March 2012 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 March 2012. 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 addressed to Kayla Saccoccio at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

March 1, 2012 - Septic System File CI 10-115 re: Todd A. Guevremont and Susan F. Guevremont for property located at 1147A Main Street, Assessor's Plat 5B, Lot 20 in the town of Richmond. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertains to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. On September 28, 2010, the OC&I inspected the property and documented the violation. On October 12, 2010, the OC&I issued an informal written notice to the Respondents for the violation. The notice required that specific actions be taken to correct the violation. In response to the notice, the Respondents filed an application with the RIDEM to repair the OWTS. The application was approved by RIDEM; however, the Respondents have failed to proceed with the work. In the NOV, the OC&I ordered the Respondents to keep the OWTS pumped as often as necessary to prevent sewage overflows and repair the OWTS in accordance with the approval issued by RIDEM. The OC&I assessed an administrative penalty of $800.00.



March 16, 2012 - Air File No. 12-05 re: Blue Cross & Blue Shield of Rhode Island for its facility located at 500 Exchange Street in the city of Providence. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violations pertain to the installation and operation of emergency generators at the facility without a permit from the RIDEM. On January 30, 2012, the RIDEM received minor source permit applications for one diesel-fired emergency generator and two natural gas-fired emergency generators at the facility. The diesel-fired generator has a 546 horsepower (HP) engine and the natural gas fired generators each have an 814 HP engine. The generators were installed on or about July 13, 2009. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, the OC&I assessed an administrative penalty of $3,000.00.



March 20, 2012 - Air File No. 11-23 re: South County Hospital Healthcare System for its hospital located at 100 Kenyon Avenue in the town of South Kingstown. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violations pertain to the installation and operation of two boilers at the hospital without a permit from the RIDEM. On June 8, 2011, the RIDEM inspected the hospital. The inspection revealed that two boilers capable of burning #2 fuel oil and natural gas were in operation. On October 24, 2011, the Respondent submitted a letter to the RIDEM in response to the inspection. The letter stated that the boilers have a maximum heat input capacity of 8.369 million British thermal units (BTUs) per hour and that the boilers were placed in operation on March 15, 2010 and November 16, 2011. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5 million BTUs or more per hour. On or about December 30, 2011, the Respondent submitted to the RIDEM permit applications for the boilers. In the NOV, the OC&I assessed an administrative penalty of $5,132.00.



March 20, 2012 - Air File No. WP 11-20 re: Kisco LLC for property located at 957 Broad Street in the city of Central Falls. The property includes a gasoline filling station. The OC&I alleges that the Respondent is in violation of Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 11 - Petroleum Liquids Marketing and Storage. The violations pertain to the operation of gasoline dispensers with a malfunctioning vapor recovery system. On or about June 6, 2011, the RIDEM received a report prepared by Compliance Solutions, Inc. on behalf of the Respondent on the results of testing of the Stage II vapor recovery system at the station. The report stated that the system failed tests identified as the "Blockage Test" and "A/L Ratio Test". On June 6, 2011 and September 20, 2011, the RIDEM issued letters to the Respondent in response to the failed tests. The letters required the Respondent to repair the vapor recovery system and conduct new tests immediately or remove from service the gasoline dispensers. On October 7, 2011 and October 11, 2011, the RIDEM observed customers at the station dispensing fuel from the dispensers with the malfunctioning vapor recovery system. Thus far, the Respondent has failed to repair the vapor recovery system. In the NOV, the OC&I ordered the Respondent to immediately remove the dispensers from service and keep the dispensers out of service until the vapor recovery system is repaired. The OC&I assessed an administrative penalty of $10,996.00.



March 20, 2012 - Freshwater Wetland File No. FW C10-161 re: Robert Studley Jr. and Gary Studley for property located at 193 Weaver Hill Road, Assessor's Plat 8, Lot 7-1 in the town of West Greenwich. The Respondents own the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertain to clearing, excavating and filling (in the form of at least soil material) within Swamp and clearing, excavating, and filling (in the form of at least soil material) within Perimeter Wetland. This activity resulted in the unauthorized alteration of approximately 85,000 square feet of freshwater wetland. On August 17, 2010, the OC&I inspected the property and documented the violations. On September 19, 2011, the OC&I issued an informal written notice to the Respondents for the violations. The notice required specific actions to correct the violations. On October 12, 2011, the OC&I received a letter in response to the notice, in which the OC&I was advised that it was the Respondents' intent to comply with the notice. Thus far, the Respondents have failed to comply with the notice. In the NOV, the OC&I ordered the Respondents to cease and desist from any further alteration of the freshwater wetlands and restore the altered wetlands. The OC&I assessed an administrative penalty of $8,000.00.



