July 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 July 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:

July 25, 2016 - 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 the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

July 26, 2016 - Water Pollution File No. OCI-WP-14-95 and RIPDES No. RI0100072 re: The Narragansett Bay Commission. The Respondent operates a wastewater treatment facility located at 102 Campbell Avenue in the city of East Providence. On December 31, 2001, the RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) Permit Number RI0100072 (Permit) to the Respondent. The Permit authorizes the Respondent to discharge treated wastewater from the facility to the Seekonk River. On January 30, 2002, the Respondent filed an appeal of the Permit and moved to stay certain conditions of the Permit (Appeal). On February 1, 2002 the Permit went into effect for all conditions not stayed pursuant to the Appeal. On January 12, 2004 the RIDEM and the Respondent executed a Consent Agreement to resolve the Appeal (2004 Agreement). The 2004 Agreement remains in full force and effect. On February 1, 2007 the Permit expired. The Respondent submitted a timely and complete Permit reapplication, and pursuant to the RIDEM's RIPDES Regulations the expired Permit remains in full force and effect. The OC&I alleges that the Respondent is in violation of Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's RIPDES Regulations for failing to comply with the Permit and the 2004 Agreement.

July 29, 2016 - Dam File Nos. 409 (State Street Pond Dam) and 13-75 re: Town of Bristol for a dam located approximately 2,120 feet west of Metacom Avenue and State Street, approximately 150 feet south of State Street, in the town of Bristol. The dam is classified by the RIDEM as Significant Hazard. The town of Bristol owns the dam. The OC&I alleges that the dam is unsafe and that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

Formal Enforcement Actions Settled or Resolved:

July 6, 2016 - Air Pollution File No. 16-10 re: Quarter Moon, Incorporated for a facility located at 200 High Point Avenue in the town of Portsmouth. The Respondent was issued an operating permit from the RIDEM to emit pollutants to the atmosphere from the facility. On May 12, 2016, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Air Pollution Control Regulations and the permit. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/qmoon516.pdf. The Respondent did not file an appeal of the NOV with the AAD. The Respondent paid the full penalty of $1,500 assessed in the NOV, which fully resolved the NOV.

July 6, 2016 - Underground Storage Tank File No. 2015-27-03413 re: Rhode Island Convention Center Authority for a property located at the corner of West Exchange Street and Sabin Street in the city of Providence. The property includes a convention center and an underground storage tank used for the storage of petroleum product (facility). The Respondent owns the property and operates the facility. On December 10, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent 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/convcen1215.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with paragraphs 2 through 7 of the Order section of the NOV and obtained a variance from the RIDEM (Variance Approval) to comply with paragraph 1 of the NOV. To resolve the NOV, the OC&I and the Respondent executed a Consent Agreement. The Respondent agreed to fully comply with the Variance Approval and paid a penalty of $3,250.

July 6, 2016 - Freshwater Wetland File No. FW C12-0024 re: Raymond F. Acciardo and Marie E. Acciardo for property located approximately 250 feet north of Hartford Avenue, approximately 300 feet north/northeast of (and opposite) the intersection of Hartford Avenue and Dix Avenue and City View Parkway, Assessor's Plat 21, Lots 493, 494, 496, 498, 500, 502, 504, 506, 508, 510, 512, 514, and 515 in the town of Johnston. The Respondents jointly owned Lots 498, 500, 502, 504, 506, 508, 510, 512, 514, and 515. Raymond Acciardo owns Lots 493, 494, and 496. On July 10, 2012, 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 for 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/acciardo712.pdf. The Respondents filed an appeal of the NOV with the AAD. In January 2015, Mrs. Acciardo died. In that same month, the OC&I received a plan to restore the wetlands that were altered (Wetland Restoration Plan). Prior to an administrative hearing on the NOV, the OC&I and Mr. Acciardo executed a Consent Agreement to resolve the NOV. Mr. Acciardo agreed to restore the altered wetlands in accordance with the Wetland Restoration Plan within 12 months. Mr. Acciardo presented financial records to the OC&I that demonstrated that he had no ability to pay any of the administrative penalty assessed in the NOV, so the administrative penalty was waived.

