October 2010 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of October 2010. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

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

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

Formal Enforcement Actions Issued:

October 21, 2010 - Dam File Nos. 168 (Oak Swamp), 169 (Almy), 170 (Simmons Upper) and 171 (Simmons Lower) re: Town of Johnston for dams in the town of Johnston. Dam 168 is located west of Reservoir Avenue, south of Hartford Avenue and north of Shore Drive. Dam 169 is located north of Central Avenue, west of route I-295 and east of Reservoir Avenue. Dam 170 is located east of Taylor Road, north of Plainfield Pike and west of route I-295. Dam 171 is located north of Plainfield Pike, east of Taylor Road and west of route I-295. The Respondent owns the dams. The dams are classified by RIDEM as High Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dams in a safe condition and the Respondent's failure to properly register each dam. RIDEM issued a letter to the Respondent on September 18, 2008 that included registration forms for each dam that the Respondent was required to complete and return to RIDEM. The Respondent has failed to provide the registration forms to RIDEM. On June 4, 2010 Dam 168 was inspected. The inspection revealed that the low level gate was inoperable and that there was severe erosion in three areas on the embankment crest. On July 28, 2010 Dam 169 was inspected. The inspection revealed the following: dense vegetation on the embankment and downstream toe that did not allow a proper inspection to be performed; severe erosion on the embankment upstream slope and crest near the low level gate; and an inoperable low level gate. On September 9, 2010 Dam 170 was inspected. The inspection revealed dense vegetation on much of the embankment and downstream toe that did not allow a proper inspection to be performed and an inoperable low level gate. On September 9, 2010 Dam 171 was inspected. The inspection revealed dense vegetation on much of the embankment and downstream toe that did not allow a proper inspection to be performed; about half of the length of the spillway filled with sediment and vegetation and the adjacent embankment severely eroded; and an inoperable low level gate. In the NOV the Respondent was ordered to submit the registration forms for the dams, cut or remove the improper vegetation, retain a licensed engineer to inspect the dams and submit a report of his/her findings to RIDEM, and repair the dams in the areas noted in the inspections. OC&I did not assess an administrative penalty.



October 22, 2010 - Dam File No. 172 (Cranston Print Works) re: Cranston Print Works Company for a dam located north of Cranston Street and west of Dyer Avenue in the city of Cranston. The Respondent owns the dam. The dam is classified by RIDEM as High Hazard. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Dam Safety. The violation pertains to the Respondent's failure to maintain the dam in a safe condition. On October 15, 2009 Dam 172 was inspected. The inspection revealed dense vegetation on the embankment crest and downstream slope on the right side of the spillway that did not allow a proper inspection to be performed and an inoperable low level gate. In the NOV the Respondent was ordered to cut or remove the improper vegetation, retain a licensed engineer to inspect the dam and submit a report of his/her findings to RIDEM, and repair the low level gate. OC&I did not assess an administrative penalty.



October 22, 2010 - Air File No. 10-12 re: University of Rhode Island for a facility located at 523 Plains Road in the town of South Kingstown. RIDEM issued an operating permit to the Respondent on August 23, 2006 to emit air pollutants from the facility. The OC&I alleges that the Respondent violated Rhode Island's Clean Air Act and RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled Air Pollution Control Permits and APC Regulation No. 29, entitled "Operating Permits". The violation pertains to the installation and operation of a diesel fired 350 kW emergency generator and an oil fired 800 kW emergency generator at the facility without applying for or receiving a minor source permit from RIDEM and the failure to submit monitoring reports as required by the operating permit. On April 10, 2008 the Respondent submitted a letter to RIDEM informing RIDEM that it had installed the generators between October 2006 and March 2008. RIDEM advised the Respondent in a letter issued on April 17, 2008 that a minor source permit was required for each generator. On April 12, 2010 the Respondent submitted a permit application to RIDEM for the 800 kW generator. The Respondent has failed to submit a permit application to RIDEM for the 350 kW generator. On November 23, 2009 RIDEM inspected the facility. The inspection revealed that the Respondent failed to submit its semi-annual monitoring report for the reporting period ending June 30, 2009 to RIDEM as required by its operating permit. On March 10, 2010 the Respondent submitted the semi-annual monitoring report to RIDEM. In the NOV, the Respondent was ordered to submit a minor source permit application for the 350 kW generator. OC&I assessed an administrative penalty of $3,199.00.



