May 2005 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of May 2005. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

May 4, 2005 - OC&I/UST File No. 05-01561 re: Scituate Oil Company, Inc. and Barbara A. D'Allesandro for property located at 26 Green Hill Road, Assessor's Plat 30, Lot 34, in the Town of Johnston. The OC&I alleges that the Respondents are in violation of the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations"). The Respondents are the owners or operators of 3 USTs consisting of a 12,000-gallon diesel UST, a 5,000-gallon gasoline UST and a 2,000-gallon heating oil UST. The violations pertain to Respondents' failure to upgrade bare steel sections of the product piping lines for the 12,000 and 5,000-gallon USTs to meet corrosion protection requirements, failure to perform operational surveys of the sacrificial anode cathodic protection for the 12,000 and 5,000-gallon USTs, failure to compile inventory control records for the 12,000 and 5,000 gallon USTs for a period of 3 years, failure to perform tightness testing of the product piping for the 12,000 and 5,000-gallon USTs for years 1994, 1995, 1996 and 1998 through 2003, failure to perform annual testing of the line leak detectors for the 12,000 and 5,000-gallon USTs from 1994 through 2003, failure to maintain their continuous monitoring system ("CMS") to ensure that leak detection was working properly, failure to investigate an existing leak alarm from their CMS, failure to perform monthly and annual testing of the CMS, failure to maintain the spill containment basin for the 12,000-gallon UST free of liquids and solid debris, failure to provide overfill protection for the 12,000-gallon UST and failure to label the fill ports for the 12,000-gallon and the 2,000-gallon USTs to identify the material stored inside. In the NOV, OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed an administrative penalty in the amount of $29,972.00.

May 5, 2005 - OC&I/UST File No. 05-01649 re: Shannon Motors Service Center, Inc., Gosselin Realty Associates, LLC and John J. Gosselin for property located at 656 Killingly Street, Assessor's Plat 15, Lot 159 in the Town of Johnston. Respondent Gosselin Realty Associates, LLC is the owner of the property, having taken title on 5 May 1999. Respondent John J. Gosselin was the owner of the property from 1 November 1979 through 5 May 1999. Respondent Shannon Motors Service Center, Inc. is the operator of the facility. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. An 8,000-gallon and two 5,000-gallon gasoline USTs are at the facility. The violations pertain to Respondents' failure to upgrade bare steel sections of the product piping lines for the USTs to meet corrosion protection requirements, failure to compile inventory control records for the USTs from November 2001 through November 2004, failure to perform tank tightness testing for the USTs in 1999, failure to perform tightness testing of the product piping from 1995 through 2003, failure to perform annual functionality testing of the line leak detectors from 1995 through 2003, failure to perform monthly testing of the CMS from November 2001 through November 2004 and annual testing of the CMS from 1999 through 2003, failure to maintain spill containment basins free of solid debris and failure to label the fill ports to identify the material stored inside the USTs. In the NOV OC&I ordered the Respondents to comply with the applicable UST Regulations and assessed a penalty in the amount of $26,865.00.

May 17, 2005 - OC&I/Septic System File No. CI04-69 re: Gerald M. Roch for property located at 432 and 438 Washington Street, Assessor's Plat 56, Lot 90, in the Town of Coventry. The property includes one multi-family house comprised of six one- bedroom units and a separate single story building used as a real estate office. OC&I alleges that the Respondent is in violation of the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertains to discharge of sewage to the surface of the ground from the cesspools on the property. OC&I issued a Field Inspection Report and Required Actions Summary to the Respondent on April 19, 2004. The Respondent was required to pump the cesspools as necessary to prevent overflows, reduce wastewater discharges to the cesspools, and retain a licensed designer to evaluate the cesspools and propose a solution to the violation. The Respondent failed to comply with the Required Actions Summary. In the NOV the Respondent was ordered to pump the cesspools as necessary to prevent overflows and repair the failed cesspools. OC&I assessed a penalty in the amount of $1,600.00.