March 29, 2012 - Multi Media OWTS File No. CI 11-118 and Hazardous Waste File No. 2011-37 re: D&L Service, Inc., Robert Gervasio and Diane Gervasio for property located at 30 Kowal Court, Assessor's Plat 35, Lot 2 in the town of Coventry. Robert Gervasio and Diane Gervasio own the property (the Owners). D&L Service Inc. (D&L) conducts business on the property. On April 20, 2010, the RIDEM issued a septage waste transporter permit (No. RI-311) to D&L. The permit authorized D&L to transport septage in accordance with the RIDEM's Rules and Regulations for Hazardous Waste Management (Hazardous Waste Regulations). On June 30, 2011, the permit expired. The OC&I alleges that the Owners are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations) and that D&L is in violation of the RIDEM's Hazardous Waste Regulations. The violations pertain to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the building located on the property to the surface of the ground, the transportation of septage without a valid permit, and the disposal of septage waste onto the surface of the ground. On August 10, 2011, the OC&I inspected the property and documented that sewage from the OWTS was discharging to the surface of the ground. On August 22, 2011, the OC&I issued an informal written notice to the Owners for the OWTS violation. The notice required that specific actions be taken to correct the violation. Thus far, the Owners have failed to respond to or comply with the notice. On August 13, 2011 and November 21, 2011, the Coventry Police Department (CPD) inspected the property. The inspections revealed that sewage from a D&L septage truck had been discharged to the surface of the ground. Mr. Gervasio informed the CPD during the August 13 inspection that he had just cleaned out his septage hauling truck and that he normally cleans out his truck at the grass line on the side of the building. Thus far, D&L does not have a permit from the RIDEM to transport sewage. In the NOV, the OC&I ordered the Owners to keep the OWTS pumped to prevent sewage overflows, retain a licensed designer to determine the cause of the failed OWTS, and repair the OWTS, if necessary. The OC&I ordered D&L to immediately cease the transportation of septage until it obtains a RIDEM transporter permit and upon receipt of said permit, at all times dispose of all collected septage at a properly licensed publicly owned treatment facility. The OC&I assessed an administrative penalty of $1,400.00 against the Owners and $12,500.00 against D&L.

Formal Enforcement Cases Settled or Resolved:

March 1, 2012 - Underground Storage Tank File No. 2010- 01396 re: Town of Coventry for property located at 1668 Flat River Road in the town of Coventry. The property includes a public works garage and two underground storage tanks (USTs or tanks) used for the storage of petroleum products. The Respondent owns the property. On April 26, 2011, the OC&I issued an 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 (UST Regulations). The violations pertained to the failure to: maintain all USTs in compliance with applicable national codes of practice; compile and maintain inventory control records; repair any malfunction of a leak-monitoring device within fifteen working days subsequent to its first occurrence; and keep all containment sumps clean and dry. In the NOV, the OC&I ordered the Respondent to comply with the UST Regulations. The OC&I assessed an administrative penalty of $6,250.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and completed a Supplemental Environmental Project (SEP) valued at $31,735.00. The SEP involved upgrades to the USTs that are above and beyond what is required by law or the RIDEM's regulations. The OC&I agreed to accept this SEP as full settlement of the penalty assessed in the NOV.



March 5, 2012 - Air File No. 11-21 re: City of East Providence for the wastewater treatment facility located at 1 Crest Drive in the city of East Providence. On January 10, 2012, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violation pertained to the installation and operation of a 1,141 horsepower (HP) diesel-fired emergency generator at the facility without a permit from the RIDEM. On November 7, 2011, the Respondent submitted to the RIDEM an application for a general permit. The application stated that the emergency generator was installed in May 2011. The RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007. In the NOV, OC&I assessed an administrative penalty of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent paid the full penalty assessed in the NOV.



