September 2006 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 September 2006. 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:

September 5, 2006 - OC&I/Freshwater Wetlands File No. C06-0004 re: Keach Framing, Inc. for property located approximately 50 feet west of Old Widow Sweets Road, and approximately 350 feet south of the intersection of Widow Sweets Road and Chapel Place Lane, Assessor's Plat 22, Block 4, Lot 7, in the Town of Exeter. The property was previously owned by Alice Eliason. DEM issued a wetland permit to Ms. Eliason on December 10, 2004 to construct a 3 bedroom dwelling. The Respondent purchased the property on January 3, 2005. OC&I alleges that the Respondent is in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetlands Regulations. The violations pertain to clearing, filling (in the form of at least soil material and stones), and constructing a retaining wall within 100-foot Riverbank Wetland [associated with the construction of the 3 bedroom dwelling] that resulted in the unauthorized alteration of approximately 2,500 square feet of wetland and clearing and filling (in the form of a thick layer of woodchips) within 100-foot Riverbank Wetland that resulted in the unauthorized alteration of approximately 1,260 square feet of wetland. DEM issued a Notice of Intent to Enforce (NOIE) to the Respondent on November 1, 2005 for the construction of the retaining wall and required restoration of the wetlands on the property. On November 22, 2005 Mr. David Keach submitted a letter to DEM in response to the NOIE indicating he would comply with the NOIE. Inspections of the property by DEM on January 11, 2006 and June 22, 2006 revealed that the work required in the NOIE had not been accomplished. In addition, the inspector observed that additional clearing and filling within Riverbank Wetland had occurred since the NOIE was issued. In the NOV, OC&I ordered the Respondent to restore the altered wetlands by September 30, 2006. OC&I assessed an administrative penalty in the amount of $6,250.00.



September 8, 2006 - OC&I/AIR File No. 06 - 11 re: Regino Moreira d.b.a. New Style Painting for property located at 482 West Fountain Street in the City of Providence. The OC&I alleges that the Respondent is in violation of RIDEM's Air Pollution Control ("APC") Regulation No. 24 entitled "Removal of Lead Based Paint from Exterior Surfaces". The violations pertain to Respondent's failure to place an impenetrable material on the ground at a lead paint removal worksite to keep any and all spent abrasive, paint, particulate, dust and other debris from being deposited on the ground and Respondent's failure to properly equip a power sanding tool used to remove lead paint with a required high efficiency particulate air vacuum attachment to collect all lead paint dust during removal. The OC&I alleges that the Respondent had prior knowledge of his obligations to comply with APC Regulation No. 24 as Respondent was previously cited by the OC&I on November 21, 2001 and again on August 10, 2004. Prior to issuance of the NOV, the Respondent removed all accumulated lead paint related debris from the property. In the NOV, the Respondent was ordered to comply with APC Regulation No. 24 and was assessed a penalty in the amount of $5,000.00.



September 12, 2006 - OC&I/AIR File No. 06 - 08 re: The Original Bradford Soap Works, Inc. for their facility located at 200 Providence Street in the Town of West Warwick. The facility is a major stationary source of air pollutants and is subject to state and federal APC Regulations. The Respondent is subject to an Operating Permit (RI-14-01(R1)) issued by RIDEM's Office of Air Resources ("OAR"). The OC&I alleges that the Respondent failed to comply with portions of its Operating Permit by failing to submit a timely annual compliance certification report to EPA and RIDEM and failure to submit a timely semi-annual monitoring report to RIDEM. The Respondent achieved compliance following receipt of a Notice of Alleged Violations from RIDEM's OAR. The OC&I alleges that the Respondent was previously cited by the OAR for similar violations on November 25, 2002 and that the EPA issued an Administrative Order under the authority of the Clean Air Act to the Respondent for similar violations on August 13, 2003. The OC&I assessed a penalty in the amount of $4,000.00 for Respondent's noncompliance.