May 17, 2005 - OC&I/Septic System File No. CI99-79 re: Stephen and Kathleen Lane for property located at 100 Church Street, Assessor's Plat 2, Lot 8 in the Town of Tiverton. The property includes a single-family house. OC&I alleges that the Respondents are in violation of the ISDS Regulations. The violation pertains to the discharge of sewage to the surface of the ground from the septic system on the property. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on May 30, 2000. In the NOI the Respondents were required to pump the ISDS to prevent overflows, submit an evaluation of the ISDS by a licensed designer, and repair the ISDS, if necessary. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to pump the ISDS as necessary to prevent overflows and repair the ISDS. OC&I assessed a penalty in the amount of $3,000.00.

May 18, 2005 - OC&I/AIR File No. 05-03 re: Ira Green, Inc. for Respondent's facility located at 177 Georgia Avenue in the City of Providence. The OC&I alleges that the Respondent is in violation RIDEM's Air Pollution Control Regulations ("APC") and Rhode Island's Clean Air Act. The facility is a stationary source of air pollutants and has the potential to emit regulated air pollutants in excess of the applicability thresholds of APC Regulation No. 22, "Air Toxics". The Respondent is subject to an Air Toxics Operating Permit issued by RIDEM's Office of Air Resources. The Respondent operates an organic solvent cleaning machine using trichloroethylene or TCE. The solvent cleaning machine is subject to APC Regulation No. 36, entitled "Control of Emissions from Organic Solvent Cleaning". The violations pertain to Respondent's failure to properly comply with its Air Toxics Operating Permit by exceeding emission limits for TCE. The Respondent's permit allows for annual emissions of only 3,300 pounds per year; however, the Respondent exceeded this amount by emitting 4,971 pounds of TCE in 2001, 8,442 pounds in 2002 and 7,655 pounds of TCE in 2003. Additional violations include Respondent's failure to provide a compliant cover for its solvent cleaning machine, failure to provide a compliant solvent spray apparatus, failure to transfer liquid solvent using proper equipment, failure to operate the solvent cleaning machine properly, failure to perform weekly inspections, failure to monitor the speed of the automated parts handling system, failure to perform weekly temperature measurements, failure to perform semi-annual safety switch testing, and failure to maintain monitoring records for those operations listed. The Respondent also failed to submit required notification, exceedance reports and compliance reports to the RIDEM. In the NOV, OC&I ordered the Respondent to comply with the applicable APC Regulations and its Air Toxics Operating Permit and assessed a penalty in the amount of $20,500.00.

May 20, 2005- OC&I/ Water Pollution File No. 04-07 re: City of Newport. The City of Newport is the owner and operator of the Lawton Valley Water Treatment Facility located in the Town of Portsmouth (the Facility). OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of waste solids associated with the treatment of water at the Facility to Lawton Brook that either exceeded the frequency in the Respondent's discharge permit or was not authorized in the Respondent's discharge permit. The permit authorizes the Respondent to discharge filter backwash during drought, very high levels in the Lawton Valley Reservoir, or other abnormal circumstances. The Respondent has been discharging filter backwash water at least 2-3 times per day as its routine procedure. In addition, the Respondent has been discharging waste solids from the sedimentation and coagulation basins on a daily basis. The Respondent is not authorized to discharge waste solids from the sedimentation and coagulation basins. These violations have been documented by DEM since April 1992. The Respondent was notified by DEM in 1992 and 1999 that the discharges were in violation of State law and DEM regulations. In February 2000 the Respondent submitted a proposal to DEM to address the discharges. The proposal involved the construction of a force main sewer to eliminate the sedimentation and coagulation basin discharges and a treatment system to remove solids for the filter backwash. In March 2000 DEM conceptually approved the proposal; however, to date the Respondent has not taken the necessary actions to complete the work conceptually approved by DEM. In the NOV the Respondent was ordered to immediately comply with its discharge permit, immediately cease the sedimentation and coagulation basin discharges, submit a proposal to assess the impacts of the discharges to Lawton Brook and associated wetlands and the environmental benefit/harm in removing sediment, and to restore Lawton Brook and associated wetlands if DEM determines corrective measures are appropriate. OC&I assessed a penalty in the amount of $287,850.00. The penalty was based on only the violations that occurred in 2004 and included $100,000.00 for the gravity of the violation and $187,850.00 for the economic benefit from noncompliance.

