June 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 June 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:

June 2, 2010 - Underground Storage Tank File No. 2010-00386 re: Chaouki Sarkis, Mike Sarkis, Rodrique Elfakhry, and Michel Slaibi for property located at 100 Main Street in the town of Warren. The property includes a service station and six underground storage tanks (USTs) used for storage of petroleum products (the facility). 100 Main Street LLC is the owner of the property. The Rhode Island Secretary of State's records list 100 Main Street LLC as an inactive corporation. The date of the revocation certificate is June 15, 2009. The records list Chaouki Sarkis as a member of the corporation. The facility was formerly operated by Mike Sarkis and is currently operated by Rodrique Elfakhry and Michel Slaibi. 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: notify RIDEM of a change in operation of the facility; provide corrosion protection to all unprotected steel tanks and piping; compile and maintain inventory control records; retain a licensed tightness tester to perform tank tightness tests every two years; use the automatic tank gauging system to perform 0.2 gallon per hour leak tests for waste oil USTs at least once a month; retain a licensed tightness tester to perform tightness tests of pressurized, single wall product pipelines; retain a qualified tester to perform annual testing of line leak detectors; perform annual testing of shear valves; install, calibrate, and maintain leak monitoring devices in accordance with manufacturer's instructions; keep monitoring devices active except for repair and repair any malfunction within fifteen working days of its first occurrence; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; permanently label or mark all fill pipes and/or fill box covers so that the product in the tank is identified; equip all groundwater monitoring wells and tank pad observation wells with a label and a tamper resistant cover; and keep groundwater monitoring wells and tank pad observation wells from being screened to the top of the well casing. The violations were first observed during an inspection by the RIDEM on October 23, 2008 and were again observed during a follow up inspection on December 29, 2009. RIDEM issued informal notices to Mike Sarkis on November 21, 2008, January 27, 2009, and December 29, 2009, an informal notice to Chaouki Sarkis on December 29, 2009, and an informal notice to Rodrique Elfakhry and Michel Slaibi on January 4, 2010. The Respondents failed to fully comply with the notices. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $21,406.00.



June 9, 2010 - Air File No. 10-01 re: City of Cranston and Veolia Water North America Operating Systems, LLC for the wastewater treatment facility located at 140 Pettaconsett Avenue in the city of Cranston. RIDEM issued a permit to the City of Cranston on September 19, 2008 to emit air pollutants from the facility. The permit has the following conditions: measure and record daily fuel use in the facility's four boilers; not exceed ten percent opacity on emissions, averaged over six minutes, while sludge is being discharged to the facility's two multiple hearth incinerators; report exceedances of any emission limit to DEM within twenty-four hours of the exceedance; submit the results of monthly metals analysis on the sewage sludge to DEM within sixty days after collecting the samples; submit a true, accurate, and complete annual certification of compliance to DEM; and make written notification to DEM prior to replacing an emission unit. The OC&I alleges that the Respondents are in violation of RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violations pertain to the failure to comply with the permit. DEM inspected the facility on March 18, 2009. The inspection revealed that the Respondents failed to: measure and record daily fuel used in each of the four boilers; comply with the emission limit for opacity for the stacks servicing the two incinerators and report the exceedances to DEM within twenty- four hours; and submit the following reports or other documents to DEM: monthly metals analyses for sewage sludge; a true, accurate and complete annual certificate of compliance for 2008; and written notification prior to the installation of a Trane Commercial Systems Group natural gas boiler to replace a Jacson & Church natural gas boiler. In the NOV, OC&I ordered the Respondents to submit a revised annual certificate of compliance for 2008 that addresses the inaccuracies noted during the inspection. OC&I assessed an administrative penalty of $6,000.00.



June 9, 2010 - Water Pollution File No. 10-030 re: Town of Westerly for the wastewater treatment facility located in the town of Westerly. The Respondent is the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0100064. The permit authorizes the Respondent to discharge treated domestic and industrial wastewater from the facility to the Pawcatuck River. The permit requires the Respondent to: comply with daily maximum and monthly average limits of twenty-three micrograms per liter (g/l) for total copper; take all reasonable steps to minimize or prevent any discharge which has a reasonable likelihood of adversely affecting human health or the environment; and summarize monitoring results obtained during the previous month and report these results to RIDEM in a Discharge Monitoring Report (DMR). OC&I alleges that the Respondent is in violation of the Rhode Island Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's RIPDES Regulations. The violations pertain to the failure to comply with the permit. RIDEM reviewed the DMRs from October 2009 through January 2010 and determined that the Respondent had violated the maximum daily and monthly average discharge limit for total copper in each month. The daily maximum results ranged from 31 g/l to 43.4 g/l and the monthly average results ranged from 23.7 g/l to 30.0 g/l. The Respondent failed to install the equipment necessary to comply with the discharge limits for total copper. In the NOV OC&I ordered the Respondent to submit a plan and project schedule to RIDEM to achieve compliance with the discharge limits for total copper in the permit. OC&I assessed an administrative penalty of $10,000.00.



