January 2020 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 2020. 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, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-143 re: Stephen E. Holland and Loreen D. Holland for property located at 1115 Succotash Road, Assessor's Plat I/J, Lot 49 in the Town of Narragansett, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondents own the property. OC&I alleges 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.

January 2, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-213 re: James E. Ricci and Sharon G. Ricci for property located at 120 Highbank Avenue, Assessor's Plat 166, Lot 484 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondents own the property. OC&I alleges 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.

January 2, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-285 re: Sherry L. Poucher and Michael S. Cole for property located at 14 Sea View Avenue, Assessor's Plat 68, Lot 181 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondents own the property. OC&I alleges 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.

January 2, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-94 re: Mary G. Korzeniowski for property located at 24 Evergreen Avenue, Assessor's Plat 113, Lot 341 in the Town of Tiverton, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. OC&I alleges that Respondent violated 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.

January 2, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-210 re: Mary F. Ramponi for property located at 1153 Succotash Road, Assessor's Plat I/J, Lot 64-36 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.

January 2, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-203 re: Angela J. Parrillo Living Trust for property located at 36 Mollusk Drive, Assessor's Plat R/2, Lot 350 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.

January 9, 2020 – Underground Storage Tank File No. OCI-UST-19-27-02123 re: Gordon Realty, Inc. and Richmond Airport, Inc. for property located at 23 Heaton Orchard Road, Assessor’s Plat 7E, Lot 26 in the Town of Richmond, Rhode Island. The property includes a motor fuel filling station and underground storage tanks that are used for storage of petroleum product (facility). Gordon Realty, Inc. owns the property. Richmond Airport, 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.

January 15, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-227 re: Barry L. Sharaf for property located at 56 Waterway Road, Assessor's Plat 1, Lot 137 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent own 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.

January 15, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-270 re: Emmett S. Knapton Jr. Trust for property located at 55 Bayberry Drive, Assessor's Plat 68, Lot 320 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent own 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.

January 27, 2020 – Solid Waste File No. OCI-SW-17-41 and Site Remediation File No. OCI-SR-19-2 re: Lonnie Jackson for a property located at 632 River Street, Assessor’s Plat 8D, Lot 27 in the City of Woonsocket, Rhode Island. Respondent owns the property. The property includes a commercial structure and an unlicensed salvage yard. On August 8, 2007, an Environmental Land Use Restriction (ELUR) was recorded on the property title because of concentrations of total petroleum hydrocarbons, polycyclic aromatic hydrocarbons and arsenic present in the soil at levels that exceed the commercial direct exposure criteria in the State’s regulations. The ELUR requires the owner to perform annual inspections of the restrictions and engineering controls set forth in the ELUR and submit an annual evaluation report to RIDEM. Respondent acquired the property October 7, 2013. OC&I alleges that Respondent violated the ELUR and Rhode Island’s Refuse Disposal Act and Industrial Property Remediation and Reuse Act and the Rhode Island Code of Regulations titled Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (250-RICR-140-30-1). View the NOV.

January 27, 2020 – Water Pollution File No. OCI-WP-18-40 re: HOPKINS HILL ROAD REALTY, LLC and HOPKINS HILL SAND & STONE, LLC for a property located at and adjacent to 190 New London Turnpike, Assessor’s Plat 55, Lot 6 (Parcel 55/6), Plat 56, Lot 2 (Parcel 56/2), Plat 56, Lot 3 (Parcel 56/3) and Plat 7, Lot 2 (Parcel 7/2) in the Town of West Greenwich, Rhode Island. Parcels 55/6 and 56/3 include a sand and stone quarry. Freshwater wetlands (including one or more streams) are on Parcels 56/2, 56/3 and 7/2. HOPKINS HILL ROAD REALTY, LLC owns Parcels 55/6 and 56/3. HOPKINS HILL SAND & STONE, LLC operates the quarry. James E. Thibault owns Parcel 56/2. State of Rhode Island Water Resources Board owns Parcel 7/2. On March 1, 2004, HOPKINS HILL ROAD REALTY, LLC applied to RIDEM to alter the wetlands for proposed mining of sand and stone on Parcels 55/6 and 56/3. On June 9, 2004, RIDEM approved the application. One condition of the approval was that HOPKINS HILL ROAD REALTY, LLC apply for and receive a separate approval from RIDEM to discharge stormwater associated with industrial activity at the quarry to the wetlands. OC&I alleges that Respondent violated the permit and Rhode Island’s Water Pollution Act and Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1), Water Quality Regulations (250-RICR-150-05-1) and the Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV.