May 23, 2005- OC&I/ Water Pollution File No. 05-04 re: City of Woonsocket and Veolia Water North America Operating Services, Inc. The City of Woonsocket is the owner of the Woonsocket Wastewater Treatment Facility located in the City of Woonsocket (the Facility). Veolia Water North America Operating Services, Inc. operates the Facility for the City of Woonsocket. OC&I alleges that the Respondents are in violation of the Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of pollutants (in the form of ammonia) from the Facility to the Blackstone River in concentrations that exceeded the limits in Woonsocket's wastewater discharge permit. The permit requires Woonsocket to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The DMR Forms identified violations of the monthly average limit for ammonia for each month beginning in June 2002 and extending through October 2002. The Respondent Woonsocket was also cited for failure to submit an adequate Operations and Maintenance (O&M) Manual to RIDEM for the Facility that was first identified by RIDEM as deficient in a letter that was sent to Woonsocket in January 1999. The Respondent Woonsocket was further cited for a failure to install flow-metering equipment on an internal recycle wastewater flow as required in an Order of Approval issued by RIDEM to Woonsocket in May 2001. In the NOV the Respondents were ordered to submit to RIDEM a revised complete O&M Manual prepared by a qualified engineering consultant and install the flow metering equipment. OC&I assessed a penalty in the amount of $28,400.00.

May 25, 2005 - OC&I/Freshwater Wetlands File No. C03-0218 re: David and Michele Lavigne for property located at 1 Carriage Cove Court, Assessor's Plat 41, Lot 1.3 in the Town of Coventry. David and Michele Lavigne own the property. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and DEM's Freshwater Wetland Regulations. The violation pertains to clearing and grading and installing lawn within a 50-foot Perimeter Wetland associated with Flat River Reservoir (Johnson's Pond). These activities have resulted in the unauthorized alteration of approximately 15,000 square feet of freshwater wetland. OC&I issued a Notice of Intent to Enforce (NOI) to the Respondents on March 11, 2004 requiring restoration of the altered wetlands on the Property. The Respondents failed to comply with the NOI. In the NOV the Respondents were ordered to restore the altered wetlands. OC&I assessed a penalty in the amount of $1,000.00.

May 25, 2005 - OC&I/Water Pollution File No. 04-18 re: Portsmouth School Department. The Portsmouth School Department is the owner and operator of the Portsmouth Middle School Wastewater Treatment Facility located in the Town of Portsmouth (the Facility). OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertains to the discharge of pollutants (in the form of carbonaceous biochemical oxygen demand (BOD), suspended solids, total chlorine, and fecal coliform bacteria) along with effluent that did not meet pH limits from the Facility to an unnamed brook that flows into Narragansett Bay. The discharge and effluent was in concentrations that exceeded the limits in the Respondent's wastewater discharge permit. The permit requires the Respondent to summarize monitoring results obtained during the previous month and report these results on Discharge Monitoring Report (DMR) Forms to RIDEM. The Respondent failed to submit the DMR Forms to RIDEM as required by the permit for the years 1990 through 1994, 2001, 2002 and the months of January 1995, September 1998, September 2000 through December 2000, and August 2004 through December 2004. The DMR Forms that were submitted to RIDEM for the months of January through August 2000 and January 2003 through June 2004 identified violations of the monthly average limits for BOD, suspended solids, pH, total chlorine, and fecal coliform bacteria for one or more pollutants in each month. The violations were as high as 220% over the limit for BOD, 300% over the limit for suspended solids, 50% over the limit for pH, 290% over the limit for total chlorine, and 700% over the limit for fecal coliform bacteria. The Respondent also failed to immediately report the violations to RIDEM as required by the permit and failed to perform required sampling of the wastewater as required by the permit. The Respondent was notified by RIDEM of the violations involving the failure to submit the DMR Forms in March 1999, March 2000, June 2003, September 2003, and March 2004. The Respondent was notified by RIDEM of the violations involving the discharge permit exceedances and monitoring of the wastewater discharges in March 2004. RIDEM and the Respondent met in May 2004 to discuss the violations. The Respondent advised RIDEM that restoring or replacing certain elements of the Facility was impossible or impractical at this time. RIDEM advised the Respondent of its intent to terminate the permit and require the Respondent to construct a septic system to treat wastewater from the Portsmouth Middle School. In the NOV the Respondent was assessed a penalty in the amount of $116,150.00. The penalty was based on only the violations that occurred in 2004 and included $112,500.00 for the gravity of the violation and $3,650.00 for the economic benefit from noncompliance.

