November 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 November 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:

None issued this month.

Formal Enforcement Actions Settled or Resolved:

November 15, 2019 – Underground Storage Tank File No. OCI-UST-2018-25-00609 re: ASAD ALI, LLC for property located at 302 Broad Street, Assessor’s Plat 3, Lot 137 in the Town of Cumberland, Rhode Island. The property includes underground storage tanks used for storage of petroleum products. Respondent owns the property. On July 12, 2018, 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 Petroleum Products and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, Respondent complied with the Order section of the NOV and OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

November 15, 2019 – Underground Storage Tank File No. OCI-UST-18-8-01139 re: Carl C. Ferrucci, Frances S. Ferrucci and FORTINI ENTERPRISES, LTD. for property located at 1282 Elmwood Avenue, Assessor’s Plat 3, Lot 951 in the City of Cranston, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). Carl C. Ferrucci and Frances S. Ferrucci own the property. FORTINI ENTERPRISES, LTD. operates the facility. On January 4, 2019, OC&I issued a NOV to Respondents alleging 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. Respondents filed an appeal of the NOV with AAD. Prior to a hearing on the NOV, Respondents complied with the Order section of the NOV and OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

November 21, 2019 – Onsite Wastewater Treatment System File No. 12-41 and Superior Court File No. PM 2014-6054 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Michael D. Boyajian for property located at 22 Clara Avenue, Assessor's Plat 355, Lot 38 in the City of Warwick, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On June 1, 2012, OC&I issued a NOV to Defendant alleging that Defendant 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. Defendant failed to file an appeal of the NOV with AAD and failed to comply with the NOV. On December 9, 2014, RIDEM filed a complaint in Superior Court asking the Court to order Defendant to comply with the NOV. On August 31, 2016, the Court entered an Order that was agreed to by RIDEM and Defendant. Defendant agreed to repair the system to RIDEM’s satisfaction and pay the $1,000 penalty assessed in the NOV. Defendant complied with the Order to resolve the matter.