June 2005 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 June 2005. 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:

June 1, 2005 - OC&I/AIR File No. 05-04 re: Charles Butterworth for property located at 15 Mathewson Lane in the Town of Barrington. OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violation pertains to the removal of exterior lead paint from a residence at the property by operating power sanding equipment without a required attached shroud and HEPA vacuum to capture dust from the removal operation. While lead paint debris was identified on the surface of the ground at the time of OC&I's inspection of the property, the Respondent removed all lead paint debris prior to the issuance of the NOV. In the NOV, the OC&I assessed a penalty in the amount of $2,000.00.

June 3, 2005 - OC&I/Freshwater Wetlands File No. C95-0513 re: Bryan and Kimberly Messier for property located 100 feet west of the Dolly Pond Road cul-de-sac, approximately 800 feet southwest of the intersection of Dolly Pond Road and Lodge Road, Assessor's Map 49, Block 4, Lot 49, in the Town of Exeter. The property is owned by Bryan and Kimberly Messier and includes a single family dwelling. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertain to four separate areas of alterations resulting from filling (in the form of crushed asphalt, boulders, sand and soil material), clearing, grading, and creating soil disturbance within a 100 Foot Riverbank Wetland, 50 Foot Perimeter Wetland, Swamp, and Area Subject to Storm Flowage. These activities have resulted in the unauthorized alteration of approximately 4,700 square feet of freshwater wetlands. RIDEM issued a Notice of Intent to Enforce (NOIE) to the Respondents on May 10, 1996 requiring restoration of the altered wetlands on the Property. The Respondents failed to comply with the NOIE. An inspection by OC&I in November 2003 revealed that 4 of the 5 violations cited in the NOIE remained in place. OC&I sent a letter to the Respondents on June 2, 2004 advising the Respondents that if the restoration work was not completed formal enforcement action would be taken. The Respondents failed to respond to the letter. An inspection by OC&I in April 2005 revealed that the violations remained in place. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $2,500.00.

June 6, 2005 - OC&I/Septic System File No. CI92-218 re: John Arcuri for property located at 369 Main Street, Assessor's Plat 30-1, Lot 50, in the City of Cranston. The Property is owned by John Arcuri and includes a four-bedroom one story residential building. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems ("ISDS Regulations"). The violation pertains to a failed cesspool and the discharge of sewage to the surface of the ground. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondent on March 28, 2001. In the NOIE the Respondent was required to immediately take steps to reduce the discharge of sewage, pump the cesspool to prevent sewage overflows, and submit a plan to the RIDEM to repair the cesspool. The Respondent failed to comply with the NOIE. In the NOV the Respondent was ordered to reduce the discharge of sewage to the cesspool, pump the cesspool as needed to prevent sewage overflows, and repair the cesspool. OC&I assessed a penalty in the amount of $1,600.00.

June 6, 2005 - OC&I/Septic System File No. CI 92-337 re: Alfredo and Maria Dosanjos for property located at 20 Division Street, Assessor's Plat 23, Lot 575, in the City of Pawtucket. The Property is owned by the Respondents and includes an automobile dealership. OC&I alleges that the Respondents are in violation of RIDEM's ISDS Regulations. The violation pertains to a failed cesspool and sewage overflows to the surface of the ground. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondents on August 13, 1999. In the NOIE the Respondents were required to take steps to reduce the discharge of sewage to the cesspool, pump the cesspool as necessary to prevent sewage overflows, and submit a plan to repair the cesspool. The Respondents failed to comply with the NOIE. In the NOV the Respondents were ordered to pump the cesspool as necessary to prevent sewage overflows and connect the sewerage system for the building to the public sewerage system. OC&I assessed a penalty in the amount of $3,200.00.

June 7, 2005 - OC&I/Freshwater Wetlands File No. C05-0012 re: Edward Kent for property located approximately 400 feet north of the intersection of Red Feather Trail and Indian Head Trail and immediately west of the terminus of Red Feather Trail, Assessor's Plat 34-2, Lot 77, in the Town of South Kingstown. The property is owned by Edward Kent and includes a single family dwelling and two (2) garages. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to construction of a garage and foundation with associated filling (in the form of soil material and boulders), grading and creating soil disturbance within a 100-foot Riverbank Wetland. These activities have resulted in the unauthorized alteration of approximately 4,900 square feet of freshwater wetland. In the NOV the Respondent was ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $3,500.00.

