April 2019 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 (OC&I) for April 2019. 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 the OC&I used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Rhode Island Department of Environmental Management (RIDEM) Administrative Adjudication Division (AAD). Since most NOVs are contested cases, the OC&I 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 the RIDEM's Office of Customer and Technical Assistance. The OC&I often resolve 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 Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

April 2, 2019 – Underground Storage Tank File No. OCI-UST-17-48-00395 re: 425 Richmond Associates, LLC for property located at 425 Richmond Street, Assessor’s Plat 21, Lot 318 in the City of Providence, Rhode Island. The property includes a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product. Respondent owns the property. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

April 8, 2019 – Underground Storage Tank File No. OCI-UST-18-37-01277 re: The University of Rhode Island and Rhode Island Department of Administration for property located at 60 Tootell Road in the Town of South Kingstown, Rhode Island. The property includes a garage and motor fuel filling station and underground storage tanks that are used for storage of petroleum product (facility). The University of Rhode Island owns the property. Rhode Island Department of Administration operates the facility. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

April 18, 2019 – Underground Storage Tank File No. OCI-UST-18-62-00536 re: SKEES REALTY, LTD for property located at 753 East Main Road, Assessor’s Plat 113, Lot 800 in the Town of Middletown, Rhode Island. The property includes a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product. SKEES REALTY, LTD owns the property. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

April 19, 2019 – Underground Storage Tank File No. OCI-UST-18-77-00701 re: CHEBBO REALTY, LLC and BMC PETROLEUM INC. for property located at 905 Cranston Street, Assessor’s Plat 7/2, Lot 2943 in the City of Cranston, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). CHEBBO REALTY, LLC owns the property. BMC PETROLEUM INC. operates the facility. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

Formal Enforcement Actions Settled or Resolved:

April 9, 2019 – Underground Storage Tank File No. OCI-UST-18-21-00793 re: FIRST MENDON LLC and ONE ENERGY, INC for property located at 3492 Mendon Road, Assessor’s Plat 53, Lot 1625 in the Town of Cumberland, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). FIRST MENDON LLC owns the property. ONE ENERGY, INC operates the facility. On January 2, 2019, the OC&I issued an NOV to Respondents alleging that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and paid a reduced penalty of $4,409 to resolve the NOV.

April 17, 2019 – Onsite Wastewater Treatment System File No. 2007 1417 IS and CI07-185 X-ref WP 06-05 re: Joseph Sarro for property located at 47 Belvedere Street, Assessor's Plat 48, Lot 120 in the Town of Johnston, Rhode Island. The property includes a 3-bedroom dwelling and was owned by Respondent. On June 26, 2008, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM’s Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the overflow of sewage to the surface of the ground from the onsite wastewater treatment system (OWTS) that treats wastewater from the dwelling. In the NOV, the OC&I ordered Respondent to cease the discharge of sewage to the surface of the ground, pump the OWTS as needed to prevent overflows, evaluate the cause of the overflow, and repair the OWTS if the evaluation determined that the OWTS was failed. The OC&I assessed an administrative penalty of $800. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, on August 20, 2009, the OC&I and Respondent executed a Consent Agreement to resolve the NOV. Respondent agreed to, among other actions, limit the occupancy of the dwelling to no more than 2 persons, pump the OWTS as needed to prevent overflows and connect the plumbing from the dwelling to the public sewers when the sewers became available. On or about November 10, 2017, the plumbing from the dwelling was connected to the public sewers. On April 5, 2019, the OC&I received a check for $800 to satisfy the administrative penalty assessed in the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.