March 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 March 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:

March 3, 2017 - Water Pollution File No. OCI-WP-16-40 and RIPDES No. RIR040005 re: City of Providence. 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 18, 2004, Respondent obtained coverage under the General Permit. The OC&I alleges that 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.

March 3, 2017 - Underground Storage Tank File No. 2016-7-03029 re: Joanne Realty LLC and GOLD STAR GAS, CORP for property located at 342 Manton Avenue, Assessor's Plat 63, Lot 568 in the city of 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). Joanne Realty LLC owns the property. GOLD STAR GAS, CORP 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.

March 4, 2017 - OWTS File No. 15-62 re: Thomas Lovelace for property located at 119 Danielson Pike, Assessor's Plat 14, Lot 106 in the town of Foster. The property includes a residential dwelling and is owned by Respondent. According to the Foster Tax Assessor’s database, Respondent owns the property jointly with Marie Lovelace-DiLibero. Marie Lovelace-DiLibero died in December 2014. The OC&I alleges that Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

March 6, 2017 - Freshwater Wetland File No. 15-142 re: David Duplessis for property located approximately 40 feet east of Iron Mine Hill Road near utility pole number 109 and approximately 3,900 feet southwest of its intersection with Eddie Dowling Highway (Route 146), Assessor's Plat 17, Lot 310 in the town of North Smithfield. The OC&I alleges that Respondent is 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.

March 8, 2017 - Freshwater Wetland File No. 16-119 re: Wesco Realty, LLC and WESCO OIL COMPANY for property located at 307 Farnum Pike in the town of Smithfield. The OC&I alleges that 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.

March 29, 2017 – Solid Waste File Nos. 15-42 and 15-68 re: Viola T. Manfredi for property located at 77 Dunns Corner Bradford Road, Assessor’s Plat 92, Lot 1 in the town of Westerly. Respondent owns the property. The OC&I alleges that Respondent is in violation of Rhode Island’s Refuse Disposal Act, the RIDEM’s Rules and Regulations for Hazardous Waste Management and the RIDEM’s Oil Pollution Control Regulations.

March 29, 2017 - Freshwater Wetland File No. 16-61 re: William Hogan and Joanne M. Hogan for property located north of Stony Lane, at house numbers 1361 and 1381, approximately 1,540 feet west of the intersection with Quaker Lane (Route 2), Assessor’s Plat 128, Lots 3, 20 and 21 in the town of North Kingstown. Joanne M. Hogan owns Plat 128, Lot 21. On March 8, 1996, the RIDEM issued a freshwater wetlands permit to Wildhava Associates for work on the property that is the subject of this NOV. William Hogan was a manager of the company. The OC&I alleges that 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, 2017 - Hazardous Waste File No. OCI-HW-14-24 re: IDEAL PLATING & POLISHING CO., INC. for a facility located at 175 Public Street in the city of Providence. The facility is used for the application of metal coatings to jewelry products through an electroplating process and is operated by Respondent. On August 7, 2015, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/ideal815.pdf. 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.

March 7, 2017 - Water Pollution File No. OCI-WP-16-40 and RIPDES No. RIR040005 re: City of Providence. 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 18, 2004, Respondent obtained coverage under the General Permit. On March 3, 2017, the OC&I issued an NOV to Respondent alleging that 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 is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/providen317.pdf. Respondent did not file 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.

March 8, 2017 - Dam File No. 440 (Hoxie Farm Pond Dam) re: Rhode Island Department of Transportation for property located at Route 3 (Nooseneck Hill Road), about 2,600 feet southwest of its intersection with Canonchet Road and about 900 feet northwest of Route 95 in the town of Hopkinton. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. On December 3, 2013, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for Dam Safety. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hoxie1213.pdf. Respondent did not file an appeal of the NOV with the AAD. Respondent complied with the Order section of the NOV to fully resolve the NOV.

March 9, 2017 - Dam File Nos. 409 (State Street Pond Dam) and 13-75 re: Town of Bristol for a dam located approximately 2,120 feet west of Metacom Avenue and State Street, approximately 150 feet south of State Street, in the town of Bristol. The dam is classified by the RIDEM as Significant Hazard. The town of Bristol owns the dam. On July 29, 2016, the OC&I issued an NOV to Respondent alleging that the dam is unsafe and that Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/bristol716.pdf. Respondent did not file an appeal of the NOV with the AAD. Respondent complied with the Order section of the NOV to fully resolve the NOV.

March 27, 2017 - Hazardous Waste File No. OCI-HW-13-2, 13-19, 13-21, 13-22, 13-23, 13-24, 13-46 and 13-47 re: PJC of Rhode Island, Inc. (d/b/a Rite Aid Corporation) for eight pharmacies at the following locations: 170 Granite Street in the town of Westerly; 2136 Mendon Road in the town of Cumberland; 5945 Post Road in the town of North Kingstown; 7691 Post Road in the town of North Kingstown; 1665 Mineral Spring Avenue in the town of North Providence; 719 Tiogue Avenue in the town of Coventry; 1080 Bald Hill Road in the city of Warwick; and 250 Atwood Avenue in the city of Cranston. Respondent is registered with the RIDEM as of February 2014 as a large quantity hazardous waste generator at each of the pharmacies. On May 22, 2015, the OC&I issued an NOV to Respondent alleging that Respondent violated 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). The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/.pdf. Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid an administrative penalty of $64,250.

March 28, 2017 - Hazardous Waste File No. 15-81 re: Cote’s Auto Body, Inc. for a property located at 716 Saint Paul Street in the town of North Smithfield. The property includes a facility engaged in automobile body repair. On March 28, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/cotes117.pdf. Respondent fully complied with the Order section of the NOV and paid an administrative penalty of $5,754 to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

March 20, 2017 - OWTS File CI10-103 and Superior Court File No. PC-2016-4231 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Paul J. McCabe, Jr. for property located at 12 Allen's Cove, Assessor's Plat 9, Lot 216, in the town of Charlestown. The property includes a residential dwelling and is owned by Defendant. On December 31, 2010, the OC&I issued an NOV to Defendant alleging that Defendant violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/mccabe12.pdf. Defendant filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, on October 6, 2011, the OC&I and Defendant executed a Consent Agreement to resolve the NOV. The link to the Consent Agreement is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/mccabe1011.pdf. Defendant failed to comply with the Consent Agreement. On September 7, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the Consent Agreement. On March 20, 2017, by agreement of the parties, an Order was entered with the Court that requires Defendant to cease further laundry use, limit occupancy to 2 persons, pump the OWTS as needed to prevent overflows and comply with the agreement that was reached with the Town of Charlestown to repair the OWTS.