fpr

February 2019 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 (OC&I) for February 2019. 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 the OC&I used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Rhode Island Department of Environmental Management (RIDEM) Administrative Adjudication Division (AAD). Since most NOVs are contested cases, the OC&I 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 the RIDEM's Office of Customer and Technical Assistance. The OC&I often resolve 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, fax 401-222-3810. 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 20, 2019 – Freshwater Wetland File No. OCI-FW-17-110 re: The Gerald P Zarrella Trust for property located along and near the terminus of Gerald’s Farm Drive, approximately 1,500 feet west of Narrow Lane and approximately 1,430 feet from the intersection of Narrow Lane and South Road, Assessor's Plat 13, Lot 30 in the Town of Exeter, Rhode Island. Respondent owns the property. Gerald P Zarrella (Zarrella) is the Trustee of the Trust. On November 23, 2005, the RIDEM issued a permit to Zarrella to alter freshwater wetlands on the lots that surround the property. The permit did not authorize altering any wetlands located on the property. The OC&I alleges that Respondent violated the permit, Rhode Island's Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV.

February 21, 2019 – Underground Storage Tank File No. OCI-UST-18-6-01488 re: KEARNEY REALTY, LLC for property located at 5682 Post Road, Assessor’s Plat 4, Lot 67-1 in the Town of Charlestown, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). Respondent owns the property and operates the facility dba Michael’s Food Mart. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

February 22, 2019 – Underground Storage Tank File No. OCI-UST-18-48-01315 re: LMG Rhode Island Holdings, Inc. and The Providence Journal Company for property located at 204 Kinsley Avenue (also identified as 210 Kinsley Avenue), Assessor’s Plat 26, Lot 248 in the City of Providence, Rhode Island. The property includes industrial/commercial structures and underground storage tanks that are used for storage of petroleum product (facility). LMG Rhode Island Holdings, Inc. owns the Property. The Providence Journal Company operates the facility. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

February 26, 2019 – Underground Storage Tank File No. OCI-UST-18-19-01866 re: Conanicut Marine Services, Inc. for property located on Conanicus Avenue in the Town of Jamestown, Rhode Island. The property includes a pier, a motor fuel dispensing system and underground storage tanks that are used for storage of petroleum product (facility). Respondent operates the facility and owns the tanks. The OC&I alleges that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

February 27, 2019 – Underground Storage Tank File No. OCI-UST-18-51-00506 re: CARPARELLI ENTERPRISES, L.L.C., BRITLEY, INC. and 7-ELEVEN, INC. for property located at 11-13 Post Road, Assessor’s Plat 98, Lot 105 in the Town of Westerly, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). CARPARELLI ENTERPRISES, L.L.C. owns the Property. BRITLEY, INC. and 7-ELEVEN, INC. operate the facility. The OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

Formal Enforcement Actions Settled or Resolved:

February 14, 2019 – Underground Storage Tank File No. 2017-43-00105 re: METROPOLITAN OIL CO., INC. for property located at 1086 Main Street, Assessor’s Plat 17, Lot 41 in the Town of West Warwick, Rhode Island. The property includes a petroleum product storage and dispensing system and underground storage tanks used for the storage of petroleum products (facility). Respondent owns the property and operates the facility. On October 18, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the Rhode Island Code of Regulations titled Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to a hearing on the NOV, the property was sold and Respondent paid a reduced penalty of $5,000, which resolved the NOV with regards to Respondent. The work required in the Order section of the NOV is being undertaken by the current owner and has been consented to by the OC&I and the new owner in a separate agreement.

Superior Court Actions Issued:

February 19, 2019 – Dam File No. State I.D. 121 (Sprague Lower Reservoir Dam) and OCI-DAMS-17-5 and Superior Court File No. PC-2019-1492 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant LAKE WIONKHEIGE IMPROVEMENT ASSOCIATION for a dam located approximately 250 feet southwest of the intersection of Tomahawk Trail and Arrowhead Trail in the Town of Smithfield, Rhode Island. The dam is classified by the RIDEM as High Hazard. Defendant owns the dam. On September 8, 2017, the RIDEM issued an NOV to Defendant alleging that the dam is unsafe and that Defendant violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Defendant did not file an appeal of the NOV and did not comply with the NOV. On February 19, 2019, the RIDEM filed a complaint in Superior Court asking the court to order Defendant to comply with the NOV. View the Complaint.

February 19, 2019 – Dam File No. State I.D. 320 (Stone Pond Dam) and OCI-DAMS-13-82 and OCI-DAMS-15-6 and Superior Court File No. PC-2019-1462 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants 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, Rhode Island. The dam is classified by the RIDEM as High Hazard. Defendants own the dam. On August 2, 2016, the RIDEM issued an NOV to Defendants alleging that the dam is unsafe and that Defendants violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Defendants did not file an appeal of the NOV and did not comply with the NOV. On February 19, 2019, the RIDEM filed a complaint in Superior Court asking the court to order Defendants to comply with the NOV. View the Complaint.

February 19, 2019 – Dam File No. State I.D. 572 (Wilbur Pond Dam) and OCI-DAMS-13-85 and OCI-DAMS-15-8 and Superior Court File No. PC-2019-1480 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant TILLINGHAST HOLDING CO., LLC. for a dam located approximately 4,500 feet north of the intersection of George Washington Trail and Putnam Pike, approximately 2,000 linear feet west of George Washington Trail, Assessor's Plat 259, Lot 1, in the Town of Burrillville, Rhode Island. The dam is classified by the RIDEM as High Hazard. Defendant owns the dam. On May 24, 2016, the RIDEM issued an NOV to Defendant alleging that the dam is unsafe and that Defendant violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Defendant did not file an appeal of the NOV and did not comply with the NOV. On February 19, 2019, the RIDEM filed a complaint in Superior Court asking the court to order Defendant to comply with the NOV. View the Complaint.

February 19, 2019 – Dam File No. State I.D. 003 (Wilson Reservoir Dam) and OCI-DAMS-13-94 and Superior Court File No. PC-2019-1486 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants WILSON RESERVOIR ASSOCIATION and Bernard Crodeau, in his capacity as President of WILSON RESERVOIR ASSOCIATION for a dam located approximately 2,100 feet west of the intersection of East Wallum Lake Road and Wallum Lake Road, approximately 100 feet north of Wallum Lake Road, Assessor's Plat 156, Lot 64, in the Town of Burrillville, Rhode Island. The dam is classified by the RIDEM as High Hazard. WILSON RESERVOIR ASSOCIATION owns the dam. On April 22, 2016, the RIDEM issued an NOV to Defendant WILSON RESERVOIR ASSOCIATION alleging that the dam is unsafe and that Defendant violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Defendant did not file an appeal of the NOV and did not comply with the NOV. On February 19, 2019, the RIDEM filed a complaint in Superior Court asking the court to order Defendants to comply with the NOV. View the Complaint.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.