June 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 June 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. 72402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 77307, 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 23, 2021 – Underground Storage Tank File No. OCI-UST-21-4-02987 re: Leon Petroleum, LLC and WEST SHORE SERVICE CENTER, INC. for property located at 688 Shore Road, Assessor’s Map 317, Lot 254 in Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system (facility). Leon Petroleum, LLC owns the property. WEST SHORE SERVICE CENTER, INC. operates the facility. OC&I alleges that Respondents violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

June 25, 2021 – Underground Storage Tank File No. OCI-UST-21-3-04883 re: Brian K. Wilkinson and Helen J. Wilkinson for property located at 1616 Warwick Avenue, Assessor’s Plat 319, Lot 46 in Warwick, Rhode Island. The property includes an automobile service facility. Respondents own the property. OC&I alleges that Respondents 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:

June 3, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-143 re: Stephen E. Holland and Loreen D. Holland for property located at 1115 Succotash Road, Assessor's Plat I/J, Lot 49 in Narragansett, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondents own the property. On January 2, 2020, OC&I issued a NOV to Respondents alleging that Respondents 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 (250-RICR-150-10-6). View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and paid a reduced penalty of $500 to fully resolve the NOV.

June 17, 2021 – Water Pollution File No. OCI-WP-20-50 re: Rhode Island Convention Center Authority, Manafort Brothers Incorporated and Lockwood Remediation Technologies, LLC. On July 17, 2018, RIDEM issued a permit to Respondents to discharge treated groundwater to Providence River associated with the construction of the Garrahy Parking Garage Project in Providence, Rhode Island. On May 24, 2021, OC&I issued a NOV to Respondents alleging that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Manafort Brothers Incorporated paid the full penalty assessed in the NOV to fully resolve the NOV.

June 17, 2021 – Air Pollution File No. 19-108 re: PCL FIXTURES, INC. for a facility located at 275 Ferris Avenue in East Providence, Rhode Island. Respondent operates the facility. The facility is a stationary source of air pollutants. On November 2, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s regulations titled Air Pollution Control Permits and Control of Volatile Organic Compounds from Adhesives and Sealants. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to fully resolve the NOV. View the Agreement.

June 22, 2021 – Underground Storage Tank File No. OCI-UST-19-37-00668 re: Eugene Gencarelli, Jr. and Ginger’s Service Station, Inc. for property located at 110 Oak Street, Assessor’s Plat 48, Lot 50 in Westerly, Rhode Island. The property includes a motor fuel filling station and underground storage tanks that are used for storage of petroleum product (facility). Eugene Gencarelli, Jr. owns the property. Ginger’s Service Station, Inc. operates the facility. On December 2, 2019, 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 (250-RICR-140-25-1). View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and paid a reduced penalty of $16,000 to fully resolve the NOV.

June 25, 2021 – 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 Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. On June 3, 2019, 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 (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 submitted documents to OC&I to support its request to waive the administrative penalty assessed in the NOV. OC&I reviewed the documents and agreed to waive the penalty.

Superior Court Actions Issued:

June 14, 2021 – On Site Wastewater Treatment System File No. OCI-OWTS-19-15 and Superior Court File No. PC-2021-03968 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant George Brennan for property located at 193 Simmonsville Avenue, Assessor's Plat 28, Lot 93 in Johnston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Defendant owns the property. On May 24, 2019, OC&I issued a NOV to Defendant alleging that Defendant violated the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV. On June 14, 2021, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV. View the Complaint.

Superior Court Actions Settled or Resolved:

June 9, 2021 – 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 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 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. Prior to a hearing in Superior Court, Defendants complied with the Order section of the NOV and submitted documents to OC&I to support their request to waive the administrative penalty assessed in the NOV. OC&I reviewed the documents and agreed to waive the penalty.