June 2018 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 2018. 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 Angela Spadoni at 401-222-4700 ext. 7307. 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, 2018 – Underground Storage Tank File No. 2018-38-03190 re: GALILEE FUEL SERVICES, INC. for property located on Great Island Road in the Town of Narragansett, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). Respondent owns the tanks and operates the facility. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

June 20, 2018 – Hazardous Waste File No. 17-67 re: Prosys Finishing Technologies, Inc. for a property located at 1420 Elmwood Avenue in the City of Cranston, Rhode Island. A section of the property includes a facility used for the receipt, distribution and manufacturing of chemical solutions and powders primarily involving the manufacture of surfactants and products for the electroplating industry (facility). Respondent operates the facility. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste. View the NOV.

Formal Enforcement Actions Settled or Resolved:

None issued this month.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

June 19, 2018 – Underground Storage Tank File No. 2014-24-00535 and Superior Court File No. PC2018-0090 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Ahmed Choudhry for property located at 5300 Post Road in the Town of Charlestown, Rhode Island. The property includes a former gasoline service station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). ASAD ALI, LLC owns the property. On January 17, 2014 the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for ASAD ALI, LLC. Defendant is the last known president of the corporation. On June 24, 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 filed an appeal of the NOV with the AAD. On May 29, 2015, the OC&I and Defendant executed a consent agreement to resolve the NOV. View the Agreement. Defendant failed to comply with the agreement. On January 8, 2018, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint. On June 19, 2018, prior to a hearing on the complaint, the RIDEM and Defendant entered into an agreement that was signed by the Court. The Consent Order requires Defendant to perform quarterly groundwater monitoring for 1 year and submit the results to the RIDEM.