August 2019 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 August 2019. 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:

August 1, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-83 and OCI-OWTS-18-48 re: Renee Denise Picillo for a property located at 46 West Shore Drive, Assessor's Map 83, Block 6, Lot 30 in Exeter, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). OC&I alleges that Respondent violated the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

August 2, 2019 – Underground Storage Tank File No. OCI-UST-18-76-01414 re: Warwick Cove Marina, Inc. for property located at 22 Seminole Street, Assessor’s Plat 376, Lot 248 in the City of Warwick, Rhode Island. The property includes a marina and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). Respondent owns the property and operates the facility. OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

August 15, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-205 re: Nicholas Petrarca for property located at 129 Charlotte Drive, Assessor's Plat 201, Lot 113 in the City of Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 and the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

August 15, 2019 – Underground Storage Tank File No. OCI-UST-18-63-00553 re: JJMC REALTY LLC and J GEHA, CORP. for property located at 335 Providence Street, Assessor’s Plat 253, Lot 29 in the City of Warwick, 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). JJMC REALTY LLC owns the property. J GEHA, CORP. operates the facility. OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

August 27, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-13-94 re: Dadson Mobile Home Park for property located at 301 Bulgarmarsh Road, Assessor's Plat 410, Lot 125 in the Town of Tiverton, Rhode Island. The property includes a mobile home park that is served by multiple onsite wastewater treatment systems for the mobile homes. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

Formal Enforcement Actions Settled or Resolved:

August 1, 2019 – Freshwater Wetland File No. OCI-FW-16-46 X-Ref C00-0388 re: Kenneth R. Stillson for property located approximately 250 feet northeast of the southern terminus of Wilbur Avenue, to the rear (east and northeast) of house number 172, approximately 400 feet south/southeast of its intersection with Wells Avenue, Assessor’s Plat 327, Lot 280 and Lot 282 in the City of Warwick, Rhode Island. Nancy M. Pace and Justin Pace own Lot 280. Respondent owns Lot 282. On May 25, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). 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.

August 5, 2019 – Water Pollution File No. OCI-WP-17-13 X-ref RIPDES File No. RI0100005 re: Town of Bristol, Rhode Island. Respondent owns and operates a wastewater collection and treatment system (facility). On March 18, 2011, the RIDEM issued a permit to Respondent, which became effective on May 1, 2011. The permit authorizes Respondent to discharge treated wastewater from the facility to Bristol Harbor. The permit does not authorize Respondent to discharge wastewater from the facility to any other waters of the State. On March 30, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the permit, the Water Pollution Act and the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1), Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1) and Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities (250-RICR-150-10-4). 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.

August 5, 2019 – File No. OCI-UST-05-03973 re: Stratford House Associates Limited Partnership and Woloohojian Realty Corp. for property located at 675 Elmwood Avenue, Assessor's Plat 52, lot 473 in the City of Providence, Rhode Island. On July 29, 2005, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Water Pollution Act, Rhode Island’s Oil Pollution Act and the Rhode Island Code of Regulations titled Groundwater Quality Rules (250-RICR-150-05-3), Oil Pollution Control Regulations (250-RICR-140-25-2), Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (250-RICR-140-30-1) (Remediation Rules) and Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1) (UST Rules). The violations pertained to the release of hazardous materials/pollutants in the form of dry-cleaning solvent, fuel oil and gasoline from underground storage tanks (USTs or tanks) that were abandoned at the property onto the land and into the groundwater. On March 29, 2000, RIDEM issued a Letter of Responsibility (LOR) to Respondents after receiving reports concerning abutting and down-gradient properties that identified the presence of hazardous substances in groundwater on those properties. The LOR required Respondents to perform a site investigation and to bring the property into compliance with the Remediation Rules. On September 14, 2000, RIDEM received a site investigation report from Respondents that revealed the presence of at least 5 USTs on the property. The USTs were used for the storage of Varnolene and gasoline. Laboratory analysis of soil samples revealed total petroleum hydrocarbons (TPH) exceeding the Residential and Industrial Direct Exposure Criteria and the GB Leachability Criteria set forth in the Remediation Rules. Benzene above the GB Groundwater Objectives was also found. Additional information provided on August 2, 2001 showed benzene, tetrachloroethene, trichloroethane and 1,1- dichloroethene above the GB Groundwater Objectives set forth in the Remediation Rules. On October 10, 2001, RIDEM notified Respondents that any USTs on the property that were still in use must be registered and that any abandoned USTs on the property must be permanently closed in accordance with the UST Rules. Respondents submitted a Permanent Closure Application for USTs on October 25, 2001 but did not complete the closure of the USTs on the property. Respondents continued to advise RIDEM that they were in the process of obtaining bids to conduct all work on the property. On February 6, 2004, RIDEM issued a Letter of Noncompliance to Respondents requiring that they bring the property into compliance with the Remediation Rules no later than March 5, 2004. On the same date, RIDEM notified Respondents that they were required to achieve compliance with the UST Rules by permanently closing the USTs on the property and conducting any and all clean up requirements in accordance with the UST Rules. Respondents failed to comply with RIDEM's notices of February 6, 2004. In the NOV, OC&I ordered Respondents to comply with all requirements of the Remediation Rules and the UST Rules regarding the remediation and cleanup of the property and assessed an administrative penalty of $65,829. 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.

August 19, 2019 – On Site Wastewater Treatment System File No. OCI-OWTS-18-8 re: New England Holding Inc. for property located at 1400 Warwick Avenue, Assessor's Plat 307, Lot 369 in the City of Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. On August 17, 2018, OC&I issued a NOV alleging that Respondent violated the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). 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.

August 21, 2019 – Underground Storage Tank File No. 2016-20-00649 re: Greenwich Bay Enterprises, Inc. for property located at 252 Second Point Road, Assessor's Plat 359, Lot 258 in the City of Warwick, Rhode Island. The property includes a marina and a motor fuel storage and dispensing system 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 the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondent did not file an appeal of the NOV with AAD and fully complied with the NOV.

August 26, 2019 – Water Pollution File No. OCI-WP-18-135 X-ref RIR101491 and STW 16-195 re: Ridge Property, LLC for a property located at Dillon Lane, Assessor’s Plat 42, Lots 227, 228 and 229 in the Town of Smithfield, Rhode Island. On January 6, 2017, RIDEM issued a permit to Respondent to construct 9 residential buildings along with associated roadway and site improvements on the property. On June 4, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated the permit, Rhode Island’s Water Pollution Act, the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1) and the Rhode Island Code of Regulations titled Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a reduced penalty of $5,000 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.