January 2011 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of January 2011. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

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

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

Formal Enforcement Actions Issued:

January 4, 2011 - Hazardous Waste File No. 2010-47 HW re: Alpha Plating and Metallizing Co., Inc. for a facility located at 12 Humbert Street in the town of North Providence. The facility electroplates costume jewelry and is registered with RIDEM as a small quantity hazardous waste generator. The OC&I alleges that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations. The violations pertain to Respondent's failure to: determine if the waste generated onsite meets the definition of a hazardous waste; properly label each container holding hazardous waste; keep containers holding hazardous waste closed except when adding or removing waste; mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; store hazardous waste onsite for a period of time that does not exceed ninety days; conduct weekly inspections of container storage areas looking for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection; provide training for all employees who manage hazardous waste; manage universal waste in a way that prevents releases to the environment; properly label or mark universal waste or the containers in which the waste is contained; and document the length of time since the universal waste started being accumulated. OC&I inspected the facility on February 16, 2010 and documented the violations. In the NOV, the OC&I ordered the Respondent to achieve compliance with the Hazardous Waste Regulations and the pertinent Code of Federal Regulations. OC&I assessed an administrative penalty of $49,599.00.



January 4, 2011 - Site Remediation File No. 2010-01 SR re: Hoxsie Cleansers, Ltd. and The Vincent Perenti Revocable Living Trust for a property located at 1533 Warwick Avenue in the city of Warwick. The property includes a building used for a clothing dry cleaning business (facility). The facility is registered with RIDEM as a small quantity hazardous waste generator. The OC&I alleges that the Respondents violated Rhode Island's Water Pollution Act and RIDEM's Rules and Regulations for Groundwater Quality, Rules and Regulations for the Management of Hazardous Waste and Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The violations pertain to Respondents' failure to remediate a release of hazardous materials from the property that entered the groundwater. On December 21, 2006, RIDEM was notified of a release of hazardous substances, including tetrachloroethylene and trichloroethylene, to the groundwater down gradient of the property. On February 11, 2008, RIDEM received a site investigation report (SIR). The SIR stated that beryllium, total petroleum hydrocarbon (TPH), tetrachloroethylene and trichloroethylene were detected in the soil and/or groundwater on the property. The SIR stated that a reportable release occurred and that the current and previous dry cleaning units and hazardous waste storage area on the property was a likely source of the TPH, tetrachloroethylene and trichloroethylene. RIDEM issued informal written notices to the Respondents on November 17, 2008, July 27, 2009 and March 22, 2010. The notices required the Respondents to propose a minimum of two remedial alternatives to address the release of hazardous materials on the property. The Respondents have not complied with the notices. In the NOV, the OC&I ordered the Respondents to submit to RIDEM a letter identifying the remedial alternatives and, upon approval by RIDEM, complete the remediation of the property in accordance with the approval. OC&I assessed an administrative penalty of $36,134.00.

Formal Enforcement Cases Settled or Resolved:

January 4, 2011 - Septic System File No. CI 98-91 re: Patricia A. Correia and Margaret A. Thiel for property located at 50 Vanderbilt Road, Assessor's Plat 322, Lot 16 in the city of Warwick. A single-family dwelling exists on the property and is owned by the Respondents. On January 8, 2007, OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage to the surface of the ground from the sewage disposal system for the dwelling. In the NOV, OC&I ordered the Respondents to have the sewage disposal system evaluated by a licensed designer to determine the cause of the failure and connect to the public sewers if the designer determines that the system required repair. OC&I assessed an administrative penalty of $600.00. The Respondents did not file an appeal of the NOV with AAD. The Respondents complied with the Order portion of the NOV and paid the full penalty to resolve the NOV.



January 5, 2011 - Solid Waste File No. 07- 013 re: HSBC USA, Inc. for property located at 12 Richland Street, Assessor's Plat 96, Lot 214 in the city of Providence. On May 1, 2008, OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violation pertained to the storage of solid waste on the property and failure to dispose of solid waste at a licensed solid waste management facility. The waste consisted of construction and demolition debris, scrap metal, discarded tires and other mixed solid waste. In the NOV, the OC&I ordered the Respondent to cease the disposal (storage) of solid waste on the property and to remove all solid waste within thirty days. OC&I assessed an administrative penalty of $2,500.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent complied with the Order portion of the NOV and paid the full penalty to resolve the NOV.



January 6, 2011 - Water Pollution File No. 06-071 re: Town of Johnston for property located at 1260 Central Pike in the town of Johnston. The property includes a single-family residential dwelling and a freshwater pond owned by a private resident. The Respondent owns Central Pike. On August 13, 2010, OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and 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 discharge of pollutants (in the form of sediment) from Central Pike to the freshwater pond. OC&I inspected the property on May 15, 2006 and determined that: storm water runoff from the storm water drainage system on Central Pike discharges into the pond; the storm drainage system is not functioning properly due to a broken, clogged, or undersized pipe; and road sand from the storm water runoff had discharged into the pond resulting in the filling of approximately 1,100 square feet of the pond. In the NOV, the Respondent was ordered to repair the storm water drainage system and retain a qualified environmental professional to delineate the extent of the road sand within the pond and submit to OC&I a proposed plan and schedule for removing the road sand from the pond for review and approval. OC&I assessed an administrative penalty of $6,250.00. 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 remove the existing culvert pipe and accumulated sediment from the freshwater pond and pay a penalty of $1,000.00, which was paid upon execution of the Agreement.



