April 2017 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 2017. 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 4, 2017 - OWTS File No. 15-57 re: Easy Stay, LLC for property located at 7255 Post Road, Assessor's Plat 136, Lot 11 in the town of North Kingstown. The property includes an apartment building and is owned by Respondent. The OC&I alleges that Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

April 5, 2017 – Site Remediation File No. 16-6 re: Michael Vayl for property located at 82 Nautilus Street, Assessor’s Plat 5, Lot 327 in the town of Jamestown. Respondent owns the property. The OC&I alleges that Respondent is in violation of Rhode Island’s Water Pollution Act and Oil Pollution Control Act and the RIDEM's Water Quality Regulations, Groundwater Quality Rules and Oil Pollution Control Regulations.

April 14, 2017 - Underground Storage Tank File No. 2016-49-00774 re: PMG NEW JERSEY II, LLC for property located at 2148 Broad Street, Assessor's Plat 1, Lot 491 in the city of Cranston. The property includes a motor fuel storage and dispensing system and a convenience store and underground storage tanks used for the storage of petroleum products. Respondent owns the property. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

Formal Enforcement Actions Settled or Resolved:

April 3, 2017 - Site Remediation File No. 2010-01 SR re: Hoxsie Cleansers, Ltd. and The Vincent Perenti Revocable Living Trust for a property located at 1533 Warwick Avenue, Assessor’s Plat 312, Lots 315, 390 and 391 in the city of Warwick. The property includes a building used for a clothing dry cleaning business (facility). The facility is registered with the RIDEM as a small quantity hazardous waste generator. The Vincent Perenti Revocable Living Trust (Perenti Trust) is the former owner of the property. Hoxsie Cleansers, Ltd operates the facility. On January 4, 2011, the OC&I issued an NOV to Respondents alleging that Respondents violated Rhode Island's Water Pollution Act and the RIDEM's Rules and Regulations for Groundwater Quality, Rules and Regulations for the Management of Hazardous Waste and Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hoxsie01.pdf. Respondents filed an appeal of the NOV with the AAD. After the appeal was filed, Perenti Trust and The Russell M. Yates, Jr. Trust (Yates Trust) entered into an agreement to transfer title to the property to Yates Trust or any such entity designated by Yates Trust. Thereafter, Perenti Trust transferred title to Hoxsie Corporation, Inc., the entity designated by Yates Trust to acquire title to the property. Also during this time, the Secretary of State revoked the Certificate of Incorporation/Authority for Hoxsie Cleansers, Ltd. Gloria Perenti is listed as the president of Hoxsie Cleansers, Ltd. On October 2, 2014, the RIDEM issued an amended NOV to Respondents. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hoxsieam1014.pdf. Prior to an administrative hearing on the NOV, the OC&I, Hoxsie Corporation, Inc. and the Yates Trust executed a Consent Agreement to resolve the NOV as it pertains solely to Hoxsie Corporation, Inc. and The Yates Trust.

April 17, 2017 - Air File No. 13-10 re: Champlin's Marina Resort and Tennis Club, Ltd. for a facility located at West Side Road in the town of New Shoreham. The facility includes a marina. On August 31, 2007 the RIDEM issued an approval to Respondent to install a diesel generator to supply power to the marina. The approval requires Respondent to burn diesel fuel containing no more than 15 parts per million (ppm) sulfur by weight in the generator. On December 12, 2007 and July 3, 2009, the RIDEM issued an emissions cap to Respondent. The cap requires Respondent to burn diesel fuel that contains no more than 15 ppm sulfur by weight. On October 30, 2013, the OC&I issued an NOV to Respondent alleging that Respondent violated Rhode Island's Clean Air Act, RIDEM's Air Pollution Control (APC) Regulation No. 9 - Air Pollution Control Permits and RIDEM's APC Regulation No. 29 - Operating Permits. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/champlins1013.pdf. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent paid an administrative penalty of $2,000 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

April 18, 2017 - OWTS File No. CI99-267 and Superior Court File No. PC04-5455 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Gino Costantino for property located at 1A Snagwood Drive, Assessor's Plat 13, Lot 27 in the town of Foster. On June 13, 2001, the RIDEM issued a NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the discharge of sewage to the surface of the ground from the septic system at the property. In the NOV, the RIDEM ordered Defendant to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. The RIDEM assessed a penalty in the amount of $3,000. Defendant appealed the NOV. On March 31, 2003 and April 2, 2003, an administrative hearing on the NOV was held before the AAD. On April 15, 2003, the RIDEM issued a final Decision and Order upholding the NOV. The link to the Decision and Order is www.dem.ri.gov/programs/director/adminadj/pdfs/01007IE.pdf. Defendant failed to comply with the Decision and Order. On October 7, 2004, the RIDEM filed a complaint in Superior Court asking the court to order Defendant to comply with the NOV. On February 28, 2005, the Court entered an Order requiring Defendant to pump the septic system and disconnect the building sewer from the septic tank by excavating the building sewer pipe to the tank, cutting the building sewer pipe, and filling the building sewer pipe with concrete; repair the septic system prior to the transfer of the property to a new owner in accordance with the RIDEM's requirements; and pay the full penalty. Defendant complied with the Order to disconnect and cap the building sewer pipe, but did not pay the penalty. On May 12, 2016, the RIDEM inspected the property and found that the dwelling was occupied and that sewage was observed on the ground surface. The RIDEM filed a motion in Court to adjudge Defendant in contempt of the Order. On October 6, 2016, a hearing was held in Superior Court. Defendant testified that he reconnected the pipe after the RIDEM inspection confirmed that the pipe had been cut and capped, that he did not have the system repaired in accordance with the RIDEM's requirements and that he did not pay the penalty. On October 19, 2016, the Court issued an Order finding Defendant in willful contempt. The Order required Defendant to have the system inspected by a licensed engineer within 30 days and to comply with whatever the engineer determines is required to repair the system. Defendant was also ordered to pay the $3,000 penalty within 60 days. Defendant failed to comply with the Order and the RIDEM received complaints that the system continued to overflow to the ground surface. On April 18, 2017, the Court issued an Order finding Defendant in willful contempt. The Order required Defendant to have the dwelling vacated within 30 days and does not allow anyone to occupy the dwelling until the system is repaired to the satisfaction of the RIDEM. Defendant was also ordered to pay the $3,000 penalty along with interest (at the rate of 12%) beginning on February 28, 2005. The RIDEM was also allowed to record the Order in the land evidence records for the property.