June 22, 2005 - OC&I/Oil Pollution Control File No. 03-03B re: 1850 Realty Corp - Amended NOV for property located on Rosemere Avenue, Assessor's Plat 329, lots 409 and 410 in the City of Warwick. On February 25, 2004, the OC&I issued a NOV alleging that the Respondent violated Rhode Island's Water Pollution Act, Oil Spill Prevention and Control Act and RIDEM's Oil Pollution Control ("OPC") Regulations. The violations pertained 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. The Respondent filed an appeal of the NOV with the AAD. On June 22, 2005, the OC&I issued an amended NOV to the Respondent for Respondent's continued storage of stockpiled oil contaminated soil on the property and Respondent's failure to submit documentation to RIDEM showing when and where the soils contaminated with oil were removed and disposed in accordance with Rule 13(d) of the OPC Regulations. The OC&I added an additional $12,500.00 in penalties in the Amended NOV for a total penalty of $40,150.00.

June 23, 2005 - OC&I/Freshwater Wetlands File No. C04-0351 re: Stephen Moulton for property located immediately west of Hawthorne Road, approximately 450 feet east of the intersection of Hawthorne Road and Hornbeam Road, Assessor's Plat 87, Lot 22.01, in the Town of Coventry. Sturbridge Home Builders, Inc currently owns the property. The property was previously owned by Stephen Moulton and was transferred to Sturbridge Home Builders, Inc on January 5, 2005. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violation pertains to the construction of a water line (for a housing subdivision project) and associated excavation, grubbing and clearing within Swamp, 100 Foot Riverbank Wetland, 100 Year Floodplain, and 50 Foot Perimeter Wetland in nonconformance with a permit that was issued by RIDEM to the Respondent on July 21, 2004. These activities have resulted in the unauthorized alteration of approximately 6,300 square feet of freshwater wetland. In the NOV the Respondent was ordered to remove all fill from the Swamp, replant the Perimeter Wetland and Riverbank Wetland, and submit a plan to allow the water line to remain including anti-seep collars as necessary. OC&I assessed a penalty in the amount of $7,000.00.

June 27, 2005 - OC&I/Septic System File No. CI03-101 re: Walter and Jeanmarie Zydok for property located at 42 Hines Road, Assessor's Plat 18, Lot 295, in the Town of Cumberland. The property is owned by Walter and Jeanmarie Zydok and includes a single-family dwelling. OC&I alleges that the Respondents are in violation of RIDEM's ISDS Regulations. The violations pertain to the discharge of laundry waste onto the ground surface and a failed septic system. OC&I issued a Notice of Intent to Enforce (NOIE) to the Respondents on July 3, 2003. In the NOIE the Respondents were required to immediately cease the laundry discharge and take steps to reduce the discharge of sewage to the disposal system and arrange to have the system pumped as necessary to prevent sewage overflows. The Respondents were also required to have the septic system evaluated by a licensed designer and submit a plan to repair the system, if necessary. The Respondents failed to comply with the NOIE. In the NOV the Respondents were ordered to immediately cease the discharge of laundry waste to the surface of the ground, pump the septic system as needed to prevent sewage overflows and repair the failed septic system. OC&I assessed a penalty in the amount of $1,800.00.

June 27, 2005 - OC&I/Freshwater Wetlands File No. C04-0300 re: Marc DiSalvo for property located immediately east of Arthur Richmond Road, approximately 2,900 feet east of the intersection of Arthur Richmond Road and Falls River Road, approximately 3,000 feet southwest of the intersection of Hudson Pond Road and Liberty Hill Road, Assessor's Plat 45, Lot 4-18, in the Town of West Greenwich. The property is owned by Marc DiSalvo. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertain to filling, grading, clearing, installing culverts, and creating soil disturbance to construct a road within a Swamp and 50 Foot Perimeter Wetland and clearing and maintaining a previously restored 200 Foot Riverbank Wetland that was a former gravel drive. These activities have resulted in the unauthorized alteration of approximately 9,700 square feet of freshwater wetland. In the NOV the Respondent was ordered to restore all freshwater wetlands on his property. OC&I assessed a penalty in the amount of $3,000.00.

