August 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 August 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:

August 2, 2016 - Dams State I.D. No. 320 (Stone Pond Dam) and Dams File Nos. 13-82 and 15-6 re: Richard A. Fenner and Kathleen M. Fenner for a dam located approximately 2,400 feet south west of the intersection of Atwood Avenue and Plainfield Pike, approximately 220 feet south of Plainfield Pike, Assessor's Plat 37, Lot 6 in the city of Cranston. The dam is classified by the RIDEM as High Hazard. The Respondents own the dam. 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.

August 2, 2016 - Dams State I.D. No. 320 (Stone Pond Dam) and Dams File Nos. OCI-DAMS-13-82 and OCI-DAMS-15-6 re: Pauline E. Grieco for a dam located approximately 2,400 feet south west of the intersection of Atwood Avenue and Plainfield Pike, approximately 220 feet south of Plainfield Pike, Assessor's Plat 37, Lot 498 in the city of Cranston. 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 Respondents are in violation of the RIDEM's Rules and Regulations for Dam Safety.

August 30, 2016 - Hazardous Waste File No. OCI-HW-16-31 re: Kenneth A. Rocha d/b/a Ken Rocha Auto Body, Inc. for a property located at 770 Potters Avenue in the city of Providence. Ken Rocha Auto Body, Inc. previously operated an auto body repair business on the property and was registered with the RIDEM as a small quantity hazardous waste generator at the property. On September 22, 1999, the Rhode Island Secretary of State revoked the Certificate of Registration/Organization for Ken Rocha Auto Body, Inc. Kenneth A. Rocha is the last known president of the corporation. 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:

August 2, 2016 - Freshwater Wetlands File No. 14-14 re: J. Albanese Construction Company, Inc. and NORTH-EASTERN TREE SERVICE, INC. for property located west of Old Pocasset Road, near the intersection of Old Pocasset Road and Woodlake Drive in the town of Johnston, Rhode Island. On March 30, 2016, the OC&I issued an NOV to the Respondents alleging that the Respondents 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/albanese316.pdf. The Respondents did not file an appeal of the NOV with the AAD. The Respondents submitted documents to the OC&I to support their argument that they followed the plans they received from Briarcliffe Gardens Realty, LLC and requested that the OC&I waive the penalties assessed in the NOV. The OC&I reviewed the documents and agreed with the argument presented by the Respondents and rescinded the NOV.

August 3, 3016 - Underground Storage Tank File No. 2013-37-00431 re: Jeha Corp. and John Jeha, Inc. for property located at 76 Newport Avenue, Assessor's Plat 40, Lot 1008 in the city of Pawtucket. The property includes a service station, a motor fuel filling station and two underground storage tanks used for the storage of petroleum products. Jeha Corp. owns the property. John Jeha, Inc. operates the facility. On January 8, 2014, the OC&I issued an NOV to the Respondents alleging that the Respondents violated 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/jeha114.pdf. The Respondents did not file an appeal of the NOV with the AAD. The Respondents complied with the Order section of the NOV and paid a penalty of $5,000 to fully resolve the NOV.

August 9, 2016 - Water Pollution File No. OCI-WP-14-95 and RIPDES No. RI0100072 re: The Narragansett Bay Commission. The Respondent operates a wastewater treatment facility located at 102 Campbell Avenue in the city of East Providence. On December 31, 2001, the RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit Number RI0100072 (Permit) to the Respondent. The Permit authorizes the Respondent to discharge treated wastewater from the facility to the Seekonk River. On January 30, 2002, the Respondent filed an appeal of the Permit and moved to stay certain conditions of the Permit (Appeal). On February 1, 2002, the Permit went into effect for all conditions not stayed pursuant to the Appeal. On January 12, 2004, the RIDEM and the Respondent executed a Consent Agreement to resolve the Appeal (2004 Agreement). The 2004 Agreement remains in full force and effect. On February 1, 2007, the Permit expired. The Respondent submitted a timely and complete Permit reapplication, and pursuant to the RIDEM's RIPDES Regulations the expired Permit remains in full force and effect. On July 26, 2016, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's RIPDES Regulations for failing to comply with the Permit and the 2004 Agreement. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/nbcbuck716.pdf. Prior to filing an appeal of the NOV with the AAD, the Respondent entered into a Consent Agreement with the OC&I to resolve the NOV.

