June 2009 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 2009. 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 19, 2009 - OC&I/Hazardous Waste File No. 2008 2561 HW re: Gannon & Scott, Inc. for a facility located at 33 Kenney Drive in the City of Cranston. The Respondent operates a commercial business engaged in the processing of metals and is registered with RIDEM as a large quantity hazardous waste generator. The OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Hazardous Waste Management. The violations pertain to the following: failure to keep containers of hazardous waste closed at all times unless adding or removing hazardous waste from the container; failure to provide initial and annual refresher training for all employees managing hazardous waste; failure to conduct weekly inspections of all storage containers of hazardous waste and maintain inspection logs; failure to submit to DEM the names and signatures of all personnel authorized to sign hazardous waste manifests; failure to properly label and identify accumulation start date for universal waste comprised of fluorescent bulbs; and storage of hazardous waste for greater than 90 days without a permit from DEM. OC&I inspected the facility and documented the violations on August 25, 2008. At the time of the inspection the OC&I inspectors advised the Respondent of the violations and the actions necessary to correct the violations. As of the date of the NOV, DEM has not received any documents demonstrating that the Respondent has corrected any of the violations. In the NOV, OC&I ordered the Respondent to take specific actions to correct the violations. OC&I also assessed an administrative penalty of $29,000.00.



June 19, 2009 - OC&I/Hazardous Waste File No. 2008 1890 HW re: Fine Line Graphics, Inc. for a facility located at 90 Douglas Pike in the Town of Smithfield. The Respondent operates a commercial business engaged in plating and is registered with RIDEM as a small quantity hazardous waste generator. The OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Hazardous Waste Management. The violations pertain to the following: failure to obtain a permit from DEM for the treatment, storage, or disposal of hazardous waste; failure to properly label all containers holding hazardous waste with the words "Hazardous Waste" and other words identifying the contents; failure to submit to DEM the names and signatures of all personnel authorized to sign hazardous waste manifests; failure to prepare a written contingency plan to enable workers to effectively respond to emergencies; failure to provide annual refresher training for all employees managing hazardous waste and document training; and failure to properly label and identify accumulation start date for universal waste comprised of mercury fluorescent bulbs. On March 10, 2008 and April 7, 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. As of the date of the NOV, DEM has not received documents demonstrating that the Respondent has corrected all of the violations. In the NOV, OC&I ordered the Respondent to take specific actions to correct the violations. OC&I also assessed an administrative penalty of $35,672.00.



June 19, 2009 - OC&I/Air File No. 08-14 re: Branch River Plastics, Inc. for a facility located at 15 Thurber Boulevard in the Town of Smithfield. The Respondent operates a facility that is engaged in the manufacture of polystyrene products and is a stationary source of air pollutants (in the form of pentane, a volatile organic compound). The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 29. The violation pertains to the failure to obtain a permit from DEM prior to contstructing/installing and operating a new batch polystyrene bead expander and new block molding equipment. The Respondent was issued a permit by the RIDEM Office of Air Resources (OAR) on September 30, 2006 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits" for polystyrene bead expander equipment that was in place prior to the new equipment. On or about May 30, 2008 the Respondent submitted an application to OAR for the new batch polystyrene bead expander and new block molding equipment that were installed at the facility in April 2008. The pentane releases from the new equipment exceed the regulatory emission threshold of 10 pounds or more per hour. On or about October 7, 2008 OAR issued a Notice of Alleged Violations to the Respondent for the failure to comply with the regulations. This is the second NOV issued to the Respondent for failing to obtain a permit prior to installing or operating equipment. The first NOV was issued on July 7, 2008 for failing to obtain a permit prior to installing the old polystyrene bead expander. The Respondent appealed the July 7, 2008 NOV, and the matter is pending at AAD. In the NOV, OC&I ordered the Respondent to correct any deficiencies in the application submitted to OAR within thirty days of notification by OAR. OC&I also assessed a penalty of $10,000.00.



June 23, 2009 - OC&I/Air File No. 08-13 re: T. Miozzi, Inc. for a facility located at 75 Airport Road in the Town of Coventry. The Respondent operates a facility that is engaged in the manufacture of asphalt. The Respondent was issued a permit by the RIDEM Office of Air Resources (OAR) on June 27, 2006 pursuant to RIDEM Air Pollution Control Regulation No. 9 entitled "Air Pollution Control Permits" for the facility's asphalt drum mix plant and a new ADM/BHS 272-10 bag house (Original Permit). On April 12, 2007 OAR issued a revised permit for the addition of an Astec Model 84-0263 bag house (Revised Permit). The Revised Permit revoked the approval pertaining to the ADM/BHS 272-10 bag house. On February 8, 2008 OAR issued a permit allowing the burning of alternative fuel at the facility (Current Permit). The Current Permit incorporated and included the permit conditions from the Original Permit and Revised Permit. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 9. The violation pertains to the failure to comply with the Original Permit requirement to perform emissions testing no later than 180 days after the July 2006 initial start up and to provide OAR with an emissions testing protocol for review and approval prior to any compliance test. The violation further pertains to the Respondent's failure to demonstrate compliance with the Current Permit requirement to achieve an average NOx emissions concentration at or below 109 ppmv, corrected to 7 percent O2 from the rotary drum dryer. On March 14, 2008 OAR issued a Notice of Alleged Violations to the Respondent for the failure to perform the emissions testing and submit the emissions testing protocol. The Respondent submitted the testing protocol and conducted the testing on August 15, 2008. The testing results indicated an average NOx emissions concentration of 145 ppmv, corrected to 7 percent O2. On February 27, 2009 OAR issued a Notice of Alleged Violations to the Respondent for the failure to meet the NOx emissions limit. In the NOV, OC&I ordered the Respondent to take any and all necessary measures to ensure compliance with the emissions limits in the Current Permit and conduct emissions testing of the burner of the rotary drum dryer for each fuel fired in the dryer to demonstrate compliance with the emissions limits of nitrogen oxides and carbon monoxide in the Current Permit. OC&I also assessed a penalty of $6,750.00.



