August 2018 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of August 2018. 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 Angela Spadoni at 401-222-4700 ext. 7307. 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:

August 17, 2018 – Underground Storage Tank File No. OCI-UST-2018-18-03176 re: INA Petroleum, Inc. and ROAD RUNNERS FOOD MART, INC. for property located at 2862 Hartford Avenue, Assessor’s Plat 57, Lot 61 in the Town of Johnston, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). INA Petroleum, Inc. owns the property. ROAD RUNNERS FOOD MART, INC. operates the facility. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

August 17, 2018 – Underground Storage Tank File No. OCI-UST-2018-10-01477 re: WAASE AND MOOSA, LLC for property located at 1051 Lonsdale Avenue, Assessor’s Plat 7, Lot 43 in the City of Central Falls, Rhode Island. The property includes underground storage tanks used for storage of petroleum products. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

August 17, 2018 – Underground Storage Tank File No. OCI-UST-2018-18-00292 re: K BROTHERS, LLC and CCO, LLC for property located at 948 Eddie Dowling Highway, Assessor’s Plat 17, Lot 103 in the Town of North Smithfield, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). K BROTHERS, LLC owns the property. CCO, LLC operates the facility. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

August 17, 2018 – Underground Storage Tank File No. OCI-UST-2018-30-00445 re: Ibraham Enterprises Corporation for property located at 33 Jefferson Boulevard, Assessor’s Plat 284, Lot 291 in the City of Warwick, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). Respondent owns the property and operates the facility. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

August 17, 2018 – On Site Wastewater Treatment System File No. OCI-OWTS-18-8 re: New England Holding Inc. for property located at 1400 Warwick Avenue, Assessor's Plat 307, Lot 369 in the City of Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

August 23, 2018 – On Site Wastewater Treatment System File No. OCI-OWTS-17-32 re: Josephine Richmond Arkins for property located at 54 South of Commons Road, Assessor's Plat 31, Lot 3 in the Town of Little Compton, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

August 30, 2018 – Dam File No. State I.D. 99 (Moffett Dam) and 16-8 re: Eddy Del Grande and Carmela A. Del Grande for a dam located adjacent to Great Road on Assessor’s Plat 22, Lot 41 and Assessor’s Plat 22, Lot 115 in the Town of Lincoln, Rhode Island (collectively, the property). Respondents own the property. A portion of Dam 99 lies on the property. The dam is classified by the RIDEM as High Hazard. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Dam Safety. View the NOV.

Formal Enforcement Actions Settled or Resolved:

August 7, 2018 – Dam File No. 313 (Hughesdale Upper Pond Dam) re: Fontaine Living Trust for property located southeast of the intersection of Earl Drive and Central Avenue and northwest of the northern end of Parrillo Circle in the Town of Johnston, Rhode Island. The property includes a dam and associated spillway. The dam is classified by RIDEM as High Hazard. The Respondent owns the dam. On March 8, 2013, the OC&I issued an NOV to Respondent alleging that Respondent violated RIDEM's Rules and Regulations for Dam Safety. View the NOV. Respondent filed an appeal of the NOV with the AAD. On October 19, 2017 and January 18, 2018, a hearing was held on the NOV. On August 7, 2018, the AAD hearing officer issued a Decision and Order. In his decision, the hearing officer found that the RIDEM failed to prove by a preponderance of the evidence the allegations set forth in the NOV, and he sustained the appeal.

August 17, 2018 – On Site Wastewater Treatment System File No. OCI-OWTS-13-65 re: Richard Madden for property located at 43 Surf Avenue, Assessor’s Plat 380, Lot 171 in the City of Warwick, Rhode Island. The property includes a residential dwelling and is owned by Respondent. On December 3, 2013, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondent did not file an appeal of the NOV with the AAD. Prior to filing a complaint in Superior Court to enforce the NOV, Respondent complied with the NOV and paid the full penalty assessed in the NOV.

August 17, 2018 – Freshwater Wetland File No. OCI-FW-16-119 re: Wesco Realty, LLC and WESCO OIL COMPANY for property located at 307 Farnum Pike in the Town of Smithfield, Rhode Island. On March 8, 2017, the OC&I issued an NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV. Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondents paid a penalty of $20,000 to fully resolve the NOV.

August 28, 2018 – Onsite Wastewater Treatment System File No. OCI-OWTS-12-163 re: The Estate of Joseph P. Notarianni for property located at 47 Cucumber Hill Road, Assessor's Plat 4, Lot 32 in the Town of Foster, Rhode Island. The property includes a residential dwelling and is owned by Respondent. On January 5, 2017, the OOC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Issued:

None settled or resolved this month.

Superior Court Actions Settled or Resolved:

August 23, 2018 – Underground Storage Tank File Nos. 04-01177, 2009-01177 and 2013-139-01177 and Superior Court File No. PC-2015-4923 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Albert Therien and Doris Therien for property located at 3585 Mendon Road, Assessor’s Plat 52, Lot 331 in the Town of Cumberland, Rhode Island. The property includes a retail gasoline station and underground storage tanks used for the storage of petroleum products. Defendants own the property. On December 30, 2004, the OC&I issued an NOV to Defendants and the former operators of the station alleging that Defendants and former operators violated the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the UST Regulations). Defendants and the former operators did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 27, 2009, the OC&I issued an NOV to Defendants and a former operator of the station alleging that Defendants and the former operator violated the RIDEM's UST Regulations. Defendants did not file an appeal of the NOV with the AAD. The former operator did file an appeal of the NOV with the AAD; however, the former operator failed to appear, and the appeal was dismissed. Defendants and the former operator did not comply with the NOV. On February 20, 2014, the OC&I issued an NOV to Defendants alleging that Defendants violated the RIDEM's UST Regulations. View the NOV. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On November 9, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order Defendants to fully comply with the NOVs issued on December 30, 2004, August 27, 2009 and February 20, 2014. On August 23, 2018, by agreement of the parties, an Order was entered by the Court requiring Defendants to submit a site investigation report and a corrective action plan to address groundwater contamination on the property to the RIDEM by November 5, 2018. The administrative penalties of $34,547 assessed in the NOVs were reduced to $24,866 and will be held in abeyance while Defendants worked to comply with the site investigation and corrective action plan. If Defendants comply by the deadlines specified, the $24,866 penalty will be waived; otherwise, it is due upon any sale or transfer of the property.

August 31, 2018 – Onsite Wastewater Treatment System File No. CI09-29 and Superior Court File No. PC 12-4119 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Rocco A. Iannotti and Randee R. Elman for property located at 50 Glenham Road, Assessor's Plat 22/2, Lot 95 in the City of Cranston, Rhode Island. The property includes a 3-bedroom dwelling that was owned by Defendants. On May 28, 2010, the OC&I issued an NOV to Defendants alleging that the Defendants violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the overflow of sewage from the sewage disposal system that is located on the property to the surface of the ground. In the NOV, OC&I ordered Defendants to cease the discharge of sewage to the ground surface, retain a licensed designer to evaluate the system to determine the cause of the failure, and repair the system, if necessary. The OC&I assessed an administrative penalty of $1,400. Defendants failed to file an appeal of the NOV at AAD and failed to comply with the NOV. On August 9, 2012, the RIDEM filed a complaint in Superior Court asking the Court to order Defendants to comply with the NOV. Prior to a hearing on the complaint, the property went into foreclosure and was acquired by a new owner. The new owner complied with the NOV and paid the full penalty assessed in the NOV to resolve the matter.