January 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 January 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:

January 2, 2018 – Underground Storage Tank File No. 2017-60-01263 re: Imad E. Melhem and GNI West Warwick, Inc. for property located at 929 Providence Street, Assessor’s Plat 39, Lot 213 in the Town of West Warwick, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station (facility). Imad E. Melhem owns the property. GNI West Warwick, Inc. 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.

January 3, 2018 – Water Pollution File Nos. 15-83 X-ref RIPDES RI0100013 re: Veolia Water North America Operating Services, LLC and City of Cranston, Rhode Island. The City of Cranston (Cranston) owns a wastewater collection and treatment system (facility). Veolia Water North America Operating Services, LLC operates the facility on behalf of Cranston. On September 30, 2008, the RIDEM issued a permit to Cranston, which became effective on December 1, 2008. The permit authorizes Cranston to discharge treated wastewater from the facility to Pawtuxet River. The permit does not authorize Cranston to discharge wastewater from the facility to any other waters of the State. The OC&I alleges that Respondents violated the permit, the Water Pollution Act, the RIDEM’s Water Quality Regulations, the RIDEM’s Regulations for the Rhode Island Pollutant Discharge Elimination System and the RIDEM’s Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities. View the NOV.

January 3, 2018 – Water Pollution File No. 17-92 re: City of Woonsocket, Rhode Island. The City of Woonsocket (Woonsocket) owns a wastewater collection and treatment system (facility). On December 19, 2003, the RIDEM issued a general permit to discharge stormwater associated with industrial activity to the waters of the State. On March 18, 2004, Woonsocket applied to obtain coverage under the permit. The application did not include the facility. The OC&I alleges that Respondent violated the Water Pollution Act and the RIDEM’s Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

January 26, 2018 – Freshwater Wetland File Nos. 17-160 and 15-0156 re: Kennedy Bui and Vrania Coelho for property located approximately 270 feet west of Bearskin Farm Road, approximately 830 feet north of the intersection of Bearskin Farm Road and Mattity Road, Assessor's Plat 10, Lot 98A and Assessor’s Plat 10, Lot 156 in the Town of North Smithfield, Rhode Island. Respondents own Lot 98. Glen J. Hebert and Joanne E. Hebert own Lot 156. On December 16, 2016, the RIDEM issued a permit to Respondents to alter freshwater wetlands on Lot 156 associated with the construction of a driveway to their house. The OC&I alleges that Respondents 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.

January 26, 2018 – Underground Storage Tank File No. 2017-46-19121 re: SCORPIO REALTY, LLC and Scorpio Towing & Recovery, Inc. for property located at 3 Tag Drive, Assessor’s Plat 10, Lot 622 in the Town of North Providence, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station (facility). SCORPIO REALTY, LLC owns the property. Scorpio Towing & Recovery, Inc. 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.

Formal Enforcement Actions Settled or Resolved:

January 23, 2018 – OWTS File No. 14-185 re: Robert J. Sauriol, Jr. for property located at 22 Capeway Road, Assessor's Plat 346, Lot 348 in the City of Warwick, Rhode Island. The property includes a residential dwelling and was owned by Respondent at the time of the issuance of the NOV. On January 2, 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. View the NOV. Respondent failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. The property was foreclosed by JP Morgan Chase Bank, and the bank fully complied with the NOV.

January 23, 2018 – OWTS File Nos. 12-119 and CI 12-91 re: Gloria Jean Gardiner for property located at 81 North Road, Assessor's Plat 49-1, Lot 87 in the Town of South Kingstown, Rhode Island. The property includes a residential dwelling and was owned by Respondent at the time of the issuance of the NOV. On February 28, 2013, 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 failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. The property was acquired by FAH Investments, LLC. The company razed the dwelling and paid the penalty to fully comply with the NOV.

Superior Court Actions Issued:

January 8, 2018 – Underground Storage Tank File No. 2013-180-03479 and Superior Court File No. PC 2018-0092 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendants Robert Picciotti d/b/a Seville Associates and Seville Associates for property located at 229 First Avenue, Assessor's Map 6A, Lot 118, Unit 8 in the City of Woonsocket, Rhode Island. The property includes a former mill building and underground storage tank (UST or tank) used for the storage of petroleum products. Seville Associates owns the property. Seville Associates was originally formed as a Rhode Island General Partnership. Robert Picciotti is the only surviving partner of the partnership. On September 29, 2014, the OC&I issued an NOV to Defendants alleging that Defendants violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Defendants failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. On January 8, 2018, the RIDEM filed a complaint in Superior Court asking the Court to order Defendants to fully comply with the NOV. View the Complaint.

January 8, 2018 – Underground Storage Tank File No. 2014-24-00535 and Superior Court File No. PC2018-0090 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Ahmed Choudhry for property located at 5300 Post Road in the Town of Charlestown, Rhode Island. The property includes a former gasoline service station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). ASAD ALI, LLC owns the property. On January 17, 2014 the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for ASAD ALI, LLC. Defendant is the last known president of the corporation. On June 24, 2014, the OC&I issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Defendant filed an appeal of the NOV with the AAD. On May 29, 2015, the OC&I and Defendant executed a consent agreement to resolve the NOV. View the Agreement. Defendant failed to comply with the agreement. On January 8, 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.