October 2014 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 October 2014. 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:

October 2, 2014 - Site Remediation File No. 2010-01 SR re: Hoxsie Cleansers, Ltd., The Vincent Perenti Revocable Living Trust, Hoxsie Corporation, Inc., The Russell M. Yates, Jr. Trust and Gloria Perenti for a property located at 1533 Warwick Avenue, Assessor's Plat 312, Lots 315, 390 and 391 in the city of Warwick. The property includes a building used for a clothing dry cleaning business (facility). The Vincent Perenti Revocable Living Trust (Perenti Trust) is the former owner of the property. Hoxsie Cleansers, LTD (Hoxsie Cleansers) operates the facility. Hoxsie Cleansers is registered with the RIDEM as a small quantity hazardous waste generator at the facility. On December 21, 2006, the RIDEM was notified of a release of hazardous substances, including tetrachloroethylene and trichloroethylene, to the groundwater down gradient of the property. On February 11, 2008, the RIDEM received a site investigation report (SIR). The SIR stated that beryllium, total petroleum hydrocarbon (TPH), tetrachloroethylene and trichloroethylene were detected in the soil and/or groundwater on the property. The SIR stated that a reportable release occurred and that the current and previous dry cleaning units and hazardous waste storage area on the property was a likely source of the TPH, tetrachloroethylene and trichloroethylene. On January 4, 2011 the OC&I issued an NOV to Perenti Trust and Hoxsie Cleansers alleging that the Respondents violated Rhode Island's Water Pollution Act and the RIDEM's Rules and Regulations for Groundwater Quality, Rules and Regulations for the Management of Hazardous Waste and Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The violations pertain to the Respondents' failure to remediate a release of hazardous materials from the property that entered the groundwater. In the NOV, the OC&I ordered Hoxsie Cleansers and Perenti Trust to submit to the RIDEM a letter identifying the remedial alternatives and, upon approval by the RIDEM, complete the remediation of the property in accordance with the approval. The OC&I assessed an administrative penalty of $36,134. The NOV was recorded in the land evidence records of the city of Warwick on January 6, 2011. Hoxsie Cleansers and Perenti Trust filed an appeal of the NOV with the AAD, which is still pending. On July 5, 2012 Perenti Trust and The Russell M. Yates, Jr. Trust (Yates Trust) entered into an agreement whereby Perenti Trust agreed to transfer title to the property to Yates Trust or any such entity designated by Yates Trust. Yates Trust agreed to indemnify and hold harmless Perenti Trust from any and all claims arising from the NOV. On August 28, 2013 Perenti Trust transferred title to the property to Hoxsie Corporation, Inc. (Hoxsie Corp), the entity designated by Yates Trust to acquire title to the property. On that same day the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for Hoxsie Cleansers. Gloria Perenti is listed as the president of Hoxsie Cleansers. The OC&I issued an amended NOV to include Hoxsie Corp, Yates Trust and Gloria Perenti as named respondents. The ordered actions in the original NOV and the administrative penalty in the original NOV remain unchanged.

Formal Enforcement Cases Settled or Resolved:

October 3, 2014 - Underground Storage Tank File No. 2014-23-01501 re: Crosson Oil Company, Inc. and Cory Malz for property located at 448 Great Road in the town of North Smithfield. The property includes a service station and a motor fuel filling station and 2 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Crosson Oil Company, Inc. owns the property. Cory Malz operates the facility. On July 14, 2014 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to: verify that the line leak detectors for the USTs had been tested by a qualified person during calendar year 2012; verify that the dispenser shear valves had been tested for functionality during calendar year 2012; verify that the continuous monitoring system (CMS) had been certified/tested by a qualified person during calendar years 2011 and 2012; perform groundwater evaluations for calendar years 2012 and 2013; have a trained and/or certified operator on duty; maintain a list of all the Class C operators assigned to the facility; and verify that the registered Class A or Class B operator conducted monthly inspections from August 2012 through February 2014. On March 27, 2014 the OC&I inspected the facility and documented the violations. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,500. The Respondents did not file an appeal of the NOV with the AAD. The Respondents submitted documents to the OC&I that demonstrated that the Respondents were in compliance with the RIDEM's UST Regulations prior to the issuance of the NOV. For this reason the OC&I waived the administrative penalty and closed the case.

