January 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 January 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:

January 5, 2016 - Underground Storage Tank File No. 2014-74-00544 re: 75 Goff Ave Realty Trust for a property located at 42 Dexter Street (a/k/a 75 Goff Avenue), Assessor's Plat 44, Lot 493 in the city of Pawtucket. The property includes a gasoline service station and underground storage tanks used for the storage of petroleum product. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

January 6, 2016 - Solid Waste File No. 2014-35 re: P I T 75 Realty, LLC for a property located off of New London Turnpike, Assessor's Plat 8, Lot 9 in the town of Coventry. The property is a quarry. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of Rhode Island's Refuse Disposal Act and the RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities.

January 8, 2016 - Underground Storage Tank File No. 2015-23-01327 re: D & P Holdings, LLC and VALLY AUTO SERVICE, INC. for a property located at 517 Warren Avenue, Assessor's Map 307, Block 9, Parcel 1 in the city of East Providence. The property includes a former gasoline filling station and underground storage tanks that were used for the storage of petroleum product (facility). D & P Holdings, LLC owns the property. VALLY AUTO SERVICE, INC. operated the facility. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

Formal Enforcement Actions Settled or Resolved:

January 4, 2016 - Hazardous Waste File No. OCI-HW-13-119 re: PRESCRIPTION COMPOUNDING SPECIALISTS OF RHODE ISLAND, INC. for a facility located at 1145 Reservoir Avenue in the city of Cranston. The facility is used for the compounding and mixing of pharmaceuticals for prescriptions and is operated by the Respondent. On August 20, 2016, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/prescrip815.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent provided documents to the OC&I that demonstrated that the alleged violations were minor and warranted a much reduced penalty, which the Respondent paid to resolve the NOV.

January 6, 2016 - Water Pollution File Nos. 12-94 and 12-076 X-ref RIPDES RI0020168 re: Medical Homes of Rhode Island, Inc. for a facility located at 49 Old Pocasset Road in the town of Johnston. The Respondent was the holder of Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit No. RI0020168. The permit authorized the Respondent to discharge treated sanitary wastewater from the facility to an unnamed tributary to Dry Brook. On November 21, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the Rhode Island Water Pollution Act, RIDEM's Water Quality Regulations, and RIDEM's RIPDES Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/briar1113.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. The Consent Agreement also resolved alleged violations of a prior Consent Agreement executed between the RIDEM and the Respondent on April 24, 2012 and alleged freshwater wetland violations first identified by the RIDEM on January 21, 2014.

January 12, 2016 - Dam File No. 425 (Wakefield Pond Dam) re: Town of South Kingstown for property located north of the intersection of High and Main Streets, in the town of South Kingstown. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. On June 20, 2011 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/wake611.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.

January 26, 2016 - Freshwater Wetland File No. C09-115 re: Brian and Corinne Fielding for property located at 2541 Ministerial Road, Assessor's Plat 38, Lot 9 in town of South Kingstown. The Respondents own the property. On July 28, 2010, the OC&I issued an NOV to the Respondents alleging that the Respondents violated Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations 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/fielding.pdf. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV.

January 27, 2016 - OWTS File No. CI09-137 re: OBF, LLC for property located at 25 Simmons Road, Assessor's Plat 29, Lot 18 in the town of Little Compton. OBF, LLC owns the property. The property includes a 3-bedroom dwelling. On June 25, 2010, 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 violations pertained to the overflow of sewage from the onsite wastewater treatment system that serves the dwelling on the property to the surface of the ground. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/obf.pdf. The Respondent did not file an appeal of the NOV with the AAD. In lieu of proceeding to Superior Court to enforce the NOV, the Respondent fully complied with the Order in the NOV. The Respondent argued that it did not receive the NOV, and as the file could not be located, the OC&I agreed to waive the administrative penalty assessed in the NOV.

January 28, 2016 - OWTS File 13-48 re: Karen A. McCoy for property located at 6 Beaton Street in the town of Coventry. The property includes a residential dwelling and was owned by the Respondent. On December 3, 2013, 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/mccoy1213.pdf. The Respondent did not file an appeal of the NOV with the AAD. The property was foreclosed, and the new owner fully complied with the NOV.

