April 2020 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 2020. 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:

None issued this month.

Formal Enforcement Actions Settled or Resolved:

April 1, 2020 – Underground Storage Tank File No. 2018-3-00879 re: Fuel Depot, Inc. and Abed M. Sahyouni for property located at 644 Putnam Pike, Assessor’s Plat 3, Lot 8 in the Town of Smithfield, Rhode Island. The property includes a motor fuel storage and dispensing system and underground storage tanks used for storage of petroleum products (facility). Fuel Depot, Inc. owns the property. Abed M. Sahyouni operates the facility. On April 30, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated the regulations titled Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to the administrative hearing, Respondents complied with the Order section of the NOV. On January 28, 2020, an administrative hearing was held on the penalty assessed in the NOV. On April 1, 2020, AAD’s hearing officer issued a Decision and Order denying and dismissing the appeal and ordering payment of the penalty by May 1, 2020. View the Decision and Order.

April 1, 2020 – Dam State I.D. No. 742 (Creamer Dam) and Dams File No. OCI-DAMS-17-23 re: Mary Kristen Lima for a dam located southeast of Main Road (Route 77), approximately 220 feet southwest of West Ridge Road and north of Mallard Lane in the Town of Tiverton, Rhode Island. A portion of Dam 742 is on Assessor’s Plat 303, Lot 144 (Lot 144) in the Town of Tiverton, Rhode Island. The dam is classified by RIDEM as High Hazard. Respondent formerly owned the portion of the dam located on Lot 144. On December 28, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1) View the NOV. Respondent did not file an appeal of the NOV with AAD. In May 2019, the property was acquired by a new owner who cleared the vegetation from the dam in compliance with the Order portion of the NOV. OC&I inspected the dam and determined that there were no unsafe conditions, which fully resolved the NOV.

April 20, 2020 – Air Pollution File No. OCI-AIR-20-13 re: EAGLEPICHER TECHNOLOGIES, LLC for a facility located at 2000 South County Trail in the Town of West Greenwich, Rhode Island. On March 13, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Code of Regulations titled Air Pollution Control Permits (250-RICR-120-05-9) at the facility. View the NOV. Respondent did not file an appeal of the NOV with AAD 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.