May 25, 2005 - OC&I/Solid Waste File No. 05-02 re: Roland G. Bowley & Marion J. Bowley for property located at 813 Main Street, Assessor's Plat 14, Lots 47, 70 and 72 in the Town of Hopkinton. The OC&I alleges that the Respondents are in violation of the Rhode Island's Refuse Disposal Act relating to the disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license. RIDEM issued a NOV to Respondent Roland Bowley on February 1, 1990 alleging violations on the property regarding disposal of solid waste at other than a licensed solid waste management facility. On or about June 22, 1993, Respondent Roland Bowley executed a Consent Agreement with the RIDEM in which he agreed to remove all solid waste from the property within 10 months of the execution of the Consent Agreement. Compliance inspections in April 1996, October 1997, March 2001 and September 2004 revealed that solid waste remained on the property. The September 2004 inspection revealed solid waste in an estimated quantity of 689 cubic yards disposed of on the property. The solid waste consisted of unregistered vehicles, plastic wire cover insulation, furniture, truck tires, a vehicle's fuel tank, scrap metal, electronic components, damaged furnace, vehicle tires, air conditioner, electrical transformers, unregistered trailer, box trailer, light poles and an abandoned, damaged house trailer and other mixed solid waste. The Respondents do not have a license to dispose of solid waste on the property. In the NOV, OC&I ordered the Respondents to cease accepting solid waste on the property and to immediately commence removal of the waste and complete the removal of the solid waste within 180 days of receipt of the NOV. A penalty of $15,625.00 was assessed jointly and severally against each Respondent in the NOV.

May 27, 2005 - OC&I/ UST File No. 05-01793 re: RGP I, Inc. and RGP II, Inc. for property located at 135 Putnam Pike, Assessor's Plat 40, Lot 100 in the Town of Johnston. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. Respondents are the owners and operators of three USTs consisting of two 10,000-gallon gasoline USTs and one 300-gallon heating oil UST. The violations pertain to Respondents' failure to compile inventory control records for the two 10,000-gallon gasoline USTs from November 2001 through November 2004, failure to perform annual functionality testing of the line leak detectors for these USTs during the years 1998 through 2003, failure to keep the piping collection sumps for these USTs free of liquids, failure to maintain the facility's continuous leak detection monitoring system ("CMS") in an active status, failure to perform monthly testing of the CMS for three years, failure to perform annual testing of the CMS for six years, failure to maintain spill containment basins for the 300-gallon UST and one 10,000-gallon UST free of liquids and solid debris, failure to label the fill port for the 300-gallon UST to identify the material stored inside the tank, failure to upgrade the tank pad observation wells to comply with applicable UST Regulations and failure to bail the water in the groundwater monitoring wells and evaluate each sample for visual and olfactory evidence of free product at least once per year from 1997 through 2003. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $16,048.00.

