January 2021 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 January 2021. 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:

January 11, 2021 – Water Pollution File No. OCI-WP-19-12 re: C. Geoffery Matteson and David Petrucci dba Petrucci Construction for property located at 175 Greenbush Road, Assessor’s Plat 12, Lot 20 and 179 Greenbush Road, Assessor’s Plat 12, Lot 234 in West Warwick, Rhode Island. Matteson Ridge LP owns Lot 20. Ronald E. Salvas and Rena Salvas own Lot 234. On July 25, 2017, RIDEM issued a permit to C. Geoffery Matteson to construct 32 residential condominium units, roadways, utilities and stormwater treatment structures on Lot 20. David Petrucci dba Petrucci Construction was contracted to construct the project. OC&I alleges that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act and that the alleged violations adversely affected freshwater wetlands located on Lot 234. View the NOV.

January 25, 2021 – Freshwater Wetland File Nos. C09-0079 and OCI-FW-17-164 re: 4 N PROPERTIES, LLC for property located approximately 500 feet east of the northeastern intersection of Industrial Lane and Clyde Street, Plat 18, Lot 265 and approximately 750 feet southeast of the same intersection of Industrial Lane and Clyde Street, Plat 18, Lot 261 and Lot 270 in West Warwick, Rhode Island. Respondent owns Lot 265 and Lot 270. Franmar Properties of Rhode Island, LLC (FPRI) owns Lot 261. FPRI acquired Lot 261 on February 21, 2017. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act and that the violations adversely affected freshwater wetlands on Lot 261, Lot 265 and Lot 270.View the NOV.

January 25, 2021 – Underground Storage Tank File Nos. OCI-UST-20-13 and OCI-UST-20-25 re: MADJOE LLC for property located at 939 (a/k/a 957) Broad Street, Assessor’s Plat 2, Lot 21 in Central Falls, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system. Respondent owns the property. OC&I alleges that Respondent violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

January 27, 2021 – Underground Storage Tank File No. OCI-UST-20-54-00444 re: GEORGE’S ADVANCED AUTO CARE L.L.C. for property located at 577 Smithfield Avenue, Assessor’s Plat 47, Lot 691 in Pawtucket, Rhode Island. The property includes a service station and underground storage tanks used to store petroleum (facility). Respondent owns the property and operates the facility. OC&I alleges that Respondent violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

Formal Enforcement Actions Settled or Resolved:

January 14, 2021 – Dam File Nos. State I.D. 401 (Lake Washington Dam) and OCI-DAMS-16-23 re: LAKE WASHINGTON ASSOCIATION for a dam located approximately 2,000 feet south of the intersection of Route 44 (Putnam Pike) and Lake Washington Drive, approximately 50 feet east of Lake Washington Drive in Glocester, Rhode Island. The dam is classified by RIDEM as High Hazard. Respondent owns the dam. On June 15, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated the Rules and Regulations for Dam Safety. View the NOV. Respondent did not file an appeal of the NOV with AAD. Respondent fully complied with the Order section of the NOV to resolve the matter.

January 14, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-227 re: Barry L. Sharaf for property located at 56 Waterway Road, Assessor's Plat 1, Lot 137 in North Kingstown, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondent owns the property. On January 15, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Cesspool Act of 2007 and the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent fully complied with the Order section of the NOV and paid a reduced penalty of $3,000 to fully resolve the NOV.

January 22, 2021 – Underground Storage Tank File No. OCI-UST-20-6-00386 re: 50 BLAKE LLC and WARREN MOBIL MART, INC. for a property located at 100 Main Street, Assessor’s Plat 1, Lot 9 in Warren, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station (facility). 50 BLAKE LLC owns the property. WARREN MOBIL MART, INC. operates the facility. On July 16, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated the Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV. Respondents did not file an appeal of the NOV. Respondents paid the full penalty assessed in the NOV; however, Respondents did not comply with the Order section of the NOV requiring submission of Compliance Certification Forms to RIDEM. The NOV was not recorded in the land evidence records. Given the nature of the noncompliance, OC&I decided that enforcement of the NOV in Superior Court was not appropriate and closed its file.

