March 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 March 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:

March 1, 2019 – Underground Storage Tank File No. OCI-UST-18-24-00914 re: MADJOE LLC and Broad Street Gas LLC for property located at 939 (also identified as 957) Broad Street, Assessor’s Plat 2, Lot 21 in the City of Central Falls, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). MADJOE LLC owns the property. Broad Street Gas LLC operates the facility. The OC&I alleges that Respondents 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.

March 1, 2019 – Underground Storage Tank File No. OCI-UST-18-26-01064 re: BLUE HILLS FUELS, LLC and PMG NORTHEAST LLC for property located at 27 (also identified as 35) Plainfield Street, Assessor’s Plat 105, Lot 416 in the City of Providence, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). BLUE HILLS FUELS, LLC owns the property. PMG NORTHEAST LLC operates the facility. The OC&I alleges that Respondents 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.

March 6, 2019 – Underground Storage Tank File No. OCI-UST-18-27-02082 re: Maria Esquiaqui, Elizabeth Esquiaqui and Columbia Auto Service, Corp. for property located at 1156 (also identified as 1160) Westminster Street, Assessor’s Plat 32, Lot 529 in the City of Providence, Rhode Island. The property includes a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). Maria Esquiaqui and Elizabeth Esquiaqui own the property. Columbia Auto Service, Corp. operates the facility. The OC&I alleges that Respondents 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.

March 11, 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. The OC&I alleges 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.

March 11, 2019 – Hazardous Waste File No. OCI-HW-15-71 re: Erlin Guerrero and Albino Folcarelli dba Sayles Collision Center for a property located at 103 Sayles Street in the City of Providence, Rhode Island. The property includes a facility used for auto body repair services. Respondents own and operate the facility. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV.

March 14, 2019 – Underground Storage Tank File No. OCI-UST-17-64-00456 re: The Estate of Souhail Khoury for property located at 676 Putnam Pike, Assessor’s Plat 4, Lot 7 in the Town of Smithfield, Rhode Island. The property includes a former motor vehicle service station and a motor fuel storage and dispensing system and underground storage tanks that were used for storage of petroleum product (facility). Souhail Khoury is listed as the current owner of the property in the tax assessor’s database for the Town of Smithfield, Rhode Island. Upon information and belief, Mr. Khoury died in 2015. On or about June 4, 2015, Abdallah Khoury was appointed as Executor of the Estate of Souhail Khoury. The OC&I alleges 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.

March 18, 2019 – Solid Waste File No. OCI-SW-17-29 and Hazardous Waste File No. OCI-HW-17-9 re: The Estate of Michael F. Zampini and Thomas Zampini dba Zampini Auto Wrecking for a property located at 2 Mill Road, Assessor’s Plat 1B, Lot 19 in the Town of Richmond, Rhode Island. The Estate of Michael F. Zampini owns the property. Thomas Zampini dba Zampini Auto Wrecking operates an automobile wrecking and salvage business on the property, which is licensed by the Town of Richmond, Rhode Island. The OC&I alleges that Respondents violated Rhode Island’s Refuse Disposal Act, Rhode Island’s Oil Pollution Control Act, the Rhode Island Code of Regulations titled Oil Pollution Control Regulations (250-RICR-140-25-2) and the Rhode Island Code of Regulations titled Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV.

Formal Enforcement Actions Settled or Resolved:

March 11, 2019 – Dam File No. 565 (Ross Pond Dam) re: George E. Binns Living Trust for property located approximately 653 feet west of the intersection of Wallum Lake Road and Ross Road, approximately 15 feet south of Wallum Lake Road in the Town of Burrillville, Rhode Island. The property includes a dam and associated spillway. The dam is classified by the RIDEM as Significant Hazard. Respondent owns a portion of the dam. On November 5, 2013, the OC&I issued an NOV to Respondent alleging 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 filed an appeal of the NOV. On October 23, 2018, a hearing was held at the AAD on the appeal. On March 11, 2019, the AAD Hearing Officer issued a Decision and Order granting the appeal and dismissing the NOV. View the Decision and Order.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.