December 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 December 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:

December 10, 2015 - Underground Storage Tank File No. 2015-27-03413 re: Rhode Island Convention Center Authority for a property located at the corner of West Exchange Street and Sabin Street in the city of Providence. The property includes a convention center and an underground storage tank used for the storage of petroleum product (facility). The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

Formal Enforcement Actions Settled or Resolved:

December 4, 2015 - Underground Storage Tank File No. 2013-90-01635 re: Fairlawn Oil Service, Inc. for property located at 935 Smithfield Avenue in the town of Lincoln. The property includes a motor fuel filling station and 5 underground storage tanks used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. On April 11, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent 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/fairOT414.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 NOV.

December 16, 2015 - Freshwater Wetlands File No. OCI-FW-13-40 and FW C14-0055 re: Allen P. Durand for property located within the Pawtuxet River and on land directly southwest of 12 Jackson Flat Road, Assessor's Plat 1, Lot 21 in the town of Scituate. The Respondent, David J. Durand and James J. Durand own the property. On July 14, 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 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/durand714.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV.

December 16, 2015 - Dam File No. 123 (Hawkins Dam) re: Louis A. Lafazia III for property located approximately 550 feet southeast of the intersection of Greenville Avenue and Contemporary Drive, approximately 350 feet west of Greenville Avenue in the town of Smithfield. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. On October 23, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the 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/hawkins1013.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 NOV.

December 18, 2015 - OWTS File No. 14-69 re: Maryland Road, LLC for property located at 16 Maryland Road, Assessor's Plat 9, Lot 405 in the town of Little Compton. The property includes a residential dwelling and is owned by the Respondent. On June 17, 2015, 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 link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/maryland615.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 portion of the NOV and paid a reduced administrative penalty.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.