September 13, 2006 - OC&I/Freshwater Wetlands File No. C06-0022 re: Tolga Kokturk and Didem Kokturk for property located approximately 330 feet northeast of Northup Plat Road, adjacent to house number 27, approximately 2,000 feet northeast of the intersection of Northup Plat Road and Hill Farm Road, Assessor's Plat 25, Lot 10 in the Town of Coventry. The property was previously owned by Betty Jane Northup-Owen. RIDEM issued a wetland permit to Ms. Owen on March 31, 2003 for proposed work in a 22-lot subdivision. Lot 10 was part of the subdivision. The permit did not authorize any work within 50 feet of Johnson's Pond. The Respondents purchased the property on September 24, 2004. OC&I alleges that the Respondents are in violation of the Freshwater Wetlands Act and RIDEM's Freshwater Wetlands Regulations. The violation pertains to filling (in the form of at least soil material) and constructing a retaining wall within Johnson's Pond and filling (in the form of at least soil material) within the 50-foot Perimeter Wetland of Johnson's Pond. This activity has resulted in the unauthorized alteration of approximately 1,600 square feet of Johnson's Pond and 3,200 square feet of Perimeter Wetland. On January 11, 2005 a Preliminary Determination Application was submitted by the Respondents to RIDEM to construct a 160-foot long retaining wall with steps and install a new dock. On February 14, 2005 a Letter of Deficiency was sent by the RIDEM to the Respondents requiring them to provide additional information. On February 14, 2006 RIDEM closed the Respondent's application file due to the Respondents failure to reply to the Letter of Deficiency within one year. On February 27, 2006, an inspection by RIDEM revealed that the Respondents altered the freshwater wetlands without a permit and advised the Respondents to cease further work. On May 23, 2006 an order to cease and desist was issued to the contractor on site for continued unauthorized work. In the NOV, the Respondents were ordered to restore the altered wetlands by October 15, 2006. OC&I assessed an administrative penalty in the amount of $6,500.00.



September 14, 2006 - OC&I/UST File No. 06 - 02778 re: Campton Industries, LLC, Quick Stop Petroleum, Inc. and Smithco Oil Service, Inc. for property located at 2949 Tower Hill Road, Assessor's Plat 18-2, Lot 7 in the Town of South Kingstown. There are five underground storage tanks ("USTs") on the property consisting of two 20,000-gallon USTs holding heating oil and three 6,000-gallon USTs holding gasoline. Respondent Campton Industries, LLC is the owner of the property. Respondent Quick Stop Petroleum, Inc. and Smithco Oil Services, Inc. are the operators of the UST facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials ("the UST Regulations") and RIGL 46-12-13. The violations pertain to one or more Respondents violating orders of the Director, failing to obtain an approval from the Director for UST modification projects, failing to have a qualified environmental consultant screen soils for contamination during a piping replacement project, failing to utilize a qualified cathodic protection tester to inspect the impressed current cathodic protection system, failing to inspect the impressed current cathodic protection system at 60-day intervals, failing to report malfunctions, repairs, replacement and modifications of UST cathodic protection systems, failing to maintain inventory control records, failing to comply with tank testing requirements, failing to comply with continuous monitoring of double-walled product piping systems, failing to comply with annual testing of line leak detectors, failing to comply with operation and maintenance of leak monitoring equipment requirements, failing to comply with monthly and annual testing of continuous monitoring equipment, failing to maintain spill containment basins, failing to maintain piping collection sumps, failing to label UST fill ports, failing to comply with tank pad observation well and groundwater monitoring well construction standards and failing to investigate release detection signals and unusual operating conditions. In the NOV, the OC&I ordered that the Certificate of Registration for UST facility No. 02778 be revoked. OC&I further ordered the Respondents to complete facility closure procedures in accordance with the UST Regulations including the removal of any contaminated soil stockpiled on the property, the completion of a Site Investigation Report and a Corrective Action Plan to address any and all contamination at the property. A penalty in the amount of $45,552.00 was assessed in the NOV.



