January 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 January 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:

January 2, 2019 – Underground Storage Tank File No. OCI-UST-18-21-00793 re: FIRST MENDON LLC and ONE ENERGY, INC for property located at 3492 Mendon Road, Assessor’s Plat 53, Lot 1625 in the Town of Cumberland, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). FIRST MENDON LLC owns the property. ONE ENERGY, INC operates the facility. The 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.

January 4, 2019 – Underground Storage Tank File No. OCI-UST-18-8-01139 re: Carl C. Ferrucci, Frances S. Ferrucci and FORTINI ENTERPRISES, LTD. for property located at 1282 Elmwood Avenue, Assessor’s Plat 3, Lot 951 in the City of Cranston, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). Carl C. Ferrucci and Frances S. Ferrucci own the property. FORTINI ENTERPRISES, LTD. operates the facility. The 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.

January 16, 2019 – Dam State I.D. 371 (Pearce Pond Dam) and Dam File No. OCI-DAMS-16-21 re: Georges Bockstael for a dam located approximately 400 feet northwest of the intersection of Howard Avenue and Lincoln Avenue, approximately 60 feet south of Howard Avenue, Assessor’s Plat 96, Lot 15 in the Town of Coventry, Rhode Island. Respondent owns the dam. The dam is classified by the RIDEM as High Hazard. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV.

January 16, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-18-37 re: Kevin Curt and Elena Curt for property located at 118 Blue Gentian Road, Assessor's Plat 27/1, Lot 113 in the City of Cranston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

January 23, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-17-101 re: Linda K. Makhlouf for property located at 1 Lloyd Drive, Assessor's Plat 60, Lot 132 in the Town of Coventry, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

January 23, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-18-54 re: Stephen R. DeAngelis for property located at 373 Gooseberry Road, Assessor's Plat 88-1, Lot 52 in the Town of South Kingstown, 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 Rhode Island Code of Regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

January 23, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-16-22 re: Jeremy T. Allen and Polly G. Allen for property located at 104 South of Commons Road, Assessor's Plat 31, Lot 11 in the Town of Little Compton, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

January 23, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-18-15 re: Franco Mesiti, Flora Mesiti and Rosina Casale for property located at 99 Hillcrest Drive, Assessor's Plat 21/2, Lot 310 in the City of Cranston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

January 23, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-18-4 re: Oran Spaulding for property located at 34 Ridge Road, Assessor's Plat 380, Lot 206 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 Rhode Island Code of Regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

January 28, 2019 – Underground Storage Tank File No. OCI-UST-17-71-00262 re: Jeha Corp. and MITRI PETROLEUM LLC for property located at 1514 Newport Avenue, Assessor’s Plat 4, Lot 1124 in the City of Pawtucket, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system (facility). Jeha Corp. owns the property. MITRI PETROLEUM LLC operates the facility. The 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.

Formal Enforcement Actions Settled or Resolved:

January 3, 2019 – Hazardous Waste File No. 17-67 re: Prosys Finishing Technologies, Inc. for a property located at 1420 Elmwood Avenue in the City of Cranston, Rhode Island. A section of the property includes a facility used for the receipt, distribution and manufacturing of chemical solutions and powders primarily involving the manufacture of surfactants and products for the electroplating industry (facility). Respondent operates the facility. On June 20, 2018, the OC&I issued an NOV to Respondent alleging that Respondent violated Rhode Island Code of Regulations titled Rules and Regulations for the Management of Hazardous Waste (20-RICR-140-10-1). View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to a hearing on the NOV, the OC&I and Respondent executed a Consent Agreement to resolve the NOV. See the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.