May 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 May 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:

May 10, 2016 - OWTS File No. 15-134 re: The Estate of David I. Smith for property located at 38 Sagamore Drive, Assessor's Map 28, Lot 104-1 in the town of Charlestown. The property includes a residential dwelling and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

May 12, 2016 - Air Pollution File No. 16-10 re: Quarter Moon, Incorporated for a facility located at 200 High Point Avenue in the town of Portsmouth. The Respondent was issued an operating permit from the RIDEM to emit pollutants to the atmosphere from the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Air Pollution Control Regulations and the permit.

May 12, 2016 - Freshwater Wetland File No. 15-117 re: Syed Husain and Sadia Husain for property located at 20 Red Brook Crossing, Assessor's Plat 26, Lot 253 in the town of Lincoln, 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.

May 24, 2016 - Dam File Nos. 572 (Wilbur Pond Dam), 13-85 and 15-8 re: Tillinghast Holding Company, LLC for a dam located approximately 4,500 feet north of the intersection of George Washington Trail and Putnam Pike, approximately 2,000 linear feet west of George Washington Trail, Assessor's Plat 259, Lot 1, in the town of Burrillville. The dam is classified by the RIDEM as High Hazard. Tillinghast Holding Company, LLC owns the dam. The OC&I alleges that the dam is unsafe and that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

Formal Enforcement Actions Settled or Resolved:

May 4, 2016 - Freshwater Wetland File Nos. 13-91 and C14-66 re: Richard Caparco and Delores Caparco for property located approximately 35 feet north of Jade Road, generally opposite utility pole 2, approximately 150 feet south of the southern edge of Ropewalk Pond, adjacent to and approximately 80 feet west of the dwelling at 10 Jade Road, approximately 225 feet east/northeast of the intersection of Jade Road and Myra Road, Assessor's Plat 14, Lot 30 in the town of Coventry. The Respondents own the property. On July 14, 2014, the OC&I issued an NOV to the Respondents alleging that the 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. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/caparco714.pdf. The Respondents filed an appeal of the NOV with the AAD. On February 23, 2016, the OC&I received a plan prepared by Millstone Engineering on behalf of the Respondents to resolve the Order section of the NOV (Plan). Prior to an administrative hearing on the NOV, the OC&I and the Respondents executed a Consent Agreement to resolve the NOV. The Respondents agreed to restore the freshwater wetlands in accordance with the Plan by September 15, 2016 and pay an administrative penalty of $500. The penalty was paid upon execution of the Agreement.

May 4, 2016 - Freshwater Wetland File No. C09-37 re: Ayn. Wardo Realty, LLC for property located at 32 Meeting Street, Assessor's Plat 2, Lot 17 in the town of Cumberland. The Respondent owned the property. On March 28, 2011, the OC&I issued an NOV to the Respondent alleging that the Respondent 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. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/aynw0311.pdf. The Respondent filed an appeal of the NOV with the AAD. The AAD hearing officer dismissed the appeal after the Respondent failed to appear for the hearing on August 13, 2013 or otherwise advise the hearing officer of a reason for failing to appear. The Respondent failed to comply with the NOV and filed for bankruptcy. The property was acquired by a new owner, who complied with the Order section of the NOV and paid a penalty of $2,000.

May 4, 2016 - OWTS File No. 14-15 re: Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2006-FF13, Mortgage Pass-Through Certificates, Series 2006-FF13 for property located at 1861 Atwood Avenue, Assessor's Plat 48, Lot 212 in the town of Johnston. The property includes a residential dwelling and is owned by the Respondent. On June 11, 2015, the OC&I issued an NOV to the Respondent alleging that the Respondent 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/deutsche615.pdf. The Respondent did not file an appeal of the NOV with the AAD. The Respondent fully complied with the NOV, including payment of the full penalty of $400 assessed in the NOV.

May 24, 2016 - OWTS File 13-11 re: Robert A. Anderson for property located at 15 Elberta Street, Assessor's Plat 312, Lot 274 in the city of Warwick. The property includes a residential dwelling and was owned by the Respondent. On August 21, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/anderson813.pdf. The Respondent did not file an appeal of the NOV with the AAD. On or about December 2014, the Respondent died. The Estate of Robert A. Anderson fully complied with the NOV, including payment of the full penalty of $800 assessed in the NOV.

