August 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 August 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:

August 5, 2020 – Underground Storage Tank File No. OCI-UST-19-7-01281 re: Rhode Island Department of Administration for a property located at 122 Wyatt Road, Assessor’s Plat 113, Lot 188 in the Town of Middletown, Rhode Island. The property includes a garage and a motor fuel storage and dispensing system (facility). The State of Rhode Island owns and operates the facility. Respondent is responsible for the maintenance and repair of the facility. OC&I alleges that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 5, 2020 – Underground Storage Tank File No. OCI-UST-18-72-1830 re: Rhode Island Department of Administration for a property located at 0 Main Street/301 South County Trail, Assessor’s Map 67, Block 4, Plat 113, Lot 1 in the Town of Exeter, Rhode Island. The property includes a garage and a motor fuel storage and dispensing system (facility). The State of Rhode Island owns and operates the facility. Respondent is responsible for the maintenance and repair of the facility. OC&I alleges that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 5, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-17-108 re: Rhode Island Department of Administration for a property located at 173 Sayles Hill Road, Assessor's Plat 17, Lot 193 in the Town of North Smithfield, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). The State of Rhode Island owns the property. Respondent is responsible for the maintenance and repair of the OWTS. OC&I alleges that Respondent violated regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

August 6, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-42 re: Allison Allfrey for a property located at 136 Congdon Avenue, Assessor's Plat 68, Lot 68 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by a cesspool. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 and regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

August 6, 2020 – Underground Storage Tank File No. OCI-UST-20-17-01793 re: DIMAS REALTY, LLC and BMC PETROLEUM INC II for a property located at 135 Putnam Pike, Assessor’s Plat 40, Lot 100 in the Town of Johnston, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). DIMAS REALTY, LLC owns the property. BMC PETROLEUM INC II operates the facility. OC&I alleges that Respondents violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 14, 2020 – Underground Storage Tank File No. OCI-UST-19-54-00921 re: KTY ENTERPRISES, INC. and Supreme Enterprises Inc for a property located at 944 Chalkstone Avenue (a/k/a 168 River Avenue), Assessor’s Plat 65, Lot 946 in the City of Providence, Rhode Island. The property includes a convenience store and underground storage tanks that are used for storage of petroleum products (facility). KTY ENTERPRISES, INC. owns the property. Supreme Enterprises, Inc. operates the facility. OC&I alleges that Respondents violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 14, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-19-28 re: Adam Sargent and Mary-Elizabeth Sargent for a property located at 85 West Shore Drive, Assessor's Plat 22, Lot 87 in the Town of Coventry, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). Respondents own the property. OC&I alleges that Respondents violated regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

August 24, 2020 – Water Pollution File No. OCI-WP-14-124 re: Carlo J. Izzo, Carlo J. Izzo, Jr. and Joanna Izzo for a property located at 2141 Plainfield Pike, Plat 32, Lot 7 in the Town of Johnston, The property is designated as a farm in accordance with DEM’s Farmland Designation Program. Respondents own the property. OC&I alleges that Respondents violated Rhode Island’s Water Pollution Act and Freshwater Wetlands Act, regulations titled Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, and regulations titled Water Quality Regulations. View the NOV.

August 24, 2020 – Underground Storage Tank File No. OCI-UST-20-32-LS1701 re: Bruce H. Elwell dba Earle’s Service Station, Inc. for a property located at 35 Meeting House Lane, Assessor’s Plat 20, Lot 14 in the Town of Little Compton, Rhode Island. The property includes a convenience store and formerly included a gasoline storage and dispensing system. Respondent owns the property. OC&I alleges that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 24, 2020 – Solid Waste File No. OCI-SW-19-72 re: City of Pawtucket for a property located at 240 Grotto Avenue, Assessor’s Plat 58, Lot 14 in the City of Pawtucket, Rhode Island. The property includes a solid waste transfer station (facility). Respondent owns the property. On September 7, 2016, RIDEM issued a license to Respondent to operate the facility. OC&I alleges that Respondent violated the license and regulations titled Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities and regulations titled Solid Waste Regulation No. 3 – Transfer Stations and Collection Stations. View the NOV.

