May 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 May 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:

May 5, 2017 - Water Pollution File No. OCI-WP-17-56 and RIPDES No. RIR040035 re: Town of Cumberland. On December 19, 2003, the RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit Number RIR040000 entitled "Storm Water Discharge for Small Municipal 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 separate storm sewer system (MS4) that is operated by a municipality. On February 18, 2004, Respondent obtained coverage under the General Permit. The OC&I alleges 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.

May 17, 2017 - Hazardous Waste File No. OCI-HW-14-78 re: Metallurgical Solutions, Inc. for a property located at 85 Aldrich Street in the city of Providence. The property includes a facility used for the heat treatment of metals including high speed m-series tools. Respondent owns the property and operates the facility. Respondent is registered with the RIDEM as a small quantity hazardous waste generator at the facility. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations.

May 24, 2017 - Hazardous Waste File No. OCI-HW-16-50 re: Atwood Cleaners, LLC for a property located at 807 Atwood Avenue in the city of Cranston. The property includes a facility used for the operation of a dry cleaning business. Respondent operates the facility and is registered with the RIDEM as a small quantity hazardous waste generator at the facility. The OC&I alleges that Respondent violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations.

May 24, 2017 - Air Pollution File No. 16-307 re: Mel-Co-Ed, Inc. for a facility located at 381 Roosevelt Avenue in the city of Pawtucket. Respondent has an Emissions Cap from the RIDEM that caps emissions of hazardous pollutants (HAP) from the facility. The Cap requires Respondent to maintain records sufficient to determine actual HAP emissions for the facility for the previous 12 months, to be determined on a monthly basis, no later than 15 days after the first of the month. The OC&I alleges that Respondent violated the RIDEM's Air Pollution Control Regulations and the Cap.

May 25, 2017 - Freshwater Wetland File No. 16-46 X-Ref C00-0388 re: Kenneth R. Stillson for property located approximately 250 feet northeast of the southern terminus of Wilbur Avenue, to the rear (east and northeast) of house number 172, approximately 400 feet south/southeast of its intersection with Wells Avenue, Assessor’s Plat 327, Lot 280 and Lot 282 in the city of Warwick. Nancy M. Pace and Justin Pace own Lot 280. Respondent owns Lot 282. The OC&I alleges that 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.

Formal Enforcement Actions Settled or Resolved:

May 5, 2017 - Solid Waste File No. 2014-15 re: Railside Environmental Services, LLC and 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 engaged in the processing of 50 tons per day or less of construction and demolition (C&D) debris. Kenlin Properties, LLC 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 four 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 Respondents alleging that Respondents violated Rhode Island's Refuse Disposal Act and the RIDEM's Solid Waste Regulations. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/railside814.pdf. Respondents filed an appeal of the NOV with the AAD. A hearing on the appeal was held on May 10, 2016 and July 26, 2016. On May 5, 2017, the AAD hearing officer issued a Decision and Order that upheld the NOV in full.

May 22, 2017 - Water Pollution File No. OCI-WP-17-56 and RIPDES No. RIR040035 re: Town of Cumberland. On December 19, 2003, the RIDEM issued Rhode Island Pollutant Discharge Elimination System (RIPDES) General Permit Number RIR040000 entitled "Storm Water Discharge for Small Municipal 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 separate storm sewer system (MS4) that is operated by a municipality. On February 18, 2004, Respondent obtained coverage under the General Permit. On May 5, 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.programs/benviron/compinsp/enfact/actions/cmbrlnd517.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.

May 30, 2017 - Hazardous Waste File No. 16-2 re: ELECTROLIZING, INC. for a property located at 10-20 Houghton Street in the city of Providence. The property includes a facility used for the application of high performance chrome coatings on a variety of substrates and products. Respondent operates the facility and is registered with the RIDEM as a large quantity hazardous waste generator at the facility. On January 25, 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/electro117.pdf. Respondent did not file an appeal of the NOV with the AAD. Respondent fully complied with the Order section of the NOV and paid a penalty of $3,750 to resolve the NOV.

May 31, 2017 - Freshwater Wetland File No. C-1128 re: John Crispino and Natalina Crispino for property located north of Scituate Avenue, approximately 2200 feet east of Pippin Orchard Road, Assessor’s Plat 34, Lots 6 and 56 in the city of Cranston. The property includes a residential dwelling. John Crispino and Natalina Crispino owned the property. On October 6, 1981, the RIDEM issued an NOV to John Crispino and Natalina Crispino alleging that the Crispinos 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 NOV alleged that the Crispinos filled, cleared and graded within 100 feet of Furnace Hill Brook without a permit from the RIDEM. The NOV ordered the Crispinos to restore the freshwater wetlands. A penalty of $1,000 was assessed in the NOV. The Crispinos failed to file an appeal of the NOV with the AAD. On December 12, 2006, the property was acquired by Luigi Crispino and Giovanna Crispino. On February 8, 2017, the OC&I inspected the property at the request of Luigi Crispino. The inspection revealed that portions of the violations that were the subject of the NOV remained in place and additional violations within freshwater wetlands were present. The OC&I and Luigi Crispino and Giovanna Crispino executed a Consent Agreement to resolve the NOV and the new violations.

Superior Court Actions Issued:

May 5, 2017 - OWTS File No. 16-15 and Superior Court File No. PC 2017-2139 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Galliano D. DiCostanzo for property located at 145 Longmeadow Avenue, Assessor's Plat 335, Lot 441 in the city of Warwick. The property includes a residential dwelling and is owned by Defendant. On January 23, 2017, the RIDEM issued an NOV to Defendant alleging that 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 is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/dicostan117.pdf. Defendant failed to file an appeal of the NOV with the AAD and failed to comply with the NOV. On May 5, 2017, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV.

Superior Court Actions Settled or Resolved:

May 25, 2017 - Underground Storage Tank File No. 2014-14-02650 and Superior Court File No. PC 2016-1843 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Earle's Service Station, Inc. for property located at 35 Meeting House Lane in the town of Little Compton. The property includes a convenience store and motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Defendant owns the property and operates the facility. On July 2, 2014, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. See the NOV. The Defendant did not file an appeal of the NOV with the AAD and has failed to comply with the NOV. On April 25, 2016, the RIDEM filed a Superior Court complaint asking the court to order the Defendant to comply with the NOV. See the Complaint. Prior to a hearing on the complaint, Defendant provided documents to the RIDEM to demonstrate compliance with the Order section of the NOV and the RIDEM and Defendant agreed to payment of a reduced penalty of $6,000 (to be paid in quarterly installments of $750) that was entered as an Order of the court.