Superior Court Actions Issued:

May 23, 2016 - OWTS File No. 14-302 and Superior Court File No. PC 2016-2336 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Martha C. Heald for property located at 26 Shore Drive, Assessor's Plat 17, Lot 155 in the town of Warren. The property includes a residential dwelling and is owned by the Defendant. On June 12, 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 link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/heald615.pdf. The Defendant did not file an appeal of the NOV with the AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendant to comply with the NOV.

May 23, 2016 - OWTS File No. 14-280 and Superior Court File No. PC 2016-2333 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Michael William Hatch and Christa Hatch for property located at 301 Green End Avenue, Assessor's Plat 114, Lot 103 in the town of Middletown. The property includes a residential dwelling and is owned by the Defendants. On June 26, 2015, 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. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hatch615f.pdf. The Defendants did not file an appeal of the NOV with the AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to comply with the NOV.

May 23, 2016 - OWTS File No. 15-73 and Superior Court File No. PC 2016-2334 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Gerard W. Bourgeois and Marilyn S. Bourgeois for property located at 41 Sumner Street, Assessor's Plat 53, Lot 318 in the town of Cumberland. The property includes a residential dwelling and is owned by the Defendants. On August 26, 2015, 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. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/bourg815.pdf. The Defendants did not file an appeal of the NOV with the AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to comply with the NOV.

May 23, 2016 - OWTS File No. 15-60 and Superior Court File No. PC 2016-2335 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants David A. Day and Susan J. Day for property located at 38 Broadway (Prudence Island), Assessor's Plat 84, Lot 42 in the town of Portsmouth. The property includes a residential dwelling and is owned by the Defendants. On August 26, 2015, 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. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/day815.pdf. The Defendants did not file an appeal of the NOV with the AAD and failed to comply with the NOV. In the Superior Court complaint, the RIDEM is asking the court to order the Defendants to comply with the NOV.

Superior Court Actions Settled or Resolved:

May 2, 2016 - OWTS File No. CI91-358 and Superior Court File No. PC 02-5562 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Padula Builders, Inc. for property located at 45 MacArthur Boulevard, Assessor's Plat 72, Lot 19.1 in the town of Coventry. The Defendant owns the property. The property included several multi-family dwellings. On March 23, 1993, the RIDEM 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 violations pertained to the overflow of sewage to the surface of the ground on the property. In the NOV, the Defendant was ordered to assess the cause of the overflow and repair the onsite wastewater treatment system, if it was determined that a repair was necessary. An administrative penalty of $2,000 was assessed. The Defendant filed an appeal of the NOV with the AAD. In lieu of proceeding to an administrative hearing on the NOV, the RIDEM and the Defendant signed a Consent Agreement to resolve the NOV. The Agreement required the Defendant to comply with the Order section of the NOV within 30 days. The administrative penalty was waived. The Defendant failed to comply with the Agreement. On August 20, 2002, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to comply with the Agreement. On November 1, 2002, the Court entered an Order by agreement of the parties. The Order stated that the water service to all the dwellings on the property is terminated and that water service shall not be restored until the onsite wastewater treatment systems are repaired as evidenced by the issuance of a Certificate of Conformance by the RIDEM or the dwellings are connected to town sewers. In lieu of complying with the Order, the Defendant razed the buildings. On April 25, 2016, the OC&I inspected the property and observed that all of the buildings on the property were razed.

May 10, 2016 - Underground Storage Tank File No. 2010-00625 and Superior Court File No. PC-2015-4922 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Hawk Enterprises, Inc., Elie N. Sakr and Pierre Sakr for property located at 119 Greenville Avenue, Assessor's Plat 17, Lot 126 in the town of Johnston. The property includes a retail gasoline station and underground storage tanks used for the storage of petroleum products. Elie N. Sakr and Pierre Sakr own the property. Hawk Enterprises, Inc. operates the facility. On May 5, 2010, the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On November 10, 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 complaint can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hawks1115.pdf. Prior to a hearing on the complaint, the Defendants demonstrated to the RIDEM that they had complied with the Order section of the NOV. On May 10, 2016, the Court entered an Order by agreement of the parties. The Order required the Defendants to pay an administrative penalty of $7,000, which was paid.