June 25, 2010 - Hazardous Waste File No. 09-25 HW re: Wood Street Investors, Inc., East Bay Rubber Company, and J. Royal Co., Inc. for a property located at 500 Wood Street, Assessor's Plat 29, Lot 1 in the town of Bristol. Wood Street Investors, Inc. is the owner of the property. The Rhode Island Secretary of State's records list East Bay Rubber Company as an inactive corporation. The date of the revocation certificate is February 16, 2006. The company was not formally dismantled. East Bay Rubber Inc. is registered with RIDEM as a small quantity hazardous waste generator at the property. The Rhode Island Secretary of State's records list East Bay Rubber Inc. as merged into J. Royal Co., Inc. on September 18, 1998. East Bay Rubber Company or East Bay Rubber Inc. or both formerly occupied one of the buildings on the property. OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertain to the unpermitted storage or disposal of hazardous waste on the property. On February 11, 2009 OC&I inspected the property. The inspection revealed: one thirty gallon container holding a clear liquid with an acidic odor that was labeled as "acetic acid", two fifty-five gallon containers holding a dark red colored fluid with a petroleum odor; and one fifteen gallon container holding a dark colored liquid with a strong petroleum odor. The results of samples collected in a follow up inspection conducted on March 5, 2009 revealed that the liquids held in the containers were flammable hazardous waste. The OC&I inspector spoke with the president of Wood Street Investors, Lyle Fain, at the time of the inspection. Mr. Fain stated that the containers were abandoned when East Bay Rubber Company moved out over three years ago. An inspection on October 23, 2009 revealed that the containers were still present. In the NOV, the OC&I ordered the Respondents to remove and properly dispose of the hazardous waste. OC&I assessed a penalty in the amount of $13,026.00.



June 2010 Septic System Notices of Violation issued by the OC&I:



The OC&I alleges that the Respondent(s) in all of the following referenced cases are in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertain to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In each case OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent(s). The NIE required the Respondent(s) to take specific corrective actions to resolve the violation. In each case the Respondent(s) failed to comply with the requirements of the NIE. In the NOV, OC&I ordered the Respondent(s) to cease the discharge of sewage to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system.



OC&I assessed the following administrative penalties against each named Respondent: Doris M. O'Brien Life Estate et al ($1,400.00); Fadette Vilson ($800.00); Duncan Ingraham ($1,400.00); OBF, LLC ($1,400); Stuart A. Tucker ($1,000.00); Jan M. McIntyre-Ba ($1,000.00); and Margery A. Fogarty ($800.00).



June 7, 2010 - Septic System File CI09-54 re: Doris M. O'Brien Life Estate et al for property located at 9 Owen Drive, Assessor's Plat 24, Lot 140 in the town of Cumberland. The property includes a 3- bedroom dwelling that is owned by the Respondents.



June 7, 2010 - Septic System File CI09-70 re: Fadette Vilson for property located at 27 Highland Road, Assessor's Plat 9, Lot 521 in the town of Cumberland. The property includes a 4-bedroom dwelling that is owned by the Respondent.



June 25, 2010 - Septic System File No. CI09-117 re: Duncan Ingraham for property located at 57 Norseman Drive, Assessor's Plat 24, Lot 224 in the town of Portsmouth. The property includes a 3-bedroom dwelling that is owned by the Respondent.



June 25, 2010 - Septic System File No. CI09-137 re: OBF, LLC for property located at 25 Simmons Road, Assessor's Plat 29, Card 18, Lot 18C33 in the town of Little Compton. The property includes a 3-bedroom dwelling that is owned by the Respondent.



June 25, 2010 - Septic System File No. CI 10-38 re: Stuart A. Tucker for property located at 161 Oak Hill Road (also known as 121/123 Sweet Lane), Assessor's Plat 85, Lot 93 in the town of North Kingstown. The property includes a 4-bedroom, 2-unit apartment dwelling that is owned by the Respondent.



June 25, 2010 - Septic System File No. CI 10-8 re: Jan M. McIntyre-Ba for property located at 6 Old Angell Road, Assessor's Plat 39, Lot 89 in the town of Cumberland. The property includes a 6-bedroom, 3-unit apartment dwelling that is owned by the Respondent.



