspector was unable to verify whether any of the noncompliance issues were addressed at the time of the follow-up inspection. OC&I issued a second letter to the Respondents advising the Respondents of the continued noncompliance. The Respondents did not respond to the letter. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $9,751.00.

January 27, 2010 - Underground Storage Tank File No. 09-03176 re: INA Petroleum, Inc. for property located at 2862 Hartford Avenue in the town of Johnston. The property includes a gasoline service station and convenience store and three underground tanks used for storage of petroleum products. 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 (UST Regulations). The violations pertain to the failure to: compile and maintain inventory control records; perform annual testing of line leak detectors and shear valves; promptly investigate all suspected leaks or releases; perform monthly testing of the continuous monitoring system; retain a qualified person to annually inspect, calibrate and test the continuous monitoring system; keep spill containment basins free of liquids; and annually evaluate groundwater monitoring wells and permanently maintain records of such. The violations were first observed during an inspection by OC&I on June 16, 2009. OC&I issued noncompliance letters on July 21, 2009 and October 23, 2009 requiring action to correct the violations. The Respondent submitted a compliance report to RIDEM on December 29, 2009. The report showed that the Respondent failed to address all of the issues of noncompliance. In the NOV OC&I ordered the Respondent to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $14,479.00.

January 28, 2010 - Water Pollution File No. 09-033 re: Sprague Energy Corp. for a petroleum product facility located at 144 Allens Avenue in the city of Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001384. The permit authorizes the Respondent to discharge storm water from the terminal yard and truck loading rack areas of the facility to the Providence River. The permit requires the Respondent to meet maximum daily discharge limits for total suspended solids and oil & grease of 20 milligrams per liter (mg/l) and 15 mg/l, respectively; summarize the results of monthly monitoring in reports submitted to RIDEM; and properly operate and maintain the oil/water separator at the facility. OC&I alleges that the Respondent is in violation of the permit, Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and RIPDES Regulations. The violation pertains to the discharge of total suspended solids and oil & grease in violation of the limits in the permit and the failure to properly operate and maintain the oil/water separator. The Respondent submitted monitoring reports to RIDEM from January 2007 through June 2009 that showed that the Respondent violated its limit for total suspended solids for each month except July 2008, December 2008, and January 2009. The total suspended solids values ranged from 60 mg/l to 890 mg/l. The results also showed that the Respondent violated its limit for oil & grease for each month from February 2007 through May 2007, July 2007, and for each month from February 2008 through June 2008. The oil & grease values ranged from 17 mg/l to 130 mg/l. RIDEM issued Significant Noncompliance letters to the Respondent on January 25, 2008 and August 29, 2008. On November 14, 2008 RIDEM received a report from a consultant working on behalf of the Respondent. The report stated that the oil/water separator did not appear to be sufficient to remove oil & grease during large rain storms reliably. In the NOV the Respondent was ordered to install a system to treat storm water runoff from the facility to ensure compliance with the discharge limits in the permit and submit a revised storm water pollution prevention plan. OC&I assessed an administrative penalty of $73,750.00.

January 28, 2010 - Freshwater Wetlands File No. C09-0069 re: Ocean State Development, LLC for property located at Assessor's Plat 4-6, Block 130, Card 42A in town of Tiverton. The Respondent submitted an application to RIDEM on October 19, 2006 to alter freshwater wetlands on the property. The application was denied by RIDEM on January 7, 2008, and the decision was appealed to AAD. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains to clearing, filling (in the form of slash, soil material, and stone) within 50-foot Perimeter Wetlands and clearing and filling (in the form of at least slash) and creating soil disturbance within Swamp. This activity resulted in the unauthorized alteration of about 1 ½ acres of freshwater wetlands. The violation was first observed during an inspection of the property on June 24, 2009. In the NOV, OC&I ordered the Respondent to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $10,000.00.

Formal Enforcement Cases Settled or Resolved:

January 5, 2010 - UST File No. 2008-1875 re: John J. Morrone, Jr., Lorraine H. Morrone, John J. Morrone III, and Judy A. Morrone for property located at 206 Main Street in the town of Hopkinton. The property includes four underground storage tanks (USTs), which are used for storage of gasoline and diesel fuel. On October 8, 2008 OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to: failure to submit a completed Environmental Results Program compliance certification form to RIDEM within the time frame specified by the Director; failure to retrofit or upgrade the metallic segments of the product pipelines for three USTs to meet the corrosion protection requirements; failure to use the automatic tank gauging (ATG) system to perform monthly leak tests for two USTs; failure to maintain product inventory control records for three USTs; failure to perform product pipeline testing for three USTs during 2007; failure to have line leak detectors for three USTs tested during 2007; failure to test the impact valves during 2007; failure to test the ATG system on a monthly basis; and failure to perform annual certification/testing of the ATG system during 2007. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $16,821.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, John J. Morrone III and Judy Morrone were released from the NOV. John and Lorraine Morrone complied with the Order portion of the NOV. Financial documents were submitted to OC&I to demonstrate the Respondents inability to pay the administrative penalty. OC&I reviewed the documents and determined that the Respondents did not have the ability to pay any portion of the administrative penalty. OC&I and the Respondents executed a Consent Agreement whereby the administrative penalty was waived.

