July 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 July 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:

July 16, 2020 – Underground Storage Tank File No. OCI-UST-20-8-00431 re: Jeha Corp and JOHN JEHA, INC. for a property located at 76 Newport Avenue, Assessor’s Plat 40, Lot 1008 in the City of Pawtucket, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station (facility). Jeha Corp owns the Property. JOHN JEHA, 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.

July 16, 2020 – Underground Storage Tank File No. OCI-UST-20-18-01948 re: Myron P. Shevell for a property located at 400 Division Street, Assessor’s Plat 25, Lot 337 in the City of Pawtucket, Rhode Island. The property includes a motor fuel storage and dispensing system, a garage and a warehouse and a motor vehicle service station. Respondent owns the Property. OC&I alleges that Respondent 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.

July 16, 2020 – Underground Storage Tank File No. OCI-UST-20-6-00386 re: 50 BLAKE LLC and WARREN MOBIL MART, INC. for a property located at 100 Main Street, Assessor’s Plat 1, Lot 9 in the Town of Warren, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station (facility). 50 BLAKE LLC owns the Property. WARREN MOBIL MART, 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.

July 16, 2020 – Underground Storage Tank File No. OCI-UST-20-24-18926 re: XPO LAND HOLDINGS, LLC and XPO Logistics Freight, Inc. for a property located at 15 Southern Industrial Drive, Assessor’s Plat 36/3, Lot 126 in the City of Cranston, Rhode Island. The property includes a motor fuel storage and dispensing system and a warehouse/office building (facility). XPO LAND HOLDINGS, LLC owns the Property. XPO Logistics Freight, 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.

Formal Enforcement Actions Settled or Resolved:

July 1, 2020 – Onsite Wastewater Treatment System File No. 2008 2802 IS and CI 08-124 re: Ronald Demarais and Deborah McClintock for property located at 53 Laurel Street, Assessor's Plat 24, Lot 121 in the Town of Hopkinton, Rhode Island. The property includes a one-bedroom family dwelling and was owned by Respondents. On August 27, 2009, OC&I issued a NOV to Respondents alleging that Respondents violated regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violation pertained to the discharge of wastewater from the onsite wastewater treatment system (OWTS) for the dwelling to the surface of the ground and the use of a failed OWTS. On November 26, 2008, OC&I inspected the property and observed wastewater on the surface of the ground. OC&I’s inspector handed a copy of the "Field Inspection Report" and "Required Actions Summary Sheet" (collectively, a Notice of Intent to Enforce or NIE) to Deborah McClintock. The NIE required Respondents to reduce the discharge of wastewater to the OWTS through the use of water conservation devices, arrange to have the system pumped by a licensed septage hauler as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. An inspection by OC&I on April 10, 2009 revealed that wastewater was present on the ground surface. OC&I’s inspector issued a second NIE to Deborah McClintock. Respondents did not comply with the NIE. In the NOV, OC&I ordered Respondents to immediately cease the discharge of wastewater to the surface of the ground, reduce the discharge of sewage to the OWTS, pump the system as needed to prevent overflows, have the system inspected by a licensed designer to determine the cause of the failure, and repair the system, if necessary. OC&I assessed an administrative penalty of $2,200. Respondents did not file an appeal of the NOV with AAD and did not comply with the NOV. On July 14, 2016, the property was acquired by the bank and subsequently sold. The bank and/or the new owners fully repaired the OWTS as evidenced by the issuance of a Certificate of Conformance by RIDEM and paid the full penalty assessed in the NOV.

July 27, 2020 – On Site Wastewater Treatment System File No. OCI-OWTS-17-105 re: NRZ PASS-THROUGH TRUST X for property located at 24 Norman Road, Assessor's Plat 5, Lot 469 in the Town of Jamestown, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent formerly owned the property. On May 6, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated 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 and did not comply with the NOV. The property was sold, and the new owner complied with the Order section of the NOV and paid a reduced penalty of $500 to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.