October 2015 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 for the month of October 2015. 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 RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM 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 RIDEM's Office of Customer and Technical Assistance. The OC&I often resolves 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 dem.filereview@dem.ri.gov. More information is available at www.dem.ri.gov/programs/customertech/file-review.php. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

October 6, 2015 - Hazardous Waste File No. OCI-HW-15-36 re: DFI-EP, LLC for a facility located at 50 Waterman Avenue in the town of North Providence. The facility is used for electroplating of steel and copper to affix various metal and corrosion resistant coatings on products and is operated by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations.

October 6, 2015 - Hazardous Waste File No. OCI-HW-14-117 re: Michael D. Squillace, Jr. d/b/a Vanity Cleaners for a facility located at 1658 Cranston Street in the city of Cranston. The facility is used for the dry cleaning of clothing and is operated by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations.

Formal Enforcement Actions Settled or Resolved:

October 9, 2015 - Underground Storage Tank File No. 2014-20-01488 re: Kearney Realty, LLC for property located at 5682 Post Road in the town of Charlestown. The property includes a convenience store and a motor fuel filling station and 5 underground storage tanks used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. On July 15, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/michaels714.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV.

October 15, 2015 - Underground Storage Tank File No. 2013-89-01633 re: Fairlawn Oil Service, Inc. for property located at 100 Privilege Street in the city of Woonsocket. The property includes a motor fuel filling station and 3 underground storage tanks used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. On April 10, 2014 the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/fairlawn414.pdf. The Respondent filed an appeal of the NOV with the AAD. On or about June 2015 the property was acquired by Martinelli Oil Service, Inc. (Martinelli) through a foreclosure. Prior to an administrative hearing on the NOV, Martinelli complied with the Order section of the NOV and paid an administrative penalty of $2,500 to resolve the NOV.

October 19, 2015 - OWTS File 13-13 and CI 13-10 re: Mark J. Amaral and Carol A. Amaral for property located at 106 Samuel Gorton Avenue in the city of Warwick. The property includes a residential dwelling and is owned by the Respondents. On October 21, 2013, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/amaral1013.pdf. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondents complied with the Order section of the NOV by repairing the septic system on the property, and the OC&I and the Respondents executed a Consent Agreement to resolve the NOV.

October 22, 2015 - Dam File No. 219 (Boone Lake Dam) re: Boone Lake Dam Management District for property located approximately 5600 feet north of the intersection of Ten Rod Road (Route 165) and Nooseneck Hill Road (Route 3), approximately 329 feet north of the intersection of Boone Lake Road and West Shore Road in the town of Exeter. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. On August 4, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Dam Safety. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/boone814.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV.

October 23, 2015 - OWTS File No. 14-251 re: Salvatore Parente, Carmen Parente, and Ralph N. Shippee for property located at 226 Raccoon Run Road, Assessor's Plat 318, Lot 93 and an abutting property on Hill Farm Road, Assessor's Plat 318, Lot 104 in the town of Coventry. Plat 318, Lot 93 includes a residential dwelling and is owned by Salvatore Parente and Carmen Parente (Parentes Property). Plat 318, Lot 104 is vacant land and is owned by the Ralph N. Shippee Trust (Shippee Property). On April 13, 2015, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/parente415.pdf. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Mr. Shippee executed a Consent Agreement to resolve the NOV as it pertains solely to Mr. Shippee.

October 23, 2015 - Underground Storage Tank File No. 2013-85-00879 re: Fuel Depot, Inc. for property located at 644 Putnam Pike in the town of Smithfield. The property includes a motor fuel filling station and 3 underground storage tanks used for the storage of petroleum products (facility). The Respondent owns the property. On April 17, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/fueldep414.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and the OC&I and the Respondent executed a Consent Agreement to resolve the NOV.