January 7, 2010 - Solid Waste File No. 06-007 re: Richmond Realty Associates, LLC for property located at 116 Kingstown Road, Assessor's Plat 5C, Lot 5 in the town of Richmond. On May 15, 2008 OC&I and the Respondent executed a Consent Agreement to resolve a NOV issued to the Respondent on December 21, 2006 for alleged violations of Rhode Island's Refuse Disposal Act and RIDEM's Solid Waste Regulation Number 1. The violations pertained to disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. The Consent Agreement allowed the Respondent to compost the waste to Class A compost standards for use as part of development plans for the property and required the Respondent to submit a proposal and plan to accomplish the composting. The Consent Agreement required the Respondent to compost all of the waste no later than May 30, 2009 and restricted the use of the compost to the property. The Respondent paid a penalty in the amount of $24,900.00. The Respondent screened the waste to meet the particle size for Class A compost and asserted that, due to the extended time the screened material was in place, it had become finished compost. The Respondent requested that RIDEM consider the approximately 45,000 cubic yards of screened material Class A compost. The Respondent's consultant submitted to RIDEM reports dated February 3, 2009 and October 9, 2009 that summarized testing that was completed on the screened material to show that the material met the standard for Class A compost. RIDEM reviewed the reports and is satisfied that the screened material meets the standards for Class A compost. The Respondent properly disposed of all solid waste on the property that did not meet the standard for Class A compost. The Respondent submitted letters to RIDEM on September 17, 2009 and October 13, 2009 requesting approval to use or distribute the screened material off of the property. RIDEM decided to grant the request, which required a modification to the terms of the Consent Agreement. The modified Consent Agreement allows the Respondent to use or distribute the screened material on or off the property in strict accordance with RIDEM Solid Waste Regulation No. 8.8.03 pertaining to compost utilization, distribution and labeling requirements. The Respondent is required to use or distribute at least 15,000 cubic yards of material each year and submit an annual report to RIDEM certifying compliance.

January 8, 2010 - Hazardous Waste File No. 2007-1655 HW re: Accent Display Corporation for its facility operated at 1655 Elmwood Avenue, Assessor's Office Plat 4/2, Lot 500 in the city of Cranston. On August 1, 2008 OC&I issued an NOV to Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertained to Respondent's failure to: label all hazardous waste containers held in storage and provide an accumulation start date when hazardous waste first started to accumulate; provide secondary containment for containers of liquid hazardous waste; conduct weekly inspections of hazardous waste containers in storage and document the results of the inspections; ensure that the Uniform Hazardous Waste Manifest prepared by the Respondent is complete and accurate; provide an up-to-date list of manifest signers to the RIDEM; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; provide training for all employees who manage hazardous waste; and properly manage universal waste at the facility. Some of the violations cited in the NOV were repeat violations that had been cited in 2005. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and pertinent Code of Federal Regulations and assessed a penalty in the amount of $28,325.00. The Respondent filed an appeal of the NOV with AAD. The Respondent complied with the Order portion of the NOV. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $15,325.00 in four equal payments of $3,831.25. The first payment was paid upon execution of the Agreement.

January 14, 2010 - Freshwater Wetlands File No. C08-0017 re: Elizabeth Procaccianti for property located immediately north of Gilbert Stuart Drive, behind utility pole numbers 12 and 13, at house number 99, approximately 500 feet east of the intersection of Gilbert Stuart Drive and Heritage Drive, Assessor's Plat 218, Lot 61, in the city of Warwick. The property is owned by the Respondent. On August 14, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to the installation of a fence within 200-foot Riverbank Wetland, portions of which are also 50-foot Perimeter Wetland, and maintaining previously cleared areas (that had been converted to lawn by the previous owner) in a mowed and manicured condition and clearing and filling (in the form of at least concrete blocks) within Swamp that is also within 200-foot Riverbank Wetland. This activity resulted in the unauthorized alteration of 9,625 square feet of Riverbank Wetlands and 300 square feet of Swamp. In the NOV, OC&I ordered the Respondent to restore the freshwater wetlands and assessed an administrative penalty of $1,200.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore the freshwater wetlands on or before September 15, 2010 in accordance with a plan submitted to OC&I on April 16, 2009 and pay an administrative penalty of $600.00, which was paid upon execution of the Agreement.

