March 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 March 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:

None issued this month.

Formal Enforcement Actions Settled or Resolved:

March 5, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-274 re: David N. Laudati Revocable Living Trust for property located at 47 Sunset Shore Drive, Assessor's Plat R-1, Lot 176 in Narragansett, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondent owns the property. On December 10, 2019, OC&I issued a NOV alleging that Respondent violated the Rhode Island Cesspool Act of 2007 and Rhode Island’s 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 $1,200 to fully resolve the NOV.

May 12, 2021 – Underground Storage Tank File No. OCI-UST-20-24-18926 re: XPO LAND HOLDINGS, LLC and XPO Logistics Freight, Inc. for a property located at 15 Southern Industrial Drive, Assessor’s Plat 36/3, Lot 126 in Cranston, Rhode Island. The property includes a motor fuel storage and dispensing system and a warehouse/office building (facility). XPO LAND HOLDINGS, LLC owns the property. XPO Logistics Freight, Inc. operates the facility. On July 16, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV, but did not pay the penalty assessed in the NOV. OC&I referred the collection of the penalty to the Department of Revenue, and the penalty was paid in full.

March 18, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-83 and OCI-OWTS-18-48 re: Renee Denise Picillo for a property located at 46 West Shore Drive, Assessor's Map 83, Block 6, Lot 30 in Exeter, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). On August 1, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated 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 complied with the order section of the NOV and paid a reduced penalty of $500 to fully resolve the NOV.

May 19, 2021 – Underground Storage Tank File No. 2018-29-00454 re: 732 WILLETT AVE LLC and Royal Fuel, Inc. for property located at 732 Willett Avenue, Assessor’s Map 512, Block 20, Parcel 6 in East Providence, Rhode Island. The property includes an automobile service and motor fuel filling station and underground storage tanks used for storage of petroleum products (facility). 732 WILLETT AVE LLC owns the property. Royal Fuel, Inc. operates the facility. On May 8, 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 and Rhode Island’s Oil Pollution Control Regulations. View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV, but did not pay the penalty assessed in the NOV. OC&I referred the collection of the penalty to the Department of Revenue, and the penalty was paid in full.

March 25, 2021 – Underground Storage Tank File No. 2011-EGAN re: James Egan for property located at 150-152 Waterman Avenue, Assessor's Map 205, Block 16, Parcel 3 in East Providence, Rhode Island. Respondent formerly owned the property. On March 23, 2011, OC&I issued a NOV to Respondent alleging that Respondent violated RIDEM's 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. The NOV was recorded in the land evidence records of East Providence, Rhode Island. Respondent complied with the Order section of the NOV; however, Respondent did not pay the penalty assessed in the NOV. On September 23, 2015, Respondent sold the property to Laires Realty, LLC. As the NOV was recorded prior to Laires Realty, LLC acquiring the property, Laires Realty, LLC became responsible for payment of the penalty. Efforts by OC&I to collect the penalty were unsuccessful, so OC&I referred the case to the Department of Revenue. On or about March 23, 2021, the full penalty, plus interest, was paid to RIDEM.

March 29, 2021 – Water Pollution File No. OCI-WP-19-67 X-ref RIPDES RI0023442 re: RHODE ISLAND RESOURCE RECOVERY CORPORATION for a property located at 65 Shun Pike in Johnston, Rhode Island. The property includes a facility that is engaged in the recycling and disposal of solid waste. Respondent owns the property and operates the facility. On April 24, 2015, RIDEM issued a permit to Respondent to discharge stormwater from treatment pond 2 at the facility to Upper Simmons Reservoir, which became effective on July 1, 2015. On February 24, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations (250-RICR-150-05-1) and Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). 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 resolve the NOV. View the Agreement.

March 31, 2021 – On Site Wastewater Treatment System File No. OCI-OWTS-16-22 re: Jeremy T. Allen and Polly G. Allen for property located at 104 South of Commons Road, Assessor's Plat 31, Lot 11 in Little Compton, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. On January 23, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s 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.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.