September 19, 2006 - OC&I/Site Remediation File No. 06-01 (Amended) re: the Southern Union Company for property related to the Bay Street Neighborhood Study Area ("BSNSA") in the Town of Tiverton. The BSNSA encompasses approximately 100 residential properties, several commercial properties and the abutting public roads and rights of way; otherwise identified as Tiverton Assessor's Plats 8-6, Blocks 3, 5 (portion), 7 (Lot 3,4) and 8; Plat 8-7, Blocks 13 (Lot 3), 14 9Lot 4,5), Blocks 15, 16, 17, 21, 22 and block 41 (Lot 35). Upon information and belief, the Southern Union Company ("SUC") is the owner of and/or successor-by-merger to the former Fall River Gas Company ("FRGC") and various properties and facilities associated with FRGC located on Charles Street in Fall River, Massachusetts. From approximately August 26, 2002 to August 15, 2005 the RIDEM has collected information and documentation that the BSNSA had been and is contaminated with hazardous materials that exceed RIDEM's Residential Direct Exposure Criteria or RIDEM's Industrial/Commercial Direct Exposure Criteria as set forth in RIDEM's Rules and Regulations for the investigation and Remediation of Hazardous Material Releases ("the Remediation Regulations"). Upon information and belief the contamination discovered at the BSNSA is the result of the disposal of wastes generated during the production of manufactured gas, also known as coal gasification. On March 17, 2003, RIDEM issued a Letter of Responsibility ("LOR") identifying SUC as a responsible party for the release of hazardous materials in the BSNSA pursuant to Remediation Regulation 3.60. SUC was identified as a responsible party based on its ownership of the former FRGC and its former manufactured gas plant ("MGP") facility located on Charles Street in Fall River, Massachusetts, less than one mile from the BSNSA. The LOR directed SUC to conduct a Site Investigation of the BSNSA and to submit a Site Investigation Report ("SIR") to RIDEM pursuant to the Remediation Regulations. On or about October 31, 2003 the SUC submitted an SIR covering 67 properties of the BSNSA and on or about July 19, 2004 submitted a proposed Supplemental and Phase II Site Investigation Work Plan to further investigate the 67 properties along with 17 additional properties (later expanded to 25 properties). On August 15, 2005 RIDEM received the Supplemental and Phase II SIR from SUC confirming the presence of hazardous contaminants. On November 23, 2005, RIDEM issued a Notice of Intent to Enforce ("NOIE") to SUC for failure to satisfy all requirements of RIDEM's LOR. The NOIE informed SUC of its obligations to submit a minimum of three Remedial Alternatives for remediating all soil contaminated in the BSNSA to meet the Method 1 Residential Direct Exposure Criteria outline in the Remediation Regulations on or before January 4, 2006; submit any outstanding site investigation sampling results and laboratory analysis completed after the August 15, 2005 SIR by January 4, 2006 and conduct a public notice to all residents of the BSNSA within 14 days of receipt of RIDEM's letter to proceed. The OC&I alleges in the NOV that the Respondent has failed to comply with its obligations under the Remediation Regulations. In the NOV, the OC&I ordered the Respondent to comply with the Remediation Regulations and assessed a penalty in the amount of $258,000.00. The Respondent was also informed that a continuing penalty of $1,000.00 per day is being imposed until such time that the Respondent complies with the orders contained in the NOV.



September 25, 2006 - OC&I/UST File No. 06-00616 re: Charles Street Realty, Inc. and Kelly's Car Wash, Inc. for property located at 200 Charles Street, Assessor's Plat 2, lot 26 in the City of Providence. A UST facility is located on the property that contains two 12,000-gallon gasoline USTs, a 6,000-gallon diesel UST and a 1,000-gallon heating oil UST. Respondent Charles Street Realty is the owner of the property. Respondent Kelly's Car Wash, Inc. is the operator of the facility. The OC&I alleges that the Respondents are in violation of RIDEM's UST Regulations. The violations pertain to Respondents' failure to comply with operation and maintenance requirements for UST systems, failing to comply with the Environmental Results Program compliance certification requirements, failing to meet inventory control record keeping requirements for UST systems, failing to meet annual testing of line leak detectors, failing to meet annual testing of shear valves, failing to comply with the installation, operation and maintenance requirements for leak monitoring devices, failing to investigate release detections signals, failing to meet monthly and annual testing requirements of leak monitoring devices, failing to maintain spill containment basins and sumps and failing to meet requirements related to abandonment of monitoring wells, piezometers and subsurface borings. The OC&I further alleges that the Respondents were aware of their obligations to maintain compliance with the UST Regulations since they were previously cited by RIDEM on more than one occasion for their failure to comply. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $15,520.00.

 

Formal Enforcement Cases Settled or Resolved:

September 1, 2006 - OC&I/UST File No. 05-03300 re: The City of Providence for the Dunkin Donuts Center located at One LaSalle Square, Assessor's Plat 26, Lot 254 in the City of Providence. On December 28, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondent had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. 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 documented to the OC&I that the property and the UST had been sold to another entity and the Respondent was no longer obligated to comply with the UST Regulations for this property. The Respondent agreed to pay a penalty in the amount of $2,500.00 to resolve the NOV. The penalty was paid upon execution of the Consent Agreement.



