October 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 October 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:

October 3, 2017 - Freshwater Wetland File No. 14-39 re: Brian A. Pate for property located at 803 Farnum Pike, approximately 400 feet southwest of Farnum Pike (Route 7), Assessor’s Plat 19, Lot 74 in North Smithfield. Respondent owns the property. The OC&I alleges that Respondent violated the Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

October 18, 2017 - Underground Storage Tank File No. 2017-43-00105 re: METROPOLITAN OIL CO., INC. for property located at 1086 Main Street, Assessor’s Plat 17, Lot 41 in West Warwick. 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.

October 23, 2017 – Water Pollution File No. 15-73 and 17-10 re: Cardi Corporation. The Rhode Island Department of Transportation (RIDOT) awarded a contract to Respondent to reconstruct the Apponaug Circulator in Warwick. On October 8, 2013, the RIDEM authorized the RIDOT to discharge storm water associated with the project to waters of the State. Respondent certified that it is responsible for complying with the permit. On February 20, 2015, the RIDEM issued a permit to the RIDOT and Respondent to discharge treated groundwater associated with the project to Hardig Brook. The OC&I alleges that Respondent violated the permits, the Water Pollution Act, the RIDEM’s Water Quality Regulations and the RIDEM’s Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

October 30, 2017 - Freshwater Wetland File No. 15-12 re: WIND ENERGY DEVELOPMENT HOLDINGS, LLC d/b/a Wind Energy Development, LLC for property located on West Log Bridge Road, approximately 2,130 feet southwest of the intersection of Kirvanta Road and Victory Highway (State Route 102), Assessor’s Plat 303, Lot 4 and Plat 304, Lots 2 and 3 in Coventry. The Town of Coventry owns West Log Bridge Road. Kevin A. Breene owns Lot 4 and Lot 2. Dianne Morton and Steven H. Morton own Lot 3. On August 2, 2016, the RIDEM issued a permit to Respondent and the property owners. The permit required restoration to wetlands on the property. The OC&I alleges that Respondent violated the permit, the Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

Formal Enforcement Actions Settled or Resolved:

October 3, 2017 - Oil Pollution Control File No. 05-01 and Underground Storage Tank File No. 2014-1-02296 re: Providence Petroleum, Inc. and Charles C. Potter for property located at 1304 Eddy Street, Assessor's Plat 87, Lot 1 in Providence. The property includes a gasoline service station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Charles C. Potter (Potter) owns the property. Providence Petroleum, Inc. operated the facility. On March 8, 2005, the OC&I issued an NOV to Respondents alleging that Respondents violated the Water Pollution Control Act and Oil Pollution Control Act and the RIDEM's Oil Pollution Control Regulations. The violations pertained to a release of approximately 200 gallons of No. 2 heating oil onto the ground and into a nearby storm water catch basin. The release occurred during the transfer of oil from one tanker truck to another. Respondents failed to report the release of oil immediately to the RIDEM and the Providence Fire Department and failed to submit a written report to the RIDEM regarding the release and cleanup of the oil. The release resulted in oil or pollutants entering a location where they were likely to enter waters of the State. The RIDEM supervised the oil clean up. In the NOV, a penalty of $10,000 was assessed against Respondents. Respondents did not file an appeal of the NOV with the AAD and did not comply with the NOV. On December 3, 2014, the OC&I issued an NOV to Potter alleging that Potter violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Potter filed an appeal of the NOV with the AAD. On October 3, 2017, the OC&I and Potter executed a consent agreement to resolve the NOVs. View the Agreement.

October 4, 2017 - Underground Storage Tank File No. 2016-55-00653 re: EDGWOOD SERVICES INC for property located at 873 Cranston Street, Assessor's Plat 7, Lot 121 in Cranston. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum products. On January 18, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Respondent filed an appeal of the NOV with the AAD. Respondent fully complied with the Order section of the NOV and paid a penalty of $2,000 to fully resolve the NOV.

October 11, 2017 - Freshwater Wetlands File No. C02-119 re: Marie A. Watson-Joyal for property located approximately 600 feet south of Walling Road and house number 124 Walling Road, Assessor's Plat 131, Lot 3 in Burrillville. Respondent owns the property. On August 24, 2007, the OC&I issued an NOV to Respondent alleging that Respondent violated the Freshwater Wetland Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violation pertained to clearing, filling (in the form of soil material, lumber, logs, and slash), grading, and creating soil disturbance within a Swamp and River and filling (in the form of slash and/or soil material), grading, and creating soil disturbance within a Stream and Riverbank Wetland. The violation resulted in the alteration of approximately 12,125 square feet of freshwater wetland. In the NOV, the OC&I ordered Respondent to restore all freshwater wetlands. The OC&I assessed an administrative penalty of $2,400. Respondent did not file an appeal of the NOV with the AAD. Respondent’s daughter restored the wetlands to comply with the Order section of the NOV. The OC&I waived the penalty to fully resolve the NOV.

October 12, 2017 - Solid Waste File No. 2014-35 re: P I T 75 Realty, LLC for a property located off New London Turnpike, Assessor's Plat 8, Lot 9 in Coventry. The property is a quarry. Respondent owns the property. On January 6, 2016, the OC&I issued an NOV to Respondent alleging that Respondent violated the Refuse Disposal Act and the RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities. View the NOV. Respondent filed an appeal of the NOV with the AAD. Respondent fully complied with the Order section of the NOV. The OC&I waived the penalty to fully resolve the NOV.

October 26, 2017 - Underground Storage Tank File No. 17-18 re: TA OPERATING LLC for property located at 849 Victory Highway in West Greenwich. Underground storage tanks are located on the property, which are used for the storage of petroleum products. Respondent owns the property. On September 1, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Oil Pollution Control Regulations. View the NOV. Respondent did not file an appeal of the NOV with the AAD. Respondent was unable to provide documents to the OC&I to demonstrate compliance with the Order section of the NOV. Respondent paid the full penalty in the NOV to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.