June 23, 2009 - OC&I/Air File No. 08-10 re: Block Island Power Company for a facility located at 100 Ocean Avenue in the Town of New Shoreham. The Respondent operates a facility that is engaged in the production of electrical power for the island and is a stationary source of air pollutants. The Respondent was issued a permit by the RIDEM Office of Air Resources (OAR) on June 14, 2002 and a revised permit on July 11, 2007 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits". The permit requires the submission of an Annual Certification of Compliance report within 60 days of the end of the calendar year and semi-annual compliance reports within 45 days of the end of the 6-month reporting period. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control Regulation No. 29. The violation pertains to the failure to submit the Annual Certification of Compliance for calendar year 2007 and semi-annual monitoring reports for the reporting periods ending June 31 (sic), 2007 and December 31, 2007 by the deadlines specified in the permit. On May 5, 2008 OAR issued a Notice of Alleged Violations to the Respondent requiring the submission of the required reports. The Respondent submitted the reports to OAR; however, the Annual Certification of Compliance report for the period of July 11, 2007 through December 31, 2007 was unsigned. In the NOV, OC&I ordered the Respondent to submit a signed Annual Certification of Compliance report for the period of July 11, 2007 through December 31, 2007. OC&I also assessed a penalty of $2,000.00.

 

Formal Enforcement Cases Settled or Resolved:

June 4, 2009 - OC&I/Air File No. 08-09 re: City of Cranston. The City of Cranston is the owner of the Cranston Water Pollution Control Facility (the Facility). The Facility is operated by Veolia Water North America Operating Services, LLC (Veolia). The Facility is a stationary source of air pollutants and was issued a permit by the RIDEM Office of Air Resources (OAR) on June 7, 2004 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits". The permit requires the submission of an Annual Certification of Compliance report within 45 days of the end of the calendar year and semi-annual compliance reports within 15 days of the end of the 6-month reporting period. On March 27, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 29. The violation pertained to the failure to submit the Annual Certification of Compliance report for calendar year 2007 and the semi-annual monitoring report for the reporting period ending December 31, 2007 by the deadlines specified in the permit. In the NOV, OC&I assessed a penalty of $2,000.00. The Respondent did not file an appeal of the NOV with AAD. OC&I met with the Respondent to discuss the NOV, and the Respondent paid the full penalty of $2,000.00.



June 9, 2009 - OC&I/Freshwater Wetlands File No. C06-0015 re: the Rhode Island Department of Transportation and Cardi Corporation for parcels of land associated with the Route 403 state highway construction project in the Towns of East Greenwich and North Kingstown. RIDEM Office of Water Resources, Freshwater Wetland Permitting Program (FWPP) issued numerous permits to the Rhode Island Department of Transportation (RIDOT) for the Route 403 state highway project. RIDOT contracted with Cardi Corporation to complete the project. On March 1, 2007 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 the failure to comply with specific conditions of the permits associated with installation and maintenance of erosion and sedimentation controls, clearing vegetation within the Riverbank Wetland of the Hunt River, clearing vegetation within Swamp and Perimeter Wetland, and filling (in the form of sediment) into a Shrub Wetland, Swamp, and the Hunt River. The activities resulted in the unauthorized alteration of approximately 10,360 square feet of Riverbank Wetland, 2,880 square feet of Perimeter Wetland, 120 square feet of Shrub Wetland, and 645 square feet of Swamp. The Respondents did not receive an approval from RIDEM to alter freshwater wetlands beyond the limits of disturbance in the permits. In the NOV the Respondents were ordered to restore all altered freshwater wetlands. OC&I assessed an administrative penalty of $35,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. The Respondents agreed to pay an administrative penalty of $4,000.00 and were given a credit of $31,000 for their completion of a Supplemental Environmental Project (SEP). The SEP involves the restoration of approximately 2.3 acres of a historically disturbed portion of the Riverbank Wetland along Fry Brook. The Riverbank Wetland in this area is part of a remnant gravel pit. The SEP involves the transport and mixing of compost material into the sandy soil and applying hydroseed throughout the Riverbank Wetland by October 1, 2009. The Respondents paid the cash penalty upon execution of the Agreement.



