June 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 June 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:

June 3, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-100 re: EDWIN T. DAVIS TRUST for property located at 14 Winnapaug Road, Assessor's Plat 165, Lot 219 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 and 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.

June 3, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-41 re: Robert J. Carley for property located at 11 Setian Circle, Assessor's Plat 47, Lot 86 in the Town of Johnston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. OC&I alleges 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.

June 3, 2019 – 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. OC&I alleges that Respondents violated the Rhode Island Cesspool Act of 2007 and 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.

June 3, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-288 re: Joseph Simonelli for property located at 115 Atlantic Avenue, Assessor's Plat 176, Lot 24 in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 and 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.

June 4, 2019 – Solid Waste File No. OCI-SW-13-68 re: Kenneth D. Demers for a property located at 4 and 8 Chapel Lane, Assessor’s Plat 3, Lots 89 and 179 in the Town of Lincoln, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act. View the NOV.

June 4, 2019 – Water Pollution File No. OCI-WP-18-135 X-ref RIR101491 and STW 16-195 re: Ridge Property, LLC for a property located at Dillon Lane, Assessor’s Plat 42, Lots 227, 228 and 229 in the Town of Smithfield, Rhode Island. On January 6, 2017, RIDEM issued a permit to Respondent to construct 9 residential buildings along with associated roadway and site improvements on the property. OC&I alleges that Respondent violated the permit, 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.

Formal Enforcement Actions Settled or Resolved:

June 26, 2019 – Dam File No. 621 (Holley Lane Dam) re: H.S. Realty Corporation for a dam located approximately 290 feet east of the intersection of Mendon Road and Holley Lane, approximately 50 feet north of Holley Lane, in the City of Woonsocket, Rhode Island. The dam is classified by RIDEM as High Hazard. Respondent owns the dam. On April 22, 2016, OC&I issued a NOV to Respondent alleging that the dam was unsafe and that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Respondent did not file an appeal of the NOV with AAD and fully complied with the NOV.

June 10, 2019 – 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 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. On January 26, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Respondents did not file an appeal of the NOV. Respondents complied with the Order section of the NOV and provided documents to OC&I to support a recalculation of the administrative penalty assessed in the NOV to $6,181, which was paid by Respondents.

Superior Court Actions Issued:

June 17, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-17-69 and Superior Court File No. PC19-6616 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendants Oscar A. Caicedo and Elizabeth D. Luna for property located at 787 Sandy Lane, Assessor's Plat 341, Lot 8 in the City of Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Defendants own the property. On July 24, 2018, OC&I issued a NOV to Defendants alleging that Defendants 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. Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On June 17, 2019, RIDEM filed a complaint in Superior Court asking the Court to order Defendants to comply with the NOV. View the Complaint.

June 17, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-17-20 and Superior Court File No. PC19-6617 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendants Robert E. Hohlmaier and Valerie J. Hohlmaier for property located at 14 Hopkins Avenue, Assessor's Plat 57, Lot 69 in the Town of Johnston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Defendants own the property. On July 31, 2018, OC&I issued a NOV to Defendants alleging that Defendants 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. Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On June 17, 2019, RIDEM filed a complaint in Superior Court asking the Court to order Defendants to comply with the NOV. View the Complaint.

June 17, 2019 – Onsite Wastewater Treatment System File No. OCI-OWTS-17-53 and Superior Court File No. PC19-6618 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant James P. Tiernan for property located at 20 West Allenton Road, Assessor's Plat 73, Lot 32 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence and is owned by Defendant. On February 26, 2018, OC&I issued a NOV to Defendant alleging that Defendant 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. Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On June 17, 2019, RIDEM filed a complaint in Superior Court asking the Court to order Defendants to comply with the NOV. View the Complaint.

Superior Court Actions Settled or Resolved:

June 1, 2019 – 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, Rhode Island. The property includes 3 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, OC&I issued a NOV to Mr. Sarkis d/b/a 1074 East Main Road LLC alleging that Mr. Sarkis violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (250-RICR-140-25-1). View the NOV. 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, Rhode Island. On December 16, 2013, Defendant acquired the property, but did not comply with the NOV. On April 25, 2016, RIDEM filed a complaint in Superior Court and asked the Court to order Defendant to comply with the NOV. View the Complaint. On June 1, 2019, prior to a hearing on the complaint, RIDEM and Plaintiff reached an agreement that was entered as a Court Order. The Order requires Plaintiff to complete a site investigation and corrective action plan for the property by October 31, 2019 and perform any remedial activities under schedules to be approved by RIDEM. The Order further required Defendant to pay a penalty of $7,500, with $3,500 to be paid upon entry of the Order. The remaining balance of $4,000 will be waived if Defendant complies with the Order, otherwise, the $4,000 is due within 30 days of completion of the work. RIDEM received the check for $3,500.