June 30, 2005 - OC&I/Water Pollution File No. WP 05-12 re: Dwares Corporation for property located at 5 Industrial Drive in the Town of Cumberland. The property includes a former textile manufacturing facility and is owned by the Respondent. The Respondent leased the former textile manufacturing facility to Slater Screen Print Corp. On November 9, 2004, OC&I issued an NOV to the Slater Screen Print Corp alleging that the company violated Rhode Island's Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of pollutants (in the form of oil and grease) from the property to a water of the State identified as Millers River. The discharge was from an 8-inch pipe that was connected to a floor drain in the boiler room of the manufacturing facility. The 8-inch pipe discharged into a stormwater drainage system on the property that entered Millers River. Slater Screen Print Corp cut and capped the 8-inch pipe at the direction of RIDEM on April 16, 2002 to prevent further unauthorized discharges. RIDEM retained Clean Harbors to remove and dispose of the oil and grease material from the stormwater drainage system and the Millers River. Quantities of material removed included over 100 tons of waste soil and debris, 10 cubic yards of oily sludge and 3,000 gallons of water and oil. In the NOV issued to Slater Screen Print Corp OC&I ordered the company to perform an inspection of the building to determine the discharge locations for all piping in the building and submit a report to RIDEM of the findings, including corrective actions for any pipes that are found to be improperly connected. Slater Screen Print Corp filed an appeal of the NOV with AAD. In settlement discussions the company advised RIDEM that the owner of the building was the Dwares Corporation and that Slater Screen Print Corp had terminated its lease on the building in January 2004; therefore, the Slater Screen Print Corp had no ability to comply with the ordered actions in the NOV. RIDEM agreed that the Slater Screen Print Corp was not responsible for complying with the ordered actions in the NOV and that RIDEM would pursue compliance with the ordered actions in the NOV with the Dwares Corporation. On December 14, 2004 a RIDEM representative spoke with the manager of the property. RIDEM advised the manager of the ordered actions in the NOV, and sent him a facsimile of the NOV issued to Slater Screen Print Corp. The Dwares Corporation failed to comply with the ordered actions in the NOV issued to Slater Screen Print Corp. In the NOV issued to the Respondent, the Respondent was ordered to inspect all internal wastewater piping in the former manufacturing facility building to determine the location of each pipe and submit a report to RIDEM of the findings and the actions taken to correct any violations uncovered during the inspection. OC&I did not assess a penalty.

June 30, 2005 - OC&I/Hazardous Waste File No. 04-092 re: Blue Fin Yachts, Ltd., Inc. d/b/a Blue Fin Sport Fishing Vessels, Inc. for property located at 47 Gooding Avenue, Assessor's Plat 106, Lot 39 in the Town of Bristol. OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Hazardous Waste Management and the code of federal regulations enforced by RIDEM on behalf of EPA regarding hazardous waste. The violations pertain to the Respondent's failure to apply for an EPA ID number prior to storing hazardous waste, failure to label all hazardous waste containers, failure to mark all storage containers holding hazardous waste with the accumulation start date, failure to keep containers of hazardous waste closed unless adding or removing the contents, failure to provide containers holding liquid hazardous waste with secondary containment, failure to inspect containers of hazardous waste for leaks or deterioration caused by corrosion on a weekly basis, failure to develop and maintain a contingency plan for the facility in the event of a spill, release or emergency, failure to provide annual training for employees that manage hazardous waste, and failure to submit to the RIDEM the names and signatures of all agents authorized to sign hazardous waste manifests on behalf of the Respondent. In the NOV the Respondent was ordered to achieve compliance with the Regulations. OC&I assessed a penalty in the amount of $36,000.00.

June 30, 2005 - OC&I/UST File No. 05-01679 re: Johnston Gas, Inc., Joseph C. Najm and Josephine Najm for property located at 1209 Hartford Avenue, Assessor's Plat 20, Lot 32 in the Town of Johnston. Respondents are the owners and/or operators of a gasoline refueling station with two underground storage tanks (USTs) (one with 10,000-gallons of capacity and one with 6,000-gallons of capacity) on the property. On 19 January 2000, the OC&I issued a NOV to the Respondents for violations of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondents executed a Consent Agreement with the OC&I to resolve the violations cited in the 19 January 2000 NOV. The OC&I conducted an inspection of the facility on 30 November 2004 and identified multiple violations of the UST Regulations. The violations alleged in this NOV include the Respondents' failure to compile inventory control records from November 2001 through November 2004, failure to perform annual functionality tests for the line leak detectors during the years 2000, 2001 and 2003, failure to perform annual certification/testing of the continuous leak monitoring system during the years 2000, 2001 and 2003, and failure to modify the tank pad observation wells and the groundwater monitoring wells at the facility to meet the construction requirements of the UST Regulations. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $9,799.00.

