May 2018 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 for the month of May 2018. 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 RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM 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 RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves 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. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

May 8, 2018 – Underground Storage Tank File No. 2018-29-00454 re: 732 WILLETT AVE LLC and Royal Fuel, Inc. for property located at 732 Willett Avenue, Assessor’s Map 512, Block 20, Parcel 6 in the City of East Providence, Rhode Island. The property includes an automobile service and motor fuel filling station and underground storage tanks used for storage of petroleum products (facility). 732 WILLETT AVE LLC owns the property. Royal Fuel, Inc. operates the facility. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and the RIDEM’s Oil Pollution Control Regulations. View the NOV.

May 8, 2018 – OWTS File No. 17-52 re: D Construction, LLC and First Choice Construction, LLC for property located at 2558 Hartford Avenue, Assessor's Plat 46, Lot 120 in the Town of Johnston, Rhode Island. The property includes a single-family residence. First Choice Construction, LLC owns the property. First Choice Construction, LLC acquired the property on 25 September 2017. D Construction, LLC owned the property from 16 September 2016 to 25 September 2017. The OC&I alleges that Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

Formal Enforcement Actions Settled or Resolved:

None issued this month.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.