September 2018 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 September 2018. 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 Angela Spadoni at 401-222-4700 ext. 7307. 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:

September 20, 2018 – Hazardous Waste File No. OCI-HW-17-52 re: FIVE STAR AUTO SALVAGE, INC. for a property located at 1348 Douglas Pike in the Town of Smithfield, Rhode Island. The property includes a facility used for the general maintenance of automobiles and an auto salvage yard. Respondent is a small quantity handler of universal waste and a used oil generator at the facility. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste. View the NOV.

September 28, 2018 – On Site Wastewater Treatment System File No. OCI-OWTS-18-27 re: Jeffrey R. Dugas and Tracie L. Dugas for property located at 1669 Putnam Pike, Assessor's Plat OEL, Lot 157 in the Town of Glocester, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

Formal Enforcement Actions Settled or Resolved:

September 13, 2018 – Underground Storage Tank File No. OCI-UST-17-43-00105 re: METROPOLITAN OIL CO., INC. for property located at 1086 Main Street, Assessor’s Plat 17, Lot 41 in the Town of West Warwick, Rhode Island. The property includes a petroleum product storage and dispensing system and underground storage tanks used for the storage of petroleum products (facility). On October 18, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Respondent owned the property and operated the facility at the time the NOV was issued and filed an appeal of the NOV with the AAD. On May 18, 2018, BRI Realty Corp acquired the deed to the property from Respondent in lieu of foreclosure. Prior to an administrative hearing on the NOV, the OC&I and BRI Realty Corp executed a Consent Agreement to resolve the NOV as it pertains to BRI Realty Corp. View the Agreement. The Agreement does not release or dismiss the NOV as it pertains to Respondent.

September 24, 2018 – Onsite Wastewater Treatment System File No. OCI-OWTS-16-11 re: David Ciampi for property located at 486 Atlantic Avenue, Assessor's Plat 155, Lot 65 in the Town of Westerly, Rhode Island. The property includes a single-family residence and is owned by Respondent. On November 28, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's 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 the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid an administrative penalty of $3,500 to fully resolve the NOV.

September 27, 2018 – Dam File No. State I.D. 46 (Slatersville Middle Dam) and OCI-DAMS-16-7 re: Dudley Development Corporation for a dam located approximately 1,255 feet southwest of the intersection of Railroad Street and Main Street and approximately 480 feet east of Main Street, Assessor’s Plat 4, Lot 34A in the Town of North Smithfield, Rhode Island. The dam is classified by the RIDEM as High Hazard. Respondent owns the dam. On September 20, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Dam Safety. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

September 4, 2018 – Onsite Wastewater Treatment System File No. OCI-OWTS-16-15 and Superior Court File No. PC 2017-2139 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Galliano D. DiCostanzo for property located at 145 Longmeadow Avenue, Assessor's Plat 335, Lot 441 in the City of Warwick, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On January 23, 2017, the RIDEM issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. On May 5, 2017, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint. On August 30, 2018, the RIDEM issued a Certificate of Conformance to Defendant for a temporary onsite wastewater treatment system (OWTS) that was installed on the property. On September 4, 2018, by agreement of the parties, an Order was entered by the Court requiring Defendant to pump the OWTS at least once a year and as often as necessary to prevent any sewage overflows until the property is connected to the city sewerage system and immediately connect to the city sewerage system upon availability of sewers to the property.