January 14, 2010 - Solid Waste File No. 07-002 re: Shoreline Gravel Company for property located at 60A Narrow Lane, Assessor's Plat 23, Lot 28-1 in the town of Charlestown. On April 11, 2007 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violation pertained to the disposal of approximately 549 cubic yards of construction and demolition (C&D) debris on the property. The C&D debris disposed on the property resulted from demolition of five houses formerly located on Carolina Back Road in Charlestown. Prior to the issuance of the NOV, the Respondent removed and properly disposed of the C & D debris. In the NOV, OC&I assessed a penalty in the amount of $6,250.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent paid an administrative penalty of $5,000.00. OC&I provided a Consent Agreement to the Respondent to resolve the NOV; however, the Respondent refused to sign the Agreement. OC&I decided to close its case and issued a letter to the Respondent.

January 14, 2010 - Air File No. 09-06 re: Roger Williams Medical Center for property located at 825 Chalkstone Avenue in the city of Providence. On January 5, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of a 1,340 (HP) equivalent emergency generator without applying for or receiving a Minor Source Permit from RIDEM. On December 8, 2009 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. In the NOV, OC&I assessed an administrative penalty of $2,711.00. The Respondent paid the administrative penalty of $2,711.00 in full, thereby complying with the NOV.

January 15, 2010 - Air File No. 09-07 re: FLO TV, Inc. for property located at 181 Tower Hill Road in the town of Cumberland. On December 21, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of a John Deere 99-Horse Power (HP) diesel fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. RIDEM became aware of the violation when the Respondent submitted an application for a permit for the emergency generator on September 9, 2009. In the NOV, OC&I assessed an administrative penalty of $1,207.00. The Respondent paid the administrative penalty of $1,207.00 in full, thereby complying with the NOV.

January 20, 2010 - Water Pollution/File No. 2008 1937 and WP 08-40 re: Capitol Cove, LLC, Capital Properties, Inc. and Fleet Construction Co., Inc. for property located at 80 Smith Street in the city of Providence, otherwise identified as Assessor's Plat 4, Lots 261, 262, and 263. At the time the NOV was issued Capital Properties, Inc. (Capital Properties) was the owner of the property and Capitol Cove, LLC (Capitol Cove) leased the property from Capital Properties. At the time the NOV was issued Fleet Construction Co., Inc. (Fleet) was contracted by Capitol Cove to perform site work associated with the construction of two residential/apartment buildings at the property. In January 2005, the Coastal Resources Management Council issued an assent to Capital Properties for the project and in February 2005 RIDEM issued a water quality certificate to Capital Properties for the project. The assent and water quality certificate prohibited the discharge of waste of any kind into waters of the State, and the water quality certificate prohibited any dewatering activities. On September 24, 2008 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations. The violation pertained to the discharge of water containing soil to the Moshassuck River from a construction hole on the property. In the NOV, OC&I assessed an administrative penalty of $25,000.00. The Respondents filed an appeal of the NOV with AAD. On March 24, 2009 OC&I and Fleet executed a Consent Agreement to resolve the NOV as it pertained solely to Fleet. Prior to an administrative hearing on the NOV, OC&I and Capital Properties and Capitol Cove executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay an administrative penalty of $2,000.00, which was paid upon execution of the Agreement.