January 28, 2016 - Hazardous Waste File No. OCI-HW-15-14 re: China Merchant, Inc. (d/b/a Oriental Cleaners) for a facility located at 5627 Post Road in the town of East Greenwich. The facility is used for the dry cleaning of clothing and is operated by the Respondent. On September 10, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/chinamer915.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 in the NOV and paid a reduced penalty.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

January 27, 2016 - Freshwater Wetlands File No. 2007 428 FW and Superior Court File No. PC 12-5550 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant OBF, LLC for property located approximately 200 feet north of Simmons Road, at utility pole No. 20, approximately 800 feet west of the intersection with East Main Road, Assessor's Plat 29, Lot 18, in the town of Little Compton. OBF, LLC owns the property (Craig S. Hibbad, Manager). On September 18, 2007, the OC&I issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. The violations pertained to filling (in the form of at least sand, gravel and rocks), excavating and installing a house foundation with associated building materials within a Swamp-Marsh Wetland Complex, filling (in the form of at least sand, gravel, and rocks) within a Perimeter Wetland, and filling (in the form of eroded sediments) within an Area Subject to Storm Flowage. These activities resulted in the unauthorized alteration of approximately 14,300 square feet of freshwater wetlands. In the NOV, the OC&I ordered the Defendant to restore the altered wetlands except for alterations allowed for normal farming activity. The OC&I assessed an administrative penalty of $5,500. The Defendant filed an appeal of the NOV with AAD. On November 9, 2007, the OC&I inspected the property, which revealed that the Defendant had performed additional filling (in the form of construction debris and other solid waste materials) in the Perimeter Wetland. On February 6, 2008, the RIDEM's Division of Agriculture advised the OC&I that Mr. Hibbad does not meet the definition of a farmer pursuant to R.I. Gen. Laws Sections 2-1-22(i)(1) and (j). In consideration of this information, the OC&I determined that additional violations involving the installation of fencing and clearing within the Swamp-Marsh Wetland Complex and Perimeter Wetland that had been previously documented by the OC&I also represented unauthorized alterations to freshwater wetlands. These violations resulted in the unauthorized alteration of approximately 1.4 acres of the freshwater wetlands. On March 25, 2008, the OC&I issued an Amended NOV to the Defendant that ordered the Defendant to restore all freshwater wetlands. On October 20, 2008, October 21, 2008 and November 5, 2008, an administrative hearing was held at AAD. On April 2, 2009, the AAD hearing officer issued a Decision and Order that was signed by RIDEM's Director that partly upheld the Amended NOV. The Defendant was ordered to restore all the freshwater wetlands as ordered in the Amended NOV except for the fencing, fence posts and other changes made to accommodate normal farming activities, as these activities were done at the direction and under the authorization of the RIDEM's Division of Agriculture. The Defendant was ordered to pay the administrative penalty of $5,500. On March 7, 2011, the OC&I issued a letter to the Defendant with a 6-month deadline to comply with the Decision and Order. On September 24, 2012, the OC&I inspected the property. The inspection revealed that the Defendant failed to comply with the Decision and Order and undertook new, unauthorized alterations to freshwater wetlands in the form of a house top and horse trailer near the rear of the property. On October 25, 2012, the OC&I filed a complaint in Superior Court against the Defendant. In the complaint, the OC&I asked the Court to order the Defendant to comply with the Decision and Order, including restoring the wetlands that were altered in the rear of the property. A hearing was held on November 30, 2012. Neither the Defendant nor his attorney was present. The court issued an Order requiring the Defendant to comply with the Decision and Order by April 30, 2013 with interim deadlines to complete phases of the work. The Defendant was also ordered to pay the administrative penalty of $5,500 by January 31, 2013. The Defendant submitted a plan to restore the altered wetlands, which was approved by the OC&I (Wetland Plan). In 2015, the Defendant restored the wetlands in accordance with the Wetland Plan. In January 2016, the Defendant paid the remaining balance of the $5,500 penalty.