April 2023 Enforcement Action Summary This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for April 2023. 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 firstname.lastname@example.org. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 2777307, 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: April 19, 2023 – Hazardous Waste File No. OCI-HW-19-98 re: REBUILDERS AUTOMOTIVE SUPPLY CO., INC. for a property located at 1650 Flat River Road in Coventry, Rhode Island. The property includes a facility used for the acquisition of used automobile parts for repair and re-sale. OC&I alleges that Respondent violated Rhode Island’s Hazardous Waste Management Act and Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV. Formal Enforcement Actions Settled or Resolved: April 13, 2023 – Water Pollution File Nos. OCI-WP-22-147 x-ref RIPDES RIR50N016 re: Jonathan C. Wales d/b/a Senesco Marine, LLC, Christian F. Reinauer d/b/a Senesco Marine, LLC and Craig Reinauer d/b/a Senesco Marine, LLC for a property located at 1390 Roger Williams Way in North Kingstown, Rhode Island. The property includes a fixed pier and dry dock and a ship building and repair facility. On August 1, 2019, Senesco Marine, LLC obtained a permit from RIDEM to discharge stormwater from the facility. On February 14, 2022, Rhode Island’s Secretary of State revoked the Certificate of Organization for Senesco Marine, LLC. Respondents were the last known managers of Senesco Marine, LLC. On November 3, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated the permit and Rhode Island's Water Pollution Act, Water Quality Regulations, and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement. April 28, 2023 – Air File No. OCI-AIR-18-35 X-ref Approval Nos. 2024, 2097 and 2098 re: J.H. Lynch & Sons, Inc. for a facility located at 50 Lynch Place in Cumberland, Rhode Island. On April 7, 2010, Respondent obtained a permit (numbers 2024, 2097 and 2098) from RIDEM to emit air pollutants from the facility. On November 26, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s regulations titled Air Pollution Control Permits (250-RICR-120-05-9). 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. The Consent Agreement requires Respondent to perform a Supplemental Environmental Project (SEP). View the SEP. Superior Court Actions Filed: None filed this month. Superior Court Actions Settled or Resolved: April 24, 2023 – Underground Storage Tanks File No. OCI-UST-2014-74-00544 and Superior Court File No. PC-2022-06438 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant Jitender Behl for a property located at 42 Dexter Street (also known as 75 Goff Avenue), Assessor's Plat 44, Lot 493 in Pawtucket, Rhode Island. The property includes a service station and underground storage tanks. Defendant owns the property. On January 5, 2016, OC&I issued a NOV to 75 Goff Avenue Realty Trust (GART) alleging that GART violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV GART filed an appeal of the NOV with AAD. An administrative hearing was held, and on January 26, 2017, AAD’s hearing officer issued a Decision and Order upholding the NOV and denying GART’s appeal. GART did not appeal the Decision and Order to Superior Court and did not comply with the Decision and Order. On November 9, 2022, RIDEM filed a complaint in Superior Court against GART and asked the Court to order GART to comply with the NOV. View the Complaint. On or about February 1, 2023, GART sold the property to Defendant. In conjunction with the sale of the property, GART paid $5,820 to RIDEM to resolve the penalty assessed in the NOV. On April 24, 2023, by agreement of RIDEM and Defendant and permission of the Court, a Consent Order was entered by the Court. View the Consent Order. April 25, 2023 – Underground Storage Tanks File No. 02-00544 and Superior Court File No. PM 2013-4671 re: Plaintiff Terrence Gray, Director, RIDEM vs. Defendant 75 Goff Avenue Realty Trust for property located at 42 Dexter Street (also known as 75 Goff Avenue), Assessor's Plat 44, Lot 493 in Pawtucket, Rhode Island. The property includes a service station and underground storage tanks. Defendant formerly owned the property. On October 17, 2002, RIDEM issued a NOV to Defendant and Sembel Enterprises, Inc., Yohannes Bein, and Simret Zemrht (collectively, Parties) alleging that the Parties violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (“UST Rules”). The violations pertained to precision testing requirements for underground storage tanks, annual testing of continuous monitoring equipment and line leak detectors, maintenance of testing records, monthly testing of continuous monitoring equipment, maintenance of daily written inventory and monthly reconciliation records and investigations of suspected petroleum releases. In the NOV, OC&I ordered the Parties to comply with the UST Rules and assessed a $16,030 penalty. The Parties failed to appeal the NOV with AAD and failed to comply with the NOV. On September 18, 2013, RIDEM filed a complaint in Superior Court against the Parties and asked the Court to order the Parties to comply with the Order section of the NOV and pay the penalty. On or about February 1, 2023, Defendant sold the property. In conjunction with the sale of the property, Defendant paid $11,792 to RIDEM to resolve the penalty assessed in the NOV against all the Parties. On April 25, 2023, by agreement of RIDEM and Defendant and permission of the Court, a Consent Order was entered by the Court whereby RIDEM agreed to seek enforcement of the Order section of the NOV with the new owner. View the Consent Order.