July 6, 2016 - Site Remediation File No. 14-3 re: Discount Disposal & Demo, Inc. for property located at 10 Lockwood Street in the town of West Warwick. On August 14, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Oil Spill Pollution Prevention and Control Act and the RIDEM's Oil Pollution Control Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/discount814.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 Respondent agreed to pay an administrative penalty of $8,000, which was paid upon execution of the Agreement.

July 26, 2016 - OWTS File No. 14-251 re: Salvatore Parente, Carmen Parente, and Ralph N. Shippee for property located at 226 Raccoon Run Road, Assessor's Plat 318, Lot 93 and an abutting property on Hill Farm Road, Assessor's Plat 318, Lot 104 in the town of Coventry. Plat 318, Lot 93 includes a residential dwelling and is owned by Salvatore Parente and Carmen Parente (Parentes Property). Plat 318, Lot 104 is vacant land and is owned by the Ralph N. Shippee Trust (Shippee Property). On April 13, 2015, the OC&I issued an NOV to the Respondents alleging that the Respondents 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/parente415.pdf. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV as it pertained to Salvatore Parente and Carmen Parente, the Respondents constructed a new OWTS as evidenced by the issuance of a Certificate of Conformance by the RIDEM to fully comply with the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

July 27, 2016 - Water Pollution File No. WP 12-9 and WP 10-049 and Superior Court File No. PC-2015-0890 re: Plaintiffs Janet L. Coit, Director, RIDEM and Peter F. Kilmartin, Attorney General, State of Rhode Island vs. Rhode Island Recycled Metals, LLC, Edward Sciaba, Sr. and AARE, LLC for property located at 434 Allens Avenue, Assessor's Plat 47, Lot 601 and 444 Allens Avenue, Assessor's Plat 55, Lot 10 in the city of Providence. A business engaged in the recycling of metal operates at the property (Facility). Rhode Island Recycled Metals, LLC (RIRM) operates the Facility. Edward Sciaba is the on-site manager of and for RIRM. AARE, LLC (AARE) owns the property. AARE acquired the property on April 16, 2014 from ACR Realty, LLC (ACR). ACR was the owner of the property at all times relevant to this matter prior to the transfer of ownership to AARE. On May 7, 2012, the RIDEM issued an NOV to ACR and RIRM alleging that the Defendants violated Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations, RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System, and RIDEM's Oil Pollution Control Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/rirm512.pdf. The Defendants filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, on July 25, 2013, the RIDEM, RIRM and ACR executed a Consent Agreement to resolve the NOV. The link to the Agreement can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/rirecycl713.pdf. On August 6, 2013, the Agreement was recorded in the land evidence records and was binding upon all successors to ACR. The Defendants paid the $25,000 cash penalty, but failed to comply with any of the other terms of the Agreement. On March 4, 2015, the RIDEM and the Attorney General filed a complaint in Superior Court asking the court to order the Defendants to comply with the Agreement and pay a stipulated penalty of $750 per day for each day during which the noncompliance continued, starting on October 1, 2014. On March 20, 2015 and April 17, 2015, the Court signed a Consent Order and an Interim Preliminary Injunction, respectively, which restrained the Defendants from conducting certain activities on the Property. On July 27, 2016, the Court signed an Order Appointing Special Master, who is charged with developing a plan to resolve all the environmental issues at the Property and, upon approval of the plan by the Court, implement the plan. The Special Master is authorized to engage any professionals he deems necessary to develop and implement the plan. The Defendants are required to pay all costs associated with the plan. As security for payment of the costs, the Defendants are required to deposit $50,000 into an escrow account to be held pending Court approval of the Special Master's costs and replenish the escrow account to $50,000.