March 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 March 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:

March 10, 2020 – Water Pollution File No. OCI-WP-15-80 X-ref RIPDES RI0100072 re: City of Pawtucket. The City of Pawtucket, Rhode Island owns and operates a wastewater collection system that discharges wastewater to a wastewater treatment facility in the City of East Providence, Rhode Island that is owned and operated by the Narragansett Bay Commission (NBC). On December 31, 2001, RIDEM issued a permit to NBC. The permit authorized NBC to discharge wastewater from combined sewer outfall (CSO) 203A to the waters of the State. The permit prohibited the dry weather discharge of wastewater from CSO 203A. On February 1, 2007, the permit expired. NBC submitted a timely and complete permit reapplication to RIDEM and in accordance with the Rhode Island Code of Regulations titled Regulations for the Pollutant Discharge Elimination System (250-RICR-150-10-1) the expired permit remained in full force and effect and was fully enforceable. 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) . View the NOV.

March 11, 2020 – Underground Storage Tank File No. OCI-UST-19-55-01520 and LS-2816 re: ST. TONY’S LLC and LaSalle Service Station, Inc. for a property located at 1055 Smith Street, Assessor’s Plat 85, Lot 197 in the City of Providence, Rhode Island. The property includes a motor vehicle service station and a motor fuel storage and dispensing system (facility). ST. TONY’S LLC owns the property. ST. TONY’S LLC acquired the property on or about December 21, 2012. LaSalle Service Station, Inc. operates the facility. On May 3, 1991, RIDEM received a report regarding the release of petroleum product at the property. Prior to and since ST. TONY’S LLC acquired the property and LaSalle Service Station, Inc.’s operation of the facility, investigatory and remedial activities have occurred both on and off the property to address and monitor the release. 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.

March 13, 2020 – Air Pollution File No. OCI-AIR-20-13 re: EAGLEPICHER TECHNOLOGIES, LLC for a facility located at 2000 South County Trail in the Town of West Greenwich, Rhode Island. OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Air Pollution Control Permits (250-RICR-120-05-9) at the facility. View the NOV.

Formal Enforcement Actions Settled or Resolved:

March 4, 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. On January 2, 2020,OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Cesspool Act of 2007and 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, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

March 5, 2020 – Hazardous Waste File No. OCI-HW-16-50 re: Atwood Cleaners, LLC for a property located at 807 Atwood Avenue in the City of Cranston, Rhode Island. The property includes a facility used for the operation of a dry-cleaning business. Respondent operates the facility and is registered with RIDEM as a small quantity hazardous waste generator at the facility. On May 24, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for the Management of Hazardous Waste (250-RICR-140-10-1) and Title 40 of the Code of Federal Regulations. View the NOV. Respondent failed to file an appeal of the NOV with AAD. Respondent complied with the Order portion of the NOV and OC&I and Respondent executed a Consent Agreement to resolve the administrative penalty assessed in the NOV. View the Agreement.

March 11, 2020 – 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. On January 23, 2019, 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 portion of the NOV and paid the full penalty assessed in the NOV.

March 11, 2020 – Dam State I.D. No. 455 (Boucher Farm Dam) and Dams File No. OCI-DAMS-14-43 re: Gary M. Appolonia and James H. Paolucci for property located approximately 550 feet northwest of the intersection of Cowesett Avenue and Coit Avenue in the Town of West Warwick, Rhode Island. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondents own the dam. On March 12, 2014, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Gary M. Appolonia complied with the NOV for the portion of the dam he owns.

March 19, 2020 – Underground Storage Tank File No. OCI-UST-18-6-01488 re: KEARNEY REALTY, LLC for property located at 5682 Post Road, Assessor’s Plat 4, Lot 67-1 in the Town of Charlestown, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). Respondent owns the property and operates the facility dba Michael’s Food Mart. On February 21, 2019, OC&I issued a NOV to Respondent alleging 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. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order portion of the NOV and OC&I and Respondent executed a Consent Agreement to resolve the administrative penalty assessed in the NOV. View the Agreement.

March 25, 2020 – Dam State I.D. No. 067 (Todd’s Pond Dam) re: Paul R. Hazard and Karen A. Hazard for property located on the west side of Greenville Road, about midway between its intersection with Route 146 to the north and Iron Mine Hill Road to the south in the town of North Smithfield, Rhode Island. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondents own the dam. On May 5, 2012, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, the National Grid completed an upgrade to its substation that is located below the dam which allowed RIDEM to reclassify the dam as a Low Hazard and rescind the NOV.

Superior Court Actions Issued:

March 6, 2020 – Hazardous Waste File No. OCI-HW-18-21 and Superior Court File No. PC- 2020-02243 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant International Chromium Plating Company for a facility located at 2 Addison Place in the City of Providence, Rhode Island. The facility is engaged in electroplating industrial metal parts and components. Defendant is registered with RIDEM as a small quantity hazardous waste generator at the facility under the name International Chromium Plating Company with Environmental Protection Agency identification number RID001208503. RIDEM alleges that Defendant violated Rhode Island’s Hazardous Waste Management Act and the Rhode Island Code of Regulations titled Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the Complaint.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.