September 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 September 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:

None issued this month.

Formal Enforcement Actions Settled or Resolved:

September 3, 2020 – Underground Storage Tank File No. 2016-18-02967 re: Dyerville Realty, LLC for property located at 60 Dyerville Avenue, Assessor's Plat 13, Lot 181 in the Town of Johnston, Rhode Island. The property includes a motor fuel filling station and underground storage tanks used for the storage of petroleum products. On January 3, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV Respondent did not file an appeal of the NOV. Respondent complied with the NOV, including payment of the full penalty assessed in the NOV, to resolve the matter.

September 14, 2020 – Solid Waste File Nos. 15-42 and 15-68 re: Viola T. Manfredi for property located at 77 Dunns Corner Bradford Road, Assessor’s Plat 92, Lot 1 in the Town of Westerly, Rhode Island. Respondent formerly owned the property. On March 29, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Refuse Disposal Act, regulations titled Rules and Regulations for Hazardous Waste Management and regulations titled Oil Pollution Control Regulations. View the NOV Respondent filed an appeal of the NOV with AAD. On March 4, 2018, Respondent passed away. Prior to an administrative hearing on the NOV with Respondent’s estate, OC&I and the administrator of the estate executed a Consent Agreement to resolve the NOV. See the Agreement.

September 14, 2020 – Underground Storage Tank File No. OCI-UST-18-19-01866 re: Conanicut Marine Services, Inc. for property located on Conanicus Avenue in the Town of Jamestown, Rhode Island. The property includes a pier, a motor fuel dispensing system and underground storage tanks that are used for storage of petroleum product (facility). The Town of Jamestown (Town) owns the property. Respondent operates the facility. On February 26, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I, Respondent and the Town executed a Consent Agreement to resolve the NOV. See the Agreement.

September 23, 2020 – Underground Storage Tank File No. OCI-UST-18-26-01064 re: BLUE HILLS FUELS, LLC and PMG NORTHEAST LLC for property located at 27 (also identified as 35) Plainfield Street, Assessor’s Plat 105, Lot 416 in the City of Providence, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). BLUE HILLS FUELS, LLC owns the property. PMG NORTHEAST LLC operates the facility. On March 1, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV, but did not pay the administrative penalty assessed in the NOV. OC&I referred the collection of the penalty to the Department of Revenue’s Central Collection Unit, which negotiated a payment of $20,000. The penalty was paid, which resolved the matter.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

September 21, 2020 – Air Pollution File No. OCI-AIR-19-64 and Superior Court File No. PC-2020-5670 re: Plaintiffs Peter F. Neronah, Rhode Island Attorney General and Janet L. Coit, Director, RIDEM vs. Defendant SMM NEW ENGLAND CORPORATION d/b/a SIMS METAL MANAGEMENT for a property located at 15-17 Green Earth Avenue, Assessor’s Plat 31, Lot 72 in the Town of Johnston, Rhode Island. The property includes a facility that accepts delivery of, stores, prepares and/or maintains scrap metal for off-site shipment or sale and, using a metal shredder along with other stationary and mobile equipment, shreds end-of-life automobiles and end-of-life appliances, scrap metal, and other light gauge recyclable metal-bearing materials (facility). On August 9, 2019, RIDEM issued a Notice of Intent to Enforce to Defendant alleging that Defendant violated regulations titled Visible Emissions, regulations titled Fugitive Dust and regulations titled Emission of Air Contaminants Detrimental to Person or Property from operations at the facility. On that same day, the Rhode Island Office of the Attorney General (RIAG) filed a Notice of Intent to Sue to Defendant alleging violations of the above-mentioned regulations, regulations titled Air Pollution Control Permits and regulations titled Air Pollution Control Regulation No. 29-Operating Permits. Plaintiffs and Defendant engaged in numerous meetings and discussions to reach a settlement of the violations alleged by Plaintiffs. On August 12, 2020, Plaintiffs filed a complaint in Superior Court against Defendant. View the Complaint. Concurrent with the filing of the complaint, Plaintiffs filed a Consent Judgement signed by Plaintiffs and Defendant and asked the Court to sign the Consent Judgement. On September 21, 2020, the Consent Judgement was entered by the Court. View the Consent Judgement.