October 25, 2010 - Septic System File CI 10-082 re: Lucy Conti for property located at 16 McClellan Street, Assessor's Plat 34, Lots 65 and 66, in the city of Providence. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertains to the overflow of sewage from the sewage disposal system for the dwelling to the surface of the ground. On June 23, 2010 OC&I issued a Notice of Intent to Enforce (NIE) to the Respondent. The NIE required the Respondent to take specific corrective actions to resolve the violation. The Respondent failed to comply with the requirements of the NIE. In the NOV, OC&I ordered the Respondent to pump the system as needed to prevent overflows, retain a licensed septic system designer to determine the cause of the failure, and repair the system, if necessary. In the NOV, OC&I assessed an administrative penalty of $1,000.00.

Formal Enforcement Cases Settled or Resolved:

October 1, 2010 - Air File No. 10-15 re: Rhode Island Hospital for a facility located at 593 Eddy Street in the city of Providence. RIDEM issued a permit to the Respondent on March 11, 2009 to emit air pollutants from the facility. The permit prohibits the use or storage of fuel oil with a sulfur content greater than 1.0% by weight except for use with marine vessels or motor vehicles or unless the Director declares in writing that a shortage of low sulfur fuel exists. On August 13, 2010 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 29, entitled "Operating Permits". The violation pertained to the failure to comply with the permit. In the NOV, OC&I assessed an administrative penalty of $22,500.00. The Respondent submitted information to RIDEM documenting that the facility had complied with the permit, therefore, OC&I rescinded the NOV.



October 18, 2010 - Hazardous Waste File No. 09-25 HW re: Wood Street Investors, Inc., East Bay Rubber Company, and J. Royal Co., Inc. for a property located at 500 Wood Street, Assessor's Plat 29, Lot 1 in the town of Bristol. Wood Street Investors, Inc. (Wood Street) is the owner of the property. The Rhode Island Secretary of State's records list East Bay Rubber Company as an inactive corporation. The date of the revocation certificate is February 16, 2006. The company was not formally dismantled. East Bay Rubber Inc. is registered with RIDEM as a small quantity hazardous waste generator at the property. The Rhode Island Secretary of State's records list East Bay Rubber Inc. as merged into J. Royal Co., Inc. on September 18, 1998. East Bay Rubber Company or East Bay Rubber Inc. or both formerly occupied one of the buildings on the property. On June 25, 2010 OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and the Code of Federal Regulations. The violations pertained to the unpermitted storage or disposal of hazardous waste on the property. In the NOV, the OC&I ordered the Respondents to remove and properly dispose of the hazardous waste. OC&I assessed a penalty in the amount of $13,026.00. The Respondents failed to file an appeal of the NOV with AAD. Wood Street was placed into receivership proceeding by Order of the Court on May 21, 2009. The Receiver and Mosaico Business & Community Development Corporation (Mosaico) entered into a Purchase and Sales Agreement for the property on or about June 9, 2010, under which Mosaico will acquire at closing all of Wood Street's and the Receiver's right, title and interest in the property, along with all personal property of Wood Street located on the property. In lieu of proceeding to Superior Court to enforce the NOV, OC&I executed a Consent Agreement with the Receiver and Mosaico to resolve the NOV, as it pertains solely to Wood Street. The Receiver and/or Mosaico agreed to remove all hazardous waste from the property that is identified in the NOV within 60 days using a permitted hazardous waste transporter and ship the hazardous waste to a licensed facility. The administrative penalty assessed in the NOV was waived against Wood Street and its receivership estate.