June 30, 2005 - OC&I/UST File No. 05-01931 re: Automotive Recovery Services, Inc. and Whitco/Ameritest Corporation for property located at 150 and 160 Amaral Street, Assessor's Map 508, Block 1, Parcels 5 and 6, in the City of East Providence. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. Respondent Automotive Recovery Services, Inc. is the owner/operator of a 12,000-gallon diesel fuel UST at the property. The violations pertain to this Respondent's failure to test the sacrificial anode cathodic protection for the product piping line to the UST, failure to maintain inventory control records from April 2002 to April 2005, failure to perform tightness testing of the product piping line for the UST in 2001 and 2002, failure to perform monthly testing of the former automatic tank gauging system ("ATG") and the current continuous leak monitoring system ("CMS") from April 2002 through April 2005, failure to provide annual certification/testing of the ATG in 2001 and 2002 and failure to obtain prior approval of the RIDEM before installing new double-walled flexible plastic product piping to the UST. On or about February 2004, Respondent Whitco/Ameritest Corp. ("WAC") installed the new piping on behalf of Respondent Automotive Recovery Services, Inc. without prior notification to and approval of RIDEM. In addition, Respondent WAC also installed a new CMS, a new spill containment basin, a new overfill protection alarm and a new concrete tank pad all without RIDEM approval. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $12,685.00.

June 30, 2005 - OC&I/UST File No. 05-00919 re: Motiva Enterprises, LLC for property located at 10 Ten Rod Road, Assessor's Plat 93, Lot 118 in the Town of North Kingstown. The Respondent is the owner and operator of four USTs consisting of three 10,000-gallon gasoline USTs and one 550-gallon No. 2 heating oil UST. On 4 June 2004, DEM received a copy of a Compliance Application for the facility from the RI Underground Storage Tank Financial Responsibility Fund Review Board. RIDEM commenced with a compliance determination and requested that the Respondent submit copies of certain documents to verify compliance with the UST Regulations. On or about 2 December 2004, the Respondent's consultant advised RIDEM that documentation requested by RIDEM could not be located. In the NOV, the OC&I alleges that the Respondent is in violation of RIDEM's UST Regulations. The violations pertain to Respondent's failure to perform annual certification/testing of the continuous monitoring system ("CMS") during the months of September, October and November 2001, failure to perform annual functionality testing of the line leak detectors for the three 10,000-gallon gasoline USTs in 1999 and failure to compile inventory control records for the three 10,000-gallon gasoline USTs for the months of September, October and November 2001. A penalty in the amount of $6,004.00 was assessed in the NOV for Respondent's past noncompliance.

June 30, 2005 - OC&I/UST File No. 05-00105 re: Metropolitan Oil Company, Inc. and Pasqualina A. Zampa for property located at 1086 Main Street, Assessor's Plat 17, Lots 41 and 42 in the Town of West Warwick. The Respondents are the owners and operators of eight USTs consisting of three 10,000-gallon No. 2 heating oil USTs, three 8,000-gallon gasoline USTs, a 2,000 gallon diesel fuel UST and a 2,000-gallon kerosene UST. Respondent Metropolitan Oil Company, Inc. previously received a NOV from the RIDEM in 1995 for alleged noncompliance with the RIDEM UST Regulations and resolved that enforcement action through execution of a Consent Agreement in November 1995. In this NOV, the OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to perform operational surveys of the impressed current cathodic protection system for the three No. 2 heating oil USTs for the years 1999, 2001 and 2003, failure to inspect the impressed current cathodic protection system for these USTs at least once every 60 days to ensure that the equipment was running properly from October 1999 through October 2004, failure to compile inventory control records for any of their USTs from October 2001 through October 2004, failure to perform tank tightness testing for the gasoline, diesel and kerosene USTs from 1998 through 2003, failure to perform tank tightness testing for the three No. 2 heating oil USTs during the years 2002 and 2003, failure to perform tightness testing of the product piping for the diesel and kerosene USTs from 1995 through 2003, failure to perform annual functionality testing of the line leak detectors for the three gasoline USTs, the diesel fuel and the kerosene UST from 1995 through 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from October 2001 through October 2004, failure to perform annual certification/testing of the CMS from 1995 through 2003, failure to label the fill port for the kerosene UST and properly label the fill port for the diesel fuel UST, failure to maintain the piping collection sump for one of the 8,000-gallon gasoline USTs free of liquid, failure to maintain the spill containment basins for the USTs free of liquids and solid debris and failure to provide overfill protection for the diesel fuel and kerosene USTs. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $42,505.00.

