November 2015 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 November 2015. 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:

November 30, 2015 - 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. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

November 30, 2015 - OWTS File No. 15-101 re: Michael J. Colonair for property located at 182-184 Union Avenue, Assessor's Plat 141, Lot 135 in the town of Burrillville. The property includes a residential dwelling and is owned by the Respondents. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.

November 30, 2015 - Air File No. 15-13 and 15-354 re: Department of Veterans Affairs for a facility located at 830 Chalkstone Avenue in the city of Providence. The facility is a stationary source of air pollutants. The OC&I alleges that the Respondent is in violation of the RIDEM's Air Pollution Control Regulations.

Formal Enforcement Actions Settled or Resolved:

November 4, 2015 - Dam File No. 761 (Melville Pond Dam) re: Town of Portsmouth for property located approximately 300 feet southeast of the intersection of King Charles Drive and West Main Road, approximately 3,000 feet west of West Main Road in the town of Portsmouth. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. On October 30, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Dam Safety. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/melville1013.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV.

November 6, 2015 - Hazardous Waste File No. OCI-HW-14-89 re: Senesco Marine, LLC for a facility located at 10 MacNaught Street in the town of North Kingstown. The facility is used for the manufacture and maintenance of double hulled barges, tugboats and other marine vessels and is operated by the Respondent. On August 7, 2015, the OC&I issued an NOV to the Respondent alleging that the 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 can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/senesco815.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent complied with the Order section of the NOV and paid a reduced administrative penalty to resolve the NOV.

November 25, 2015 - Hazardous Waste File No. OCI-HW-14-96 re: Bio Waste, LLC for a facility located at 1145 Reservoir Avenue in the city of Cranston. On August 21, 2015, the OC&I issued an NOV to the Respondent alleging that the 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 can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/biowaste815.pdf. The Respondent filed an appeal of the NOV with the AAD. As part of settlement discussions, the Respondent provided documents to the OC&I that demonstrated that the Respondent did not violate the RIDEM's regulations. As such, the OC&I rescinded the NOV.

Superior Court Actions Issued:

November 9, 2015 - Underground Storage Tank File Nos. 2013-081-00788 and 2013-136-00788 and Superior Court File No. PC-2015-4921 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Gerald Hackett and Stanley Bus, LLC for property located at 908 Oaklawn Avenue, Assessor’s Plat 15/2, Lot 74 in the city of Cranston. The property includes a service station, a motor fuel filling station and underground storage tanks used for the storage of petroleum products. Stanley Bus, LLC owns the property. On May 8, 2015, the Secretary of State revoked the Certificate of Organization/Registration for Stanley Bus, LLC. Gerald Hackett is the current and past owner/president of Stanley Bus, LLC. On April 15, 2014, the OC&I issued an NOV to Mr. Hackett and Madeline Hackett alleging that they violated the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. Mr. Hackett and Ms. Hackett did not file an appeal of the NOV with the AAD. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/oaklawn414.pdf. Mr. Hackett and Ms. Hackett did not comply with the NOV. On November 9, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOV.

November 9, 2015 - Underground Storage Tank File Nos. 04-01177, 2009-01177 and 2013-139-01177 and Superior Court File No. PC-2015-4923 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Albert Therien and Doris Therien for property located at 3585 Mendon Road, Assessor’s Plat 52, Lot 331 in the town of Cumberland. The property includes a retail gasoline station and underground storage tanks used for the storage of petroleum products. The Defendants own the property. On December 30, 2004, the OC&I issued an NOV to the Defendants and the former operators of the station alleging that the Defendants and former operators violated the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (the UST Regulations). The Defendants and the former operators did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 27, 2009, the OC&I issued an NOV to the Defendants and a former operator of the station alleging that the Defendants and the former operator violated the RIDEM's UST Regulations. The Defendants did not file an appeal of the NOV with the AAD. The former operator did file an appeal of the NOV with the AAD; however, the former operator failed to appear and the appeal was dismissed. The Defendants and the former operator did not comply with the NOV. On February 20, 2014, the OC&I issued an NOV to the Defendants alleging that the Defendants violated the RIDEM's UST Regulations. The Defendants did not file an appeal of the NOV with the AAD. A link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/therien214.pdf. The Defendants did not comply with the NOV. On November 9, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOVs issued on December 30, 2004, August 27, 2009 and February 20, 2014.

November 10, 2015 - 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.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.