March 2002 Enforcement Action Summary

Actions Issued

Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of March 2002. 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:

March 15, 2002 - OC&I/AIR File No. 02-03-NOV re: Metals Recycling, LLC, Izzo Group, Inc., and Metals Recycling, Inc. for the facility located at 89 Celia Street in the Town of Johnston. The OC&I alleges one or more Respondents violated Rhode Island's Clean Air Act along with multiple sections of RIDEM's Air Pollution Control Regulations ("APCR"). Violations of the regulations include APCR No. 9, "Air Pollution Control Permits", APCR No. 14, "Record Keeping and Reporting", APCR No. 27, "Control of Nitrogen Oxides Emissions", APCR No. 28, "Operating Permit Fees", APCR No. 29, "Operating Permits", and APCR No. 36, "Control of Emissions from Organic Solvent Cleaning". From at least 1987, one or more Respondents operated two internal combustion diesel engines to run the facility's auto shredder hammer mills. Two of the engines rated at 1500 horsepower were operated from at least 1987 to 1999. Two newer engines rated at 3000 horsepower each were installed and operated from 1999 to the present. The facility never obtained an approval from the RIDEM to install or operate these engines. The Respondents failed to submit a Reasonably Available Control Technology ("RACT") Plan, failed to comply with RACT requirements for the control of nitrogen oxide emissions, failed to conduct emissions testing for the facility's generators, failed to apply for a Title V operating permit, failed to submit required operating permit fees and failed to submit emission inventory reports. In addition, the facility was observed to operate a solvent-cleaning machine in noncompliance with the APCR. The OC&I ordered compliance with the APCR and the Rhode Island Clean Air Act. In the event that Respondent Metals Recycling LLC does not submit a complete operating permit application, then the generators must be shut down and rendered non-operational within 180 days of the issuance of the NOV. The OC&I assessed a penalty in the amount of $1,072,278.00 of which $485,000.00 represents the gravity of the violation and $587,278.00 represents the economic benefit gained from noncompliance with the law and regulations.



March 15, 2002 - OC&I/Septic System File No. C195-262 re: Four Corners Development Associates, Inc., for property located at 2211 Diamond Hill Road, Assessor's Plat 21, Lot 361 in the Town of Cumberland. The OC&I alleges that the Respondent violated RIDEM's ISDS Regulations by allowing sewage to discharge to the surface of the ground from the septic system at the property, altering a septic system without an approval from RIDEM, and failing to maintain a septic system in good working order. On August 9, 1995 and February 21, 2001 the RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondent for the violations. The Respondent failed to adequately comply with the terms of the NOIs. The OC&I ordered the Respondent to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system, and commence work on connection to the public sewerage system. A penalty of $3,800 was assessed against the Respondent.



March 19, 2002 - OC&I/Water Pollution File No. 02-02 re: Edmund G. Proulx Jr., for property located at 285 Riverside Drive, Assessor's Plat 54, Lot 10 in the Town of Tiverton. The OC&I alleges that the Respondent violated RIDEM's Water Pollution and ISDS Regulations by allowing sewage to discharge to the Sakonnet River from the Respondent's property. On August 16, 2001 the OC&I issued a Notice of Intent to Enforce (NOI) to the Respondent for the discharge of sewage to the waters of the State. The Respondent failed to adequately comply with the terms of the NOI. The OC&I ordered the Respondent to take immediate temporary action to cease the discharge of sewage and submit a plan for a permanent solution to the violation. A penalty of $15,000 was assessed against the Respondent.



March 19, 2002 - OC&I/Septic System File No. C194-194 re: Joaquim and Diane Saraiva, for property located at 39 Kerri Lyn Road, Assessor's Plat 363, Lot 806 in the City of Warwick. The OC&I alleges that the Respondent violated RIDEM's ISDS Regulations by allowing laundry waste to discharge to the surface of the ground and failing to maintain a septic system in good working order. On April 22, 1994 and June 20, 2000 the RIDEM issued a Notice of Intent to Enforce (NOI) to the Respondent for the violations. The Respondent failed to adequately comply with the terms of the NOIs. The OC&I ordered the Respondent to immediately cease the discharge of laundry waste, have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system, and commence work on a plan to correct the violations. A penalty of $2,000 was assessed against the Respondent.



March 28, 2002 - OC&I/Wetlands File No. C97-0330 re: Lucy V. DeLisi/Leo J. DeLisi, Trustee, for property located north of Scott Drive, at house number 8, west/northwest of the intersection of Scott Drive and Sylvia Lane, Assessor's Plat 26, Lot 199 in the Town of Lincoln. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the Respondent's failure to abide by multiple permit conditions associated with a permit issued by the RIDEM on April 27, 1990 and transferred to the Respondent on May 16, 1996. In addition, the Respondent altered approximately 12,000 square feet of a Pond and 50-foot Perimeter Wetland associated with the Pond beyond that authorized in the permit by clearing, grading, and constructing a dock and fountains. The Respondent did not comply with a Notice of Intent to Enforce (NOI) issued on December 16, 1997 and conducted further unauthorized alterations of freshwater wetlands. The OC&I ordered compliance with all permit conditions not met to date and ordered restoration of the unauthorized altered wetlands. A penalty in the amount of $5,000.00 was assessed against the Respondent.