June 30, 2005 - OC&I/Water Pollution File No. WP 05-10 re: A&D Sanitation. A&D Sanitation is a septage pumping and transporting business with an address of 63 Ash Avenue in the Town of Tiverton. A&D Sanitation is currently permitted by the RIDEM to transport septage waste. A&D Sanitation's permit to transport septage waste had expired on April 1, 2003 and was renewed on April 14, 2005. OC&I alleges that the Respondent is in violation of the Rhode Island Septage, Industrial Wastes and Waste Oil Pumping, Cleaning and Transportation Act and the RIDEM Hazardous Waste Regulations. The violation pertains to the transportation of septage waste on at least 84 days without a required transporter permit between April 1, 2003 and March 15, 2005. In the NOV OC&I assessed a penalty of $2,000.00.

Formal Enforcement Cases Settled or Resolved:

June 3, 2005 - OC&I/Wetlands File No. C03-0281 and Water Pollution File No. WP 04-10 re: Mary V. Schlemmer, Alice M. Schlemmer/Life Estate to John David Schlemmer, Virginia Marie Schlemmer/Life Estate to John David Schlemmer, Virginia Schlemmer and Henry Lavoie for property located approximately 350 feet west of Mann School Road, to the rear (west) of House Number 184 (Mann School Road), approximately 600 feet west/northwest of Utility Pole Number 40, approximately 1,400 feet northwest of the intersection of Mann School Road and Colwell Road and approximately 1,400 feet southeast of the intersection of Mann School Road and Burlingame Road, Assessor's Plat 47, Lots 66, 66A, 66B, 68B, 73 and 131 in the Town of Smithfield. On July 15, 2004 OC&I issued a NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act, RIDEM's Freshwater Wetland Regulations, the Water Pollution Act, and the RIDEM's Water Quality Regulations. The violations pertained to the discharge of water containing sediment to waters of the State and the alteration of wetlands by draining a Pond (and thereafter, excavating approximately 60% of the Pond bottom, grading, filling, installing a dock, and creating soil disturbance within the limits of the drained Pond), and excavating, filling, clearing, and grading within 50 Foot Perimeter Wetland and 100 Riverbank Wetland. This activity resulted in unauthorized alterations of approximately 4.2 acres of Freshwater Wetland. The Respondents did not receive approval from the RIDEM to alter freshwater wetlands or discharge water containing sediment to the waters of the State from the Property. In the NOV OC&I ordered the Respondents to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $8,100.00. The Respondents requested an administrative hearing on the NOV. Prior to a hearing on the NOV, Alice M. Schlemmer was determined to be a farmer by the RIDEM Division of Agriculture. OC&I received documents from Alice M. Schlemmer stating that she authorized Virginia Schlemmer and Henry Lavoie to conduct the dredging project in the pond for the purposes of farm pond maintenance. Farmers are exempt in Rhode Island from the requirement to obtain a permit prior to conducting farm pond maintenance under the Freshwater Wetlands Act. In lieu of proceeding to an administrative hearing on the NOV, the Respondents and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to remove all excavated soil within 50 feet of the edge of the pond and within 100 feet of the stream on the Property. All fill material removed is to be deposited outside any and all wetlands. OC&I agreed that the existing dock and a tree house located in or adjacent to the northerly portion of the pond on the Property could remain. OC&I and the Respondents agreed to a reduced penalty of $3,400.00. The penalty was paid upon execution of the Consent Agreement.