June 25, 2010 - Septic System File No. CI09-118 re: Margery A. Fogarty for property located at 40 Glenside Road, Assessor's Plat 15, Lot 16 in the town of Cumberland. The property includes a 2-bedroom dwelling that is owned by the Respondent.

Formal Enforcement Cases Settled or Resolved:

June 11, 2010 - Freshwater Wetlands File No. C06 - 251 re: Manuel D. and Ana M. Fialho for property located immediately north of the intersection of Luther Street and Woodcliffe Avenue, immediately northwest of Woodcliffe Avenue (left of house number 24), Assessor Plat 607, Lot 1.1, in the city of East Providence. The property is owned by the Respondents. The Respondents reside on a parcel adjacent to the property that was the subject of a Freshwater Wetlands Applicability Determination No. 89-0030D on August 24, 1989. The Determination for proposed construction on Respondents' adjacent parcel was issued to a previous owner and was recorded in the Land Evidence Records. The wetland was illustrated on the approved plans associated with the Determination, and the Determination noted that a permit might be necessary for any additional alterations. On June 6, 2008 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to filling, clearing and grading within a Wetland Complex. The activity resulted in the unauthorized alteration of approximately 3,100 square feet of wetland. In the NOV, the OC&I ordered the Respondents to restore all freshwater wetlands and assessed an administrative penalty of $2,500.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the freshwater wetlands by October 1, 2010 (in accordance with a plan that was approved by OC&I on February 3, 2010) and pay to RIDEM an administrative penalty of $500.00. The penalty was paid upon execution of the Agreement.



June 14, 2010 - Multi-Media - Freshwater Wetlands File No. C02-067 and C-1208 and Solid Waste File No. 04-056 re: Emanuel and Irene Torti and Itrot Realty Company for property located north of the terminus of Spectacle Street and northwest of Russe Street, Assessor's Plat 6, Lot 1286 (aka Assessor's Plat 6/4, Lot 1286) in the city of Cranston. On June 22, 1982 and August 20, 1984 RIDEM issued NOVs to Itrot Realty Company alleging certain violations of Rhode Island's Freshwater Wetlands Act on the property. The Rhode Island Secretary of State's records list Itrot Realty Company as an inactive corporation. The date of revocation certificate is August 11, 1995. On January 12, 2005 OC&I issued an NOV to Emanuel and Irene Torti alleging certain violations of Rhode Island's Freshwater Wetlands Act, RIDEM's Rules and Regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, and Rhode Island's Refuse Disposal Act on the property. At the time of the issuance of the NOV Emanuel and Irene Torti were the owners of the property. The freshwater wetland violations pertained to the unauthorized alteration of approximately 8,750 square feet of Perimeter Wetland by filling, grading and soil disturbance; maintaining fill material over an approximate 1,200 square foot section of Spectacle Pond; and maintaining fill material within 50 feet of Spectacle Pond over an area of approximately 12,750 square feet. The solid waste violations pertained to the disposal of approximately 1,800 cubic yards of mixed solid waste in the form of white goods, painted and treated wood waste, abandoned trailers filled with tires and other mixed solid waste and operating a solid waste management facility without a license. In the NOV, the OC&I ordered Emanuel and Irene Torti to restore the freshwater wetlands, cease the acceptance of solid waste and remove all solid waste from the property. OC&I assessed an administrative penalty in the amount of $15,500.00. Emanuel and Irene Torti filed an appeal of the NOV with AAD. Irene Torti died on June 10, 2007, and the property was later sold to West Russe Realty, LLC. Prior to an administrative hearing on the NOV, the OC&I and Emanuel Torti and West Russe Realty, LLC executed a Consent Agreement to resolve the NOVs. Emanuel Torti and/or West Russe Realty agreed to restore the freshwater wetlands by October 15, 2010 (in accordance with a plan submitted to OC&I on April 17, 2009) and remove and properly dispose of all solid waste on the property to a licensed solid waste management facility by October 15, 2010. West Russe Realty, LLC agreed to pay an administrative penalty of $7,749.00. The penalty was paid upon execution of the Agreement.



