November 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 November 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:

November 7, 2016 - Hazardous Waste File No. 15-71 re: Erlin Guerrero d/b/a Sayles Collision Center for a property located at 103 Sayles Street in the city of Providence. The property includes a facility used for auto body repair services. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste.

November 10, 2016 - Air Pollution File No. 16-253 re: City of Woonsocket. The Respondent owns the Woonsocket Regional Wastewater Treatment facility located at 15 Cumberland Hill Road in the city of Woonsocket. Synagro Woonsocket LLC operates the facility on behalf of the Respondent. The Respondent was issued a 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.

November 21, 2016 - Hazardous Waste File No. 15-76 re: Edward A. Johnson, Jr. and Kevin F. Johnson d/b/a Universal Plating Co., Inc. for a property located at 25 River Avenue in the city of Providence. The property includes a facility used for the application of metal coatings to jewelry products through an electroplating process. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste.

November 29, 2016 - Dams File Nos. State I.D. 161 (Gainer Memorial Dam), 163 (Westconnaug Reservoir Dam), 345 (Jordan Pond Dam), 346 (Kimball Reservoir Dam), 354 (Coomer Dam) and 361 (Pine Swamp Dam No. 1) and 14-19, 14-20, 14-68, 14-69, 14-70, 14-71 and 16-33 re: City of Providence and Providence Water Supply Board. The Respondents own the Dams. Dam 161 is classified by the RIDEM as High Hazard and is located approximately 5,000 feet northeast of the intersection of Howard Avenue and Scituate Avenue, immediately on Scituate Avenue, in the town of Scituate. Dam 163 is classified by the RIDEM as High Hazard and is located approximately 3,800 feet east of the intersection of Foster Center Road and Plainfield Pike, approximately 1,600 feet south of Plainfield Pike, in the town of Foster. Dam 345 is classified by the RIDEM as Significant Hazard and is located approximately 336 feet north of the intersection of Field Hill Road and Plainfield Pike, approximately 275 feet east of Plainfield Pike, in the town of Scituate. Dam 346 is classified by the RIDEM as Significant Hazard and is located approximately 1,100 feet north of the intersection of Hartford Avenue and Hopkins Avenue, approximately 800 feet east of Hopkins Avenue, in the town of Johnston. Dam 354 is classified by the RIDEM as Significant Hazard and is located approximately 6,200 feet west of the intersection of Saw Mill Road and Snake Hill Road, approximately 118 feet north of Snake Hill Road, in the town of Glocester. Dam 361 is classified by the RIDEM as Significant Hazard and is located approximately 770 feet north of Brandy Brook Road and Central Avenue, approximately 400 feet east of Central Avenue, in the town of Scituate. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Dam Safety at each of the Dams.

Formal Enforcement Actions Settled or Resolved:

November 4, 2016 - Underground Storage Tank File No. 2013-41-00291 re: Lucine Gyuleseryan for property located at 173 Danielson Pike in the town of Foster. The property includes a convenience store, a motor fuel filling station and 4 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). The Respondent owns the property and operates the facility. On April 10, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/star414.pdf. The Respondent did not file an appeal of the NOV with the AAD. The Respondent complied with the Order section of the NOV and paid a penalty of $1,500 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

November 1, 2016 - Underground Storage Tank File No. 2014-30-01679 and Superior Court File No. PC 2016-1845 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants 5 Stars Management Services, LLC, Joseph Najm, Josephine Najm and Johnston Gas, Inc. for property located at 1209 Hartford Avenue, Assessor's Plat 20, Lot 32 in the town of Johnston. The property includes a service station and a motor fuel filling station and two underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). On December 2, 2013, 5 Stars Management Services, LLC (5 Stars) acquired the property. The property was previously owned by Joseph Najm and Josephine Najm. Ms. Najm is the current manager of 5 Stars. Johnston Gas, Inc. operates the facility. Mr. Najm is the president of Johnston Gas, Inc. On September 29, 2014, the RIDEM issued an NOV to Mr. Najm, Ms. Najm and Johnston Gas, Inc. alleging that the Defendants violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/johngas914.pdf. Neither Mr. Najm, Ms. Najm nor Johnston Gas, Inc. filed an appeal of the NOV with the AAD or complied with the NOV. On April 25, 2016, the RIDEM filed a complaint in Superior Court. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/johngas416.pdf. On November 1, 2016, prior to a hearing on the complaint, and with the agreement of the parties, the Court entered an Order that requires the Defendants to come into compliance with the RIDEM's regulations and pay a penalty of $8,750 within 90 days.

