January 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 January 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:

January 3, 2017 - Underground Storage Tank File No. 2016-18-02967 re: Dyerville Realty, LLC for property located at 60 Dyerville Avenue, Assessor's Plat 13, Lot 181 in the town of Johnston. The property includes a motor fuel filling station and underground storage tanks used for the storage of petroleum products. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

January 3, 2017 - 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. The property includes a marina and a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum products. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

January 3, 2017 - Dams File Nos. State I.D. 426 (Peace Dale Pond Dam) and 13-58 re: Palisades Mill, LLC for a dam located approximately 260 feet north of the intersection of North Road and Kingstown Road, approximately 300 feet east of North Road, Assessor's Plat 49-4, Lot 141 in the town of South Kingstown. The dam is classified by the RIDEM as High Hazard. Respondent owns the dam. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

January 5, 2017 - OWTS File No. 12-163 re: The Estate of Joseph P. Notarianni for property located at 47 Cucumber Hill Road, Assessor's Plat 4, Lot 32 in the town of Foster. The property includes a residential dwelling and is owned by Respondent. The OC&I alleges that Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

January 11, 2017 - Hazardous Waste File No. 16-53 re: Stephen A. Cary d/b/a Cary Construction Company, Inc. for a property located at 7 Englewood Lane in the city of Warwick. The property includes a residence used for the operation of a construction company. The OC&I alleges that Respondent is in violation of Rhode Island's Oil Spill Pollution Prevention and Control Act and the RIDEM's Oil Pollution Control Regulations.

January 12, 2017 - Hazardous Waste File No. 15-81 re: Cote’s Auto Body, Inc. for a property located at 716 Saint Paul Street in the town of North Smithfield. The property includes a facility engaged in automobile body repair. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste.

January 13, 2017 - Underground Storage Tank File No. 2016-57-00850 re: Souad Tashian Trust Agreement 2004 for property located at 3333 South County Trail, Assessor's Plat 18, Lot 40 in the town of East Greenwich. The property includes a service station, a convenience store and a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum products. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

January 18, 2017 - Underground Storage Tank File No. 2016-55-00653 re: EDGWOOD SERVICES INC for property located at 873 Cranston Street, Assessor's Plat 7, Lot 121 in the city of Cranston. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum products. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

January 23, 2017 - OWTS File No. 16-15 re: Galliano D. DiCostanzo for property located at 145 Longmeadow Avenue 47 Cucumber Hill Road, Assessor's Plat 335, Lot 441 in the city of Warwick. The property includes a residential dwelling and is owned by Respondent. The OC&I alleges that Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

January 25, 2017 - Hazardous Waste File No. 16-2 re: ELECTROLIZING, INC. for a property located at 10-20 Houghton Street in the city of Providence. The property includes a facility used for the application of high performance chrome coatings on a variety of substrates and products. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste.

Formal Enforcement Actions Settled or Resolved:

January 5, 2017 - Water Pollution File No. WP 14-74 re: ANM REALTY, LLC and Allens Ave Metals, LLC for property located at 278 Allens Avenue, Assessor's Plat 47, Lot 146 in the city of Providence. The property included a facility engaged in scrap metal recycling. ANM REALTY, LLC owns the property, and Allens Ave Metals, LLC operated the facility. On September 16, 2015, the OC&I issued an NOV to Respondents alleging that Respondents violated 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. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/allenave915.pdf. ANM Realty, LLC filed an appeal of the NOV to the AAD. On January 5, 2017, the AAD issued a Final Order of Default dismissing the appeal because of Respondent’s failure to appear at the status conference hearing and for its failure to provide a response to a Conditional Order of Default issued on December 17, 2015.

January 6, 2017 - OWTS File No. 14-302 re: Martha C. Heald for property located at 26 Shore Drive, Assessor's Plat 17, Lot 155 in the town of Warren. The property includes a residential dwelling and is owned by Respondent. On June 12, 2015, 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. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/heald615.pdf. Respondent fully complied with the NOV and paid the full penalty assessed in the NOV.

October 20, 2017 - Hazardous Waste File No. OCI-HW-14-117 re: Michael D. Squillace, Jr. d/b/a Vanity Cleaners for a facility located at 1658 Cranston Street in the city of Cranston. The facility is used for the dry cleaning of clothing and is operated by the Respondent. On October 6, 2015, 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. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/vanity1015.pdf. Respondent filed an appeal of the NOV to the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order Section of the NOV and the OC&I and Respondent executed a Consent Agreement to resolve the NOV. Respondent agreed to pay an administrative penalty of $13,000 in consecutive monthly payments of $1,000.

January 26, 2017 - Underground Storage Tank File No. 2014-74-00544 re: 75 Goff Ave Realty Trust for a property located at 42 Dexter Street (a/k/a 75 Goff Avenue), Assessor's Plat 44, Lot 493 in the city of Pawtucket. The property includes a gasoline service station and underground storage tanks used for the storage of petroleum product. Respondent owns the property. On January 5, 2016, 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. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/goff1215.pdf. Respondent filed an appeal of the NOV with the AAD. On November 28, 2016, a hearing was held on the appeal. On January 26, 2017, the hearing officer issued a Decision and Order upholding the NOV and the administrative penalty assessed in the NOV. The link to the NOV is www.dem.ri.gov/programs/director/adminadj/pdfs/GoffAveRealtyTrust.pdf.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

January 24, 2017 - Underground Storage Tank File No. 2012-103-00578 and Superior Court File No. PC 2016-1842 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Reservoir Ventures II, LLC for property located at 1074 East Main Road, Assessor's Plat 58, Lot 3 in the town of Portsmouth. The property includes three underground storage tanks (USTs or tanks) used for the storage of petroleum products. 1074 East Main Road LLC owned the property. 1074 East Main Road LLC is listed as an inactive corporation in Rhode Island's Secretary of State's corporations database. Chaouki Sarkis was the principal of the corporation and its registered agent. On May 17, 2013, the OC&I issued an NOV to Mr. Sarkis d/b/a 1074 East Main Road LLC alleging that Mr. Sarkis violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/sarkis513.pdf. Mr. Sarkis did not file an appeal of the NOV and did not comply with the NOV. The NOV was recorded in the land evidence records of the town of Portsmouth. On December 16, 2013, Defendant acquired the property. Defendant failed to comply with the NOV. On April 25, 2016, the RIDEM filed a complaint in the Superior Court asking the Court to order Defendant to comply with the NOV. On January 24, 2017, by agreement of the parties, the Court entered an Order requiring Defendant to submit a plan to the RIDEM for the permanent closure of the USTs by January 27, 2017.