January 27, 2020 – Air Pollution File Nos. OCI-AIR-18-111, OCI-AIR-19-57 and OCI-AIR-19-88 and Water Pollution File Nos. OCI-WP-18-134 X-ref RIPDES RI0023761 re: P. J. Keating Company for a property located at 875 Phenix Avenue in the City of Cranston, Rhode Island. The property includes a facility engaged in the mining and processing of rock, sand and gravel (quarry facility) and a facility that manufactures concrete (concrete facility). Respondent operates the quarry facility. Respondent leases a portion of the property to Cullion Concrete, which operates the concrete facility. On September 23, 2014, RIDEM issued a permit to Respondent to discharge stormwater from the property to an unnamed tributary flowing into Furnace Hill Brook. The permit requires Respondent to meet limits for monthly average and maximum daily concentrations for total suspended solids. OC&I alleges that Respondent violated the permit and Rhode Island’s Water Pollution Act and the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1), Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1), Fugitive Dust (250-RICR-120-05-7) and Emissions of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7). View the NOV.

January 28, 2020 – Water Pollution File Nos. OCI-WP-19-50 X-ref RIPDES RI0100234 re: City of Warwick. Respondent owns a wastewater collection and treatment system (facility). On September 30, 2008, RIDEM issued a permit to Respondent to discharge treated wastewater from the facility to Pawtuxet River through outfall 001A. The permit does not authorize Respondent to discharge wastewater from the facility to any other waters of the State or from any location other than outfall 001A. The permit requires Respondent to take all reasonable steps to minimize or prevent any discharge which has a reasonable likelihood of adversely affecting human health or the environment and to properly operate and maintain all facilities and systems of treatment and control which are installed or used to achieve compliance. OC&I alleges that Respondent violated the permit and Rhode Island’s Water Pollution Act and the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1), Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1) and Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities (250-RICR-150-10-4). View the NOV.

Formal Enforcement Actions Settled or Resolved:

January 9, 2020 – On Site Wastewater Treatment System File No. OCI-OWTS-18-98 re: Bee Yang and Youa Xiong for property located at 23 Boswell Trail, Assessor's Plat 10, Lot 70 in the Town of Foster, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. On May 24, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated 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 complied with the Order section of the NOV and paid a reduced penalty of $1,200 to fully resolve the NOV.

January 22, 2020 – OWTS File No. OCI-OWTS-14-233 re: Joseph B. Turano, Jr. for property located at 25 Breach Drive, Assessor's Plat 156, Lot 36 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by a cesspool that is located within 200 feet of the inland edge of a shoreline bordering a tidal water. Respondent owns the property. On July 13, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated 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 complied with the Order section of the NOV and paid a reduced penalty of $2,500 to fully resolve the NOV.

January 27, 2020 – 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. On August 17, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV and paid the full penalty assessed in the NOV.

January 28, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-16-57 re: James W. Morgan for property located at 127-129 Yorktown Road, Assessor's Plat 148, Lot 103 in the Town of North Kingstown, Rhode Island. The property includes a residential dwelling and is owned by Respondent. On February 21, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated 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 complied with the Order section of the NOV and paid a reduced penalty of $500 to fully resolve the NOV.

January 30, 2020 – Site Remediation File No. OCI-SR-16-8 re: AP ENTERPRISE, LLC for property located on Walnut Street, Russell Avenue, Highland Avenue and Park Avenue, Assessor’s Plat 20, Lots 1, 2 and 13 and Plat 25, Lot 2 in the Town of Portsmouth, Rhode Island. The property is a former solid waste landfill. Respondent owns the property. On April 30, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (250-RICR-140-30-1). 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.