May 2021 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 (OC&I) for May 2021. 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 the OC&I used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Rhode Island Department of Environmental Management (RIDEM) Administrative Adjudication Division (AAD). Since most NOVs are contested cases, the OC&I 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 the RIDEM's Office of Customer and Technical Assistance. The OC&I often resolve 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. 72402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 77307, fax 401-222-3810. 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, 2021 – Dam Safety File No. OCI-DAMS-19-19 and Dam State I.D. No. 764 re: Apponaug Corporation for a dam identified as Grist Mill Apartment Dam, State Identification Number 764, located approximately 1,045 feet northwest of the intersection of Tollgate Road and Centerville Road and approximately 212 feet southwest of Tollgate Road, Assessor’s Plat 246, Lot 318 in Warwick, Rhode Island. Respondent owns the dam. The dam is classified by RIDEM as High Hazard. OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety. View the NOV.

May 17, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-20-11 re: Judith Olivier and Amy L. Connors for a property located at 34 Massachusetts Avenue, Assessor's Plat 21, Lot 148 in Cumberland, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). Respondents own the property. OC&I alleges that Respondents violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

May 24, 2021 – Water Pollution File No. OCI-WP-20-50 re: Rhode Island Convention Center Authority, Manafort Brothers Incorporated and Lockwood Remediation Technologies, LLC. On July 17, 2018, RIDEM issued a permit to Respondents to discharge treated groundwater associated with the construction of the Garrahy Parking Garage Project to Providence River. OC&I alleges that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

Formal Enforcement Actions Settled or Resolved:

May 2, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-181 re: Kristen Ann Felici for property located at 15 Circuit Drive, Assessor's Plat 116, Lots 214 and 215 in Warren, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondent owns the property. On December 4, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Cesspool Act of 2007 and Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondent did not file an appeal of the NOV with AAD. On August 21, 2020, RIDEM approved an application to install a new onsite wastewater treatment system on the property. In lieu of proceeding to Superior Court to enforce the NOV, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

May 12, 2021 – Underground Storage Tank File No. OCI-UST-20-24-18926 re: XPO LAND HOLDINGS, LLC and XPO Logistics Freight, Inc. for a property located at 15 Southern Industrial Drive, Assessor’s Plat 36/3, Lot 126 in Cranston, Rhode Island. The property includes a motor fuel storage and dispensing system and a warehouse/office building (facility). XPO LAND HOLDINGS, LLC owns the property. XPO Logistics Freight, Inc. operates the facility. On July 16, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV, but did not pay the penalty assessed in the NOV. OC&I referred the collection of the penalty to the Department of Revenue, and the penalty was paid in full.

May 12, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-210 re: Mary F. Ramponi for property located at 1153 Succotash Road, Assessor's Plat I/J, Lot 64-36 in Narragansett, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondent owns the property. On January 2, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the Rhode Island Cesspool Act of 2007 and Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent installed a new onsite wastewater treatment system to satisfy the Order section of the NOV and paid a reduced penalty of $500 to fully resolve the NOV.

May 13, 2021 – Water Pollution File No. OCI-WP-21-1 re: WATERSON TERMINAL SERVICES, LLC and Bristol County Water Authority. On or about April 22, 2019, RIDEM received an application from WATERSON TERMINAL SERVICES, LLC (WTS) to discharge treated groundwater to Providence River associated with the repair of a water pipeline owned by Bristol County Water Authority (BCWA). WTS signed the application as the owner of the property, and BCWA signed the application as the operator of the proposed treatment system. On April 25, 2019, RIDEM issued an Order of Approval to WTS for the discharge from the treatment system. On February 22, 2021, OC&I issued a NOV to Respondents alleging that Respondents violated the Order of Approval and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, BCWA paid a reduced penalty of $6,250 to fully resolve the NOV for both Respondents.

May 13, 2021 – Air Pollution File No. OCI-AIR-20-39 re: Sprague Operating Resources LLC for a facility located at 100 Dexter Avenue in East Providence, Rhode Island. Respondent operates the facility. The facility is a stationary source of air pollutants. On July 31, 2017, RIDEM issued a minor source permit to Respondent to emit air pollutants to the atmosphere from the facility. On February 15, 2021, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s regulations titled Air Pollution Control Permits. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent fully complied with the NOV.

May 19, 2021 – Underground Storage Tank File No. 2018-29-00454 re: 732 WILLETT AVE LLC and Royal Fuel, Inc. for property located at 732 Willett Avenue, Assessor’s Map 512, Block 20, Parcel 6 in East Providence, Rhode Island. The property includes an automobile service and motor fuel filling station and underground storage tanks used for storage of petroleum products (facility). 732 WILLETT AVE LLC owns the property. Royal Fuel, Inc. operates the facility. On May 8, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and Rhode Island’s Oil Pollution Control Regulations. View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV, but did not pay the penalty assessed in the NOV. OC&I referred the collection of the penalty to the Department of Revenue, and the penalty was paid in full.

May 21, 2021 – Dam Safety File No. OCI-DAMS-14-43 and Dam State I.D. No. 455 re: Gary M. Appolonia and James H. Paolucci for a dam identified as Boucher Farm Dam, State Identification No. 455, located approximately 550 feet northwest of the intersection of Cowesett Avenue and Coit Avenue in West Warwick, Rhode Island. The dam is classified by RIDEM as Significant Hazard. Respondents own the dam. On March 12, 2014, OC&I issued a NOV to Respondents alleging that Respondents violated RIDEM's Rules and Regulations for Dam Safety. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV as it pertained to James H. Paolucci, Respondent fully complied with the NOV to fully resolve the matter. OC&I previously resolved the NOV as it pertained Gary M. Appolonia.

May 26, 2021 – Water Pollution File No. OCI-WP-17-132 and RIPDES Permit RI0100111 re: City of Woonsocket for a wastewater treatment facility located on Cumberland Hill Road in Woonsocket, Rhode Island. Respondent owns the facility. The facility treats wastewater generated, from among others, industrial users. On September 18, 2008, RIDEM issued a permit to Respondent to discharge treated wastewater from the facility to Blackstone River. The permit requires that Respondent meet limits for nitrogen and properly implement its approved pretreatment program for industrial users. On July 10, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the permit, Rhode Island’s Water Pollution Act, RIDEM’s Water Quality Regulations and RIDEM’s Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.