May 2019 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 May 2019. 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:

May 6, 2019 – 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 owns the property. The 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.

May 13, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-18-89 re: Robert L. Phillips for property located at 7A&B High Street, Assessor's Plat 4, Lot 92 in the Town of Scituate, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The 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.

May 13, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-19-21 re: ORION, LLC for property located at 11 Ocean Avenue, Assessor's Plat 355, Lot 503 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. The 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.

May 17, 2019 – Air Pollution File No. OCI-AIR-18-112 re: Sprague Operating Resources LLC for a facility located at 120 Allens Avenue (also identified as 144 Allens Avenue) in the City of Providence, Rhode Island. The facility receives and distributes liquid asphalt and other petroleum products that are stored in above ground storage tanks. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Odors (250-RICR-120-05-17). View the NOV.

May 24, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-19-15 re: George Brennan for property located at 193 Simmonsville Avenue, Assessor's Plat 28, Lot 93 in the Town of Johnston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The 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.

May 24, 2019 – 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. The OC&I alleges 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.

May 29, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-14-131 re: The Barbara P. Fedun Trust Agreement for property located at 36 Bay Street, Assessor's Plat 179, Lot 100 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The 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.

May 29, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-19-49 re: Joseph T. Dyer, Jr. for property located at 27 Breach Drive, Assessor's Plat 156, Lot 35 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The 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.

May 29, 2019 – Water Pollution File No. OCI-WP-18-166 and RIG85G029 re: Manafort Brothers Incorporated. On July 13, 2017, RIDEM issued a permit to the University of Rhode Island and Respondent to discharge treated groundwater associated with the University of Rhode Island College of Engineering Building Project to White Horn Brook. The OC&I alleges that Respondent violated the permit, Rhode Island’s Water Pollution Act, the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1) and the Rhode Island Code of Regulations titled Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV.

May 29, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-14-294 re: Elias H. Trefes and Vera Jean Trefes for property located at 461 Atlantic Avenue, Assessor's Plat 155, Lot 44 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. The OC&I alleges 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.

Formal Enforcement Actions Settled or Resolved:

None settled or resolved this month.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.