June 9, 2009 - OC&I/UST File No. 09-00761 re: Constance Nobrega, Trustee, Amir Kattan, and Mohammed Y. Kattan for property located at 54 Newport Avenue, Assessor's Plat 40, Lot 1005 in the City of Pawtucket. The property includes a convenience store and gasoline station. On February 13, 2009 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 violation pertained to the failure to submit a completed Compliance Certification Checklist, Certification Statement Form, and Return to Compliance Plan (collectively, the Compliance Certification Forms) on or before June 30, 2007 for the facility's underground storage tanks, which are used for storage of petroleum products and are registered with RIDEM. In the NOV, OC&I ordered the Respondents to submit the completed Compliance Certification Forms. OC&I assessed an administrative penalty of $3,000.00. Respondents Steven DeAngelis, Mary T. DeAngelis and Linda Napalatano filed an appeal of the NOV with AAD. The Respondents submitted the Compliance Certification Forms to comply with the Order section of the NOV. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the enforcement action. OC&I agreed to waive the administrative penalty assessed in the NOV. OC&I issued the NOV to Constance Nobrega as the owner of the property and Amir Kattan and Mohammed Y. Kattan as the operators of the facility. OC&I was informed after issuance of the NOV that Constance Nobrega is now deceased and that Steven DeAngelis, Mary T. DeAngelis and Linda Napalatano are the owners of the property, as successors in title to Constance Nobrega. OC&I was also informed that Amir Kattan and Mohammed Y. Kattan no longer operate the facility. Since the individuals cited in the NOV are no longer involved in the property or facility, OC&I agreed that waiver of the penalty in this case was appropriate.



June 11, 2009 - OC&I/Multi Media-Water Pollution and Air/File Nos. 2007 1393 WP, AIR 08-01, and WP 06-146 re: Senesco Marine, LLC. The facility is comprised of a Main Yard located at 10 MacNaught Street and a Repair Yard located at 1390 Roger Williams Way, both in the Town of North Kingstown. The facility is on property inclusive of a pier owned by the Rhode Island Economic Development Corporation, leased from the Quonset Development Corporation, and operated by the Respondent. Respondent's operations at the facility include ship building and repair. The Respondent is authorized by RIDEM under a Rhode Island Pollutant Discharge Elimination System (RIPDES) permit issued in October 2006 to discharge storm water associated with industrial activity to Narragansett Bay. The Respondent submitted a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the permit that describes the actions the Respondent will take to prevent pollutants associated with the ship building and repair activity from discharging into Narragansett Bay through storm water runoff. The actions included containing sandblast debris, sweeping of the facility grounds, and obtaining a separate permit for power washing of vessels. On September 23, 2008 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 5 (Fugitive Dust) and No. 7 (Emission of Air Contaminants Detrimental to Person or Property), the Rhode Island Water Pollution Act, the RIDEM Water Quality Regulations, and the RIDEM Rules and Regulations for the Rhode Island Pollutant Discharge Elimination System. The violations pertained to the following: emitting fugitive dust onto neighboring properties; discharging pollutants (in the form of sandblast debris and paint chips) into Narragansett Bay; discharging storm water containing suspended solid material into Narragansett Bay; and power washing vessels and discharging the water into Narragansett Bay. OC&I alleged in the NOV that all of the water pollution violations were the result of the Respondent's failure to comply with the RIPDES permit and SWPPP. In the NOV OC&I ordered the Respondent to take the following immediate actions: any and all actions to comply with the RIDEM regulations on fugitive dust and emissions; cease further submergence of the dry dock at the Repair Yard without having thoroughly swept the dry dock of sandblasting grit and debris; and cease further sandblasting and painting of vessels without proper containment to prevent pollutants from entering Narragansett Bay. The Respondent was also ordered to submit a revised SWPPP that achieves the general objective of controlling pollutants in storm water discharges associated with industrial activity, and submit a proposal to perform a detailed evaluation of the extent of sandblasting debris, paint chips, and other pollutants released to Narragansett Bay from the facility and the environmental impact that it poses to the benthic environment. The proposal also must evaluate the benefit/harm to sediment cleanup. OC&I assessed an administrative penalty of $85,000.00. The Respondent filed an appeal of the NOV with AAD. On November 18, 2008 the Respondent submitted to RIDEM standard operating procedures (SOPs) for the activities that occur at the facility to ensure future compliance with the RIDEM regulations cited in the NOV. On February 12, 2009 RIDEM provided comments to the Respondent on the SOPs. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to submit revised SOPs that address the RIDEM comments and a revised SWPPP that incorporates the revised SOPs. The Respondent also agreed to pay an administrative penalty of $50,000.00 in two installments of $25,000.00. The first installment was paid upon execution of the Agreement and the second installment is due within 30 days.

 

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.