May 27, 2005 - OC&I/UST File No. 05-00625 re: Hawk Enterprises, Inc., Elie N. Sakr and Pierre N. Sakr for property located at 119 Greenville Avenue, Assessor's Plat 17, Lot 126 in the Town of Johnston. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. Respondents are the owners and operators of six USTs consisting of three 6,000-gallon gasoline USTs, one 6,000-gallon diesel UST, one 1,000-gallon waste oil UST and one 1,000-gallon heating oil UST. The violations pertain to Respondents' failure to equip their 1,000-gallon waste oil UST with an automatic tank gauging system, failure to compile inventory control records for the three 6,000-gallon gasoline USTs and the 6,000-gallon diesel UST from November 2001 through November 2004, failure to perform tank tightness testing for all of the 6,000-gallon USTs for 1996, 2002 and 2003 and the 1,000-gallon waste oil tank from 1996 through 2003, failure to perform annual functionality testing of the line leak detectors for all of the 6,000-gallon USTs for 1995, 1996 and 1998 through 2003, failure to perform monthly testing of the CMS for three years, failure to perform annual certification testing of the CMS for six years, failure to keep the collection sump for one of the 6,000-gallon gasoline USTs free of liquid, failure to maintain the CMS in an operable condition, failure to maintain the spill containment basins for the 6,000-gallon diesel UST and the two 1,000-gallon USTs free of liquids and solid debris and failure to label the fill ports for the two 1,000-gallon USTs to identify the material stored inside the tanks. In the NOV, OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $31,688.00.

Formal Enforcement Cases Settled or Resolved:

May 2, 2005 - OC&I/Freshwater Wetland File No. C98-240 and OC&I/Water Pollution File No. 00-14 re: Arnold Road Realty LLC, Cardi Corporation, and Rhode Island Construction Management Group, Inc. Arnold Road Realty LLC is the former owner of property located off Arnold Road, identified as Assessor's Plat 15, Lot 97.1 in the Town of Coventry and the former operator of a gravel operation on the property. Cardi Corporation and Rhode Island Construction Management Group, Inc. are the former operators of a gravel operation on the property. On June 11, 2001 OC&I issued an NOV to Arnold Road Realty LLC. On May 14, 2003 and January 26, 2004 OC&I issued an amended NOV to add Cardi Corporation and Rhode Island Construction Management Group Inc. as Respondents. In the NOV OC&I alleged that the Respondents violated the Freshwater Wetlands Act and DEM's Freshwater Wetland Regulations and Rhode Island's Water Pollution Act and DEM's Water Quality Regulations. The violations pertained to the discharge of pollutants (in the form of sediment) from the property to freshwater wetlands that included Rope Walk Brook and Rope Walk Pond. In the NOV, the Respondents were ordered to restore the freshwater wetlands by removing the sediment that had been deposited into the freshwater wetlands, including the removal of sediment deposits in Rope Walk Pond. OC&I assessed a penalty in the amount of $28,800.00. The Respondents filed an appeal of the NOV with AAD. As part of settlement discussions, OC&I referred the case to mediation. During the mediation sessions the Respondents argued that they were not responsible for all the sediment that was deposited in the freshwater wetlands, particularly Rope Walk Pond. The Respondents stated that other sources, including runoff from the town roads, were responsible for a majority of the sediment. OC&I agreed that the Respondents were not responsible for all of the sediment but disagreed with the Respondents' characterization as to the amount of sediment that was caused by the Respondents' actions. OC&I agreed to offset a portion of the administrative penalty as a Supplemental Environmental Project (SEP) to cover expenses for the removal of sediment that was not caused by the Respondents. The parties agreed that no sediment removal was necessary in Rope Walk Brook; however, sediment and fill removal was required in a swamp and Rope Walk Pond. It was estimated that approximately 5,000 cubic yards of sediment was deposited in Rope Walk Pond. Prior to the hearing, OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to remove all unauthorized fill material from the swamp extending a distance of 18 feet from the toe of the upland slope and excavate and dispose of 1,500 cubic yards of sediment from Rope Walk Pond. The Respondents further agreed that as part of a SEP they would remove an additional 1,500 cubic yards of sediment from Rope Walk Pond. The Respondents received a credit of $20,550 for the SEP, which represents the total cost for the removal of the additional 1,500 cubic yards of sediment at a rate of $13.70 per cubic yard. The Respondents also agreed to pay an administrative penalty of $4,000 to RIDEM. The administrative penalty was paid. The Respondents agreed to complete the restoration work by August 31, 2005 provided that site access agreements can be obtained from the current property owners and that the Town of Coventry, who is the owner of Rope Walk Pond, lowers the water level in the pond by July 1, 2005. The Town of Coventry has agreed to lower the pond by July 1 and all required site access agreements have been obtained.