March 5, 2012 - Freshwater Wetland File No. C05-0224 re: Antone and Georgianna Moniz for property located approximately 300 feet east of Stafford Road (Route 81), adjacent to number 454 Stafford Road, approximately 700 feet northeast of the intersection of Briggs Lane and Stafford Road, Assessor's Plat 99, Lot 76, in the town of Tiverton. The Respondents own the property and operate a dairy farm on the property. On October 21, 2009, 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 silage bags and assorted debris) within Swamp-Wetland Complex and 50-foot Perimeter Wetland. This activity resulted in the unauthorized alteration of 2.4 acres of freshwater wetland. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands and assessed an administrative penalty of $3,000.00. 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 Consent Agreement included the following stipulated facts: the Respondents are farmers as that term is defined in Rhode Island's Freshwater Wetlands Act; the violation is in an area of actively managed farmland that is essential to the agricultural operation; full resolution of the violation in accordance with the NOV will significantly impact the viability of the agricultural operation; completion of the work described in the Agreement will mitigate the violation to the greatest extent practicable without impacting the viability of the agricultural operation; the terms will not pose an undue risk to public health or the environment or conflict with the terms and conditions of federally delegated environmental programs; the Respondents have demonstrated a sincere effort to protect farmland and promote farming; and the Respondents did not knowingly or willfully cause the violation. The Agreement requires the Respondents to restore a degraded wetland on the property by September 30, 2011 in accordance with a plan that was approved by the OC&I and restore the wetlands in accordance with the Order section of the NOV when one of the following occurs: the property is no longer being managed by a farmer; the area of farmland where the violation exists is no longer essential to the agricultural operation; the agricultural operation changes such that compliance with the Order section of the NOV will not jeopardize the viability of the agricultural operation; or the agricultural operation changes such that it is no longer critical to meeting the RIDEM's duty to protect farmland and promote farming. The Respondents also agreed to pay the full penalty of $3,000.00 assessed in the NOV, which was paid upon execution of the Agreement.



March 5, 2012 - Dam File No. 097 (Butterfly Pond Dam) re: Town of Lincoln for property located immediately northwest of the intersection of Breakneck Hill Road and Great Road in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On May 3, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the Respondent's failure to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed an inoperable low-level gate. In the NOV, the OC&I ordered the Respondent to repair the low-level gate. The OC&I did not assess an administrative penalty. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. By June 30, 2013, the Respondent agreed to submit an application and schedule to the OC&I to repair the low-level gate or permanently lower the water level behind the dam such that the dam can be classified as Low Hazard, and upon approval by the OC&I, complete all work in accordance with the approval.



March 5, 2012 - Dam File No. 391 (Handy Upper Dam) re: Town of Lincoln for property located immediately west of Old River Road, south of the intersection of Old River Road and Mussey Brook Road and north of the intersection of Old River Road and Crestwood Lane, in the town of Lincoln. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On May 24, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the owner to maintain the dam in a safe condition. The dam was inspected on June 15, 2010. The inspection revealed the following: excessive vegetation along the upstream and downstream slopes of the embankment and on the spillway that did not allow a proper inspection to be performed and possible sediment transport through the embankment. In the NOV, the OC&I ordered the Respondent to remove the excess vegetation from the embankment and spillway, retain a professional engineer with experience in dam inspections to inspect the dam, and submit a report of the findings of the inspection to the OC&I and an application to repair the dam if the report concludes that repairs are necessary. The OC&I did not assess an administrative penalty. The Respondent did not file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. By September 30, 2012, the Respondent agreed to remove the excess vegetation from the dam and retain an engineer to inspect the dam and submit a report to the OC&I of his/her findings. For any proposed repairs to the dam, the report must include an application and schedule to repair the dam.



March 5, 2012 - Dam File No. 229 (Blue Pond Dam) re: Ashville Corporation and Greene Plastics Corporation for property located north of Cononchet Road and south of route 138 (Spring Street) in the town of Hopkinton. The property includes a former water body identified as Blue Pond and a former dam and associated spillway. The dam was classified by DEM as Significant Hazard. Ashville Corporation was the owner of the property at the time the NOV was issued. Ashville Corporation acquired the property on or about 1993. Ashville Corporation is owned by Greene Plastics Corporation. On August 12, 2010, the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for Dam Safety. The violation pertained to the failure of the Respondents to maintain the dam in a safe condition. Inspections of the dam were performed by GZA GeoEnvironmental Inc. (GZA) on November 15, 2006 on behalf of the RIDEM and by Pare Engineering Corp. (Pare) on December 6, 2004 and June 8, 2007 on behalf of Ashville Corporation. The inspections revealed the following: an inoperable low level gate; excessive vegetation on the upstream and downstream embankments; significant leakage through the downstream embankment at several locations; rotation or movement of the upstream and downstream stone masonry walls; erosion along the upstream and downstream embankments; and sinkholes on the crest. Pare issued a report of its findings from the 2004 inspection to Ashville Corporation with specific recommendations to address the deficiencies. The RIDEM issued an informal notice to Ashville Corporation on April 30, 2007. The notice included a copy of the report prepared by GZA. The notice advised Ashville Corporation that the RIDEM considered the dam unsafe and required the company to take specific actions to return the dam to a safe condition. The Respondents failed to comply with the notice. On March 31, 2010, the RIDEM received an email and photographs of the dam from Pare. The email and photographs documented a major breach in the embankment of the dam and release of water from Blue Pond. The breach occurred in the section of the embankment where significant leakage had been observed by Pare and GZA. The breach caused damage to roads and private property in Hopkinton. In the NOV, OC&I assessed an administrative penalty of $59,747.00. 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 sell a parcel of land with an appraised value of $400,000.00 to the RIDEM for $360,000.00 as full settlement of the penalty assessed in the NOV.



