March 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 March 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:

March 30, 2016 - Freshwater Wetlands File No. 14-14 re: J. Albanese Construction Company, Inc. and NORTH-EASTERN TREE SERVICE, INC. for property located west of Old Pocasset Road, near the intersection of Old Pocasset Road and Woodlake Drive in the town of Johnston, Rhode Island. The OC&I alleges that the Respondents are in violation of Rhode Island's Freshwater Wetlands Act and the RIDEM's Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act.

Formal Enforcement Actions Settled or Resolved:

March 2, 2016 - Hazardous Waste File No. OCI-HW-14-102 re: Northland Environmental, LLC for a facility located at 275 Allens Avenue in the city of Providence. The facility is used to operate a Treatment, Storage and Disposal Facility pursuant to the RIDEM's Rules and Regulations for the Management of Hazardous Waste (Hazardous Waste Regulations) and Title 40 of the Code of Federal Regulations (40 CFR) and is operated by the Respondent. On August 17, 2015, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Hazardous Waste Regulations and 40 CFR. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/northlan815.pdf. The Respondent did not file an appeal of the NOV with the AAD. The Respondent fully complied with the Order section of the NOV and paid a penalty of $27,500 to fully resolve the NOV.

March 10, 2016 - OWTS File No. 14-247 re: Rescom E. Peabody, Jr. and Julie Peabody for property located at 830 Third Beach Road, Assessor's Plat 131, Lot 6/B in the town of Middletown. The property includes a bathhouse for a private beach (Peabody's Beach) and is owned by the Respondents. On November 28, 2014, 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/peabody1114f.pdf. The Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a consent agreement to resolve the NOV.

March 10, 2016 - Water Pollution File No. WP 14-115 X-ref RIPDES RIR100995 and FW Permit 07-0236 re: DV I, LLC for property located about 1,500 feet northeast of Old Louisquisset Pike and about 1,800 feet east of its intersection with Eddie Dowling Highway at the "Dowling Village" commercial retail development, utility pole numbers 354 through 374, in the town of North Smithfield. On August 21, 2015, 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, the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System and the RIDEM's Rules and Regulations 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/dvi815.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent paid a penalty of $9,000 to fully resolve the NOV.

March 15, 2016 - OWTS File No. 15-63 re: Steven P. Handy and Monica A. Handy for property located at 89 Longfellow Drive, Assessor's Plat 171, Lot 2 in the town of North Kingstown. The property includes a residential dwelling and is owned by the Respondents. On September 1, 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/handy915.pdf. The Respondents did not file an appeal of the NOV with the AAD. The Respondents complied with the Order section of the NOV and paid a penalty of $200 to fully resolve the NOV.

March 16, 2016 - Air Pollution File No. 15-10 and 15-257 re: Aspen Aerogels Rhode Island, LLC for a facility located at 3 Dexter Street in the city of East Providence. The Respondent was issued approvals from the RIDEM to emit pollutants to the atmosphere from the facility. On February 4, 2016, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Air Pollution Control Regulations and the approvals. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/aspen216.pdf. The Respondent did not file an appeal of the NOV, and paid the full penalty assessed in the NOV to fully resolve the NOV.

March 18, 2016 - Dam File Nos. 068 (Woonsocket Reservoir Dam #3), 070 (Woonsocket Reservoir Dam #1) and 073 (Harris Pond Dam) re: City of Woonsocket for dams in the city of Woonsocket and towns of Smithfield, North Smithfield, and Lincoln. Dam 068 is located approximately 4,000 feet northwest of the intersection of Route 146 and Route 295, approximately 3,000 feet southwest of the intersection of Route 146 and Reservoir Road, on the line between the towns of Smithfield and North Smithfield. Dam 070 is located approximately 700 feet northwest of where Manville Road in Lincoln intersects with the Route 99 bridge, approximately 500 feet south of Manville Road, in the town of Lincoln. Dam 073 is located approximately 1,350 feet west of the intersection of Rathburn Street and Privilege Street, approximately 700 feet north of Privilege Street, in the city of Woonsocket. The Respondent owns the dams. The dams are classified by RIDEM as High Hazard. On January 9, 2014, 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/woonsock114.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent fully complied with the NOV.

Superior Court Actions Issued:

March 11, 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 4 separate piles on the property at all times (3 piles consisting of C&D and 1 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. To date, Defendant Kenlin has failed to comply with the Consent Order. In the Superior Court complaint, the RIDEM is asking the court to order Defendant Kenlin to comply with the Consent Order.

March 16, 2016 - Solid Waste File No. SW 06-003 and Superior Court File No. PC 2016-1193 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Dennis F. Conte for property located at 108 Old Pocasset Road, Assessor's Map 44, Lot 414 in the town of Johnston. The property includes a business known as Chumlee's Trash and Demo. The Defendant owns the property and operates the business. On June 26, 2006, the RIDEM issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Refuse Disposal Act and the RIDEM's Solid Waste Regulations. The violation pertained to the operation of a solid waste management facility without a license and disposing of solid waste at other than a licensed solid waste management facility. The RIDEM's inspection of the property revealed that about 527 cubic yards of solid waste was deposited on the ground and land filled on the property. The solid waste consisted of scrap metal, white goods, construction and demolition debris and other mixed solid waste. In the NOV the Defendant was ordered to cease operating a solid waste management facility without a license, cease disposing of solid waste on the property, and properly dispose of the solid waste at a licensed facility. A penalty of $25,000 was assessed in the NOV. The Defendant did not file an appeal of the NOV with the AAD. To date, the Defendant has not complied with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV.

