This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of May 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 Technical and Customer Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD
May 2, 2006 - 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. On May 5, 2005 the OC&I issued a NOV to the Respondents alleging that the Respondents violated RIDEM's Underground Storage Tank ("UST") Regulations. An 8,000-gallon and two 5,000-gallon gasoline USTs are at the facility. The violations pertained 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 continuous monitoring system ("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. Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show that they were in compliance with certain UST Regulations cited in the NOV, and they documented current compliance with the UST Regulations. Respondents agreed to pay a penalty in the amount of $16,000.00. The penalty was paid upon execution of the Consent Agreement.
May 05, 2006 - OC&I/UST File Nos. 04-00827 re: The Town of Smithfield Department of Public Works. The property associated with the Smithfield Department of Public Works is located at 3 Spragueville Road, Assessor's Plat 17, Lot 5. On May 12, 2004 the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's UST Regulations. The violations pertained to Respondent's failure to properly comply with the UST Regulations regarding proper testing of the sacrificial anode cathodic protection system for two specific years, maintenance of inventory control records for three years, line tightness testing for four specific years, monthly and annual testing of the continuous monitoring system ("CMS") for multiple years, keeping spill containment basins free of liquids and solid debris and failing to maintain applicable test records for USTs at Respondent's DPW facility. In addition, at the time of RIDEM's inspection of the DPW facility, the Respondent could not identify the location of one of its USTs for the RIDEM inspector. In the NOV, OC&I ordered the Respondent to comply with the applicable UST Regulations and assessed a penalty in the amount of $30,671.00. [Note: Part of this penalty was assessed against the Town of Smithfield Housing Authority for UST violations. The Housing Authority executed a separate Consent Agreement with the OC&I on December 1, 2005 and agreed to a penalty of $12,245.00.] 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 was able to show compliance with some of the violations cited in the NOV, and were able to document current compliance. The Respondent agreed to a penalty of $18,436.00. The OC&I agreed to accept $4,406.00 as a cash component of the penalty and agreed to offset $14,030.00 of the penalty for Respondent's completion of a Supplemental Environmental Project ("SEP"). The SEP is for site investigation work to upgrade closure of a former sanitary landfill. The SEP is to be completed within 8 months of the execution of the Consent Agreement. The cash component of the penalty was paid upon execution of the Consent Agreement.
May 16, 2006 - OC&I/UST File No. 04 - 01263 re: Brookfield Hills Service Center, Inc., Brookfield Service, Inc., Paul Silva and Adelaide Silva for property located at 929 Providence Street, Assessor's Plat 39, Lot 213 in the Town of West Warwick. On December 28, 2004 the OC&I issued a NOV alleging that the Respondents violated RIDEM's UST Regulations. The violations pertained to Respondents' failure to perform operational surveys of the sacrificial anode cathodic protection systems for four USTs at the facility, failure to compile monthly inventory reconciliation and leak check records for two gasoline USTs, failure to perform annual functionality testing of the line leak detectors for their gasoline USTs during the years 1995 through 2003, failure to perform monthly testing of the continuous monitoring system ("CMS") from September 2001 through September 2004, failure to perform annual certification/testing of the CMS during the years 1995 through 2003, failure to maintain the spill containment basins for the USTs free of liquids and solid debris, failure to label the fill ports for two of the USTs, and failure to equip the tank pad observation wells with locking gripper caps. Also, at the time of RIDEM's inspection, the product piping for one of the gasoline USTs was observed to be leaking within the piping collection sump. Gasoline was observed to be dripping and accumulating on the floor of the sump, and an abnormal vapor concentration was detected within the sump. Observations of the sump walls revealed that they were buckled and the floor was uneven. Information obtained from the memory of the CMS revealed that a "fuel alarm" had been registered for the piping collection sump sensor for the UST five (5) days before the inspection. However, the facility owners/operators had not reported the leak, the unusual operating conditions or the release detection signal to RIDEM. Failure to respond to the conditions observed and to report the conditions to the RIDEM represent violations of the UST Regulations. In the NOV, OC&I ordered the Respondents to submit a Release Characterization Report and to submit a Site Investigation Report and Corrective Action Plan if required. The Respondents were further ordered to perform tightness testing of the piping collection system and conduct repairs if necessary within 30 days and to verify compliance in writing with all other UST Regulations cited in the NOV. A penalty in the amount of $20,305.00 was assessed in the NOV. The Respondents filed an appeal of the NOV with the AAD. Prior to hearing, the Respondents and the OC&I executed a Consent Agreement to resolve the enforcement action. The Respondents were able to show partial compliance with the order component of the NOV, and they agreed to resolve all noncompliance issues at the UST facility to achieve compliance with the UST Regulations. For settlement purposes, the OC&I agreed to a reduced penalty in the amount of $10,050.00. The Respondents agreed to pay $5,050.00 upon execution of the Consent Agreement and to pay the remaining penalty in monthly installments.
Rhode Island DEM - Office of Compliance & Inspection