June 21, 2010 - Freshwater Wetland File No. C07-058 re: Thayden and Linda Waltonen for property located approximately 400 feet northeast of Mishnock Road at Utility Pole No. 38.5/7, approximately 1,000 feet southeast of the intersection of Mishnock Road and Nooseneck Hill Road, Assessor's Plat 6, Lot 13-1 in town of West Greenwich. On February 26, 2010 the OC&I issued an NOV to the Respondents alleging that the Respondents 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 gravel), constructing portions of a building (storage unit), excavating to create a detention basin, and placing storage containers within 50 Foot Perimeter Wetland; clearing, filling (in the form of at least gravel and asphalt) and storing vehicles within a separate portion of 50 Foot Perimeter Wetland; clearing and filling (in the form of at least soil material and wood chips) within 100 Foot Riverbank Wetland, and discharging storm water into a Swamp via the unauthorized detention basin noted above. This activity resulted in the unauthorized alteration of about 29,300 square feet of freshwater wetlands. 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 $2,400.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the freshwater wetlands by October 15, 2010 (in accordance with a plan approved by OC&I on April 26, 2010) and pay to RIDEM an administrative penalty of $1,600.00. The penalty was paid upon execution of the Agreement.



June 23, 2010 - Water Pollution File No. WP 08-010 re: Sakonnet Point Club and Reagan Construction Corp. for property located at 11 Bluff Head Avenue in Little Compton. The property includes a yacht club and desalination water treatment facility to supply drinking water to the yacht club. Sakonnet Point Club (SPC) is the owner of the property. On November 29, 2002 RIDEM issued a permit to SPC that authorized the discharge of treated wastewater from the water treatment facility to the Sakonnet River. As part of the permit, RIDEM approved the construction of a wastewater outfall pipe to the Sakonnet River. The permit required SPC to discharge wastewater from the outfall pipe at a depth of 13 feet below sea level, perform analytical testing 1 day each month, and provide true and accurate information to RIDEM. The approved plans for the wastewater outfall pipe also required the installation of two pre-cast concrete blocks to support the pipe. Reagan Construction Corp. (Reagan) was contracted by SPC to construct the wastewater outfall pipe for the water treatment facility. On March 20, 2008 OC&I issued an NOV to the Respondents alleging that SPC violated the Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System and that Reagan violated the Water Pollution Act and RIDEM's Water Quality Regulations. SPC's violations pertained to the failure to discharge wastewater at the authorized depth, failure to perform analytical testing, and the failure to provide accurate information to RIDEM. Reagan's violation pertained to the unauthorized discharge of concrete to State waters. In the NOV, OC&I assessed an administrative penalty of $33,750.00 to SPC and an administrative penalty of $6,250.00 to Reagan. On June 30, 2008 OC&I and Reagan executed a Consent Agreement to resolve the penalty assessed against Reagan. On May 13, 2009 OC&I and SPC executed a Consent Agreement to resolve the penalty assessed against SPC. SPC agreed to pay $20,000.00 in two installments of $10,000 each. The 1st installment was paid upon execution of the Agreement. Prior to payment of the 2nd installment, OC&I and SPC executed an amended Consent Agreement. The amended Consent Agreement required SPC to pay to the town of Little Compton (Little Compton) $4,150 and pay to RIDEM the remaining balance of $5,850. The payments were made upon execution of the Agreement. The payment to Little Compton will be used to complete a Supplemental Environmental Project (SEP) to alleviate flooding at Pennsylvania Road. The SEP involves removal of excessive vegetation and sediment from a storm water drainage swale owned by RIDEM that is located adjacent to Pennsylvania Road, treatment of the swale with a chemical product to reduce occurrence of grasses in the swale, and overseeding of the drainage swale with broadleaf perennials. RIDEM will be responsible for obtaining all necessary permits from the Coastal Resources Management Council and Little Compton will be responsible for completing the work for the SEP.



June 23, 2010 - UST File No. 2007-440 US re: Aneri Realty, Inc. and 1100 Main St. Coventry LLC for property located at 1100 Main Street, Assessor's Plat 45, Lot 45 in the town of Coventry. The property includes three 8,000 gallon underground storage tanks (USTs), which are used for storage of gasoline. On June 23, 2010 the OC&I issued an NOV against the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to an inoperable leak sensor for the product pipeline and collection sump for one of the USTs and a failure to keep the collection sump free of liquid. In the NOV OC&I ordered the Respondents to achieve compliance with the UST Regulations. OC&I assessed an administrative penalty of $5,000.00. 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 an administrative penalty of $3,500, which was paid upon execution of the Agreement.



June 25, 2010 - Air File No. 10-04 re: Rhode Island Air National Guard for a facility located at 502 Rhode Warrior Way in the town of North Kingstown. On May 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 a 422 horsepower diesel fired emergency generator without applying for or receiving a Minor Source Permit from RIDEM. The horsepower of the generator exceeds the 50 horsepower permitting threshold set forth in APC Regulation No. 9. On April 23, 2010 the Respondent submitted a permit application and associated fee to RIDEM for the emergency generator. The application stated that the generator was installed in March 2009. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent complied with the NOV by paying the $1,000.00 penalty.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.