October 2009 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of October 2009. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

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

Media inquiries should be addressed to dem.communications@dem.ri.gov. Requests for file reviews should be emailed to dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/filereview. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

October 13, 2009 - Septic System File No. 2008 2553 IS and CI 08-0093 re: Jennifer L. Gasior for property located at 58 South Main Street, Assessor's Plat 45, Lot 91.002 in the town of Coventry. The property includes a four-bedroom family dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the discharge of sewage from the septic system for the dwelling to the surface of the ground and the use of a failed septic system. On August 26, 2008, OC&I inspected the property and observed sewage on the surface of the ground. The OC&I inspector issued a field notice to the Respondent on the day of the inspection. The notice required the Respondent to reduce the discharge of sewage to the septic system through the use of water conservation devices, arrange to have the system pumped by a licensed septage hauler as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. As of the date of the NOV, the Respondent has failed to comply with the notice. In the NOV, OC&I ordered the Respondent to immediately cease the discharge of sewage to the surface of the ground, reduce the discharge of sewage to the septic system, pump the system as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. OC&I assessed an administrative penalty of $1,400.00.

October 21, 2009 - 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 are the owners of the property and operate a dairy farm on the property. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertains 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. The violation was first observed during an inspection of the property on March 10, 2005. OC&I and the DEM Division of Agriculture met with the Respondents to attempt to resolve the violation, and OC&I issued written notices to the Respondents in January 2006 and May 2009. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property and assessed an administrative penalty of $3,000.00

October 21, 2009 - Hazardous Waste File No. 2009 2967 HW re: American Plating Co., Inc. for property located at 41 Wheatland Avenue in the city of Cranston. The Respondent operates a facility that is used for electroplating of metal products at the property and is registered with DEM as a small quantity hazardous waste generator. The OC&I alleges that the Respondent is in violation of the RIDEM Rules and Regulations for Hazardous Waste Management. The violations pertain to the failure to label containers with the words "Hazardous Waste", the name and address of the generating facility, the USDOT shipping name, the EPA or Rhode Island waste code, the accumulation start date, and/or the hazardous waste manifest number; failure to store containers holding liquid hazardous waste in an area that has a containment system; failure to provide annual refresher training for all employees managing hazardous waste; failure to maintain records regarding job title, job description, type and amount of hazardous waste management training required for the company's job positions; failure to submit to the DEM a list of agents authorized by the company to sign uniform hazardous waste manifests for offsite shipments of hazardous waste; and failure to complete and submit a Small Quantity Generator Report when required by DEM. On January 7, 2009 OC&I inspected the facility and documented the violations. At the time of the inspection, the OC&I inspectors advised the Respondent of the violations and the actions necessary to correct the violations. In the NOV, OC&I ordered the Respondent to take specific actions to correct the violations and assessed an administrative penalty of $27,234.00.
 

Formal Enforcement Cases Settled or Resolved:

October 1, 2009 - Air File No. 08-06 re: J.H. Lynch & Sons, Inc. for a facility located at 50 Lynch Place in the town of Cumberland. The Respondent operates an asphalt plant at the facility. On January 7, 2009, OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM Air Pollution Control Regulation No. 9 entitled "Air Pollution Control Permits". The violation pertained to the unauthorized installation and operation not only of equipment that is a stationary source of air pollutants (i.e., a Convertadrum) but also a baghouse without approvals from the RIDEM Office of Air Resources (OAR). In 1977 the Department of Health issued an approval to the Respondent for the installation and operation of a Barber Greene fabric filter baghouse to control particulate emissions from the asphalt plant. In 1989 the Respondent installed a Standard Haven Magnum baghouse that replaced the Barber Greene fabric filter baghouse. In 2000 the Respondent installed an Astec Jet Pulse baghouse that replaced the Standard Haven Magnum baghouse. Prior to 1997 the Respondent installed and operated a rotary drum dryer. In 1997 the Respondent installed an Astec Double Barrel Convertadrum that replaced the original rotary drum dryer. No approvals were issued by OAR for the baghouses installed in 1989 and 2000 or the Convertadrum installed in 1997. OAR reviewed information provided by the Respondent pertaining to its asphalt production rates and determined that emission limits set forth in the regulations were exceeded after 1997 when operating the Astec Double Barrel Convertadrum. In the NOV OC&I ordered the Respondent to submit applications and permit fees for the equipment. OC&I assessed a penalty of $9,455.00. The Respondent filed an appeal of NOV to AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order Section of the NOV and executed a Consent Agreement with OC&I to resolve the NOV. The Respondent agreed to pay an administrative penalty of $7,955.00, which was paid upon execution of the Agreement.