June 6, 2005 - OC&I/Freshwater Wetlands File No. C03-001 and OC&I/WP-03-05 re: Town of Coventry for property located approximately 400 feet south of the terminus of Industrial Drive, approximately 1,600 feet south of the intersection of Industrial Drive and Flat River Road (Rt. 117), Assessor's Plat 29, Lots 138 and 177 in the Town of Coventry. On October 30, 2003 OC&I issued a NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act, RIDEM's Freshwater Wetland Regulations, the Water Pollution Act, and RIDEM's Water Quality Regulations. The violations pertained to the creation of a drainage ditch within a Perimeter Wetland and the discharge of sediment-laden water into a Marsh and Riverbank Wetland adjacent to the Pawtuxet River. This activity resulted in the unauthorized alteration of 300 square feet of Perimeter Wetland and 5,000 square feet of Marsh and Riverbank Wetland. In the NOV the Respondent was ordered to cease and desist immediately from any other further alteration of freshwater wetlands and restore the altered freshwater wetlands. OC&I assessed a penalty in the amount of $13,200.00. The Respondent requested an administrative hearing on the NOV. Prior to the hearing on the NOV, the Respondent completed all work to restore the altered wetlands. The Respondent and OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to a cash penalty of $700.00 and a Supplemental Environmental Project (SEP) of $12,500.00. The SEP involves the excavation and removal of 2,200 cubic yards of sediment from Rope Walk Pond in Coventry. Rope Walk Pond is a 2.4 acre pond located in a residential neighborhood. The pond is used for recreation by residents and as a fish and wildlife habitat and has been adversely impacted by sediment/silt deposition from former gravel operations in the watershed of the pond. OC&I estimates that 2/3 of Rope Walk Pond has been impacted by sediment deposition, and in some areas the depth is 4 feet thick. OC&I entered into a separate Consent Agreement with the Cardi Corporation to remove 3,000 cubic yards of sediment from Rope Walk Pond. The SEP the Respondent will perform will remove the remaining sediment in the pond. The Town paid the cash portion of the penalty.

June 7, 2005 - OC&I/UST File No. 04-02650 re: Earle's Service Station, Inc. for property located at 35 Meetinghouse Lane, Assessor's Plat 20, Lot 14 in the Town of Little Compton. On September 22, 2004 the OC&I issued a NOV to the Respondent 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 Respondent has two USTs at the facility, both of which are 4,000 gallons in size and both store gasoline. The violations pertained to Respondent's failure to compile monthly inventory reconciliation records for its UST systems from May 2001 through May 2004, failure to procure the services of a licensed precision tester to perform line tightness testing for its USTs during the years 2001, 2002 and 2003, failure to perform monthly testing of the UST continuous monitoring system ("CMS") from May 2001 through May 2004, failure to procure the services of a qualified person to perform annual certification/testing of the CMS during the years 2001, 2002 and 2003, failure to maintain the spill containment basin for one of its USTs free of liquids or solid debris and failure to maintain a groundwater monitoring well at the facility as required under the UST Regulations. The Respondent was ordered to document compliance with the UST Regulations for all violations cited in the NOV within 30 days of receipt of the NOV. A penalty in the amount of $10,547.00 was assessed against the Respondent for the alleged violations. 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. Prior to execution, the Respondent documented compliance with the order section of the NOV. As part of the settlement negotiations, the OC&I considered the Respondent's ability to pay the penalty in this matter. A penalty in the amount of $5,000.00 was agreed to in the Consent Agreement. The Respondent paid $1,000.00 upon execution of the Consent Agreement and agreed to pay the remaining $4,000.00 within 90 days.

June 14, 2005 - OC&I/UST File No. 04-18607 re: West Bay Manor, LLC, Senior Lifestyle Horizon Bay Limited Partnership, Paul Buonaiuto, Patricia Langella, Gustin Buonaiuto, and Winnie Buonaiuto for property located at 2783 West Shore Road, Assessor's Plat 348, lot 895 in the City of Warwick. On August 24, 2004 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to equip their 500-gallon diesel fuel UST with an automatic tank gauging system, failure to conduct tank and line tightness testing for multiple years and to provide testing records to support compliance, failing to install overfill protection for Respondents' UST and to submit written verification of compliance, failing to equip Respondents' UST with a submerged fill tube, failing to label the UST fill port to identify the product in the UST and failing to update ownership records of the UST with the RIDEM. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,396.00. 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 documents that indicated that they were in compliance with some portions of the UST Regulations that were alleged to have been violated and they agreed to achieve full compliance with the one remaining citation within 30 days of execution of the Consent Agreement. The parties agreed to a penalty in the amount of $5,650.00. The penalty was paid upon execution of the Consent Agreement.