October 7, 2014 - OWTS File 13-44 re: David R. Raposa for property located at 934 Weaver Hill Road in the town of Coventry. The property includes a residential dwelling and is owned by the Respondent. On October 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. The violation pertained to the discharge of sewage from the onsite wastewater treatment system (OWTS) to the surface of the ground. On June 6, 2013, the OC&I inspected the property and documented the violation. In the NOV, the OC&I ordered the Respondent to keep the OWTS pumped as often as necessary to prevent sewage overflows, have the OWTS evaluated by a licensed OWTS designer to determine the cause of the failure, and repair the OWTS in accordance with an approval issued by the RIDEM, if it's determined that a repair is necessary. The OC&I assessed an administrative penalty of $1,400. The Respondent filed an appeal of the NOV with the AAD. The Respondent repaired the failed OWTS and paid a reduced penalty of $700, which resolved the NOV.

October 8, 2014 - Underground Storage Tank File No. 2013-64-01622 re: K BROTHERS, LLC and CCO, LLC for property located at 885 Post Road in the city of Warwick. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). K BROTHERS, LLC owns the property. CCO, LLC operates the facility. On April 23, 2014 the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (UST Regulations). The violations pertained to the failure to maintain monthly inventory records and the failure to verify that the Class A or Class B UST facility operator performed monthly inspections. On September 5, 2013 the RIDEM inspected the facility and documented the violations. In the NOV the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST Regulations within 60 days. The OC&I assessed an administrative penalty of $5,000. The Respondents did not file an appeal of the NOV with the AAD. The Respondents fully complied with the NOV and paid a reduced penalty of $1,250, which resolved the NOV.

October 22, 2014 - Underground Storage Tank File No. 2013-48-00559 re: Galpi Realty, Inc. and Coventry Petroleum, Inc. for property located at 2070 Nooseneck Hill Road in the town of Coventry. The property includes a convenience store, a service station, a motor fuel filling and dispensing system, 4 underground storage tanks (USTs or tanks) used for the storage of petroleum products and groundwater monitoring wells (facility). Galpi Realty, Inc. owns the property. Coventry Petroleum, Inc. operates the facility. On April 11, 2014, the OC&I issued an NOV to the Respondents alleging that the Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The violations pertained to the failure to: perform a valid 0.2 gallon per hour leak test for one of the USTs with the continuous monitoring system (CMS) within the last 30 days; keep the spill containment basins for each of the USTs free of liquid; maintain the groundwater monitoring wells (the wells were not labeled and were not secured against tampering); verify that the Class A or Class B UST facility operator performed monthly inspections; and evacuate water from one of the USTs after the level exceeded 1 inch. In the NOV, the OC&I ordered the Respondents to achieve compliance with the RIDEM's UST regulations within 45 days. The OC&I assessed an administrative penalty of $2,500. The Respondents did not file an appeal of the NOV with the AAD. The Respondents promptly complied with the Order section of the NOV, and the Respondents paid a reduced penalty of $1,250 to resolve the NOV.