March 7, 2012 - Septic System File CI 10-060 re: Richard J. Martinelli and Rita L. Martinelli for property located at 33 Gould Street, Assessor's Plat 53, Lot 1383 in the town of Cumberland. The property includes a residential dwelling and is owned by the Respondents. On July 27, 2011, the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground. In the NOV, the OC&I ordered the Respondents to repair the OWTS and assessed an administrative penalty of $800.00. The Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the Order section of the NOV, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay the $800.00 penalty in eight monthly installments of $100.00. Rather than monthly payments, the Respondents decided to pay the entire $800.00, which was paid upon execution of the Agreement.



March 12, 2012 - Hazardous Waste File No. 2009-23 HW re: Unique Plating Company for its facility located at 66 Mill Street in the town of Johnston. The facility is used for plating jewelry and other related items. On February 26, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the U.S. Code of Federal Regulations (CFR). The violations pertained to Respondent's failure to: label each container (excluding satellite accumulation containers) holding hazardous waste with the words "Hazardous Waste", the name and address of the generating facility, the U.S. Department of Transportation shipping name, the Environmental Protection Agency or Rhode Island waste code and the hazardous waste manifest number (prior to being shipped offsite); mark each container holding hazardous waste with the date upon which the waste initially began to accumulate; conduct weekly inspections of container storage areas to look for leaking containers and signs of deterioration caused by corrosion or other factors and maintain documentation of the inspection of each hazardous waste storage area; keep containers holding hazardous waste closed except when adding or removing waste; prepare a written contingency plan that would be used in the event of an emergency involving hazardous waste; and provide training for all employees who manage hazardous waste. In the NOV, the OC&I ordered the Respondent to achieve compliance with the RIDEM's Hazardous Waste Regulations and the CFR and assessed a penalty in the amount of $30,398.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and submitted documents to the OC&I that demonstrated that the Respondent was unable to pay any of the administrative penalty except for the economic benefit from noncompliance, which was assessed at $398.00. The Respondent agreed to pay the $398.00, which was paid to the OC&I.



March 14, 2012 - Underground Storage Tank File No. 09-03176 re: INA Petroleum, Inc. for property located at 2862 Hartford Avenue in the town of Johnston. The property includes a gasoline service station and convenience store and three underground tanks used for storage of petroleum products. On January 27, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to: compile and maintain inventory control records; perform annual testing of line leak detectors and shear valves; promptly investigate all suspected leaks or releases; perform monthly testing of the continuous monitoring system; retain a qualified person to annually inspect, calibrate and test the continuous monitoring system; keep spill containment basins free of liquids; and annually evaluate groundwater monitoring wells and permanently maintain records of such. In the NOV, the OC&I ordered the Respondent to achieve compliance with the UST Regulations. The OC&I assessed an administrative penalty of $14,479.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV, and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a $13,666.00 penalty in 13 installments. The first installment of $1,666.00 was paid upon execution of the Agreement. The remaining penalty will be paid in monthly installments of $1,000.00.



March 22, 2012 - 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. On June 25, 2010, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the overflow of sewage from the sewage disposal system (OWTS) that is located on the property to the surface of the ground. In the NOV, OC&I ordered the Respondent to cease the discharge of sewage to the surface of the ground, pump the OWTS as needed to prevent overflows, retain a licensed designer to evaluate the OWTS and determine the cause of the failure, and repair the OWTS, if necessary. The OC&I assessed an administrative penalty of $1,400.00. The Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to vacate the dwelling and keep the dwelling vacant until the OWTS is repaired and pay a $200.00 penalty, which was paid upon execution of the Agreement.