May 4, 2005 - OC&I/UST File No. 04-03121 re: Cumberland Farms, Inc. for property located at 244 Washington Street, Assessor's Plat 6, Lots 152 and 153 in the Town of West Warwick. On December 30, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent was in violation of RIDEM's UST Regulations. The violations pertained to the Respondent's failure to continuously operate electronic annular or interstitial space sensors to monitor the piping lines for three USTs, failure to repair the spill containment basin for one of Respondent's USTs, and failure to retrofit the tank pad observation wells at the facility to meet construction requirements as required in the UST Regulations. In the NOV, the OC&I ordered the Respondent to install or repair and then continuously operate electronic annular or interstitial space sensors for the product piping lines for its USTs, repair the spill containment basin and retrofit the tank pad observation wells at the facility. A penalty in the amount of $7,750.00 was assessed against the Respondent. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to achieve compliance with tank pad well labeling and upgrade requirements within 30 days of the execution of the Consent Agreement and otherwise documented that it was currently in compliance with the UST Regulations. The Respondent agreed to pay a penalty in the amount of $6,200.00. The penalty was paid upon execution of the Consent Agreement.

May 11, 2005 - OC&I/UST File No. 04-01257 re: Alliance Energy Corp. for its facility located at 1209 Main Street, Assessor's Plat 5B, Lots 5 and 6 in the Town of Richmond. On December 28, 2004 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to Respondent's failure to perform tank tightness testing for three USTs operated at the facility during the year 2002, failure to perform annual functionality testing of the line leak detectors for its USTs during the year 2002 and failure to perform annual certification testing of the CMS during the years 2001, 2002 and 2003. In the NOV, the OC&I ordered the Respondent to verify that it is now in compliance with the UST Regulations cited in the NOV and assessed a penalty in the amount of $7,206.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondent provided evidence to the OC&I that it is currently in compliance with the UST Regulations. The Respondent also provided documents to OC&I that showed the Respondent was partially in compliance with the UST Regulations cited in the NOV. The documents were not previously made available to OC&I at the time of inspection and prior to the issuance of the NOV. The OC&I and the Respondent agreed to a reduced penalty of $4,000.00. The Respondent paid the agreed upon penalty upon execution of the Consent Agreement.

May 18, 2005 - OC&I/UST File No. 04-01327 re: Arlene R. Barbosa for property located at 517 Warren Avenue, Assessor's Map 307, Block 9, Parcel 1 in the City of East Providence. The owner operates Warren Avenue Xtra Mart, a/k/a Warren Avenue Citgo, a/k/a DBA USA Petroleum at this location. On March 16, 2004 the OC&I issued a NOV alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to the Respondent's abandonment of the UST systems on the property for more than 180 days and failure to properly close the UST systems in accordance with the UST Regulations. The OC&I ordered the Respondent to submit a closure application within 90 days of receipt of the NOV and to submit a closure assessment report within 30 days of removal of the USTs. Depending upon information contained in the closure assessment the Respondent may be required to conduct a Site Investigation Report and prepare a Corrective Action Plan if determined necessary by RIDEM. OC&I assessed a penalty in the amount of $13,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent re-activated the USTs in compliance with the UST Regulations and otherwise provided information to the RIDEM that the abandonment of the USTs was not an intentional act on the part of the Respondent. The OC&I and the Respondent executed a consent agreement to resolve the enforcement action. The OC&I agreed to consider the Respondent's financial circumstances and agreed to a reduced penalty in the amount of $6,000.00. The OC&I agreed that the Respondent could pay $750.00 upon execution of the Consent Agreement with the remaining $5,250.00 to be paid in monthly payments over the following 24 months.