August 24, 2016 - Freshwater Wetlands File No. OCI-FW-14-147 re: Cardi Corporation and NORTH-EASTERN TREE SERVICE, INC. for property located along Centerville Road (Route 117) in the city of Warwick. On October 8, 2013, the RIDEM issued the Rhode Island Department of Transportation (DOT) a permit to alter freshwater wetlands associated with roadway and drainage improvements on the property (Permit). The Permit included specific language to provide extra protection to the wetlands due to the presence of American Waterwort, a plant listed as a species of concern under the RIDEM's Natural Heritage Program and defined as a rare plant under the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, and the critical nature of the wetland habitat in this area. The Permit requires: limiting alterations to only those shown on the approved plans; use all efforts to preserve trees greater than 24 inches in diameter that are located within freshwater wetlands to the greatest extent practicable; and install, use and follow all best management practices detailed or described on the approved plans to minimize or prevent adverse impacts to any adjacent freshwater wetlands. The DOT awarded a contract to Cardi Corporation (Cardi) to complete the work approved in the Permit. Cardi subcontracted a portion of the work approved in the Permit to NORTH-EASTERN TREE SERVICE, INC. (NE Tree). Prior to the commencement of the work, the RIDEM and the DOT met on the property and identified the project limit of disturbance and the DOT then met with Cardi to review the locations of American Waterwort and the required protective measures. On April 17, 2015, the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Freshwater Wetland Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/cardi415.pdf. Cardi filed an appeal of the NOV with the AAD. NE Tree did not file an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Cardi entered into a Consent Agreement to resolve the NOV solely as it pertains to Cardi.

August 30, 2016 - Water Pollution File No. OCI-WP 14-74 re: ANM REALTY, LLC and Allens Ave Metals, LLC for property located at 278 Allens Avenue, Assessor's Plat 47, Lot 146 in the city of Providence. The property includes a facility engaged in scrap metal recycling. ANM REALTY, LLC owns the property, and Allens Ave Metals, LLC operated the facility. On September 16, 2015, the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/allenave915.pdf. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and ANM REALTY, LLC entered into a Consent Agreement to resolve the NOV solely as it pertains to ANM REALTY, LLC.

Superior Court Actions Issued:

August 17, 2016 - Dams State I.D. No. 027 (Sucker Pond Dam) and Superior Court File No. PM-2016-3853 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Bliss Golf Investors, L.L.C. for property located south of Lapham Farm Road, west of Victory Highway, north of the Burrillville-Glocester line and east of Steere Farm Road, in the town of Burrillville. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. The Defendant owns the dam. On May 26, 2011, the OC&I issued an NOV to the Defendant alleging that the Defendant 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/sucker511.pdf. The Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 17, 2016, 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:

August 3, 2016 - Underground Storage Tank File No. 2010-00625 and Superior Court File No. PC-2015-4922 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Hawk Enterprises, Inc., Elie N. Sakr, and Pierre N. Sakr for property located at 119 Greenville Avenue in the town of Johnston. The property includes a service station and 6 underground storage tanks (USTs) used for storage of petroleum products. Elie N. Sakr and Pierre N. Sakr own the property. Hawk Enterprises, Inc. operates the facility. On May 5, 2010, the OC&I issued an NOV to the Defendants alleging that the Defendants violated RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The violations pertained to the failure to: perform 0.2 gallon per hour leak tests for USTs at least once per month; compile and maintain inventory control records; retain a licensed tightness tester to perform tank tightness tests every two years; retain a licensed tightness tester to perform tank tightness tests annually for tanks used for storage of used oil; retain a qualified tester to perform annual testing of line leak detectors; perform annual testing of shear valves; perform monthly testing of the continuous monitoring system; retain a qualified person annually to inspect, calibrate, and test the continuous monitoring system; and bail and evaluate the water in all groundwater monitoring wells for visual and olfactory evidence of free product no less than once per year. In the NOV, the OC&I ordered the Defendants to achieve compliance with the regulations. The OC&I assessed an administrative penalty of $28,835. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On November 10, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOV. The link to the Superior Court complaint can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hawks1115.pdf. Prior to a hearing on the complaint, the Defendants complied with the NOV and paid a penalty of $7,000 to fully resolve the matter.

August 26, 2016 - OWTS File No. 15-73 and Superior Court File No. PC 2016-2334 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants 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 Defendants. On August 26, 2015, 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 link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/bourg815.pdf. The Defendants did not file an appeal of the NOV with the AAD and failed to comply with the NOV. On May 23, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to comply with the NOV. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/bourgeois516.pdf. On August 26, 2016, the Court entered an Order that was agreed to by the parties. The Order requires the Defendants to pump the system four times per year and as needed to prevent overflows, cease laundry use until the system is repaired, limit the occupancy of the dwelling to no more than the current occupants, and repair the system prior to the sale or refinance of the property. The Order was recorded in the land evidence records for the property.