June 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 June 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:

June 12, 2017 - Underground Storage Tank File No. 2016-73-00610 re: RIVERSIDE CLEANSERS CO., INC. and ROZI, LLC for property located at 970 Willet Avenue, Assessor's Map 513, Block 25, Parcels 1 and 2 in the city of East Providence. The property includes a motor fuel storage and dispensing system and a convenience store and underground storage tanks used for the storage of petroleum products (facility). RIVERSIDE CLEANSERS CO., INC. owns the property. ROZI, LLC operates the facility. The OC&I alleges that Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

June 15, 2017 - Dam File No. State I.D. 401 (Lake Washington Dam) and 16-23 re: LAKE WASHINGTON ASSOCIATION for a dam located approximately 2,000 feet south of the intersection of Route 44 (Putnam Pike) and Lake Washington Drive, approximately 50 feet east of Lake Washington Drive in the town of Glocester. The dam is classified by the RIDEM as High Hazard. Respondent owns the dam. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

Formal Enforcement Actions Settled or Resolved:

June 22, 2017 - Freshwater Wetlands File No. C94-0216 re: Littlefield & Sons, Ltd., A. Verna Littlefield, and Everett R. Littlefield, Sr. for property located approximately 20 feet north of Old Town Road, at Utility Pole Number 17 and Fire Number 0049, approximately 800 feet southeast of the intersection of Old Town Road and Connecticut Avenue, Assessor's Plat 17, Lot 43 in the town of New Shoreham. A. Verna Littlefield is the owner of the property. Littlefield & Sons, Ltd. operates a propane gas distribution business on the property. The Vice President of Littlefield & Sons, Ltd. is Everett R. Littlefield, Sr. On July 25, 2003, the RIDEM issued a permit to A. Verna Littlefield to alter wetlands to construct a garage and remove a shed. On January 12, 2010, the OC&I issued an NOV to Respondents alleging that 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 violation pertained to filling (in the form of soil material, crushed stone, large concrete blocks, concrete median barriers, and other various materials), grading, creating general soil disturbance, creating a parking and storage area, installing a chain link fence, and storing equipment and materials within Riverbank Wetland; filling (in the form of soil material, crushed stone, and other various materials), grading, creating general soil disturbance, installing a chain link fence, and storing equipment and materials within an Emergent Plant Community; and excavation, clearing, and creating soil disturbance within a Stream. This activity resulted in the unauthorized alteration of about 4,100 square feet of freshwater wetlands, all of which was undertaken beyond the limits of disturbance authorized under the permit. The violation was first observed during an inspection of the property on January 6, 2006. Everett Littlefield, Sr. informed the RIDEM inspector at the time of the inspection that he had cleared and excavated the Stream by hand. The RIDEM had issued a previous notice to Everett Littlefield, Sr. on August 16, 1994 for alterations of the same freshwater wetlands. Mr. Littlefield failed to fully comply with the notice. In the NOV, the OC&I ordered Respondents to cease further alterations of freshwater wetlands and restore the freshwater wetlands on the property. The OC&I assessed an administrative penalty of $900 against Littlefield & Sons, Ltd, $900 against A. Verna Littlefield, and $800 against Everett R. Littlefield, Sr. Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Respondents executed a Consent Agreement to resolve the NOV.

June 27, 2017 - Freshwater Wetlands File No. C04-0006 re: Michael Cloud for property located approximately 250 feet north of Frenchtown Road, approximately 500 feet east northeast of the intersection of Frenchtown Road and Huguenot Drive at house number 875 Frenchtown Road, Assessor's Plat 16, Lot 137, in the town of East Greenwich. On January 4, 2006, the OC&I issued an NOV to Michael Cloud (Cloud) alleging that Cloud violated Rhode Island’s Freshwater Wetlands Act and the RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. Cloud owned the property at the time the NOV was issued. The violation pertained to clearing, filling (in the form of a rock wall, electrical supply lines, sprinkler system, and mulch) and installing a lawn within Riverbank Wetland, portions of which are also Floodplain. This activity resulted in the unauthorized alteration of approximately 8,000 square feet of freshwater wetland. In the NOV, Cloud was ordered to restore the altered wetlands. The OC&I assessed a penalty of $1,800. Cloud did not file an appeal of the NOV. Cloud paid the administrative penalty, but did not restore the freshwater wetlands as ordered in the NOV. The NOV was recorded in the land evidence records. On July 25, 2008, Peter Rosiello and Monique Rosiello (Rosiellos) purchased the property. On July 14, 2010, the OC&I inspected the property and determined that the freshwater wetlands were restored as ordered in the NOV. On March 13, 2017, the OC&I reviewed aerial photographs of the property that revealed that additional alterations of the freshwater wetland that was the subject of the NOV had been undertaken (in a different location) prior to and subsequent to Rosiellos purchase of the property without the approval of the RIDEM. In lieu of issuing a separate NOV to the Rosiellos for the new violations, the OC&I and the Rosiellos executed a Consent Agreement to resolve the new violations.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.