November 2017 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 November 2017. 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:

November 1, 2017 - Dam File No. State I.D. 349 (Spear Pond Dam) and 16-20 re: Frederick W. Knier and Paul H. Knier for a dam located approximately 1,600 feet north of the intersection of Central Pike and Foster Center Road (Route 94), approximately 195 feet west of Foster Center Road, at 141A Foster Center Road, Assessor’s Plat 11, Lot 54 in the Town of Foster, Rhode Island. The dam is classified by the RIDEM as High Hazard. Respondents own the dam. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Dam Safety. View the NOV.

November 16, 2017 - Underground Storage Tank File No. 2017-51-00706 re: Jeha Corp. for property located at 296 Armistice Boulevard, Assessor’s Plat 18, Lot 922 in the City of Pawtucket, Rhode Island. The property includes a petroleum product storage and dispensing system and underground storage tanks used for the storage of petroleum products (facility). Respondent owns the property and operates the facility. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

November 28, 2017 - OWTS File No. 16-11 re: David Ciampi for property located at 486 Atlantic Avenue, Assessor's Plat 155, Lot 65 in the Town of Westerly, Rhode Island. The property includes a single-family residence and is owned by Respondent. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

November 28, 2017 - OWTS File No. 16-5 re: Athanasios Rekaris for property located at 18 Heights Avenue, Assessor's Plat 335, Lot 37 in the City of Warwick, Rhode Island. The property includes a single-family residence and is owned by Respondent. The OC&I alleges that Respondent 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:

November 10, 2017 - Underground Storage Tank File No. 2017-27-00789 re: COLBEA ENTERPRISES, L.L.C. and J ENTERPRISES, INC. for property located at 1020 Narragansett Boulevard, Assessor's Plat 87, Lot 1064 in the City of Providence, Rhode Island. The property includes a motor fuel storage and dispensing system and a convenience store and underground storage tanks used for the storage of petroleum products (facility). COLBEA ENTERPRISES, L.L.C. owns the property. J ENTERPRISES, INC. operates the facility. On September 13, 2017, the OC&I issued an NOV to Respondents alleging that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Respondents filed an appeal of the NOV with the AAD. On November 10, 2017, the OC&I and Respondents executed a consent agreement to resolve the NOV. View the Agreement.

November 30, 2017 - Hazardous Waste File No. OCI-HW-16-31 re: Kenneth A. Rocha d/b/a Ken Rocha Auto Body, Inc. for a property located at 770 Potters Avenue in the City of Providence, Rhode Island. Ken Rocha Auto Body, Inc. previously operated an auto body repair business on the property and was registered with the RIDEM as a small quantity hazardous waste generator at the property. On September 22, 1999, the Rhode Island Secretary of State revoked the Certificate of Registration/Organization for Ken Rocha Auto Body, Inc. Kenneth A. Rocha is the last known president of the corporation. On August 20, 2016, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the RIDEM determined that its inspection of the property was not in accordance with the administrative warrant that was issued by the Court, so the RIDEM released the NOV and dismissed the administrative penalty assessed in the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.