January 11, 2011 - Air File No. 10-18 re: Senesco Marine, LLC for a facility located at 10 MacNaught Street in the town of North Kingstown. RIDEM's Office of Air Resources (OAR) issued a permit to the Respondent on July 3, 2007 to emit air pollutants from the facility. The permit requires the Respondent to comply with an emission limit of three pounds of volatile organic compound (VOC) per gallon of coating minus water for all coatings (other than clear coatings, air dried coatings, and extreme performance coatings) applied to miscellaneous metal parts. On November 8, 2010, OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled Air Pollution Control Permits. The violation pertained to the use of a coating with a VOC content that exceeded the permit. On April 6, 2010, OAR inspected the facility. The inspection revealed that the Respondent used a coating called Interplate 937 A-B Primer containing 5.41 pounds of VOC per gallon of coating minus water from calendar years 2007 through 2010. Interplate 937 A-B Primer is not a clear coating, air dried coating, or extreme performance coating. The Respondent discontinued use of Interplate 937 A-B Primer and replaced it with a compliant coating. In the NOV, OC&I assessed an administrative penalty of $5,000.00. The Respondent did not file an appeal of the NOV with AAD; however, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $4,500.00, which was paid upon execution of the Agreement.



January 13, 2011 - Solid Waste File No. 08 - 003 re: Anthony G. Caputo for property located at 7 Crow Point Road, Assessor's Plat 1, Lot 127 in the town of Lincoln. On August 12, 2008, 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 solid waste at other than a solid waste management facility licensed by the RIDEM. The waste consisted of construction and demolition debris, scrap metal, abandoned equipment, scrap lumber, cardboard, plastics and other mixed solid waste along with what appeared to be cinder or fly ash from an industrial operation. In the NOV, the OC&I ordered the removal of all solid waste from the property within sixty days and assessed an administrative penalty of $3,500.00. The Respondent did not file an appeal of the NOV with AAD. The Respondent complied with the Order portion of the NOV and paid the full penalty to resolve the NOV.



January 31, 2011 - Hazardous Waste File No. 2008 2490 HW re: ACN-Providence, LLC for property located at 455 George Washington Highway in the town of Smithfield. The Respondent owns the property. The Respondent operates a commercial business engaged in reconditioning industrial containers at the property and is registered as a large quantity hazardous waste generator. On August 17, 2009, OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Hazardous Waste Management. The violations pertained to the failure to determine if any of the waste meets the definition of hazardous waste; failure to label each satellite accumulation container with the words "Hazardous Waste" and other words that identify the contents of the container; failure to conduct weekly inspections of the areas where containers of hazardous waste are stored and maintain written inspection logs of such inspections; failure to provide annual refresher training for all employees managing hazardous waste; and failure to maintain records regarding job title, job description, type and amount of hazardous waste management training required for the company's job positions. On July 31, 2008, OC&I inspected the facility and documented the violations. At the time of the inspection, the OC&I inspectors advised the Respondent of the violations and the actions necessary to correct the violations. On September 16, 2008, the Respondent submitted copies of a weekly container inspection log documenting the inspection of containers holding hazardous waste stored on site. In the NOV, OC&I ordered the Respondent to take specific actions to correct the remaining violations and assessed an administrative penalty of $37,750.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order portion of the NOV, and OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $25,000.00, which was paid upon execution of the Agreement.



January 31, 2011 - Multi-Media File Nos. HW 07 - 003, SW 07 - 0023 and UST 07 - 03529 re: RES Real Estate, LLC and Giles Place, LLC for property located at 28 Agnes Street, Assessor's Plat 105, Lot 481 in the city of Providence. The Respondents owned the property. On October 19, 2007, OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Hazardous Waste Management and Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and Rhode Island's Refuse Disposal Act. The violations pertained to the storage, abandonment and disposal of multiple tanks, drums and containers of hazardous waste totaling approximately 300 gallons at the property without obtaining a permit from RIDEM, the disposal of approximately 1,154 cubic yards of solid waste on the property, and the abandonment of a 10,000-gallon No. 4 heating oil underground storage tank (UST) on the property. In the NOV, the OC&I ordered the Respondents to comply with all removal and disposal regulations for the hazardous and solid wastes and ordered the Respondents to file a closure assessment and conduct a removal of the UST. The OC&I assessed a penalty in the amount of $52,080.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the Order portion of the NOV, and OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $15,000.00 in installments. The first installment of $7,500.00 was paid upon execution of the Agreement. The remaining installments will be paid quarterly in the amount of $1,875.00.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.