June 17, 2004 - OC&I/Water Pollution File No. WP 04-06 re: North Providence (E&A), LLC for property located at 25 Smithfield Road, North Providence, also known as North Providence Market Place, Assessor's Plat 6, Lot 267 in the Town of North Providence. The property includes the China Buffet Restaurant. On June 15, 2004, OC&I issued an NOV to North Providence (E&A), LLC (NPEA), BJC, Inc (BJC), and Li, Inc. (Li) alleging that the Respondents violated the Water Pollution Act and RIDEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violations pertained to the discharge of pollutants (in the form of grease and food waste) into the waters of the State from the restaurant at the Property. BJC and Li operated the restaurant during the period of time of the violations cited in the NOV. In the NOV OC&I ordered the Respondents to properly contain and dispose of grease generated from the restaurant and submit a plan to clean the storm drainage system of grease deposits. OC&I assessed a penalty in the amount of $25,000.00. Respondent NPEA requested an administrative hearing on the NOV. Respondents BJC and Li failed to request an administrative hearing on the NOV. Prior to the hearing, NPEA retained a contractor to clean the storm drainage system and rear parking lot of all grease deposits. In lieu of proceeding to an administrative hearing on the NOV Respondent NPEA and OC&I executed a Consent Agreement to resolve the enforcement action. Respondent NPEA agreed to retain a company to perform monthly inspections of the restaurant for the remaining term of the lease and provide reports to NPEA of the findings. OC&I and Respondent NPEA agreed to a penalty of $2,500. The penalty was paid upon execution of the Consent Agreement. OC&I has initiated further enforcement action against BJC and Li to obtain payment of the remaining $22,500 of the administrative penalty assessed in the NOV.

June 17, 2005 - OC&I/Freshwater Wetlands File No. C02-0042 re: David and Constance DeLoia for property located approximately 150 feet southwest of West Road, at House Number 379, near Utility Pole Number 9, approximately 1,300 feet southwest of the intersection of West Road and Round Top Road, Assessor's Plat 56, Lot 13, in the Town of Burrillville. On October 12, 2004 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to filling, grading, grubbing, installing culvert pipes, and creating soil disturbance to construct a driveway and retaining walls; installing fencing; stockpiling materials within freshwater wetlands; and constructing a garage and barn. These activities resulted in the unauthorized alteration of approximately 90 linear feet of River channel (450 square feet of Freshwater Wetland) and 42,000 square feet of 100-foot Riverbank Wetland. In the NOV the Respondents were ordered to restore all freshwater wetlands on their property. OC&I assessed a penalty in the amount of $1,700.00. The Respondents each filed a separate request for an administrative hearing on the NOV as they were then separated and undergoing divorce proceedings. Respondent David DeLoia continues to reside at the Property and remains in control of the same. Respondent Constance DeLoia failed to appear at the administrative hearing on May 9, 2005 and the hearing officer issued a Conditional Order of Default against her. Constance DeLoia failed to appear or otherwise address the Conditional Order of Default resulting in her removal as a party to the hearing before AAD. In lieu of proceeding to an administrative hearing on the NOV, Respondent David DeLoia and OC&I executed a Consent Agreement to resolve the NOV. Respondent David DeLoia agreed to restore all altered wetlands in accordance with a restoration plan agreed to by the Respondent and OC&I. OC&I and the Respondent agreed to a reduced penalty of $850.00. The penalty was paid upon execution of the Consent Agreement.

June 28, 2005 - OC&I/AIR File No. 03-06 re: D'Ambra Construction Company, Inc. for its facility located at 800 Jefferson Boulevard in the City of Warwick. On August 29, 2003 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation No. 9, entitled "Air Pollution Control Permits", specifically Sections 9.6.8 and 9.2.1 (a). The violations pertained to the installation and operation of a replacement bag house to control emissions from the facility's asphalt production operations without first obtaining an approval from RIDEM and failing to conduct required testing of the Respondent's formerly approved bag-house consistent with a conditional approval issued by RIDEM in November 1994. The Respondent was ordered to conduct a compliance test of its existing bag-house, correct any deficiencies immediately and submit to RIDEM a written report pertaining to the test and corrective actions taken. A penalty in the amount of $21,932.00 was assessed in the NOV. 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 complied with the order section of the NOV and submitted arguments to the OC&I regarding the economic benefit portion of the penalty. After consideration of Respondent's arguments and for settlement purposes, the penalty was reduced to $10,000.00. The reduced penalty has been paid in full.