November 4, 2016 - OWTS File No. CI 95-289 and Superior Court File No. PC-2015-2083 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Lyle G. Monroe, Shirley M. Monroe and Wanda B. Monroe for property located at 581 Trimtown Road, Assessor's Plat 42, Lot 42 in the town of Scituate. The property includes a 7-bedroom single family dwelling that is owned by Defendant Wanda Monroe. On March 3, 2008, the RIDEM issued an NOV to Defendants Lyle G. Monroe and Shirley M. Monroe alleging that the Defendants violated the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The violations pertained to the overflow of sewage from the onsite wastewater treatment system (OWTS) that is located on the property to the surface of the ground. In the NOV, the RIDEM ordered the Defendants to cease the discharge of sewage to the surface of the ground, pump the OWTS as needed to prevent overflows, and repair the OWTS. The RIDEM assessed an administrative penalty of $800. The Defendants filed an appeal of the NOV with the AAD. The Defendants submitted financial documents to the RIDEM that showed to the satisfaction of the RIDEM that the Defendants did not have the financial ability to repair the failed OWTS at that time or pay any portion of the administrative penalty. Prior to an administrative hearing on the NOV, the RIDEM and the Defendants executed a Consent Agreement to resolve the NOV. The Defendants agreed to the following actions until the OWTS was repaired: pump the OWTS as often as necessary to prevent the overflow of sewage to the surface of the ground, discontinue all use of the washing machine at the dwelling, limit occupancy of the dwelling to no more than 2 persons, and vacate the dwelling and keep the dwelling unoccupied if the RIDEM documented through an inspection of the property that sewage is present on the ground surface and the Defendants failed to proceed to repair the failed OWTS. The RIDEM agreed to waive the entire administrative penalty assessed in the NOV. On June 11, 2014, the RIDEM inspected the property and observed sewage overflowing to the ground surface. Defendant Wanda B. Monroe stated that she now owned the property and that 7 people (including herself) reside at the dwelling and a washing machine is in use. On May 19, 2015, the RIDEM filed a complaint in Superior Court. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/monroe515.pdf. Prior to a hearing on the complaint, Defendant Wanda Monroe repaired the OWTS and paid the penalty of $800 to fully resolve the matter.

November 9, 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 RIDEM 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 is 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. On May 23, 2016, the RIDEM filed a complaint in Superior Court. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hatch516.pdf. Prior to a hearing on the complaint, the Defendants demonstrated that the onsite wastewater treatment system was functioning properly and paid a penalty of $800 to fully resolve the matter.

November 16, 2016 - 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. Defendant Gerald Hackett is the current and past owner/president of Stanley Bus, LLC. On April 15, 2014, the RIDEM issued an NOV to Defendant Gerald Hackett and Madeline Hackett alleging that they violated the RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. Defendant Gerald Hackett and Ms. Hackett did not file an appeal of the NOV with the AAD and did not comply with the NOV. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/oaklawn414.pdf. On November 9, 2015, the RIDEM filed a complaint in Superior Court. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/hackett1115.pdf. Prior to a hearing on the complaint, the Defendants complied with the Order section of the NOV and paid a penalty of $2,000 to fully resolve the matter.

November 28, 2016 - Underground Storage Tank File No. 2013-03016 and Superior Court File No. PC 16-0783 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Bassam Naiefeh for property located at 717 Park Avenue, Assessor's Map/Plat 16/1, Lot 2162 in the city of Cranston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks used for the storage of petroleum products. BJ Enterprises, LLC owns the property. On August 1, 2012, the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for BJ Enterprises, LLC. The Defendant is the last known manager of the corporation. On April 14, 2014, the RIDEM 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. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/triplea414.pdf. The Defendant did not file an appeal of the NOV with the AAD and failed to comply with the NOV. On February 22, 2016, the RIDEM filed a complaint in Superior Court. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/naiefpk216.pdf. Prior to a hearing on the complaint, the Defendant complied with the Order section of the NOV. On November 28, 2016, and with the agreement of the parties, the Court entered an Order that requires the Defendant to pay a penalty of $9,000 within 30 days.