February 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 February 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:

February 17, 2017 - OWTS File No. 16-76 re: Brian Giblin for property located at 23 Bailey Pond Road, Assessor's Plat 41, Lot 13 in the town of West Greenwich. The property includes a residential dwelling 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.

February 20, 2017 – Site Remediation File No. 2016-1 re: HARAMOS REALTY, LLC for property located at 2258 Flat River Road in the town of Coventry. Respondent owns the property. The OC&I alleges that Respondent is in violation of Rhode Island’s Oil Pollution Control Act and the RIDEM's Oil Pollution Control Regulations.

February 21, 2017 - OWTS File No. 16-57 re: James W. Morgan for property located at 127-129 Yorktown Road, Assessor's Plat 148, Lot 103 in the town of North Kingstown. The property includes a residential dwelling 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.

February 27, 2017 - Dam File No. State I.D. 127 (Belknap Pond Dam) and 14-63 re: Fred A. Gott, Jr., Jane H. Gott and Carl Gott for a dam located approximately 250 feet north of the intersection of Greenville Avenue and Pine Hill Avenue, approximately 285 feet northwest of Pine Hill Avenue, Assessor's Plat 50, Lot 8 in the town of Johnston. The dam is classified by the RIDEM as Significant Hazard. Respondents own the dam. The OC&I alleges that Respondents are in violation of the RIDEM's Rules and Regulations for Dam Safety.

Formal Enforcement Actions Settled or Resolved:

February 1, 2017 - OWTS File No. 16-14 re: Donna Hammann for property located at 21 Breezy Lake Drive, Assessor's Plat 70, Lot 81 in the town of Coventry. The property includes a residential dwelling and is owned by Respondent. On July 25, 2016, the OC&I issued an NOV to Respondent alleging that 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 is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hammann716.pdf. Respondent did not file an appeal of the NOV with the AAD. Respondent complied with the Order section of the NOV and the OC&I waived the administrative penalty assessed in the NOV (based on a review of documents provided by Respondent).

February 14, 2017- Air Pollution File No. 16-253 re: City of Woonsocket. Respondent owns the Woonsocket Regional Wastewater Treatment facility located at 15 Cumberland Hill Road in the city of Woonsocket. Synagro Woonsocket LLC operates the facility on behalf of Respondent. Respondent was issued a permit from the RIDEM to emit pollutants to the atmosphere from the facility. On November 10, 2016, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Air Pollution Control Regulations and the permit. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/woonsock1116.pdf. Respondent did not file an appeal of the NOV with the AAD and fully complied with the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

February 15, 2017- OWTS File No. 14-125 and Superior Court File No. PC-2016-4233 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Stella H. Walden for property located at 235 Putnam Pike, Assessor's Plat 17, Lot 76 in the town of Glocester. The property includes a residential dwelling and is owned by Defendant. On November 28, 2014, the OC&I issued an NOV to Defendant alleging that Defendant 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/walden1114.pdf. Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On September 7, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. The link to the Superior Court complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/walden916.pdf. On February 15, 2017, the Court entered an Order by agreement of the parties. The Order requires Defendant to keep the OWTS pumped as needed to prevent sewage overflows to the ground surface, cease laundry use, limit occupancy to no more than 4 persons and repair the OWTS by December 31, 2017 in accordance with the plan approved by the RIDEM. The administrative penalty of $1,400 is also due and owing.