February 2021 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 February 2021. 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:

February 15, 2021 – Air Pollution File No. OCI-AIR-20-96 re: J. Goodison Company dba J. Goodison Company, Inc. for a facility located at 125-128 Zarbo Avenue in North Kingstown, Rhode Island. Respondent operates the facility. The facility is a stationary source of air pollutants. On February 10, 2017, RIDEM issued a minor source permit to Respondent to emit air pollutants to the atmosphere from the facility. OC&I alleges that Respondent violated its permit and Rhode Island’s regulations titled Air Pollution Control Permits. View the NOV.

February 15, 2021 – Air Pollution File No. OCI-AIR-20-39 re: Sprague Operating Resources LLC for a facility located at 100 Dexter Avenue in East Providence, Rhode Island. Respondent operates the facility. The facility is a stationary source of air pollutants. On July 31, 2017, RIDEM issued a minor source permit to Respondent to emit air pollutants to the atmosphere from the facility. OC&I alleges that Respondent violated its permit and Rhode Island’s regulations titled Air Pollution Control Permits. View the NOV.

February 15, 2021 – Air Pollution File No. OCI-AIR-20-110 re: 597 BRANCH AVE. LLC and Mitri, Inc. for a property located at 597 Branch Avenue in Providence, Rhode Island. The property includes a gas dispensing facility. 597 BRANCH AVE. LLC owns the property. Mitri, Inc. operates the facility. The facility is a stationary source of air pollutants. OC&I alleges that Respondents violated Air Pollution Control Regulation No. 11 – Petroleum Liquids Marketing and Storage. View the NOV.

February 22, 2021 – Underground Storage Tank File No. OCI-UST-19-39-00642 re: MARTINS ACQUISITIONS, LLC and MARTINS PETROLEUM, INC. for property located at 481 Warren Avenue, Assessor’s Map 307, Block 36, Parcel 18 in East Providence, Rhode Island. The property includes a convenience store and a motor fuel filling station (facility). MARTINS ACQUISITIONS, LLC owns the property. MARTINS PETROLEUM, INC. operates the facility. OC&I alleges that Respondents violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

February 22, 2021 – Water Pollution File No. OCI-WP-21-1 re: WATERSON TERMINAL SERVICES, LLC and Bristol County Water Authority. On or about April 22, 2019, RIDEM received an application from WATERSON TERMINAL SERVICES, LLC (WTS) to discharge treated groundwater to Providence River associated with the repair of a water pipeline owned by Bristol County Water Authority (BCWA). WTS signed the application as the owner of the property, and BCWA signed the application as the operator of the proposed treatment system. On April 25, 2019, RIDEM issued an Order of Approval to WTS for the discharge from the treatment system. OC&I alleges that Respondents violated the Order of Approval and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

Formal Enforcement Actions Settled or Resolved:

February 11, 2021 – Water Pollution File No. OCI-WP-19-47 re: S&S LLC for property located at 245 Read School House Road, Assessor’s Plat 74, Lot 3 in Coventry, Rhode Island. On or about January 8, 2018, Respondent, a limited liability company organized pursuant to the laws of the State of Rhode Island, applied to RIDEM for a general permit to construct a residential subdivision and associated roadway and stormwater treatment structures at the property. On March 8, 2018, RIDEM issued a permit to Respondent for the project. On October 23, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a reduced penalty of $5,500 to fully resolve the NOV.

February 15, 2021 – Water Pollution File No. OCI-WP-18-46 X-ref RIPDES RI0100013 re: City of Cranston. The City of Cranston, Rhode Island (Cranston) owns a wastewater collection and treatment system (facility). On September 30, 2008, RIDEM issued a permit to Cranston to discharge treated wastewater from the facility to Pawtuxet River. On December 26, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and OC&I and Respondent executed a Consent Agreement to resolve the administrative penalty assessed in 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.