Superior Court Actions Issued:

June 9, 2005 - Superior Court File C.A. No. 05-3124 re: W. Michael Sullivan in his capacity as Director, Rhode Island Department of Environmental Management, Plaintiff vs. John Lanni, Defendant for property located at 49 Baltimore Avenue, Assessor's Plat T, Lot 396 in the Town of Narragansett. The Property includes a single-family house. On January 25, 2005, the OC&I issued a NOV alleging that the Defendant violated RIDEM's ISDS Regulations. The violations pertained to the discharge of shower waste to the ground and a failed septic system that accepts sewage from the house. OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent on September 28, 2004. The NOI required the Defendant to pump the septic system as needed to prevent overflows, have the system evaluated and repaired, cease the shower waste discharge, and propose a permanent solution to the shower waste discharge. The Defendant failed to comply with the NOI. In the NOV OC&I ordered the Defendant to pump the septic system as needed to prevent sewage overflows and have the system evaluated and repaired. The Respondent was also ordered to propose a plan to permanently correct the shower discharge violation. OC&I assessed a penalty of $1,000.00. The Defendant failed to file an appeal of the NOV with the AAD. By failing to appeal the issuance of the NOV, the Defendant waived his right to an adjudicatory hearing resulting in the NOV automatically transforming into a Final Compliance Order of the RIDEM. Final Compliance Orders are enforceable in Superior Court. In the Superior Court complaint, Plaintiff Sullivan requested judgment in favor of the Plaintiff and requiring the Defendant to comply with all orders and penalties assessed in the NOV.

Superior Court Actions Settled or Resolved:

June 15, 2005 - Superior Court File Nos. PC92-3740 and PC02-1450, RIDEM AIR File Nos. 89-23-AP, 95-44-AP, 95-75-AP, 96-27-AP, 96-52-AP, and OC&I/AIR File No.99-07 re: Antonelli Plating Company. On or about 29 July 1998, the Defendant and the RIDEM executed a Consent Agreement to resolve enforcement actions involving the Defendant that were associated with Superior Court File No. PC92-3740 and RIDEM AIR File Nos. 89-23-AP, 95-44-AP, 95-75-AP, 96-27-AP and 96-52-AP. In the Consent Agreement, the Defendant agreed to pay DEM an amount of $25,000.00 to resolve the enforcement actions that included penalties of $21,408.85 and operating permit fees in the amount of $3,591.15. The Defendant agreed to pay DEM in the amount of $500.00 per week for fifty (50) weeks until the penalty was paid in full. The Defendant paid $8,000.00 to the DEM but then ceased making payments. On April 30, 1999, the OC&I issued a separate NOV to the Defendant alleging certain violations of RIDEM's Air Pollution Control Regulations ("APC") including APC Regulation No. 28 entitled "Operating Permit Fees", APC Regulation No. 29 entitled "Operating Permits" and APC Regulation No. 36 entitled "Control of Emissions from Organic Solvent Cleaning". In the NOV the OC&I ordered compliance with the APC Regulations and assessed a penalty in the amount of $40,224.00. The Defendant filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Defendant executed a Consent Agreement to resolve the 1999 NOV. The Defendant agreed to pay OC&I a penalty in the amount of $24,824.00 and to pay late payment penalties on Operating Permit Fees that were past due ($130.40). The Defendant agreed to pay a portion of the penalty upon execution of the Consent Agreement but for financial hardship, requested that the remaining penalty be paid overtime. The Defendant paid approximately $5,000.00 in penalties upon execution of the Consent Agreement but thereafter failed to make further payments. In March 2002, RIDEM filed a complaint in Superior Court (File No. PC02-1450) requesting that the Superior Court order the Defendant to pay to RIDEM the remaining penalties owed in all cases outstanding. On or about June 15, 2005, the Defendant paid to RIDEM the amount of $37,500.00 to resolve all matters pending before the Superior Court. A Dismissal Stipulation was filed with the Court and the enforcement actions are considered closed.