June 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 June 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:

June 7, 2016 - Water Pollution File No. OCI-WP-16-15 and RIPDES No. RIR040031 re: City of Warwick. On December 19, 2003, the RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit Number RIR040031 entitled "Storm Water Discharge for Small Municipalities Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s" (General Permit). The General Permit authorizes the discharge of storm water from a small municipal storm sewer system (MS4) that is operated by a municipality. On March 17, 2004, the Respondent obtained coverage under the General Permit. 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 numerous requirements of the General Permit.

June 9, 2016 - Hazardous Waste File No. OCI-HW-14-42, 14-46 and 14-49 re: The Stop & Shop Supermarket Company, LLC for pharmacies located at 11 Commerce Way in the town of Johnston, 300 Quaker Lane in the city of Warwick and 91 Point Judith Road in the town of Narragansett. The Respondent is registered with the RIDEM as of September 2014 and February 2015 as a conditionally exempt small quantity hazardous waste generator at each of the pharmacies. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations at each of the pharmacies.

Formal Enforcement Actions Settled or Resolved:

June 7, 2016 - Water Pollution File No. OCI-WP-16-15 and RIPDES No. RIR040031 re: City of Warwick. On December 19, 2003, the RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit Number RIR040031 entitled "Storm Water Discharge for Small Municipalities Separate Storm Sewer Systems and from Industrial Activity at Eligible Facilities Operated by Regulated Small MS4s" (General Permit). The General Permit authorizes the discharge of storm water from a small municipal storm sewer system (MS4) that is operated by a municipality. On March 17, 2004, the Respondent obtained coverage under the General Permit. On June 7, 2016, the OC&I issued an NOV to the Respondent alleging that the Respondent violated Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's RIPDES Regulations for failing to comply with numerous requirements of the General Permit. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/warstorm616.pdf. In lieu of proceeding to an administrative hearing or other legal actions on the NOV, the OC&I and the Respondent executed a Consent Agreement to resolve the NOV. The Respondent agreed to come into compliance with the six minimum measures in the General Permit by October 31, 2019 and come into full compliance with the General Permit by December 31, 2030. In lieu of payment of a cash penalty to the RIDEM, the Respondent agreed to perform six Supplemental Environmental Projects (SEPs) valued at $231,000.

June 8, 2016 - Septic System File OWTS-12-79 and CI 12-63 re: Daniel G. Raboin for property located at 10 Pine Avenue, Assessor's Plat 30, Lot 51 in the town of Coventry. The property includes a residential dwelling and was owned by the Respondent. On November 20, 2012, 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/raboin1112.pdf. The Respondent did not file an appeal of the NOV with the AAD. The property was foreclosed upon, and the new owner fully complied with the NOV, including payment of the full penalty of $1,400 assessed in the NOV.

June 13, 2016 - AIR File No. 15-03 and OCI-AIR-15-41 re: Quarter Moon, Incorporated for a facility located at 200 Highpoint Avenue in the town Portsmouth. The facility is used for the manufacturing of sailboats and is owned by the Respondent. On September 16, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Air Pollution Control Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/quarter915.pdf. The Respondent filed an appeal of the NOV with the AAD. The Respondent filed documents with the OC&I to support its argument that it had no ability to pay any portion of the administrative penalty assessed in the NOV. The OC&I reviewed the documents, which supported the Respondent's argument. For this reason the OC&I waived the administrative penalty.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

June 2, 2016 - Dam File No. 727 (Bowdish Lower Dam) and Superior Court File No. PC 16-0455 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Lynda Marshall-Schmidt for property located south of Richardson Clearing Trail and north of S. Atlantic Avenue in the town of Glocester. The property includes a dam and associated spillway. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. On April 9, 2012, 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/bowdlow412.pdf. The Defendant filed an appeal of the NOV with the AAD (Appeal). On December 16, 2014, a hearing was held on the Appeal. On April 15, 2015, the hearing officer issued a Decision and Order that upheld the NOV and denied the Appeal. The link to the Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/12002DE.pdf. The Defendant failed to comply with the NOV. On February 2, 2016, the RIDEM filed a complaint in the Superior Court asking the court to order the Defendant to comply with the NOV. On June 2, 2016, the Court entered a Final Judgment ordering the Defendant to comply with the NOV within 180 days.

June 23, 2016 - Solid Waste File No. 2014-15 and Superior Court File No. PC 16-1150 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Kenlin Properties, LLC for property located at 1 Dexter Road, Assessor's Map 304, Block 1, Lot 1, Unit 10 in the city of East Providence. The property included a facility that was engaged in the processing of 50 tons per day or less of construction and demolition (C&D) debris. Defendant Kenlin Properties, LLC (Kenlin) owns the property. Railside Environmental Services, LLC (RES) operated the facility. On or about October 7, 2013, RES submitted to the RIDEM an operating plan and closure plan for the facility. On October 29, 2013, the RIDEM approved the operating plan and closure plan and issued RES its registration. The registration required RES to: operate in accordance with its operating plan; receive no more than 50 tons per day of C&D; receive only C&D; and immediately remove and segregate any co-mingled non C&D waste inadvertently received in a C&D load in a secure roll-off. The operating plan required RES to maintain a maximum of four separate piles on the property at all times (three piles consisting of C&D and one pile consisting of woodchips), with the total amount of C&D limited to 523 cubic yards and the total amount of woodchips limited to 74 cubic yards. The closure plan required RES to limit in size the storage of unprocessed and/or processed C&D debris stockpiles to the financial assurance posted for the closure cost, which is $37,000. On August 22, 2014, the OC&I issued an NOV to Defendant Kenlin and RES alleging that Defendant Kenlin and RES violated Rhode Island's Refuse Disposal Act and the RIDEM's Solid Waste Regulations. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/railside814.pdf. Defendant Kenlin filed an appeal of the NOV with the AAD. RES did not file an appeal of the NOV with the AAD. On November 23, 2015, the OC&I and Defendant Kenlin entered into a Consent Order to solely resolve the Order section of the NOV. The administrative penalty section of the NOV is still pending at the AAD. Defendant Kenlin failed to comply with the Consent Order. On March 11, 2016, the RIDEM filed a complaint in Superior Court complaint asking the Court to order Defendant Kenlin to comply with the Consent Order. On June 23, 2016, the Court entered an Order by agreement of the parties. The Order stated that Defendant Kenlin shall remove all waste on the property by July 5, 2016 and if all the waste is not removed by that date, penalties of $250 per day shall begin accruing on July 6, 2016.