October 30, 2014 - OWTS File No. 2007 1481 IS and CI07-191 re: SPH LLC, Van Pavao, and Cosmo Manfredi, Jr. for property located at 3 Bluebird Lane, Assessor's Plat 4, Lot 72 in the town of Hopkinton. The property includes a 3 bedroom dwelling. The property was owned by SPH LLC. A permit was issued by the RIDEM to construct an onsite wastewater disposal system (OWTS) on the property for a proposed dwelling. SPH LLC retained Daniel Cotta, a licensed OWTS designer, and Cosmo Manfredi, Jr., a licensed OWTS installer, to construct the OWTS in accordance with the permit. The OWTS was constructed and the RIDEM issued a Certificate of Conformance to SPH LLC on December 28, 2006. SPH LLC was a Rhode Island corporation, whose president was Van Pavao. The Rhode Island Office of Secretary of State issued a Revocation Certificate to SPH LLC on August 19, 2008. On January 27, 2009 the OC&I issued an NOV to the Respondents. In the NOV the OC&I alleged that SPH LLC and Van Pavao violated the RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems (ISDS Regulations). The violation pertained to the use of an OWTS that does not conform to the terms of the permit and to the requirement that each dwelling has an OWTS of a type and design approved by the RIDEM. The OC&I also alleged that Cosmo Manfredi violated Rhode Island's General Laws Sections 5-56-7(1) and 5-56-7(6) and the RIDEM's ISDS Regulations. The violation pertained to the failure to adhere to the permit in constructing the OWTS and failure to stop construction and notify the RIDEM if conditions during construction indicate that the OWTS cannot be installed in accordance with the permit. On March 27, 2007 the OC&I received a complaint from the owner at 5 Bluebird Lane that her property was being flooded from the OWTS that was constructed at the property. An inspection by the RIDEM revealed that the OWTS was not in compliance with the permit. Specifically, the swale and grading shown on the plans for the permit were not constructed to direct surface runoff from the area of the OWTS to the front of the property. In the NOV, the OC&I ordered the immediate revocation of the permit and the submission of a plan to prevent surface runoff from entering onto the neighboring property. The OC&I assessed an administrative penalty of $600 against SPH LLC and Van Pavao and $400 against Cosmo Manfredi. The OC&I resolved the NOV as it pertained to Cosmo Manfredi on March 31, 2009. SPH LLC and Van Pavao complied with the ordered actions in the NOV; however, the penalty was not paid. The property was acquired by a new owner and the penalty of $600 was paid, thereby resolving the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

October 1, 2014 - Multi Media/Solid Waste and OWTS/File Nos. SW 2011-03 and OWTS CI 09-007 and Superior Court File No. WM 14-0110 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Two Moons Rising, LLC for a property located at 901 Mooresfield Road in the town of South Kingstown. The property includes a two bedroom single family dwelling. An onsite wastewater treatment system (OWTS) treats the wastewater from the toilets, showers, and sinks for the dwelling (Main OWTS). A separate OWTS treats the laundry wastewater from the dwelling (Laundry OWTS). The Defendant owns the property. Russell Koza and Kelly Jarvis acquired the property on October 15, 2012 from Fannie Mae a/k/a Federal National Mortgage Association and transferred the property shortly thereafter to the Defendant. Mr. Koza is listed as the registered agent for the Defendant. Upon information and belief, Mr. Koza has resided on the property since at least February 11, 2009. On August 21, 2013 the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Refuse Disposal Act and the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (OWTS Regulations). The solid waste violation pertained to the depositing of approximately 431 cubic yards of solid waste on the ground as of the OC&I's last inspection of the property on June 25, 2013 (consisting of unregistered vehicles and boats and other mixed solid waste including a container of used motor oil deposited on the ground). The OWTS violations pertained to the discharge of wastewater from the Main OWTS and Laundry OWTS to the surface of the ground. Inspections of the property by the OC&I on February 11, 2009, May 24, 2010, November 1, 2010, January 24, 2013 and June 25, 2013 documented the violations. On May 5, 2011 the OC&I issued a NOV to the former owner of the property for the violations that are the subject of this NOV. In the prior NOV, the OC&I ordered the former owner to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the RIDEM's OWTS Regulations. On September 26, 2012, the OC&I received a letter from Mr. Koza. The letter stated that he and Ms. Jarvis were in the process of acquiring the property from the bank and wanted to resolve the violations. Mr. Koza and Ms. Jarvis failed to comply with the former NOV. In this NOV, the OC&I ordered the Defendant to properly dispose of the solid waste, cease the discharge of wastewater to the surface of the ground from the Main OWTS, cease use of the washing machine at the dwelling until the Laundry OWTS is repaired, and repair the failed OWTSs in accordance with the RIDEM's OWTS Regulations. The OC&I assessed an administrative penalty of $7,650. The Defendant did not file an appeal of the NOV with AAD and failed to comply with the NOV. On February 28, 2014 the RIDEM filed a complaint in Superior Court asking the court to order the Defendant to comply with the NOV and pay the administrative penalty assessed in the NOV. The Court issued a Judgment ordering the Defendant to comply with the NOV and within 60 days pay the full penalty of $7,650.