October 21, 2010 - Air File No. 09-02 re: Waterline Systems, LLC for property located at 225 Alexander Road in the town of Portsmouth. RIDEM issued permits to U.S. Watercraft LLC in 2004 and 2005 for its fiberglass boat manufacturing process equipment located at 226 West Shore Road in the town of Portsmouth. The company relocated to 225 Alexander Road and changed its name to Waterline Systems LLC. On December 30, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Air Pollution Control Regulation (APC) No. 9, entitled "Air Pollution Control Permits". The violation pertained to the installation of fiberglass boat manufacturing process equipment without applying for or receiving a minor source permit from RIDEM at its 225 Alexander Road location. In the NOV, OC&I ordered the Respondent to immediately cease use of the equipment and discontinue further use until a permit is issued by RIDEM, and either submit an application and fee to RIDEM for a permit or submit a statement to RIDEM that the processing equipment has been disconnected and made non-operational. OC&I assessed an administrative penalty of $22,767.00. 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 OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $8,767.00 in installments. The first payment of $1,000.00 was paid upon execution of the Agreement. Seven payments will be paid monthly in the amount of $1,000.00 and the remaining payment will be paid in the amount of $767.00.



October 21, 2010 - Freshwater Wetland File No. C09-022 re: Paul Bjorklund for property located approximately 280 feet southwest of the terminus of Electronic Drive, approximately 560 feet south of the intersection of Electronic Drive and Ford Lane, Assessor's Pat 284, Lots 50 and 121 in city of Warwick. The Respondent is the owner of the property. On November 10, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent 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, soil disturbance, and filling (in the form of at soil material, construction equipment, vehicles, solid waste, concrete block, boards, and other materials) within 200-foot Riverbank Wetland. This activity resulted in the unauthorized alteration of 15,000 square feet of freshwater wetland. In the NOV, OC&I ordered the Respondent to restore the freshwater wetlands on the property and assessed an administrative penalty of $5,000.00. The Respondent filed an appeal of the NOV with 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 restore the Riverbank Wetland and pay a penalty of $1,250.00 in installments. The first payment of $250.00 was paid upon execution of the Agreement. The remaining payments will be paid in monthly installments in the amount of $100.00.



October 29, 2010 - Oil Pollution Control File No. 2008 1838 WP and WP08-020 re: Paul P. Haggarty for property located at 45 West Allenton Road, Assessor's Plat 72, Lot 67 in the town of North Kingstown. The property includes a residential dwelling and unattached garage. On January 5, 2009 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations. The violation pertained to the spillage or release of oil onto the land behind the garage at the property. In the NOV, the OC&I ordered Respondent to cease the discharge of oil onto the surface of the ground and remediate the oil contaminated soil. OC&I assessed a penalty of $2,500.00. 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 OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to pay a penalty of $600.00, which was paid upon execution of the Agreement.

Superior Court Actions Issued:

None issued this month.

 

Superior Court Actions Settled or Resolved:

October 14, 2010 - UST File No. 03-02081 re: Pasco Raimondo and Susan Raimondo d/b/a Pat's Towing for property located at 94 West Warwick Avenue, Assessor's Plat 7, Lot 399, in the town of West Warwick. The Respondents own the property and operate an automobile towing service and gasoline station at the property, which includes the storage of gasoline in underground storage tanks (USTs). On April 9, 2003 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the Respondents' failure to conduct monthly and annual testing of UST continuous monitoring systems, operate and maintain piping collection sumps and leak monitoring devices, conduct testing of UST cathodic protection systems, conduct annual testing of line leak detectors, pay UST facility registration fees and associated late fees, and maintain all monthly and annual testing records including inventory records for UST systems. In the NOV, OC&I also identified noncompliance with a previous enforcement action wherein Respondents entered into a Superior Court Judgment with the RIDEM and agreed to pay RIDEM penalties in the amount of $6,397.54. The Respondents have failed to pay this penalty. OC&I ordered the Respondents to comply with the UST Regulations. The OC&I assessed a penalty in the amount of $22,307.00. The Respondents filed an appeal of the NOV with the AAD. A hearing was conducted by the AAD. On October 27, 2004 the AAD issued a Recommended Decision and Order in favor of the OC&I sustaining all orders and the assessed penalty contained in the NOV. On November 15, 2004 the Director of RIDEM executed a Final Agency Order against the Respondent. The Respondents filed an appeal of the Final Agency Order to the Superior Court. On October 14, 2010 the Court affirmed the Final Agency Order.