January 22, 2021 – Hazardous Waste File No. 06 – 063 re: Herman S. Cabral d/b/a Universal Auto Body for property located at 216 Swan Street, Assessor's Map-Block-Lot 90032228 in Providence, Rhode Island. On March 12, 2007, OC&I issued a NOV to Respondent alleging that Respondent violated the Rules and Regulations for Hazardous Waste Management and the Code of Federal Regulations and the Oil Pollution Control Regulations at the property. The hazardous waste violations pertained to the failure to: notify the Environmental Protection Agency of Respondent's regulated hazardous waste activity; characterize waste as hazardous or not; label all satellite containers of hazardous waste; mark each container of hazardous waste with the date that hazardous waste started to accumulate; provide secondary containment for containers holding liquid hazardous waste; keep containers of hazardous waste closed except when adding or removing waste; maintain an adequate supply of spill control equipment; inspect containers of hazardous waste on a weekly basis to determine if there are corrosion or leaks; submit a list of the names of individuals authorized to sign hazardous waste manifests; maintain a contingency plan to address emergencies; develop a hazardous waste training program for employees, and storing hazardous waste in excess of 90 days without a permit. The oil pollution violations pertained to the release of oil to the ground and the failure to clean up the release and report the release to RIDEM. Respondent commenced removal and cleanup of the oil in response to OC&I's investigation. In the NOV, OC&I ordered Respondent to correct the hazardous waste violations. A penalty of $30,961 was assessed in the NOV. Respondent did not file an appeal of the NOV with AAD. On August 6, 2007, OC&I inspected the property and determined that the hazardous waste violations were corrected; however, the release was not fully remediated. The penalty was not paid. OC&I pursued efforts through a collection agency and through settlement discussions to resolve the NOV, but these efforts were unsuccessful. The NOV was not recorded in the land evidence records. Given the nature of the noncompliance, OC&I decided that enforcement of the NOV in Superior Court was not appropriate and closed its file.

January 26, 2021 – Underground Storage Tank File No. 2014-124-00307 re: ETEMAN, LLC for property located at 2360 Kingstown Road, Assessor's Plat 32-1, Lot 26 in South Kingstown, Rhode Island. The property includes a convenience store and a motor fuel filling station and underground storage tanks used for the storage of petroleum products (facility). Respondent owns the property and operates the facility. On March 24, 2015, OC&I issued a NOV to Respondent alleging that Respondent violated the 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 AAD. Respondent complied with the Order section of the NOV, but did not pay the administrative penalty assessed in the NOV. OC&I referred collection of the penalty to the Department of Revenue (DOR), and Respondent paid a reduced penalty of $4,000 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

January 14, 2021 – Underground Storage Tank File No. 04-03124 and Superior Court File No. C.A. No. PC04-4802 re: Janet L. Coit, Director, RIDEM vs. Defendant John J. Iannotti, d/b/a Smithfield Service Station. The property is located at 161 Farnum Pike, Assessor's Plat 51, Lot 123 in Smithfield, Rhode Island. A gasoline service station was present on the property with a UST registration number of 03065. On or about March 12, 1996, RIDEM issued a NOV to Defendant alleging that Defendant violated the Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (UST Regulations). The violations pertained to the failure to perform and submit verification of precision tests for 3 underground storage tanks for the years 1990, 1993, and 1995 and for 1 underground storage tank from 1986 through 1995 and the failure to install and submit written verification of the installation of overfill protection for the tanks. In the NOV, RIDEM revoked the facility's certificate of registration and ordered Defendant to close all the tanks in accordance with the UST Regulations or achieve full compliance with the UST Regulations and pay all past due registration fees. A penalty of $44,235 was assessed in the NOV. Defendant failed to file an appeal of the NOV with the AAD. On January 6, 1999, all the tanks were removed and permanently closed. A release of petroleum product was detected during the removal of the tanks. A Closure Assessment Report prepared on behalf of Defendant revealed the following: 1 tank had three ¼ inch holes in the bottom; extensive visual and olfactory evidence of a release was present from beneath the tanks; field screening of soil samples showed elevated levels of volatile organic compounds; laboratory analysis of soil samples from within the excavations showed methyl tertiary-butyl ether concentrations above acceptable GA Soil Leachability Criteria; concentrations of total petroleum hydrocarbons above the GA Soil Leachability Criteria; and evidence of contamination of groundwater in the vicinity of the tank closure. The report recommended that a Site Investigation Report (SIR) be completed to delineate the extent of the release. On January 14, 2000, RIDEM required Defendant to conduct a SIR. Defendant failed to comply. On September 2, 2004, RIDEM filed a complaint in the Superior Court asking the Court to order Defendant to retain a qualified environmental consultant to prepare a SIR and a Corrective Action Plan and pay to RIDEM the administrative penalty of $44,235 along with all past due registration fees. Defendant properly remediated the property. On May 21, 2012, RIDEM issued a letter to Defendant stating that no further action was required. On November 15, 2012, Defendant died. On January 14, 2021, RIDEM and Defendant’s Estate reached an agreement that was entered as an Order by the Court to resolve the administrative penalty assessed in the NOV. Defendant’s Estate agreed to pay $30,000 within 60 days as full settlement of the administrative penalty. The penalty was paid, which fully resolved the matter