August 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 August 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 dem.filereview@dem.ri.gov. 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:

None issued this month.

Formal Enforcement Actions Settled or Resolved:

August 9, 2017 - OWTS File No. 14-114 re: Lisa M. Silvia for property located at 99 Hope Avenue, Assessor's Plat 2, Lot 57 in Scituate. The property includes a residential dwelling and is owned by Respondent. On November 28, 2014, 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 did not file an appeal of the NOV with the AAD. Respondent repaired the OWTS as ordered in the NOV and provided financial records to the DEM that showed she had no financial ability to pay any portion of the administrative penalty. The DEM agreed to waive the penalty, which resolved the NOV.

August 9, 2017 - Underground Storage Tank File No. 2016-49-00774 re: PMG NEW JERSEY II, LLC property located at 2148 Broad Street, Assessor's Plat 1, Lot 491 in Cranston. The property includes a motor fuel storage and dispensing system and a convenience store and underground storage tanks used for the storage of petroleum products. Respondent owns the property. On April 14, 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 did not file an appeal of the NOV with the AAD. Respondent complied with the Order section of the NOV and paid a reduced penalty of $1,625 to resolve the NOV.

August 30, 3017 – Leaking Underground Storage Tank File No. 00-3321 re: Robert G. Helger, Jane V. Helger and Petroleum Supply, Inc. d/b/a Bob’s Filling Station and Bob’s Fuel Supply for property located at 2388 Main Road, Assessor’s Map 1-9, Block 93, Parcel 3 in Tiverton. The property included a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum products (facility). Robert G. Helger and Jane V. Helger were the former owners of the property. Petroleum Supply, Inc. d/b/a Bob’s Filling Station and Bob’s Fuel Supply was the former operator of the facility. On November 16, 2000, the RIDEM issued an NOV to Robert G. Helger, Jane V. Helger and Petroleum Supply, Inc. d/b/a Bob’s Filling Station and Bob’s Fuel Supply alleging that Respondents violated the RIDEM’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The violations pertained to the failure to properly remediate the release of petroleum to the land from the facility. The NOV ordered Respondents to properly remediate the property. A penalty of $47,990 was assessed in the NOV. The NOV was recorded in the Tiverton land evidence records. Respondents failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. On May 25, 2016, Bridgeport Fields, LLC acquired the property. On August 30, 2017, the OC&I and Bridgeport Fields, LLC 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:

None issued this month.