July 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 July 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:

July 26, 2017 – Solid Waste File No. 2016-53 re: DARLING DEVELOPMENT CORPORATION and R J Souto Disposal Service for property located at 30 Argyle Avenue in the city of East Providence. DARLING DEVELOPMENT CORPORATION (DDC) owns the property. DDC operates a residential apartment building on the property and leases apartments to multiple tenants. DDC has a contract with R J Souto Disposal Service to dispose of the non-municipal residential solid waste. The OC&I alleges that Respondents are in violation of the RIDEM’s Rules and Regulations for Reduction and Recycling of Commercial and Non-Municipal Residential Solid Waste.

Formal Enforcement Actions Settled or Resolved:

July 24, 2017 - Underground Storage Tank File No. 2016-57-00850 re: Souad Tashian Trust Agreement 2004 for property located at 3333 South County Trail, Assessor's Plat 18, Lot 40 in the town of East Greenwich. The property includes a service station, a convenience store and a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum products. On January 13, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Respondent executed a Consent Agreement to resolve the NOV.

July 25, 2017 - OWTS File No. CI09-118 re: Margery A. Fogarty for property located at 40 Glenside Road, Assessor's Plat 15, Lot 16 in the town of Cumberland. The property includes a 2-bedroom dwelling that was owned by Respondent. On June 25, 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 did not file an appeal of the NOV with the AAD and did not comply with the NOV. Respondent died, and the executor of her estate fully complied with the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

May 25, 2017 - Underground Storage Tank File No. 2014-14-02650 and Superior Court File No. PC 2016-1843 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Earle's Service Station, Inc. for property located at 35 Meeting House Lane in the town of Little Compton. The property includes a convenience store and motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Defendant owns the property and operates the facility. On July 2, 2014, the OC&I issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV. Defendant did not file an appeal of the NOV with the AAD and failed to comply with the NOV. On April 25, 2016, the RIDEM filed a complaint in the Superior Court asking the Court to order Defendant to comply with the NOV. View the complaint. Prior to a hearing on the complaint, Defendant complied with the Order section of the NOV and the RIDEM and Defendant entered into an agreement that was signed by the Court. The Consent Order requires Defendant to pay an administrative penalty of $6,000 in quarterly payments of $750 beginning on June 1, 2017.