June 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 June 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:

June 24, 2020 – Underground Storage Tank File No. OCI-UST-19-15-01501 re: Raymond Bruneault dba ROAD RUNNER AUTOMOTIVE LLC for a property located at 448 Great Road, Assessor’s Plat 6, Lot 25 in the Town of North Smithfield, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system (facility). ROAD RUNNER AUTOMOTIVE LLC owns the Property. The Certificate of Organization/Registration for the corporation was revoked by the Rhode Island Secretary of State on 27 June 2017. Respondent is the last known authorized person for the corporation. Respondent operates the facility. 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.

Formal Enforcement Actions Settled or Resolved:

June 16, 2020 – OWTS File No. OCI-OWTS-14-283 re: Diane Norbert Bavasso for property located at 35 Breach Drive, Assessor's Plat 143, Lot 19 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 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 provided documents to OC&I to support waiving the administrative penalty, which OC&I did to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.