March 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 March 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:

March 30, 2018 – Water Pollution File No. 15-57 City of Providence, Rhode Island. The City of Providence owns a wastewater collection system. The OC&I alleges that Respondent violated the Water Pollution Act, the RIDEM’s Water Quality Regulations, and the RIDEM’s Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities. View the NOV.

March 30, 2018 – Water Pollution File Nos. 17-13 X-ref RIPDES RI0100005 re: Town of Bristol, Rhode Island. The Town of Bristol (Bristol) owns and operates a wastewater collection and treatment system (facility). On March 18, 2011, the RIDEM issued a permit to Bristol, which became effective on May 1, 2011. The permit authorizes Bristol to discharge treated wastewater from the facility to Bristol Harbor. The permit does not authorize Bristol to discharge wastewater from the facility to any other waters of the State. The OC&I alleges that Respondent violated the permit, the 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 for the Operation and Maintenance of Wastewater Treatment Facilities. View the NOV.

March 30, 2018 – Underground Storage Tank File No. 2017-4-02081 re: Pasco Raimondo and Susan Raimondo for property located at 94 West Warwick Avenue, Assessor’s Plat 7, Lot 399 in the Town of West Warwick, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station. Respondents own the property. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

Formal Enforcement Actions Settled or Resolved:

March 1, 2018 – 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, Rhode Island. Joanne M. Hogan owns Plat 128, Lot 21. On March 8, 1996, the RIDEM issued a freshwater wetland permit to Wildhava Associates for work on the property that is the subject of the NOV. William Hogan was a manager of the company. On March 29, 2017, 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 for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV. Respondents did not file an appeal of the NOV and fully complied with the NOV.

March 29, 2018 – OWTS File No. 15-86 re: Ronald Hipolito and Emma C. Hipolito for property located at 5 Seaconnet Avenue, Assessor's Plat 15, Lot 9 in the Town of Portsmouth, Rhode Island. The property includes a residential dwelling and is owned by Respondents. On November 30, 2015, the OC&I issued an NOV to Respondents alleging that Respondents violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondents did not file an appeal of the NOV. Respondents complied with the Order section of the NOV and paid a reduced penalty of $600 to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.