December 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 December 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:

December 2, 2019 – Underground Storage Tank File No. OCI-UST-19-37-00668 re: Eugene Gencarelli, Jr. and Ginger’s Service Station, Inc. for property located at 110 Oak Street, Assessor’s Plat 48, Lot 50 in the Town of Westerly, Rhode Island. The property includes a motor fuel filling station and underground storage tanks that are used for storage of petroleum product (facility). Eugene Gencarelli, Jr. owns the property. Ginger’s Service Station, Inc. operates the facility. 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.

December 10, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-274 re: David N. Laudati Revocable Living Trust for property located at 47 Sunset Shore Drive, Assessor's Plat R-1, Lot 176 in the Town of Narragansett, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 and the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

December 10, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-181 re: Kristen Ann Felici for property located at 15 Circuit Drive, Assessor's Plat 116, Lots 214 and 215 in the Town of Warren, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 and the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

December 13, 2019 – Underground Storage Tank File No. OCI-UST-18-59-00075 re: JOANNE REALTY LLC and J GEHA, CORP. for property located at 585 Tiogue Avenue, Assessor’s Plat 38, Lot 174 in the Town of Coventry, Rhode Island. The property includes a convenience store and motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). JOANNE REALTY LLC owns the property. J GEHA, CORP. operates the facility. 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.

December 23, 2019 – Freshwater Wetland File No. OCI-FW-17-52 re: WIND ENERGY DEVELOPMENT HOLDINGS, LLC dba Wind Energy Development, LLC for property located approximately 100 feet southwest of the cul-de-sac at the southern terminus of the paved portion of West Log Bridge Road and approximately 2,300 feet southwest of its intersection with Perry Hill Road, at the northern-most portion of the unimproved portion of West Log Bridge Road right of way, Town of Coventry right of way in the Town of Coventry, Rhode Island. The Town of Coventry owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV.

Formal Enforcement Actions Settled or Resolved:

December 4, 2019 – Freshwater Wetland File No. OCI-FW-17-129 re: North American Catholic Educational Programming Foundation, Inc. for property located approximately 800 feet north of Hartford Pike, approximately 500 feet west of the intersection with Regina Drive, Assessor's Plat 24, Lot 31 in the Town of Scituate, Rhode Island. Respondent owns the property. On November 6, 2014, RIDEM issued a permit to Respondent to alter freshwater wetlands in the southeasternmost portion of the property associated with the construction of agricultural fields, a house, a garage, barns, greenhouses, wells, storage tanks, an onsite wastewater treatment facility and drainage. The permit did not authorize altering any wetlands located on the northernmost portion of the property. On July 11, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the permit, 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 AAD. On April 24, 2019, a hearing was held, and on May 20, 2019, AAD’s hearing officer viewed the property. On July 16, 2019, Respondent filed a motion to dismiss, which AAD’s hearing officer denied. On December 4, 2019, AAD’s hearing officer issued a Decision and Order sustaining the NOV and dismissing the appeal. View the Decision and Order.

December 10, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-193 re: Victor DaSilva and Nellie DaSilva for property located at 22 Cherry Lane, Assessor's Plat 201, Lot 146 in the Town of Tiverton, Rhode Island. The property includes a residential dwelling and is owned by Respondents. On February 27, 2015, OC&I issued a NOV to Respondents alleging that Respondents violated the the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents repaired the system and paid the full penalty of $1,400 assessed in the NOV.

December 13, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-238 re: Christopher Williams and Mary Beth Williams for property located at 15 Foster Road, Assessor's I/J, Lot 171 in the Town of Narragansett, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents owns the property. On September 24, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Cesspool Act of 2007 and the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondents provided documents to OC&I that demonstrate that Respondents do not have a cesspool on the property. As such, OC&I rescinded the NOV.

December 16, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-141 re: Jane F. Harrison for property located at 19 Shore Drive, Assessor's Plat 17, Lot 133 in the Town of Warren, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent owns the property. On July 23, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Cesspool Act of 2007 and the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. Respondent did not file an appeal of the NOV with AAD. Respondent replaced the cesspool and paid a reduced penalty of $1,500 to fully resolve the NOV.

December 24, 2019 – Freshwater Wetland File No. OCI-FW-17-52 re: WIND ENERGY DEVELOPMENT HOLDINGS, LLC dba Wind Energy Development, LLC for property located approximately 100 feet southwest of the cul-de-sac at the southern terminus of the paved portion of West Log Bridge Road and approximately 2,300 feet southwest of its intersection with Perry Hill Road, at the northern-most portion of the unimproved portion of West Log Bridge Road right of way, Town of Coventry right of way in the Town of Coventry, Rhode Island. The Town of Coventry owns the property. On December 23, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV. In lieu of Respondent filing an appeal of the NOV with AAD, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

December 24, 2019 – Freshwater Wetland File No. OCI-FW-15-12 re: WIND ENERGY DEVELOPMENT HOLDINGS, LLC dba Wind Energy Development, LLC for property located on West Log Bridge Road, approximately 2,130 feet southwest of the intersection of Kirvanta Road and Victory Highway (State Route 102), Assessor’s Plat 303, Lot 4 and Plat 304, Lots 2 and 3 in the Town of Coventry, Rhode Island. The Town of Coventry owns West Log Bridge Road. Kevin A. Breene owns Lot 4 and Lot 2. Dianne Morton and Steven H. Morton own Lot 3. On August 2, 2016, RIDEM issued a permit to Respondent and the property owners. The permit required restoration to wetlands on the property. On October 30, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated the permit, Rhode Island’s Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.