September 7, 2006 - OC&I/UST File No. 05-01247 re: The Pepsi Bottling Group, Inc. and Bottling Group, LLC for property located at 1400 Pontiac Avenue, Assessor's Plat 13, Lot 9 in the City of Cranston. The Respondents are the owners/operators of 2 USTs on the property consisting of a 3000-gallon heating oil UST and a 15,000-gallon diesel fuel UST. On October 27, 2005 the OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to complete precision testing of new or replacement UST systems upon completion of installation and submit the test reports to RIDEM, failure to comply with inventory control record keeping requirements, failure to comply with continuous monitoring requirements for double-walled UST piping systems, failure to comply with annual testing of UST line leak detectors, failure to comply with requirements pertaining to the operation and maintenance of UST leak monitoring equipment, failure to comply with annual testing requirements for UST continuous monitoring systems, failure to maintain spill containment basins, failure to operate and maintain UST facility sumps and failure to label the fill ports to the USTs at the facility. In the NOV, the OC&I ordered the Respondents to achieve compliance with the UST Regulations and assessed a penalty in the amount of $11,985.00. The Respondents failed to file an appeal of the NOV with the AAD. Prior to proceeding to Superior Court to enforce the NOV, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents achieved compliance with the UST Regulations. The Respondents agreed to pay a penalty in the amount of $10,000.00. The penalty was paid upon execution of the Consent Agreement.



September 12, 2006 - OC&I/Medical Waste File No. 05 - 017 re: Stericycle, Inc. The Respondent is registered with the Rhode Island Secretary of State's Office as a corporation for the purpose of waste disposal services. The Respondent is a transporter of medical waste in the State of Rhode Island, is subject to Rhode Island General Laws Section 23-19.12-1 et seq. entitled "Generation-Transportation-Storage-Treatment-Management and Disposal of Regulated Medical Waste" and is subject to RIDEM's "Rules and Regulations Governing the Generation, Transportation, Storage and Treatment and Disposal of Regulated Medical Waste in Rhode Island" ("the Medical Waste Rules"). The Respondent has a medical waste transporter's permit issued by RIDEM. The RIDEM conducted random truck inspections on June 7, 2005 and inspected one of Respondent's tractor-trailer vehicles transporting regulated medical waste. On April 7, 2006 the OC&I issued an NOV to the Respondent alleging that the Respondent's vehicle was not properly permitted, did not have all protective equipment specified in the Medical Waste Rules, was lacking a biohazard sign and therefore was not properly marked as required. In the NOV, the OC&I ordered the Respondent to comply with the applicable sections of the Medical Waste Rules cited in the NOV and assessed a penalty in the amount of $5,750.00. The Respondent failed to file an appeal of the NOV with the AAD. Prior to proceeding to Superior Court to enforce the NOV, the Respondent and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondent agreed to pay a penalty in the amount of $4,500.00. The penalty was paid upon execution of the Consent Agreement.



September 13, 2006 - OC&I/Septic System License No. L0037 re: Richard Brown. The Respondent is currently licensed by DEM as an individual sewage disposal system (ISDS) Installer (License #L0037). On October 27, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island General Law Section 5-56-7 and RIDEM's ISDS Regulations. The violation pertained to the failure to construct an ISDS in accordance with the application and plans approved by RIDEM for property located at 86 Lookout Avenue, in the Town of Johnston, Assessor's Plat 9, Lot 153. On or about December 11, 2001 an ISDS designer submitted an ISDS repair application for the above property. RIDEM approved the application on December 13, 2001. The Respondent installed the ISDS and RIDEM issued a Certificate of Conformance on November 6, 2002. On August 5, 2003 RIDEM received a written complaint from the owners of the property. The complaint stated that the ISDS had failed during the winter 2002/spring 2003 and the designer had proposed a questionable plan to correct the failed ISDS. The designer submitted letters to RIDEM in response to inquiries from RIDEM describing his actions in the construction of the ISDS. RIDEM reviewed the letters and the application file and determined that the ISDS repair application approved by RIDEM stated that no subsurface drainage shall be installed within 25 feet of the ISDS; an under drain was discovered during the construction that was believed to be inactive; a decision was made by the designer and the Respondent to remove a portion of the under drain and continue with construction; and the designer and the Respondent failed to verbally notify RIDEM of the under drain during construction. In the NOV OC&I assessed a penalty in the amount of $800.00. The Respondent filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a penalty of $600.00, which was paid upon execution of the Consent Agreement.



