December 2017 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 December 2017. 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:

December 15, 2017 - Underground Storage Tank File No. 2017-5-02268 re: SEHI, LLC and COUNTRY FOOD MART, LLC for property located at 4063 South County Trail, Assessor’s Plat 28, Lot 170 in the Town of Charlestown, Rhode Island. The property includes a petroleum product storage and dispensing system and underground storage tanks used for the storage of petroleum products (facility). SEHI, LLC owns the property. COUNTRY FOOD MART, 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.

December 28, 2017 - Dam File No. State I.D. 742 (Creamer Dam) and 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 the RIDEM as High Hazard. Respondent owns the portion of the dam located on Lot 144. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Dam Safety. View the NOV.

Formal Enforcement Actions Settled or Resolved:

December 1, 2017 - Freshwater Wetland File No. 15-142 re: David Duplessis for property located approximately 40 feet east of Iron Mine Hill Road near utility pole number 109 and approximately 3,900 feet southwest of its intersection with Eddie Dowling Highway (Route 146), Assessor's Plat 17, Lot 310 in the Town of North Smithfield, Rhode Island. On March 6, 2017, the OC&I issued an NOV to Respondent alleging that Respondent 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. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, on December 1, 2017, the OC&I and Respondent executed a consent agreement to resolve the NOV. View the Agreement.

December 21, 2017 - Multi-Media/Undergound Storage Tanks and Site Remediation/File Nos. 2015-51-00644 and 2016-7 re: Middletown Square LLC for properties located at 533 Broadway, Assessor's Plat 6, Lot 332 in the City of Newport, Rhode Island and at 7 West Main Road, Assessor's Plat 108SW, Lot 148 in the Town of Middletown, Rhode Island. The properties include a former service station and underground storage tanks used for the storage of petroleum product. Respondent owns the properties. On October 19, 2016, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. View the NOV. Respondent did not file an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a reduced penalty of $25,000 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.