July 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 July 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:

July 30, 2019 – Water Pollution File No. OCI-WP-18-139 re: SERITAGE SRC FINANCE LLC for a property located at 650 Bald Hill Road, Assessor’s Plat 264, Lot 1 in the City of Warwick, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated 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.

July 30, 2019 – Freshwater Wetland File No. OCI-FW-17-105 re: Stephen R. Archambault and David R. Dexter for property located approximately 280 feet southeast of Whipple Road, Utility Pole No. 26, approximately 1,700 feet south of the intersection of Whipple Road and Lantern Road, Assessor’s Plat 42, Lot 14A, Plat 42, Lot 23, Plat 42, Lot 36 and Plat 42, Lot 226, all in the Town of Smithfield, Rhode Island and Plat 44, Lot 10, Plat 44, Lot 217 and Plat 45, Lot 461, all in the Town of Lincoln, Rhode Island. Stephen R. Archambault and Marie Archambault own Plat 42, Lot 14A. The Mario Ciotola and Jenelita Ciotola Irrevocable Trust own Plat 42, Lot 23. David R. Dexter and Barbara M. Dexter own Plat 42, Lot 36. Stephen R. Archambault owns Plat 42, Lot 226 and Plat 44, Lot 10. Bruce Stoeckel and Valerie Stoeckel own Plat 44, Lot 217. Angellin LLC owns Plat 45, Lot 461. OC&I alleges that Respondents 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

Formal Enforcement Actions Settled or Resolved:

July 8, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-99 re: Scott S. DaSilveira for property located at 280 Market Street, Assessor's Plat 21, Lot 279 in the Town of Warren, Rhode Island. The property includes a two-story building that was served by a cesspool that was located within 200 feet of the inland edge of a shoreline bordering a tidal water. Respondent owns the property. On July 20, 2018, OC&I issued a NOV to Respondent 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, Respondent complied with the Order section of the NOV and paid a reduced penalty of $1,500 to fully resolve the NOV.

July 10, 2019 – Hazardous Waste File No. OCI-HW-16-83 and Superior Court File No. PC-2019-4836 re: Plaintiff, Ken Rocha Collision, LLC vs. Defendant, Janet L. Coit, Director, RIDEM for a facility located at 555 Cranston Street in the City of Providence, Rhode Island. The facility is an auto body repair business. Plaintiff operates the facility. On September 15, 2016, RIDEM issued a NOV to Plaintiff alleging that Plaintiff violated the Rhode Island Code of Regulations titled Rules and Regulations for the Management of Hazardous Waste (250-RICR-140-10-1) and Title 40 of the Code of Federal Regulations. View the NOV. Plaintiff filed an appeal of the NOV with AAD. On November 27, 2018, Plaintiff filed a Motion to Dismiss with AAD for lack of jurisdiction. On March 21, 2019, the AAD hearing officer denied the motion. Plaintiff filed a Motion for Declaratory Judgement with the Superior Court. On June 4, 2019, Associate Justice Brian Stern issued a written decision declaring that RIDEM lacked jurisdiction to adjudicate matters under the Rhode Island Hazardous Waste Management Act. On July 8, 2019, the matter came before the AAD hearing officer on Plaintiff’s Motion to Dismiss. The AAD hearing officer issued a Decision and Order dismissing the NOV for lack of jurisdiction based on Justice Stern’s written decision.

July 12, 2019 – OWTS File No. OCI-OWTS-17-47 re: Bradford Smith for property located at 183 Hartford Pike, Assessor's Plat 17, Lot 9 in the Town of Foster, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. On July 24, 2018, RIDEM issued a 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 did not file and appeal of the NOV with AAD and fully complied with the NOV.

July 22, 2019 – Solid Waste File No. OCI-SW-01-044 re: Harry F. and Marie D. Trombley for property located at 305 Franklin Road, Assessor's Plat 322, Lot 54.5 in the Town of Coventry, Rhode Island. Respondents owned the property. On June 15, 2001, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Refuse Disposal Act by accumulating or depositing approximately 400 cubic yards of solid waste on the property. The waste consisted of 55-gallon drums, unregistered vehicles, scrap metal, fuel tanks, tree and wood waste and other mixed solid waste. In the NOV Respondents were ordered to clean up and remove the solid waste. A penalty of $2,500 was assessed. Respondents filed an appeal of the NOV with AAD. On January 2, 2004, the AAD hearing officer issued a Final Order of Default for Respondents failure to appear at the hearings that was signed by RIDEM’s Acting Director. The property was acquired by Rhode Island Housing Authority (RIHA). RIHA cleaned up and removed the solid waste. The property was acquired by a new buyer, who paid the $2,500 penalty to fully resolve the NOV.

July 25, 2019 – Underground Storage Tank File No. OCI-UST-18-34-03413 re: Rhode Island Convention Center Authority for property located at 1 Sabin Street in the City of Providence, Rhode Island. The property includes a convention center and an emergency backup generator and did include an underground storage tank that was used for storage of petroleum product (facility). Respondent owns the property and operates the facility. On March 11, 2019, 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. Respondent complied with the Order section of the NOV and paid a reduced penalty of $1,420 to fully resolve the NOV.

July 30, 2019 – Underground Storage Tank File No. OCI-UST-17-26 re: Urban Arms Condominium Association for property located at 45 Urban Avenue and 53 Urban Avenue, Assessor’s Plat 2, Lot 274 in the Town of North Providence, Rhode Island. The property includes two 6-unit residential condominium buildings (facility). Respondent owns the property and operates the facility. On November 26, 2018, 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; however, Respondent provided documents to OC&I to demonstrate that Respondent corrected the violation prior to the issuance of the NOV. For this reason OC&I released the NOV and did not require payment of the penalty assessed in the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

July 30, 2019 – Onsite Wastewater Treatment System File No. 12-62 and CI 12-46 and Superior Court File No. PC-2015-4651 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Elizabeth A. Dibiasio for property located at 1260 Wallum Lake Road, Assessor’s Plat 119, Lot 11 in the Town of Burrillville, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On July 24, 2012, the OC&I issued a NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV. On October 23, 2015, RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint. On September 7, 2016, the parties reached an agreement that was entered by the Court to resolve the Order section of the NOV. Defendant agreed to submit an application to RIDEM within 30 days to repair the failed onsite wastewater treatment system (OWTS) at the property and install the OWTS within 120 days of RIDEM’s approval of the application. Defendant applied to repair the OWTS, which was approved by RIDEM; however, Defendant did not have the financial means to install the OWTS. The Town of Burrillville paid for the installation of the OWTS, and RIDEM issued a Certificate of Conformance allowing Defendant to use the OWTS. On July 30, 2019, by agreement of the parties, the Court signed an Order waiving the $1,000 penalty assessed in the NOV because of Defendant’s financial inability to pay.