March 28, 2002 - OC&I/Wetlands File No. C02-0054 re: Zarrella Development Corporation, for property located south of Middle Road, adjacent to utility pole 47S, southwest of the intersection of Middle Road and Ridgefield Drive, Assessor's Plat 8, Lot 68 in the Town of East Greenwich. The OC&I alleges that the Respondent violated the Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to the unauthorized alterations of approximately 15,400 square feet of Forested Wetland by clearing, grading, and constructing a house foundation. RIDEM issued an Order to Cease and Desist to the Respondent on January 17, 2002. In the NOV, the OC&I ordered restoration of the unauthorized altered wetlands. A penalty in the amount of $1,000.00 was assessed against the Respondent.

 

Formal Enforcement Cases - Settled or Resolved

March 12, 2002 - OC&I/Septic System File No. C197-108 re: Robert and Susan C. Mocker for property located at 13,15,17 Hazard Street, Assessor's Plat 55, Lot 49 in the Town of Coventry. On July 8, 1999 OC&I issued a NOV to the Respondents for allegedly violating DEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems (the "ISDS Regulations"). The violations pertained to the overflow or spillage of sanitary sewage to the surface of the ground from the septic system at the property and the repair/alteration of a septic system without a permit from DEM. The OC&I ordered the Respondents to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. The OC&I assessed a penalty of $4,000. The Respondents appealed the NOV to the AAD. Prior to the hearing, the OC&I and the Respondents negotiated a settlement of the NOV. A Consent Order was entered into on January 12, 2001 to resolve all outstanding issues. The Respondents agreed to repair the septic system and pay a penalty in the amount of $1,500.00 with $300.00 paid up front and $1200.00 to be paid in $100.00 installments. The Respondents completed the repair to the septic system and paid the penalty in full.



March 18, 2002 - OC&I/UST File Nos. 99-02988 and 99-02989 re: Generations Gas, LLC, Echo Gas, LLC, JAC Operations, LLC, Jack Callaghan and Elizabeth Callaghan for properties located at 2289 Pawtucket Avenue, Assessor's Map 406, Block 8, Lot One and 3393 Pawtucket Avenue, Assessor's Map 310, Block 6, Lot 3 in the City of East Providence. On April 18, 2001, the OC&I issued Amended NOVs to the Respondents alleging that the Respondents violated multiple sections of the RIDEM's UST Regulations for two separate UST facilities. The violations pertained to operating USTs not registered with the DEM, failing to undertake mandatory corrosion protection upgrade requirements, precision testing requirements, installation of overfill protection, installation of spill containment basins, maintenance of daily written inventory records, and investigation of and reporting of suspected releases of petroleum product. The violations varied per UST facility. The OC&I ordered the Respondents to fully comply with the UST Regulations to resolve all noncompliance. The OC&I assessed a penalty in the amount of $63,274.00 for the Generations Gas facility (file no. 99-02988) and a penalty in the amount of $38,172.00 for the Echo Gas facility (file no. 99-02989). On March 18, 2002, the Respondents and the OC&I executed a consent agreement to resolve both enforcement actions. The Respondents complied with the order portions of the NOVs and permanently closed the subject USTs at both facilities. For consideration of documentation provided following issuance of the NOV, RIDEM was able to reduce the penalties to settle both NOVs in the amount of $30,785.00. The penalty is to be paid in an up front payment of $3,785.00 with the remaining penalty of $27,000.00 to be paid in 36 equal and consecutive monthly installments of $750.00.



March 29, 2002 - OC&I/Solid Waste File No. 01-008 re: Michael John Realty, Inc. and Nunes Disposal, Inc. for property located at 2 Ann & Hope Way, Assessor's Plat 12, lot 18, in the Town of Cumberland. On March 12, 2001, the OC&I issued a NOV alleging that the Respondents violated Rhode Island's Refuse Disposal Act along with applicable regulations by operating a solid waste management facility without a license. The Respondent was observed to be disposing/storing solid waste and using the property as a transfer station. The OC&I ordered the Respondent to cease any continued acceptance or disposal of waste and to remove all solid waste from the property. The OC&I assessed a penalty in the amount of $35,000.00. The Respondents appealed the NOV to the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action wherein the Respondents agreed to comply with a schedule of removal of all waste from the property. The Respondents agreed to a penalty in the amount of $28,750.00 with a payment of $5,750.00 up front and the remaining $23,000.00 to be paid in 12 equal and consecutive monthly installments of $1,916.67.