September 22, 2006 - OC&I/Septic System License No. L0268 re: John Flynn. The Respondent is currently licensed by DEM as an ISDS Installer (License No. L0268). On September 23, 2005 OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island General Law Section 5-56-7 and RIDEM's ISDS Regulations. The violation pertained to the failure to construct an ISDS in accordance with the application and plans approved by RIDEM for property located at 34 Rosebriar Avenue, Assessor's Plat 96-1, Lot 59, in the Town of South Kingstown. The property is owned by Carol Beckwith and includes a single family home. An application was approved by RIDEM on August 30, 2001 for a repair to the septic system. The approved application required the construction of a fixed activated sludge treatment ("FAST") system and a bottomless sand filter ("BSF"). The FAST system has two major components that allow the ISDS to properly treat the sewage waste, which are the FAST unit and the blower unit that provides air to the FAST unit. The septic system was constructed by the Respondent and put into use by the property owner; however, the Respondent did not install the FAST unit and blower unit and no Certificate of Conformance (COC) was issued by RIDEM. In the NOV, OC&I ordered that the Respondent's Installer's license be suspended for one (1) year. OC&I assessed a penalty in the amount of $1,000.00. The Respondent filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondent demonstrated that he was unable to complete the ISDS installation because the property owner refused to allow him to complete the work. The Respondent was able to show that the work he did perform was completed in accordance with the plans approved by DEM. The Respondent acknowledged that he failed to inform DEM that he was unable to complete the ISDS installation and he failed to notify DEM that the property owner was using the ISDS. The Respondent and OC&I executed a Consent Agreement to resolve the NOV. The Respondent agreed to a penalty of $800.00, which was paid upon execution of the Consent Agreement.



September 26, 2006 - OC&I/Oil Pollution Control File No. 05-02 re: H.C. Woodmansee & Son, Inc. for property located at 8 Fairview Avenue in the Village of Hope Valley, Assessor's Plat 28, Lot 116 in the Town of Hopkinton. The Respondent is the owner and operator of four aboveground storage tanks ("ASTs") that are located on the property. On November 25, 2005 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Oil Pollution Control Regulations. The violations pertained to Respondent's failure to provide secondary containment for the ASTs for a period of at least ten years. The Respondent was informed during inspections of the ASTs and in writing following the inspections that secondary containment was required for the ASTs. In addition, the Respondent failed to conduct monthly inspections of the ASTs, failed to maintain inspection records and failed to submit annual reports summarizing the monthly inspections of the ASTs. The Respondent did eventually construct the required secondary containment for the ASTs. In the NOV, OC&I ordered the Respondent to submit the missing annual reports for the ASTs for the years 1995 through 2004, begin performing monthly inspections of each AST, begin maintaining inspection records in accordance with the OPC Regulations and submit annual reports as required. A penalty in the amount of $7,500.00 was assessed in the NOV. 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 submitted documents to show compliance with the order portion of the NOV and agreed to pay a penalty in the amount of $6,000.00.