October 27, 2015 - Multi-Media (Freshwater Wetlands and OWTS) File Nos. C93-208 and CI05-184 re: Frederick T. Hone Jr. Living Trust and Frederick T. Hone, Jr., et ux for property located approximately 500 feet west of South County Trail (Route 2), approximately 3000 feet southwest of the intersection of South County Trail and Exeter Road, Assessor's Plat 67-1, Lots 2 and 3 in the town of Exeter. At the time the NOV was issued, Lot 2 was owned by Frederick T. Hone Jr. Living Trust and Lot 3 was owned by Frederick T. Hone Jr., et ux. On January 15, 2008, the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act, the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act and the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The freshwater wetland violations occurred on Lot 2 and pertained to: filling (in the form of soil material and/or structures), grading, clearing (trees and shrubs), and creating soil disturbance in Swamp, Riverbank Wetland, and Perimeter Wetland; stockpiling materials (in the form of equipment, firewood, and other debris) in Swamp, Riverbank Wetland, and Perimeter Wetland; constructing a dam across a River; installing a concrete pumping chamber within a River; constructing a bridge across a River, and excavating and filling a Swamp and Special Aquatic Site. The violations resulted in the alteration of approximately 1.4 acres of freshwater wetlands. The OWTS violations occurred on Lot 3 and pertained to: the discharge of sewage to an open concrete structure within the dwelling; the discharge of laundry waste to the surface of the ground; the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground; the change of use of the dwelling from a 2 bedroom to a 6 bedroom dwelling without first submitting an application to the RIDEM to determine whether the OWTS was adequate for the proposed use; and the filing of false information to the RIDEM concerning the number of bedrooms in the dwelling on an application to repair the OWTS. A subsequent repair application submitted to the RIDEM by Mr. Hone stated that the dwelling was 2 bedrooms, not 6 bedrooms. In the NOV, the OC&I ordered the Respondents to cease and desist any further unauthorized alteration to freshwater wetlands, restore all freshwater wetlands, pump the OWTS as necessary to prevent overflows, and repair the failed OWTS. The OC&I assessed an administrative penalty of $6,900 for the wetland violations and $4,800 for the OWTS violations. The Respondents filed an appeal of the NOV with the AAD. On January 18, 2012, Lot 3 was placed into a Trust and on January 16, 2014, Lot 2 was placed into a Trust (collectively, the Trusts). On June 15, 2015, the OC&I and the Trusts executed a Consent Agreement to resolve the NOV as it pertained solely to the Order portion of the NOV. The link to the Consent Agreement can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hone615.pdf. A hearing was held on June 16, 2015 on the administrative penalty assessed in the NOV and a Decision and Order was issued by the AAD hearing officer on October 27, 2015. A link to the Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/HoneFrederick.pdf.

October 28, 2015 - Hazardous Waste File No. OCI-HW-14-118 re: Bob's 1 Stop Cleansers, Inc. for a facility located at 287 Cumberland Street in the city of Woonsocket. The facility is used for the dry cleaning of clothing and is operated by the Respondent. On September 1, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/bobs915.pdf. The Respondent filed an appeal of the NOV with the AAD. The Respondent complied with the Order section of the NOV and paid a reduced administrative penalty to resolve the NOV.

October 28, 2015 - Hazardous Waste File No. OCI-HW-14-93 re: Pease & Curren Incorporated for a facility located at 75 Pennsylvania Avenue in the city of Warwick. The facility is used for the processing and reclamation of precious metals from solid metal jewelry and related items and is operated by the Respondent. On August 17, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/pease815.pdf. The Respondent filed an appeal of the NOV with the AAD. The Respondent complied with the Order section of the NOV and paid a reduced administrative penalty to resolve the NOV.

Superior Court Actions Issued:

October 23, 2015 - OWTS File No. 14-156 and Superior Court File No. PC-2015-4652 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Thomas Fiore for property located at 10 Douglas Road, Assessor’s Plat 248, Lot 34 in the city of Warwick. The property includes a residential dwelling and is owned by the Defendant. On January 5, 2015, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendant did not file an appeal of the NOV with the AAD. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/fiore115.pdf. The Defendant did not comply with the NOV. On October 23, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to fully comply with the NOV.

October 23, 2015 - OWTS 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. The property includes a residential dwelling and is owned by the Defendant. On July 24, 2012, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendant did not file an appeal of the NOV with the AAD. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/dibiasio712.pdf. The Defendant did not comply with the NOV. On October 23, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to fully comply with the NOV.

Superior Court Actions Settled or Resolved:

October 27, 2015 - OWTS File No. 12-46 and Superior Court File No. PC-2015-3479 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Mary E. Lafreniere for property located at 312 Ten Rod Road, Assessor’s Plat 94, Lot 4 in the town of North Kingstown. The Defendant owns the property. On April 6, 2012, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendant did not file an appeal of the NOV with the AAD. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/lafren412.pdf. The Defendant did not comply with the NOV. On August 11, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to fully comply with the NOV. Prior to a hearing on the complaint, the RIDEM and the Defendant met to discuss settlement. The Defendant stated that she could not comply with the NOV for financial reasons and that she would vacate the dwelling. On October 27, 2015, the Court entered an Order by agreement of the parties requiring the Defendant to vacate the dwelling by November 30, 2015. The Order further required that the dwelling remain vacant until such time as the onsite wastewater treatment system is repaired as evidenced by the issuance of a Certificate of Conformance by the RIDEM.