May 19, 2005 - OC&I/Septic System File No. CI03-230 re: Jerast Realty, LLC for property located at 513 Washington Street, Assessor's Plat 55, Lot 67.1 in the Town of Coventry. The property includes a multi-family (5 unit) building. On June 21, 2004, OC&I issued an NOV to the Respondent alleging that the Respondent violated the ISDS Regulations. The violation pertained to the discharge of sanitary sewage to the surface of the ground from the septic system at the property. In the NOV OC&I ordered the Respondent to connect the sewerage system for the property to the town sewerage system. OC&I assessed a penalty in the amount of $2,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to hearing, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed that the connection to the town sewerage system and payment of the $2,000.00 penalty would be completed within 30 days.

May 19, 2005 - OC&I/Septic System File No. CI 93-201 re: John Ventetuolo III and Barbara Ventetuolo for property located at 1370 Putnam Pike, Assessor's Plat 10, Lot 11 in the Town of Glocester. The property includes a commercial/residential building. On March 13, 1995 RIDEM issued an NOV to the Respondents alleging that the Respondents violated the ISDS Regulations. The violation pertained to the completion of building renovations without written approval from RIDEM for the septic system that disposes of wastewater from the building. In the NOV RIDEM ordered the Respondents to submit an application to repair the septic system. RIDEM assessed a penalty in the amount of $1,000.00. The Respondents failed to file an appeal of the NOV with AAD. In lieu of proceeding to Superior Court to enforce the NOV RIDEM referred the case for mediation. In the mediation session the Respondents agreed to replace the septic system, which was installed and conformed by RIDEM on January 8, 2004. The Respondents further agreed to pay a reduced penalty of $750.00. OC&I and the Respondents executed a Consent Agreement to resolve the NOV and the Respondents paid the penalty.

May 23, 2005 - OC&I/Freshwater Wetlands File No. C00-0277 re: Joseph and Rena Trotta for property located approximately 100 feet south of Snake Hill Road, approximately 450 feet southeast of the intersection of Snake Hill Road and Ramble Road, utility pole 58, Assessor's Plat 18, Lot 315 in the Town of Glocester. On April 30, 2004 OC&I issued a NOV to the Respondents alleging that the Respondents violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to construction of a large shed along with filling, clearing, excavation and soil disturbance. This activity altered approximately 100 linear feet of an area subject to storm flowage and approximately 8,000 square feet of Forested Wetland. The Respondents did not obtain a permit from the RIDEM prior to conducting the alterations. In the NOV OC&I ordered the Respondents to restore the freshwater wetlands. OC&I assessed a penalty in the amount of $1,600.00. The Respondents filed an appeal of the NOV with AAD. Prior to hearing, OC&I and the Respondents executed a Consent Agreement to resolve the NOV. OC&I agreed to allow the Respondents to maintain the large shed. The Respondents agreed to restore the remaining freshwater wetlands by October 1, 2005, including removal of all fill from the Forested Wetland and replanting the altered wetland areas with trees and shrubs. OC&I agreed to waive the administrative penalty based upon a review of documents provided by the Respondents that demonstrated an inability to pay the penalty; however, OC&I required the Respondents to pay the $300.00 administrative review fee for the large shed that was allowed to remain in the freshwater wetland. The Respondents agreed to pay the $300.00 review fee, and the fee was paid to RIDEM.