September 28, 2006 - OC&I/Solid Waste File No. 05 - 019 re: National Wrecking Co., Inc. for property located at 130 Grotto Avenue, Assessor's Plat 51B, Lots 426 and 427 in the City of Pawtucket. On April 19, 2006 the OC&I issued a NOV to the Respondent alleging that the Respondent violated Rhode Island's Refuse Disposal Act. The violations pertained to disposal of solid waste at other than a licensed solid waste management facility and operating a solid waste management facility without a license from the RIDEM. On 30 September 2003 an inspection of the property in response to a complaint revealed solid waste deposited on the property consisting of construction and demolition debris, scrap metal, abandoned equipment, unregistered vehicles and other mixed solid waste. Observations revealed that the material was being handled in a manner constituting disposal. On 2 December 2003 the OC&I issued a Letter of Noncompliance ("LNC") to the Respondent. The LNC required all solid waste to be removed and properly disposed within 60 days. On 3 February 2004, OC&I re-inspected the property with a representative of the Respondent and Respondent's attorney. At the time of the inspection, the OC&I observed at least 3,500 cubic yards of waste on the property. On 31 March 2004, the OC&I issued a Notice of Intent to Enforce ("NOI") to the Respondent and once again required the Respondent to remove all waste within 60 days. On 21 November 2005, representatives of the OC&I conducted an inspection of the property. The inspection revealed at least 10,000 cubic yards of solid waste on the property consisting of construction and demolition debris, scrap metal handled and discarded in a manner constituting disposal, unregistered automobiles and an unusable truck. In the NOV, the OC&I ordered the Respondent to cease accepting and disposing of solid waste at the property, cease the operation of an unlicensed solid waste management facility, begin the removal of all solid waste from the property to be disposed of at a licensed solid waste management facility and complete the removal within 180 days. A penalty of $57,987.00 was assessed in the NOV. 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. RIDEM approved a plan to clean up all waste from the property no later than November 30, 2007. In the event that the Respondent removes all waste in accordance with the plan the penalty assessed in the NOV will be waived. In the event that the Respondent fails to show that all waste has been removed from the property, the penalty of $57,987.00 is due and owing on December 1, 2007 unless the compliance date has been deferred by the Director.



September 28, 2006 - OC&I/ISDS CI01-223 re: David J. & Gabriele S. Kass for property located at 258 Spencer Avenue, Assessor's Plat 220, Lot 219 in the City of Warwick. The property includes one residential building. On December 8, 2005 OC&I issued an NOV to the Respondents alleging that the Respondents violated RIDEM's ISDS Regulations. The violation pertained to the discharge of sewage from the septic system at the property to the ground surface of an adjacent property owner. In the NOV the Respondents were ordered to immediately cease any further discharge of sewage, pump the septic system through a licensed septage hauler as often as necessary to prevent the discharge of sewage to the ground surface, and repair the septic system. OC&I assessed a penalty in the amount of $13,000.00. The Respondents filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, the Respondents retained a licensed designer and repaired the failed septic system. The Respondents and OC&I executed a Consent Agreement to resolve the NOV. The Respondents agreed to pay a penalty of $6,500.00, which was paid upon execution of the Consent Agreement.



September 29, 2006 - OC&I/UST File No. 05 - 01909 re: Speedy Petroleum, Inc. and Dikran Tashian for property located at 95 Warwick Avenue, Assessor's Plat 2/5, Lot 1346 in the City of Cranston. On December 28, 2005 the OC&I issued a NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to noncompliance with the UST Environmental Results Program ("ERP") requirements set forth in Rule 8.03 of the 2005 UST Regulations. In January 2005, the RIDEM provided UST facilities with an ERP Compliance Certification Checklist and forms booklet and a certification workbook for UST facilities. Owners and operators of UST facilities were strongly encouraged to complete and submit a compliance certification checklist, statement and return to compliance plan on or before June 30, 2005. In January and March 2005, RIDEM issued letters to UST facilities informing them that RIDEM was revising the UST Regulations to make participation in the ERP Compliance Certification Program mandatory and again informed UST facilities to complete and submit the certification forms before June 30, 2005. On June 9, 2005, RIDEM issued a letter to UST facilities informing them that the revised UST Regulations making the ERP mandatory would become effective on 28 June 2005 and that the completed compliance certification forms must be submitted on or before June 30, 2005. The 2005 UST Regulations became effective on June 28, 2005. On July 27, 2005, the RIDEM issued a Notice of Intent to Enforce to the UST facilities that had failed to comply with the ERP requirements of the UST Regulations. The owners/operators were given until August 31, 2005 to comply with the UST Regulations. As of the issuance of the NOV, the Respondent had not complied with the ERP requirements. In the NOV, the OC&I ordered compliance with the UST Regulations and assessed a penalty in the amount of $3,000.00. The Respondent did not file an appeal of the NOV with the AAD. Prior to proceeding to Superior Court to enforce the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the enforcement action. The Respondents argued that they had contracted to have the ERP certification completed by a consultant prior to issuance of the NOV but compliance was not met as required. The Respondent documented that they were now in compliance. The Respondent agreed to pay a penalty in the amount of $1,500.00 to resolve the NOV. The penalty was paid upon execution of the Consent Agreement.

 

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.