October 14, 2009 - Water Pollution and OWTS/File Nos. 2007 1480 IS and CI07-190 and 08-63 re: MJO/KRO Land LLC, Michael and Karin Ogle, and 112 Ashaway Road, LLC for property located at 112 Ashaway Road in the Town of Westerly, also known as the Chester House Restaurant, otherwise identified as Assessor's Plat 29, Lot 86. The property is currently owned by 112 Ashaway Road LLC and includes a 200 seat restaurant/banquet hall. The property was previously owned by Michael and Karin Ogle and MJO/KRO Land LLC. On September 5, 2008 OC&I issued an NOV to the Respondents alleging that the Respondents violated the Rhode Island Water Pollution Act, the RIDEM Water Quality Regulations, and the RIDEM Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violations pertained to the failure of the individual sewage disposal system (ISDS) that treats wastewater from the restaurant, the unauthorized installation of an overflow pipe from the ISDS to an adjacent freshwater wetland, the unauthorized installation of a grease tank, and the unauthorized discharge of sewage from the overflow pipe to the freshwater wetlands. In the NOV, OC&I ordered 112 Ashaway Road LLC to have the failed ISDS pumped by a licensed septage hauler as needed to prevent the ISDS from overflowing to the ground surface or backing up into the restaurant/banquet hall and repair the failed ISDS. OC&I assessed an administrative penalty of $25,000.00 against MJO/KRO Land LLC for the installation of the overflow pipe/discharge of sewage to the freshwater wetlands and assessed an administrative penalty of $400.00 against Michael and Karin Ogle for the installation of the grease tank. Respondent 112 Ashaway Road LLC 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.

October 19, 2009 - Freshwater Wetland File No. 2007 291 FW and C07-0043 re: Granite APR Development Corp. and Celtic Management Group, LLC for property located approximately 500 feet east of Granite Street (U.S. Route 1), commercial building at Number 114 Granite Street, in the vicinity of Utility Pole Number S-27, approximately 700 feet northeast of the intersection of Granite Street and Cross Street, Assessor's Plat 67, Lot 278 in the town of Westerly. The property is currently owned by Respondent Granite APR Development Corp. (Granite). On August 18, 2004 the RIDEM Office of Water Resources issued to Respondent Granite an insignificant alteration permit for building reconstruction, new impervious parking and driveway construction, and changes in drainage within freshwater wetlands. Respondent Granite retained Celtic Management Group LLC (Celtic Management) to complete the work approved in the permit. On February 11, 2009 OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, filling (in the form of soil material, boulders, granite pieces, concrete pieces, bricks, and other construction debris), grading, creating soil disturbance, and constructing a (concrete) dumpster containment area within the 50-foot Perimeter Wetland of a Pond. These activities resulted in the unauthorized alteration of 17,050 square feet of Perimeter Wetland. In the NOV, OC&I ordered the Respondents to restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $5,000.00. The Respondents filed an appeal of NOV to AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay an administrative penalty of $2,500.00 and submit a plan and review fee for some of the alterations that OC&I agreed could remain in place. The Respondents also agreed to restore the remaining altered wetlands by October 31, 2009. The penalty of $2,500.00 was paid upon execution of the Agreement.

October 20, 2009 - Freshwater Wetlands File No. C04-408 re: Rhonda Simpson for property located approximately 600 feet east of Knotty Oak Shores, adjacent to house number 12, approximately 1,100 feet southeast of the intersection of Knotty Oak Shores and Knotty Oak Road (Rt. 116) Assessor's Plats 94 and 95, Lots 29 and 2 respectively, in the town of Coventry. Plat 94, Lot 29 is owned by the Respondent. Plat 95, Lot 2 is jointly owned by Robert and Alice Bennett (one-half interest) and Holiday Products (one-half interest). On September 4, 2007, OC&I issued an NOV to the Respondent alleging that the Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetlands Regulations. The violation pertained to clearing, grubbing, grading, and filling (in the form of at least crushed stone, soil material, and assorted debris) within 50 Foot Perimeter Wetland. The violation resulted in the alteration of approximately 15,000 square feet of Freshwater Wetlands. In the NOV, OC&I ordered the Respondent to restore all damaged freshwater wetlands on the property. OC&I assessed an administrative penalty of $900.00. The Respondent did not file an appeal of the NOV to AAD. The Respondent fully complied with the Order Section of the NOV and paid the full penalty of $900.00.