May 25, 2005 - OC&I/Water Pollution File No. 04-13 re: Slater Screen Print Corp. for property located at 5 Industrial Road in Cumberland. The property includes a textile manufacturing facility. On November 9, 2004, OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of pollutants (in the form of oil and grease) from the property to a water of the State identified as Millers River. The discharge was from an 8-inch pipe that was connected to a floor drain in the boiler room of the manufacturing facility. The 8-inch pipe discharged into a stormwater drainage system on the property that entered Millers River. The Respondent cut and capped the 8-inch pipe at the direction of RIDEM on April 16, 2002 to prevent further unauthorized discharges. RIDEM retained Clean Harbors to remove and dispose of the oil and grease material from the stormwater drainage system and Millers River. Quantities of material removed included over 100 tons of waste soil and debris, 10 cubic yards of oily sludge and 3,000 gallons of water and oil. OC&I ordered the Respondent to perform an inspection of the building to determine the discharge locations for all the building piping and submit a report to RIDEM of the findings, including corrective actions for any pipes that are found to be improperly connected. OC&I assessed a penalty in the amount of $13,698.48. The Respondent filed an appeal of the NOV with AAD. In settlement discussions the Respondent advised RIDEM that the owner of the building was the Dwares Corporation and that the Respondent had terminated its lease on the building in January 2004; therefore, the Respondent had no ability to comply with the ordered actions in the NOV. RIDEM agreed that the Respondent is not responsible for complying with the ordered actions in the NOV and that RIDEM would pursue compliance with the ordered actions in the NOV with the property owner. Prior to hearing, OC&I and the Respondent executed a consent agreement to resolve the NOV. The OC&I agreed to accept a reduced penalty of $6,198.48, which was paid by the Respondent.

May 27, 2005- OC&I/ Water Pollution File No. 05-03 re: Narragansett Bay Commission. The Narragansett Bay Commission is the owner and operator of the Fields Point Water Pollution Control Facility (the Facility). The Facility includes the wastewater treatment plant located at 2 Ernest Street and the wastewater collection system, which includes but is not limited to interceptor sewers located on India Street and Pitman Street in Providence. On January 20, 2005 OC&I issued an NOV to the Respondent and All State Power Vac, Inc. alleging that the Respondents violated Rhode Island's Water Pollution Act and DEM's Water Quality Regulations and Rhode Island Pollutant Discharge Elimination System (RIPDES) Regulations. The violation pertained to the discharge of pollutants (in the form of partially treated sewage) to waters of the State identified as the Providence and Seekonk Rivers. On October 2, 2002, October 4, 2002, and October 8, 2002 an estimated total of 40,200 gallons of partially treated sewage overflowed from the sewer interceptors on India Street and/or Pitman Street into the Providence River and/or Seekonk River. The overflows occurred as a result of the failure of All State Power Vac, Inc. to install adequate equipment during the maintenance work on the interceptor sewers to accommodate sewage flows in the interceptor sewers. In the NOV OC&I assessed an administrative penalty of $6,250.00. The Narragansett Bay Commission filed an appeal of the NOV with AAD. All State Power Vac, Inc. failed to file an appeal of the NOV. Prior to hearing, OC&I and the Narragansett Bay Commission executed a Consent Agreement to resolve the NOV. Respondent Narragansett Bay Commission agreed to a penalty of $1,000.00, and the penalty was paid. RIDEM will be taking further action against All State Power Vac, Inc. to obtain payment of the remaining penalty owed.

Superior Court Actions Issued:

May 23, 2005 - Superior Court File No. PC 05-2606 re: Gerard R. Martin for property located at 29 Saranac Street, Assessor's Plat 3, Lot 86 in the Town of North Smithfield. The property includes a single family dwelling owned by the Respondent. On January 14, 2005, OC&I issued an NOV to the Defendant alleging that the Defendant violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to sewage from the septic system for the dwelling overflowing to the surface of the ground and onto the abutting neighbor's property. In the NOV, OC&I ordered the Defendant to pump the septic system as needed to prevent any and all overflows and submit an application to repair the septic system. OC&I assessed a penalty in the amount of $2,000.00. The Defendant failed to request an administrative hearing on the NOV. Pursuant to R.I.G.L. § 42-17.1-2(u)(5), upon the failure to timely request a hearing after receipt of a NOV, the NOV automatically becomes a Final Compliance Order and is enforceable in the Superior Court. OC&I received a citizen's complaint on May 18, 2005 that sewage continued to overflow from the septic system onto the neighbor's property. In the Superior Court Complaint, Plaintiff Acting Director Sullivan seeks relief including an order to pump the septic system to prevent overflow and to continue pumping until the dwelling is connected to the public sewer system or the septic system is repaired, and an order requiring the Defendant to pay the assessed penalty in full.

Superior Court Actions Settled or Resolved:

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