February 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 February 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:

February 4, 2016 - Air Pollution File No. 15-10 and 15-257 re: Aspen Aerogels Rhode Island, LLC for a facility located at 3 Dexter Street in the city of East Providence. The Respondent was issued approvals from the RIDEM to emit pollutants to the atmosphere from the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Air Pollution Control Regulations and the approvals.

Formal Enforcement Actions Settled or Resolved:

None settled or resolved this month.

Superior Court Actions Issued:

February 2, 2016 - Dam File No. 727 (Bowdish Lower Dam) and Superior Court File No. PC 16-0455 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Lynda Marshall-Schmidt for property located south of Richardson Clearing Trail and north of S. Atlantic Avenue in the town of Glocester. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. On April 9, 2012, 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/bowdlow412.pdf. The Defendant filed an appeal of the NOV with the AAD (Appeal). On December 16, 2014, a hearing was held on the Appeal. On April 15, 2015, the hearing officer issued a Decision and Order that upheld the NOV and denied the Appeal. The link to the Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/12002DE.pdf. To date, 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.

February 22, 2016 - Underground Storage Tank File No. 2013-03016 and Superior Court File No. PC 16-0783 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Bassam Naiefeh for property located at 717 Park Avenue, Assessor's Map/Plat 16/1, Lot 2162 in the city of Cranston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks used for the storage of petroleum products. BJ Enterprises, LLC owns the property. On August 1, 2012, the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for BJ Enterprises, LLC. The Defendant is the last known manager of the corporation. On April 14, 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/triplea414.pdf. The Defendant did not file an appeal of the NOV with the AAD. To date, 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 and pay the administrative penalty assessed in the NOV.

February 22, 2016 - Underground Storage Tank File No. 2013-01793 and Superior Court File No. PC 16-0782 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Bassam Naiefeh for property located at 135 Putnam Avenue, Assessor's Plat 40, Lot 100 in the town of Johnston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks used for the storage of petroleum products. RJJJ ENTERPRISES, LLC owns the property. On April 22, 2013, the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for RJJJ ENTERPRISES, LLC. The Defendant is the last known manager of the corporation. On April 14, 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/44mini414.pdf. The Defendant did not file an appeal of the NOV with the AAD. To date, 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 and pay the administrative penalty assessed in the NOV.

February 22, 2016 - Underground Storage Tank File No. 2013-76-00591 and Superior Court File No. PC 16-0784 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Amed Choury, in his capacity as president of ASAD ALI, LLC for property located at 823 Newport Avenue, Assessor's Plat 17, Lot 830 in the city of Pawtucket. The property includes a motor fuel filling station and underground storage tanks used for the storage of petroleum products. ASAD ALI, LLC owns the property. On February 25, 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/ali214.pdf. ASAD ALI, LLC did not file an appeal of the NOV with the AAD. On May 14, 2014, the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for ASAD ALI, LLC. The Defendant is the last known president of the corporation. To date, 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 and pay the administrative penalty assessed in the NOV.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.