October 29, 2009 - UST File No. 2007 - 1389 US re: Greenwich Bay Enterprises, Inc. for property located at 252 Second Point Road, Assessor's Plat 359, Lot 258 in the city of Warwick. The Respondent is the owner of the property and is the operator of a business on the property. The property contains one underground storage tank (UST) holding 6,000-gallons of gasoline. On June 16, 2008 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. The violations pertained to the failure to submit a completed Environmental Results Program compliance certification form to RIDEM within the time frame specified by the Director; failure to comply with the UST inventory control and record keeping requirements; failure to conduct periodic testing of the single-walled UST; failure to comply with the operation and maintenance requirements of leak monitoring devices, and failure to conduct monthly testing of the UST continuous leak monitoring system. In the NOV, OC&I ordered the Respondent to achieve compliance with the UST Regulations and assessed an administrative penalty of $7,414.00. The Respondent filed an appeal of NOV to AAD. Prior to an administrative hearing on the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to complete a Supplemental Environmental Project (SEP) at a total cost of $8,504.00 as full satisfaction of the administrative penalty assessed in the NOV. The SEP involves the following: removing, collecting and disposing of all solid and hazardous waste found in the bilges on the vessel owned by Clean the Bay in accordance with all Federal and State regulations; launching of the 60-foot LCM and the 26- foot LCM and providing temporary dockage, labor and equipment for both; providing a dumpster including loading, unloading and tipping fees for the shellfish transplant operation scheduled for Greenwich Cove; and providing hauling, washing, and blocking services and winter storage for the 2009/2010 season for the 60-foot LCM and 26-foot LCM.

October 29, 2009 - Air File No. 09-01 re: Herff Jones, Inc. for a facility located at 150 Herff Jones Way in the city of Warwick. The Respondent operates a facility that is engaged in the manufacture of stainless steel rings. On August 17, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 9. The violation pertained to the failure to comply with a permit that was issued by RIDEM's Office of Air Resources (OAR) on August 29, 2007 pursuant to RIDEM Air Pollution Control Regulation No. 9, entitled "Air Pollution Control Permits". The permit limited the Respondent's stainless steel rings' production to 100,000 stainless steel rings per year, using a twelve month rolling average. On January 21, 2009 OAR received a letter from the Respondent reporting that its production of stainless steel rings exceeded the 100,000 production limit for the previous twelve months. OAR had granted the Respondent's request to increase the production limit to 100,000 from a prior permit limit of 62,500 stainless steel rings after the Respondent reported to OAR that it had exceeded the 62,500 limit. In the NOV, OC&I assessed a penalty of $2,500.00. The Respondent did not file an appeal of NOV to AAD. In lieu of proceeding to Superior Court to enforce the NOV, OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $2,000.00, which was paid upon execution of the Agreement.

October 29, 2009 - Air File No. 08-10 re: Block Island Power Company for a facility located at 100 Ocean Avenue in the town of New Shoreham. The Respondent operates a facility that is engaged in the production of electrical power for the island and is a stationary source of air pollutants. The Respondent was issued a permit by the RIDEM Office of Air Resources (OAR) on June 14, 2002 and a revised permit on July 11, 2007 pursuant to RIDEM Air Pollution Control Regulation No. 29 entitled "Operating Permits". The permit requires the submission of an Annual Certification of Compliance report within 60 days of the end of the calendar year and semi-annual compliance reports within 45 days of the end of the 6-month reporting period. On June 23, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation No. 29. The violation pertained to the failure to submit the Annual Certification of Compliance for calendar year 2007 and semi-annual monitoring reports for the reporting periods ending June 31 (sic), 2007 and December 31, 2007 by the deadlines specified in the permit. In the NOV, OC&I ordered the Respondent to submit a signed Annual Certification of Compliance report for the period of July 1, 2007 through December 31, 2007. OC&I also assessed a penalty of $2,000.00. The Respondent filed an appeal of NOV to AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order Section of the NOV and executed a Consent Agreement with OC&I to resolve the NOV. The Respondent agreed to pay an administrative penalty of $1,250.00 in 3 installments. The first installment of $500.00 was paid upon execution of the Consent Agreement. The remaining two installments of $375.00 will be paid on or before December 1, 2009.

October 30, 2009 – OC&I/Freshwater Wetlands File No. C04-0300 re: Marc DiSalvo for property located immediately east of Arthur Richmond Road, approximately 2,900 feet east of the intersection of Arthur Richmond Road and Falls River Road, approximately 3,000 feet southwest of the intersection of Hudson Pond Road and Liberty Hill Road, Assessor's Plat 45, Lot 4-18, in West Greenwich, Rhode Island. The property is owned by Marc DiSalvo. On June 27, 2005, OC&I issued a NOV to Respondent alleging that Respondent violated the Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. The violations pertained to filling, grading, clearing, installing culverts, and creating soil disturbance to construct a road within a Swamp and 50 Foot Perimeter Wetland and clearing and maintaining a previously restored 200 Foot Riverbank Wetland that was a former gravel drive. These activities resulted in the unauthorized alteration of approximately 9,700 square feet of freshwater wetland. In the NOV, Respondent was ordered to restore all freshwater wetlands on the property. OC&I assessed a $3,000 penalty.  Respondent did not file an appeal of the NOV and fully complied with the NOV. 
 

Superior Court Actions Issued:

None issued this month.
 

Superior Court Actions Settled or Resolved:

None settled or resolved this month.