January 22, 2010 - AIR File No. 08 - 03 and 08-14 re: Branch River Plastics, Inc. for a facility located at 15 Thurber Boulevard in the town of Smithfield. The facility is a potential major stationary source of air pollutants subject to Rhode Island's Clean Air Act and RIDEM's Air Pollution Control (APC) Regulations. On July 7, 2008 and June 19, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated APC Regulation No. 9, entitled "Air Pollution Control Permits". The violation concerning the July 7, 2008 NOV pertained to Respondent's failure to obtain a permit from the RIDEM for the installation of a continuous polystyrene bead expander, rated at 2,000 pounds per hour, to replace two existing expanders. Expansion of polystyrene beads releases pentane, a volatile organic compound. Based on information provided by the Respondent, RIDEM determined that the polystyrene bead expander discharges pentane at a rate of about 127 pounds of pentane per hour, which exceeds the regulatory emission threshold of 100 pounds or more per day or 10 pounds or more per hour of an air contaminant as stated in APC Regulation No. 9. The Respondent installed the equipment on or about 4 March 2005 with an initial start up date of 17 April 2006. RIDEM discovered the equipment during an inspection on 22 May 2007. The violation concerning the June 19, 2009 NOV pertained to the failure to obtain a permit from RIDEM prior to constructing/installing and operating a new batch polystyrene bead expander and new block molding equipment in April 2008 to replace the expander that was installed in 2005 (that is the subject of the 2008 NOV). The pentane releases from the new equipment exceed the regulatory emission threshold of 10 pounds or more per hour. On or about May 30, 2008 the Respondent submitted an application to RIDEM for the new equipment. In the 2008 NOV, OC&I ordered the Respondent to cease operation of the equipment until a permit was issued by RIDEM and assessed a penalty in the amount of $29,668.00. In the 2009 NOV, OC&I ordered the Respondent to correct any deficiencies in the application submitted to RIDEM within thirty days of notification by RIDEM. OC&I assessed an administrative penalty in the amount of $10,000.00. The Respondent filed an appeal of both NOVs with the AAD. The Respondent complied with the Order Sections of the NOVs. Prior to an administrative hearing on the NOVs, OC&I and the Respondent executed a Consent Agreement to resolve the NOVs. The Respondent agreed to pay an administrative penalty of $37,000.00 in five payments. The first payment of $18,500.00 was paid upon execution of the Agreement. The remaining four payments are to be paid in equal amounts of $4,625.00.

January 25, 2010 - Air File No. 10-02 re: The Narragansett Electric Company for property located at 642 Allens Avenue in the city of Providence. On January 11, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of fuel burning equipment without applying for or receiving a Minor Source Permit from RIDEM. On December 10, 2009 the Respondent submitted a permit application and associated fee to RIDEM for the fuel burning equipment. The application was for a natural gas fired emergency generator with a maximum heat input of 1,603,584 BTU per hour. The Respondent stated that the generator commenced operation on March 3, 2008. APC Regulation No. 9 requires a permit for an emergency generator with a heat input capacity of 350,000 BTU or more per hour. In the NOV, OC&I assessed an administrative penalty of $1,174.00. The Respondent paid the penalty in full, thereby complying with the NOV.

January 25, 2010 - Water Pollution File No. WP 09-098 re: Glens Falls Lehigh Cement Company for property located at 25 Terminal Road in the city of Providence. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0001643. The permit authorizes the Respondent to discharge truck wash water and storm water to the Providence River. The permit requires the Respondent to submit to RIDEM a semi-annual Discharge Monitoring Report (DMR) that must be postmarked no later than the 15th day of the month following the completed reporting period. On December 4, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Water Quality Regulations and RIPDES Regulations. The violation pertained to the late submittal of three DMRs for the periods of July 1, 2007-December 31, 2007; January 1, 2008-June 30, 2008; and July 1, 2008-December 31, 2008, and the failure to submit a DMR report for the period of January 1, 2009-June 30, 2009. The three DMR reports were submitted on August 27, 2008 (due January 15, 2008), February 18, 2009 (due July 15, 2008) and February 18, 2009 (due January 15, 2009), respectively. In the NOV, OC&I ordered the Respondent to submit the DMR report for the period of January 1, 2009-June 30, 2009 and a statement identifying the cause(s) of the reporting violations and steps taken to ensure future compliance. OC&I assessed an administrative penalty of $3,000.00. The Respondent complied with the Order Section of the NOV. In lieu of filing an appeal of the NOV with AAD, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay an administrative penalty of $2,500.00, which was paid upon execution of the Agreement.

January 28, 2010 - Freshwater Wetlands File No. C07-0002 re: Aiello Corporation for property located immediately adjacent to 307 Farnum Pike, approximately 350 feet northeast of Farnum Pike and approximately 1,200 feet northwest of its intersection with George Washington Highway, on Assessor's Plat 46, Lot 70 in the town of Smithfield. The property has been continuously owned by the State of Rhode Island since July 15, 1966. The Respondent owned the lot abutting the property from 1971 through 1997. On January 8, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, filling (in the form of at least soil material and gravel), grading and creating soil disturbance within a Swamp and installing pipes and filling within a Stream for the purpose of creating a crossing. This activity resulted in the unauthorized alteration of 34,800 square feet of Swamp and 20 linear feet of Stream. Review of historic aerial photographs (1970, 1972, 1976, 1981, 1985, 1988, 1992, and 1997) revealed that clearing, excavation, grading and filling continued to spread from the Respondent's lot into freshwater wetlands on the property. In the NOV, OC&I ordered the Respondent to restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $1,000.00. The Respondent complied with the Order Section of the NOV. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to assure survival of the plantings for one full year and pay an administrative penalty of $500.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.