March 26, 2012 - Water Pollution File No. WP 07-10 re: Town of West Warwick, Robert Houghton, and Alliance General Contracting, Inc. The town of West Warwick (the Town) is the owner and operator of the West Warwick Regional Wastewater Treatment Facility located at 1 Pontiac Avenue in the Town. The facility generates composted sludge product as part of its regular permitted operations, which must be distributed to end users pursuant to an Operation and Maintenance Manual approved by the RIDEM and used in accordance with a User's Guide. On August 31, 2007, the OC&I issued an NOV to the Town, Robert Haughton, and Alliance General Contracting, Inc. (collectively, the Respondents) alleging that the Respondents violated the RIDEM's Regulations for Operation and Maintenance of Wastewater Facilities and the RIDEM's Regulations for Treatment, Disposal, Utilization and Transportation of Sewage Sludge (Sludge Regulations). The violation pertained to the improper distribution and use of composted sludge product on a residential lot located on Provident Place in the town of Coventry. The OC&I alleged that the composted sludge product was disposed as fill rather than as a soil amendment as required in the User's Guide. On September 6, 2005 and September 12, 2005, the RIDEM conducted inspections of the property and found that the composted sludge was disposed on the property to a depth of 2 feet and within 1,000 feet of a private drinking water well and within 600 feet of a residential dwelling. The RIDEM reviewed distribution records from the Town that revealed that 70 separate loads of composted sludge product (over 1,000 cubic yards) was transported by West Warwick officials to the property between May 11, 2005 and July 26, 2005. Robert Houghton (the owner of the property at the time) informed the RIDEM's inspector that he disposed all but 90 cubic yards on the property. The permissible amount of composted sludge product that should have been used on the property in accordance with the User's Guide was 80 cubic yards given the application rate of a 1-2 inch layer and the area in which the product was used. Robert Houghton transferred title to the property shortly thereafter to Alliance General Contracting Inc. Upon information and belief, Robert Houghton and Alliance General Contracting Inc. were involved in the residential lot development. The Town made no effort to determine the volume of composted sludge product that was required for the proposed use as it is supposed to do under its approved Operations and Maintenance Manual. The RIDEM reviewed analytical test results of the composted sludge product collected on April 4, 2005 and July 8, 2005 and determined the presence of arsenic at a concentration of 23 ppm and 10 ppm, respectively. These concentrations exceed the residential direct exposure criteria of 7 ppm as stated in the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Site Remediation Regulations). In the NOV, OC&I ordered the Respondents to take one of the following actions: remove the composted sludge product from the property and properly dispose and/or reuse the composted sludge in accordance with the RIDEM's Sludge Regulations; blend the composted sludge product on the property with clean soil and demonstrate that the resultant mixture complies with the RIDEM's Sludge Regulations; or conduct an assessment consistent with the soil objectives in the RIDEM's Site Remediation Regulations to demonstrate that the composted sludge product does not present a risk. OC&I assessed the Town an administrative penalty of $23,750.00 and assessed Robert Houghton and Alliance General Contracting, Inc., jointly and severally, an administrative penalty of $64,460.00. The Town filed an appeal of the NOV with AAD. Robert Houghton and Alliance General Contracting, Inc. did not file an appeal of the NOV with AAD. The property was foreclosed and has been acquired by a new owner. Prior to an administrative hearing on the NOV, the OC&I and the Town executed a Consent Agreement to resolve the NOV. The Town agreed to comply with the Order section of the NOV within 90 days of the RIDEM obtaining written approval from the current property owner to allow access, and RIDEM agreed to waive the administrative penalty assessed against the Town.



March 30, 2012 - Air File No. 11-22 re: Rhode Island Department of Corrections for its facilities located at 18 Slate Street, 51 West Street, and 13 Fleming Road, all in the city of Cranston. On February 21, 2012, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Clean Air Act and the RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits. The violations pertained to the installation and operation of emergency generators at the facilities without a permit from the RIDEM. On September 27, 2011, the RIDEM received minor source permit applications for three diesel-fired emergency generators at the facilities. The generator at 18 Slate Street has a maximum heat input capacity of 10.8 million British Thermal Units (BTUs) per hour and was installed in 1989. The generator at 51 West Street has a maximum heat input capacity of 8.1 million BTUs per hour and was installed in 1991. The generator at 13 Fleming Road has a 520 horsepower (HP) engine and was installed in March 2007. RIDEM's APC Regulation No. 9 requires a minor source permit from the RIDEM for any emergency generator with an internal combustion engine of 50 HP or larger and an initial start up date on or after November 15, 2007 or for any fuel burning device designed to burn liquid fuels having a heat input capacity of 5.0 million BTUs or more per hour. In the NOV, the OC&I assessed an administrative penalty of $3,700.00. The Respondent did not file an appeal of the NOV at AAD. As a result of settlement discussions, the OC&I determined that one of the generators did not require a permit, so the penalty was reduced to $2,700.00. The Respondent had already paid the fee associated with this permit ($1,271.00) and paid an additional $700.00 as full settlement of the penalty.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None issued this month.