April 2016 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 April 2016. 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:

April 13, 2016 - Dam File Nos. 395 (Lawton Valley Reservoir Dam), 396 (Nonquit Pond Dam), 485 (Harold E. Watson Reservoir Dam), 580 (Sisson Pond Dam), 581 (St. Mary's Pond Dam), 582 (Nelson Pond Dam), 583 (Gardiner Pond Dam), 584 (Easton Pond North Dam) and 585 (Easton Pond South Dam) re: City of Newport. The Respondent owns the Dams. Dam 395 is classified by the RIDEM as High Hazard and is located approximately 3,000 feet north of the intersection of West Main Road and Union Street, approximately 650 feet east of West Main Road in the town of Portsmouth. Dam 396 is classified by the RIDEM as Significant Hazard and is located approximately 816 feet west of the intersection of Main Road and Pond Bridge Road, approximately 70 feet north of Pond Bridge Road, in the town of Tiverton. Dam 485 is classified by the RIDEM as High Hazard and is located approximately 5,700 feet north of the intersection of Peckham Road and West Main Road, approximately 2,300 feet east of West Main Road, in the town of Tiverton. Dam 580 is classified by the RIDEM as High Hazard and is located approximately 1,500 feet east of the intersection of Union Street and Jepson Lane, approximately 1,300 feet south of Union Street, in the town of Portsmouth. Dam 581 is classified by the RIDEM as High Hazard and is located approximately 4,000 feet east of the intersection of West Main Road and Union Street, approximately 1,300 feet south of Union Street, in the town of Portsmouth. Dam 582 is classified by the RIDEM as High Hazard and is located approximately 1,180 feet northwest of the intersection of Paradise Avenue and Hanging Rock Road, approximately 554 feet east of Paradise Avenue, in the town of Middletown. Dam 583 is classified by the RIDEM as High Hazard and is located immediately northeast of the intersection of Hanging Rock Road and Sachuest Point Road, approximately 157 feet east of Hanging Rock Road, in the town of Middletown. Dam 584 is classified by the RIDEM as High Hazard and is located approximately at the intersection of Valley Road and Aquidneck Avenue, approximately 270 feet west of Aquidneck Avenue, in the town of Middletown. Dam 585 is classified by the RIDEM as High Hazard and is located approximately 1,300 feet west of the intersection of Aquidneck Road and Memorial Boulevard, approximately 100 feet north of Memorial Boulevard, on the line between the town of Middletown and the city of Newport. The OC&I alleges that the Dams are unsafe and that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

April 22, 2016 - Dam File No. 003 (Wilson Reservoir Dam) re: Karen Marcotte and Bernard Crodeau d/b/a Wilson Reservoir Association for a dam located approximately 2,100 feet west of the intersection of East Wallum Lake Road and Wallum Lake Road, approximately 100 feet north of Wallum Lake Road, Assessor's Plat 156, Lot 64, in the town of Burrillville. The dam is classified by the RIDEM as High Hazard. Wilson Reservoir Association owns the dam. On February 9, 2016, the Secretary of State revoked the Certificate of Registration/Organization for Wilson Reservoir Association. Karen Marcotte is the last known president of the Association, and Bernard Crodeau is the last known director of the Association. The OC&I alleges that the dam is unsafe and that the Respondents are in violation of the RIDEM's Rules and Regulations for Dam Safety.

April 22, 2016 - Dam File No. 621 (Holley Lane Dam) re: H.S. Realty Corporation for a dam located approximately 290 feet east of the intersection of Mendon Road and Holley Lane, approximately 50 feet north of Holley Lane, in the city of Woonsocket. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the dam is unsafe and that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

Formal Enforcement Actions Settled or Resolved:

April 1, 2016 - Freshwater Wetlands File Nos. C-948 and C-2177 re: Stanley J. Mruk, Sr. for property located at 34 Black Rock Road, Assessor's Plat 63, Lot 160.1 (formerly Plat 4, Lot 533), in the town of Coventry. On March 31, 1981, the RIDEM issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act. The violation pertained to the alteration of freshwater wetlands on the property without a permit from the RIDEM. On March 26, 1987, the RIDEM issued a second NOV to the Respondent alleging that the Respondent further violated Rhode Island's Freshwater Wetlands Act. The violation pertained to additional alterations of freshwater wetlands on the property without a permit from the RIDEM. On May 2, 1988, the RIDEM and the Respondent executed a Consent Agreement to resolve the NOVs. The Consent Agreement required the Respondent to restore the freshwater wetlands on the property by October 15, 1988. The Agreement stipulated that if the Respondent failed to comply with the Agreement he pay a penalty of $1,000 and $1,000 per month for each and every month that he remained in noncompliance with the Agreement. On August 22, 2014, the Respondent died. On January 22, 2016, the OC&I received a plan that was prepared by Natural Resources Services, Inc. (NRS) on behalf of the Estate of the Respondent. The plan showed that the freshwater wetlands on the property had not been restored. On March 10, 2016, the OC&I received a plan that was prepared by NRS on behalf of the Estate to restore the freshwater wetlands (Plan). In lieu of proceeding to Superior Court to enforce the Agreement, the OC&I and the Estate executed an amended Agreement. The amended Agreement requires the Estate to restore the freshwater wetlands in accordance with the Plan by September 30, 2016 and pay a penalty of $3,000. The penalty was paid upon execution of the amended Agreement.

April 7, 2016 - Air File No. 15-13 and 15-354 re: Department of Veterans Affairs for a facility located at 830 Chalkstone Avenue in the city of Providence. The facility is a stationary source of air pollutants. On November 30, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Air Pollution Control Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/VAMC1115.pdf. The Respondent did not file an appeal of the NOV with the AAD and fully complied with the NOV.

April 18, 2016 - 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. On October 6, 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/DFI1015.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent fully complied with the Order section of the NOV and paid a penalty of $7,187.46 to fully resolve the NOV.

April 22, 2012 - Dam File No. 710 (Slocum Road Upper Dam) re: Maurice N. Klein and Kimberly Perry Klein for a dam located east of Slocum Road, east of the intersection of Slocum Road and Gladys Kenyon Road and southeast of the intersection of Slocum Road and Glen Hill Drive in the town of North Kingstown. The dam is classified by the RIDEM as High Hazard. The Respondents own the dam. On April 3, 2012, the OC&I issued an NOV to the Respondents alleging that the Respondents violated 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/slocumup412.pdf. The Respondents did not file an appeal of the NOV with the AAD and fully complied with the NOV.

April 25, 2016 - Freshwater Wetland File No. C11-0142 re: William A. Mega for property located along a dirt drive that begins approximately 300 feet north of the intersection of Miskiania Trail and South County Trail and extends approximately 1,700 feet to the east in the town of Exeter. The Respondent owns the property. On August 21, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/mega813.pdf. The Respondent filed an appeal of the NOV with the AAD. On March 9, 2016, the OC&I received a plan prepared by Natural Resources Services, Inc. on behalf of the Respondent to resolve the Order section of the NOV (Plan). Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to restore the freshwater wetlands in accordance with the Plan by April 30, 2017 and pay an administrative penalty of $1,500. The penalty was paid upon execution of the Agreement.

April 25, 2016 - Multi-Media - Freshwater Wetland File Nos. 14-9 and C14-0008 and Solid Waste File No. 13-88 re: Mike's Professional Tree Service for a property located approximately 600 feet southeast of the intersection of Airport Road and Milton Lane in the town of Coventry. The Respondent owns the property. The property includes a pond located on the northern portion of the property (North Pond) and a second pond located on the southern portion of the property (South Pond). The North Pond and the South Pond are separated by an earthen berm. On July 5, 2013, the RIDEM issued an insignificant alteration permit to the Respondent. The permit authorized the construction of 1 dry hydrant within perimeter wetland associated with North Pond (North Perimeter Wetland). On September 5, 2013, the RIDEM issued an insignificant alteration permit (revised permit) to the Respondent. The revised permit authorized the construction of a sediment forebay and detention basin, a sand filter, a parking area, and 2 dry hydrants within the North Perimeter Wetland and the perimeter wetland associated with the South Pond (Sound Perimeter Wetland). The revised permit superseded the original permit. The revised permit requires the Respondent to: notify the RIDEM immediately prior to the commencement of the work; erect or post a sign in a conspicuous location on the property identifying the revised permit; install temporary erosion and sediment controls; construct the proposed work in the locations shown on the approved plan; and record the revised permit in the land evidence records of the town of Coventry. On April 22, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act and Rhode Island's Refuse Disposal Act. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/mikes414.pdf. The Respondent filed an appeal of the NOV with the AAD. On October 6, 2015 and October 27, 2015, a hearing was held on the NOV. On April 25, 2016, the hearing officer issued a Decision and Order that upheld the NOV in its entirety. The link to the Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/mikeprofessionaltree.pdf.

