May 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 May 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:

May 26, 2020 – Underground Storage Tank File No. OCI-UST-19-25-00766 re: ANERI REALTY, INC., AISHA, LLC and AMINIA, LLC for a property located at 1100 Main Street, Assessor’s Plat 45, Lot 45 in the Town of Coventry, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). ANERI REALTY, INC. owns the property. AISHA, LLC and AMINIA, LLC operate 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:

May 6, 2020 – Dam File No. 480 (Warren Reservoir Upper Dam) re: Bristol County Water Authority for property located approximately 3900 feet east of the intersection of Market Street and Schoolhouse Road and approximately 200 feet north of Schoolhouse Road in the town of Warren. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Respondent owns the dam. On March 17, 2014, OC&I issued a NOV to Respondent alleging that Respondent violated RIDEM's Rules and Regulations for Dam Safety. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

May 11, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-270 re: Emmett S. Knapton Jr. Trust for property located at 55 Bayberry Drive, Assessor's Plat 68, Lot 320 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent own the property. On January 15, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Cesspool Act of 2007 and 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 a reduced penalty of $3,000 to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.