Superior Court Actions Settled or Resolved:

March 2, 2016 - OWTS File No. 12-23 and Superior Court File No. PC-2015-3480 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Anthony L. Zavota and Mary Ellen Zavota for property located at 270 West Greenville Road, Assessor's Plat 17, Lot 33 in the town of Scituate. The Defendants own the property. On February 24, 2012, the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/zavota212.pdf. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 11, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOV. The link to the Superior Court complaint can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/zavota815.pdf. Prior to a hearing on the complaint, the Defendants complied with the Order section of the NOV, and after review of electronic correspondence submitted by Mrs. Zavota on February 23, 2016, the OC&I waived in its entirety the administrative penalty.

March 4, 2016 - Site Remediation File No. 05-01 and Superior Court File No. PC 10-404 re: Plaintiff Power Test Realty Company Limited Partnership vs. Defendant Janet L. Coit, Director, RIDEM for properties located at Dunellen Road and Dexter Road, Assessor's Map 204, Block 1, Parcels 9, 11 and 15 in the city of East Providence. The Plaintiff is the owner of Parcels 9 and 11. Getty Properties Corp. (GPC) was the owner of petroleum pipelines that are installed on Parcels 9 and 11. Getty Petroleum Marketing, Inc. (GPM) was the operator of the petroleum pipelines installed on Parcels 9 and 11. The petroleum pipelines extend east and west of Parcels 9 and 11 across easements and other parcels owned by the Plaintiff. On July 28, 2005, the OC&I issued an NOV to the Plaintiff, GPC and GPM alleging that the Plaintiff, GPC and GPM violated Rhode Island's Water Pollution Act and Oil Pollution Control Act and RIDEM's Oil Pollution Control Regulations, Groundwater Quality Regulations, Water Quality Regulations and the Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (Remediation Regulations) The violations pertained to the release of gasoline from the petroleum pipelines on the property. The release of gasoline resulted in pollutants entering the land and waters of the state of Rhode Island. In the NOV, the OC&I ordered the Plaintiff, GPC and GPM to submit required studies, a response plan and a final remediation of the properties. The OC&I assessed an administrative penalty of $50,000. The Plaintiff, GPC and GPM filed an appeal of the NOV with the AAD. An administrative hearing was held at the AAD on May 5 and 6, 2008. A Decision and Order was signed by the Director of the RIDEM on October 20, 2008. The Decision and Order sustained in part and dismissed in part the NOV as follows: the NOV was dismissed against GPM and GPC; the NOV was sustained against the Plaintiff for discharging oil or petroleum into the waters of the State; and the NOV was dismissed against the Plaintiff for discharging pollutants to the waters of the State, violating the RIDEM's Groundwater Quality Regulations, violating the RIDEM's Water Quality Regulations, and violating the RIDEM's Remediation Regulations. The Plaintiff was ordered to comply with all remedial measures required pursuant to the RIDEM's Oil Pollution Control Regulations including payment of costs for removal and remediation. The OC&I was ordered to recalculate the administrative penalty to reflect the violations for which the Plaintiff was found liable and advise the AAD and the Plaintiff of the amount of the recalculated penalty. The Plaintiff was given an opportunity to contest the recalculated penalty at the AAD or, absent a request for hearing, pay the recalculated penalty within 45 days. The link to the Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/05001SRE.pdf. On October 5, 2009, the OC&I filed with the AAD a Notice of Recalculated Penalty. The Notice of Recalculated Penalty described the method and basis for the recalculation and proposed an administrative penalty in the amount of $50,000. The Plaintiff did not file an appeal of Notice of Recalculated Penalty with the AAD. An Amended Decision and Order was signed by the Director of the RIDEM on December 23, 2009. The Plaintiff was ordered to comply with the remedial actions ordered in the Amended Decision and Order and pay an administrative penalty in the amount of $50,000 within 45 days. The link to the Amended Decision and Order can be found at www.dem.ri.gov/programs/director/adminadj/pdfs/05001SRE_amended.pdf. The Plaintiff filed an appeal of the Amended Decision and Order to the Superior Court. On February 13, 2013, the Superior Court issued an order upholding the Amended Decision and Order. The Plaintiff filed an appeal to the Supreme Court. On March 4, 2016, the Supreme Court issued an order upholding the Amended Decision and Order.

March 24, 2016 - OWTS File No. 14-156 and Superior Court File No. PC-2015-4652 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Thomas Fiore for property located at 10 Douglas Road, Assessor's Plat 248, Lot 34 in the city of Warwick. The property includes a residential dwelling and is owned by the Defendant. On January 5, 2015, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendant did not file an appeal of the NOV with the AAD. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/fiore115.pdf. The Defendant did not comply with the NOV. On October 23, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to fully comply with the NOV. On March 24, 2016, the Court entered an Order by agreement of the parties. The Order stated that the dwelling is currently vacant and has been winterized and that the dwelling shall remain vacant until the onsite wastewater treatment system is repaired as evidenced by the issuance of a Certificate of Conformance by the RIDEM or the dwelling is connected to city sewers.