April 2018 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 April 2018. 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:

April 11, 2018 – Water Pollution File Nos. 17-4, RIPDES RIR101411 and WQC 16-079 re: Town of Barrington, Rhode Island and J.H. Lynch & Sons, Inc. The Town of Barrington, Rhode Island (Barrington) owns property located on Upland Way that has an inactive municipal landfill. On or about July 25, 2016, Barrington signed a contract with J.H. Lynch & Sons, Inc. to close the landfill. On September 7, 2016 the DEM issued a permit to Barrington to close the landfill. The permit authorized Barrington to install and maintain controls to minimize the discharge of pollutants from the property. The OC&I alleges that Respondents violated the permit, Rhode Island’s 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.

April 11, 2018 – Underground Storage Tank File No. 2015-22-3528 re: 1836 REALTY CORP for property located at 1836 Warwick Avenue, Assessor’s Plat 329, Lot 404, 1850 Warwick Avenue, Assessor’s Plat 329, Lot 401 and a lot located on Rosemere Avenue that abuts Lots 404 and 401, Assessor’s Plat 329, Lot 408, all in the City of Warwick, Rhode Island. Lot 404 includes a motor fuel storage and dispensing system and underground storage tanks used for storage of petroleum products. Respondent owns Lots 404, 401 and 408. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and the RIDEM’s Oil Pollution Control Regulations. View the NOV.

April 30, 2018 – Underground Storage Tank File No. 2018-3-00879 re: Fuel Depot, Inc. and Abed M. Sahyouni for property located at 644 Putnam Pike, Assessor’s Plat 3, Lot 8 in the Town of Smithfield, Rhode Island. The property includes a motor fuel storage and dispensing system and underground storage tanks used for storage of petroleum products. Fuel Depot, Inc. owns the property. Abed M. Sahyouni operates the facility. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

April 30, 2018 – Freshwater Wetland File No. 15-62 re: Edward M. Carapezza for property located approximately 400 feet and 1,250 feet north of Woodville Road, at 336 Woodville Road and approximately 1,400 feet and 1,900 feet northwest of the intersection of Woodville Road and Tomaquag Road, Assessor's Plat 8, Lot 36 in the Town of Hopkinton, Rhode Island. Respondent owns the property. The OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

April 30, 2018 – Site Remediation File No. 16-8 re: APENTERPRISE, LLC for property located on Walnut Street, Russell Avenue, Highland Avenue and Park Avenue, Assessor’s Plat 20, Lots 1, 2 and 13 and Plat 25, Lot 2 in the Town of Portsmouth, Rhode Island. The property is a former solid waste landfill. Respondent owns the property. The OC&I alleges that Respondent is in violation of the RIDEM’s Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. View the NOV.

Formal Enforcement Actions Settled or Resolved:

April 16, 2018 – Hazardous Waste File No. OCI-HW-14-42, 14-46 and 14-49 re: The Stop & Shop Supermarket Company, LLC for pharmacies located at 11 Commerce Way in the Town of Johnston, Rhode Island, 300 Quaker Lane in the City of Warwick, Rhode Island and 91 Point Judith Road in the Town of Narragansett, Rhode Island. Respondent was registered with the RIDEM as of September 2014 and February 2015 as a conditionally exempt small quantity hazardous waste generator at each of the pharmacies. On June 9, 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 at each of the pharmacies. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a penalty of $23,125 to fully resolve the NOV.

April 27, 2018 – 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. On November 28, 2017, the OC&I issued an NOV to Respondent alleging 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. Respondent filed an appeal of the NOV with the AAD Prior to an administrative hearing on the NOV, the OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Issued:

April 20, 2018 – OWTS File No. 15-101 and Superior Court File No. PC-2018-2690 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Michael J. Colonair for property located at 182-184 Union Avenue, Assessor's Plat 141, Lot 135 in the Town of Burrillville, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On November 30, 2015, the OC&I issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant did not file an appeal with the AAD and did not comply with the NOV. On April 20, 2018, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint.

April 20, 2018 – OWTS File No. 16-76 and Superior Court File No. PC-2018-2698 re: Plaintiff, Janet L. Coit, Director, RIDEM vs, Defendant Brian Giblin for property located at 23 Bailey Pond Road, Assessor's Plat 41, Lot 13 in the Town of West Greenwich, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On February 17, 2017, the OC&I issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant did not file an appeal with the AAD and did not comply with the NOV. On April 20, 2018, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.