February 2018 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 2018. 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 Angela Spadoni at 401-222-4700 ext. 7307. 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 13, 2018 - OWTS File No. 14-83 re: Michael Brennan for property located at 21 Breach Drive, Assessor's Plat 156, Lot 38 in the Town of Westerly, Rhode Island. The property includes a single-family residence and is owned by Respondent. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

February 26, 2018 - OWTS File No. 17-53 re: James P. Tiernan for property located at 20 West Allenton Road, Assessor's Plat 73, Lot 32 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence and is owned by Respondent. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

Formal Enforcement Actions Settled or Resolved:

February 7, 2018 - Hazardous Waste File No. 16-53 re: Stephen A. Cary d/b/a Cary Construction Company, Inc. for a property located at 7 Englewood Lane in the City of Warwick, Rhode Island. The property includes a residence used for the operation of a construction company. On January 11, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated Rhode Island's Oil Spill Pollution Prevention and Control Act and the RIDEM's Oil Pollution Control Regulations. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a reduced penalty of $4,000.

February 8, 2018 - Dams File Nos. State I.D. 426 (Peace Dale Pond Dam) and 13-58 re: Palisades Mill, LLC for a dam located approximately 260 feet north of the intersection of North Road and Kingstown Road, approximately 300 feet east of North Road, Assessor's Plat 49-4, Lot 141 in the Town of South Kingstown, Rhode Island. The dam is classified by the RIDEM as High Hazard. Respondent owns the dam. On January 3, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Dam Safety. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV.

February 27, 2018 - OWTS File No. 15-71 and CI09-70 re: Fadette Vilson for property located at 27 Highland Road, Assessor's Plat 9, Lot 521 in the Town of Cumberland, Rhode Island. The property includes a 4-bedroom dwelling that was owned by Respondent at the time the NOV was issued. On June 7, 2010, 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. View the NOV. Respondent failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. The property was sold to Joao L. DePina (DePina). As a condition of the sale, the RIDEM and DePina executed a Consent Agreement to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.