August 24, 2020 – Underground Storage Tank File No. OCI-UST-19-52-00788 re: Khaliq Uzzaman, Sadia Uzzaman and OAKLAWN EXPRESS LLC for a property located at 908 Oaklawn Avenue, Assessor’s Plat 15, Lot 74 in the City of Cranston, Rhode Island. The property includes a motor vehicle service station and a motor fuel storage and dispensing system (facility). Khaliq Uzzaman and Sadia Uzzaman own the property. OAKLAWN EXPRESS, LLC operates the facility. OC&I alleges that Respondents violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 28, 2020 – Underground Storage Tank File No. OCI-UST-19-48-18812 re: 292 East School Street LLC for a property located at 292 East School Street, Assessor’s Plat 20B, Lot 61 in the City of Woonsocket, Rhode Island. The property includes an underground storage tank that formerly held heating oil. Respondent owns the property. OC&I alleges that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 28, 2020 – Underground Storage Tank File No. OCI-UST-19-49-00326 re: 308 East School Street LLC for a property located at 308 East School Street, Assessor’s Plat 20B, Lot 23 in the City of Woonsocket, Rhode Island. The property includes an underground storage tank that formerly held heating oil. Respondent owns the property. OC&I alleges that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

August 28, 2020 – Underground Storage Tank File No. OCI-UST-19-8-01063 re: PHILLIPPE REALTY LLC and C T GAS, INC for a property located at 503 Smithfield Road in the Town of North Smithfield, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). PHILLIPPE REALTY LLC owns the property. C T GAS, INC operates the facility. OC&I alleges that Respondent violated regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

Formal Enforcement Actions Settled or Resolved:

August 5, 2020 – Freshwater Wetland File No. C05-0235 re: Derek Keniston for property located approximately 50 feet west of North Woody Hill Road, 200 feet south of its intersection with Church Street, Utility Pole No. 2, Assessor's Plat 33, Lot 99 in the Town of Westerly, Rhode Island. On February 26, 2010, OC&I issued a NOV to Derek Keniston (Keniston) alleging that Keniston violated Rhode Island's Freshwater Wetlands Act and regulations titled Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to clearing, filling (in the form of at least sand, gravel, and boulders), grading, and creating soil disturbance within a Forested Wetland. This activity resulted in the unauthorized alteration of about 3,400 square feet of freshwater wetland. In the NOV, OC&I ordered Keniston to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. OC&I assessed an administrative penalty of $2,000. Keniston did not file an appeal of the NOV and did not comply with the NOV. On December 20, 2019, the property was acquired by Leo DeRoy (DeRoy). DeRoy restored the freshwater wetlands in accordance with the Order section of the NOV. On August 5, 2020, OC&I and DeRoy executed a Consent Agreement to resolve the NOV. See the Agreement.

August 20, 2020 – Underground Storage Tank File No. 2018-38-03190 re: GALILEE FUEL SERVICES, INC. for property located on Great Island Road in Narragansett, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). Respondent owns the tanks and operates the facility. On June 7, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products 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 and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

August 24, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-212 re: Walter E. Reynolds, III and Eileen M. Reynolds for property located at 48 Harbor Drive, Assessor's Plat 141, Lot 8 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents owns the property. On June 3, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Cesspool Act of 2007 and regulations Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondents filed an appeal of the NOV. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and paid a reduced penalty of $2,000 to fully resolve the NOV.

August 24, 2020 – Underground Storage Tank File No. OCI-UST-20-18-01948 re: Myron P. Shevell for a property located at 400 Division Street, Assessor’s Plat 25, Lot 337 in the City of Pawtucket, Rhode Island. The property includes a motor fuel storage and dispensing system, a garage, a warehouse and a motor vehicle service station. The City of Pawtucket online database listed that Respondent owned the property. On July 16, 2020, 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 complied with the Order section of the NOV and provided documents to OC&I to show that the property was transferred to an LLC prior to issuance of the NOV. For these reasons, OC&I rescinded the NOV.

Superior Court Actions Issued:

August 12, 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. View the Consent Judgement.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.