April 27, 2016 - Freshwater Wetland File No. FW C11-0188 re: Fred R. Constancia, Marianne Constancia, and F.C.C., Inc. for property located approximately 300 feet south of Woodlawn Avenue, Pole #18, and approximately 120 feet east of the intersection of Anthony Avenue and Woodlawn Avenue, Assessor's Plat 161-B, Lot 38 in the town of Bristol. Fred Constancia and Marianne Constancia owned the property (Former Owners). The property was transferred to the Former Owners from F.C.C., Inc. (FCC) on September 17, 2004. On October 15, 2007, the RIDEM issued a permit to FCC to construct 2 residential dwellings on the property. Fred Constancia and Marianne Constancia were the president and vice president of FCC, respectively. On February 20, 2009, the RIDEM issued a revised permit to FCC. On February 29, 2012, the OC&I issued an NOV to the Former Owners and FCC alleging that the Former Owners and FCC violated the revised permit, Rhode Island's Freshwater Wetlands Act, and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/constan212.pdf. Neither the Former Owners nor FCC filed an appeal of the NOV with the AAD and they failed to comply with the NOV. On January 28, 2014, the property was acquired by Global Consulting Group LLC (New Owner). The New Owner restored the freshwater wetlands as required in the Order section of the NOV and paid an administrative penalty of $5,000 to fully resolve the NOV.

Superior Court Actions Issued:

April 25, 2016 - Underground Storage Tank File No. 2014-30-01679 and Superior Court File No. PC 2016-1845 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants 5 Stars Management Services, LLC, Joseph Najm, Josephine Najm and Johnston Gas, Inc. for property located at 1209 Hartford Avenue, Assessor's Plat 20, Lot 32 in the town of Johnston. The property includes a service station and a motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). On December 2, 2013, 5 Stars Management Services, LLC (5 Stars) acquired the property. The property was previously owned by Joseph Najm and Josephine Najm. Ms. Najm is the current manager of 5 Stars. Johnston Gas, Inc. operates the facility. Mr. Najm is the president of Johnston Gas, Inc. On September 29, 2014, the OC&I issued an NOV to Mr. Najm, Ms. Najm and Johnston Gas, Inc. alleging that the Defendants 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/johngas914.pdf. Neither Mr. Najm, Ms. Najm nor Johnston Gas, Inc. filed an appeal of the NOV with the AAD and they have failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to comply with the NOV.

April 25, 2016 - Underground Storage Tank File No. 2014-14-02650 and Superior Court File No. PC 2016-1843 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Earle's Service Station, Inc. for property located at 35 Meeting House Lane in the town of Little Compton. The property includes a convenience store and motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Defendant owns the property and operates the facility. On July 2, 2014, the OC&I issued an NOV to the Defendant alleging that the Defendant 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/earles714.pdf. The Defendant did not file an appeal of the NOV with the AAD and has failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV.

April 25, 2016 - Underground Storage Tank File No. 2012-103-00578 and Superior Court File No. PC 2016-1842 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Reservoir Ventures II, LLC for property located at 1074 East Main Road, Assessor's Plat 58, Lot 3 in the town of Portsmouth. The property includes 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products. 1074 East Main Road LLC owned the property. 1074 East Main Road LLC is listed as an inactive corporation in Rhode Island's Secretary of State's corporations database. Chaouki Sarkis was the principal of the corporation and its registered agent. On May 17, 2013, the OC&I issued an NOV to Mr. Sarkis d/b/a 1074 East Main Road LLC alleging that Mr. Sarkis 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/sarkis513.pdf. Mr. Sarkis did not file an appeal of the NOV and did not comply with the NOV. The NOV was recorded in the land evidence records of the town of Portsmouth. On December 16, 2013, the Defendant acquired the property. As of the filing of the Superior Court complaint, the Defendant has failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.

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