August 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 August 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:

August 4, 2015 - Underground Storage Tank File No. 2014-80-00305 re: KANTZ CORPORATION and Mokhtar Kattan for a property located at 644 Oaklawn Avenue, Assessor's Plat 16/1, Lot 822 in the city of Cranston. The property includes a convenience store and a motor fuel filling station. The Respondents own the property and Mokhtar Kattan operates the facility. The OC&I alleges that the Respondents are in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

August 7, 2015 - Solid Waste File No. SW 2014-18 re: ALJOKE, LLC for a property located at 90 Reservoir Avenue, Assessor's Plat 125, Lot 134 in the city of Providence. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act, the RIDEM's Solid Waste Regulations, and the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations.

August 7, 2015 - Hazardous Waste File No. OCI-HW-14-24 re: IDEAL PLATING & POLISHING CO., INC. for a facility located at 175 Public Street in the city of Providence. The facility is used for the application of metal coatings to jewelry products through an electroplating process 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.

August 7, 2015 - Freshwater Wetlands File No. FW C11-0138 re: Christopher Johnson for property located east of the terminus of Sleepy Hollow Road, approximately 1,100 feet east of its intersection with Lake Road, at utility pole number 5, Assessor's Plat 608, Lot 108 in the town of Tiverton. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.

August 7, 2015 - Hazardous Waste File No. OCI-HW-14-89 re: Senesco Marine, LLC for a facility located at 10 MacNaught Street in the town of North Kingstown. The facility is used for the manufacture and maintenance of double hulled barges, tugboats and other marine vessels 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.

August 7, 2015 - Hazardous Waste File No. OCI-HW-14-102 re: Northland Environmental, LLC for a facility located at 275 Allens Avenue in the city of Providence. The facility is used to operate a Treatment, Storage and Disposal Facility pursuant to the RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR) and is operated by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Hazardous Waste Regulations and 40 CFR.

August 17, 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. 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.

August 20, 2015 - Hazardous Waste File No. OCI-HW-13-119 re: PRESCRIPTION COMPOUNDING SPECIALISTS OF RHODE ISLAND, INC. for a facility located at 1145 Reservoir Avenue in the city of Cranston. The facility is used for the compounding and mixing of pharmaceuticals for prescriptions 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.

August 21, 2015 - Water Pollution File No. WP 14-115 X-ref RIPDES RIR100995 and FW Permit 07-0236 re: DV I, LLC for property located about 1,500 feet northeast of Old Louisquisset Pike and about 1,800 feet east of its intersection with Eddie Dowling Highway at the “Dowling Village” commercial retail development, utility pole numbers 354 through 374, in the town of North Smithfield. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.

August 21, 2015 - Hazardous Waste File No. OCI-HW-14-96 re: Bio Waste, LLC for a facility located at 1145 Reservoir Avenue in the city of Cranston. 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.

August 26, 2015 - Hazardous Waste File No. OCI-HW-13-25 re: Michael L. Goldman (d/b/a Nulco Lofts, LLC) for a property located at 30 Beecher Street in the city of Pawtucket. The property includes a building that was used to manufacture lighting products and is owned 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.

August 26, 2015 - OWTS File No. 15-60 re: David A. Day and Susan J. Day for property located at 38 Broadway (Prudence Island), Assessor's Plat 84, Lot 42 in the town of Portsmouth. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

August 26, 2015 - OWTS File No. 15-73 re: Gerard W. Bourgeois and Marilyn S. Bourgeois for property located at 41 Sumner Street, Assessor's Plat 53, Lot 318 in the town of Cumberland. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

Formal Enforcement Actions Settled or Resolved:

August 1, 2015 - OWTS File 13-53 re: James D. Sullivan for property located at 636 Park Avenue, Assessor’s Plat 21, Lot 76 in the town of Portsmouth. The Respondent owns the property. On December 3, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Respondent filed an appeal of the NOV with the AAD. A hearing was held on June 22, 2015 and a Decision and Order was issued by the AAD hearing officer. A link to the Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/13005IE.pdf.

Superior Court Actions Issued:

August 11, 2015 - OWTS File No. 12-23 and Superior Court File No. PC-2015-3480 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Anthony L. Zavota and Mary Ellen Zavota for property located at 270 West Greenville Road, Assessor’s Plat 17, Lot 33 in the town of Scituate. The Defendants own the property. On February 24, 2012, the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendants 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/zavota212.pdf. The Defendants did not comply with the NOV. On August 11, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOV.

August 11, 2015 - OWTS File No. CI09-28 and Superior Court File No. PC-2015-3481 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Norbert Mongeon, Sr., in his capacity as President of Mongeon Realty, Inc. for property located at 7 Sayles Hill Road, Assessor’s Plat 17, Lot 132 in the town of North Smithfield. Mongeon Realty, Inc. owns the property. On May 28, 2010, 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 and 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.

August 11, 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.

August 11, 2015 - OWTS File No. CI09-62 and Superior Court File No. PC-2015-3478 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Shirley Langlais and Shirley Barboza for property located at 25 Shore Drive, Assessor’s Plat 62, Lot 7 in the town of Johnston. Shirley Langlais has a life estate on the property and Shirley Barboza has a life estate as well as a tenancy in common with two other individuals. On August 5, 2011, the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 11, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.