October 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 October 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:

October 4, 2016 - Dams File Nos. State I.D. 016 (Pascoag Reservoir Upper Dam - West Dike) and 15-1 re: Leo A. Plouffe for a dam located approximately 1,800 feet south of the intersection of High Street and Rock Avenue, approximately 440 feet west of Rock Avenue, Assessor's Plat 191, Lot 80 in the town of Burrillville. The dam is classified by the RIDEM as High Hazard. The Respondent owns the dam. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

October 19, 2016 - Multi-Media/Undergound Storage Tanks and Site Remediation/File Nos. 2015-51-00644 and 2016-7 re: Middletown Square LLC for properties located at 533 Broadway, Assessor's Plat 6, Lot 332 in the city of Newport and at 7 West Main Road, Assessor's Plat 108SW, Lot 148 in the town of Middletown. The properties include a former service station and underground storage tanks used for the storage of petroleum product. The Respondent owns the properties. The OC&I alleges that the Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases.

October 24, 2016 - Hazardous Waste File No. 15-65 re: The Providence Turners for a property located at 108-130 Glenbridge Avenue, Assessor's Plat 113, Lots 261, 262, 263 and 419, in the city of Providence. The property includes a building used for a members club of physical training. The Respondent owns the property. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste and the RIDEM's Oil Pollution Control Regulations.

October 24, 2016 - Air Pollution File No. 16-252 re: Ocean State Power LLC for a facility located at 1575 Sherman Farm Road in the town of Burrillville. 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.

October 27, 2016 - Underground Storage Tank File No. 2016-19-00445 re: Ibraham Enterprises Corporation for a property located at 33 Jefferson Boulevard, Assessor's Plat 284, Lot 291 in the city of Warwick. The property includes a service station and a motor fuel storage and dispensing system and underground storage tanks used for the storage of petroleum product. The Respondent owns the property and operates the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

Formal Enforcement Actions Settled or Resolved:

October 13, 2016 October 23, 2013 - Dams File No. State I.D. 175 (Quidnick Reservoir Dam) re: The Young Men's Christian Association of Pawtucket, Rhode Island for property located approximately 5,000 feet northeast of the intersection of Harkney Hill Road and Victory Highway, approximately 100 feet south of Harkney Hill Road in the town of Coventry. The property includes a dam and associated spillway. The dam is classified by RIDEM as Significant Hazard. On October 23, 2013, the OC&I issued an NOV to the Respondent alleging that the Respondent violated RIDEM's Rules and Regulations for Dam Safety. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/quidnick1013.pdf. The Respondent filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the Respondent fully complied with the NOV.

October 18, 2016 - Air Pollution File No. 16-79 re: Umicore Thin Film Products USA Inc. for a facility located at 50 Sims Avenue in the city of East Providence. The Respondent was issued approvals (permit) from the RIDEM to emit pollutants to the atmosphere from the facility. On September 26, 2016, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Air Pollution Control Regulations and the permit. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/umicore916.pdf. The Respondent did not file an appeal of the NOV with the AAD and fully complied with the NOV.

October 25, 2016 - Site Remediation File No. 2001-031 re: Kevin T. Malloy, United States Investment & Development Corporation and Johnston Corp Profit Plan for property located at 1 Mashapaug Street and 11 Mashapaug Street, Assessor's Plat 43, Lots 956, 957, 958, 959 and 989, in the city of Providence. The Johnston Corp Profit Plan had a tax interest in 1 Mashapaug Street, Assessor's Plat 43, Lot 956. Kevin T. Malloy and the United States Investment & Development Corporation (USIDC) are the owners of the property. On April 13, 2001, the RIDEM received notification of a release of a hazardous material on the property and received a site investigation report (SIR). RIDEM evaluated the SIR and determined that lead, arsenic and cadmium were present in the soil in excess of the residential direct exposure criteria set forth in RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (the Remediation Regulations). The RIDEM issued a Letter of Responsibility to the USIDC in May 2001 and issued a Remedial Decision Letter to the USIDC in June 2001. The Remedial Decision Letter required that USIDC submit a Remedial Action Work Plan (RAWP) to the RIDEM for review and approval. The USIDC failed to submit the RAWP as required. On November 14, 2001 USIDC's corporate charter expired. Kevin T. Malloy was listed as USIDC's president. The Johnston Corp Profit Plan acquired a tax interest in 1 Mashapaug Street, Assessor's Plat 43, Lot 956 on September 14, 2006. On May 9, 2008, the OC&I issued an NOV to Kevin T. Malloy and Johnston Corp Profit Plan alleging that the Respondents violated the RIDEM's Remediation Regulations. The violation pertained to the failure to submit a RAWP to the RIDEM. In the NOV, the OC&I ordered the Respondents to submit a RAWP and an application fee of $1,000 and assessed a penalty in the amount of $17,000. The Respondents filed an appeal of the NOV with AAD. On February 16, 2010, the OC&I issued an Amended NOV. The Amended NOV added USIDC as a named Respondent. At the time the Amended NOV was issued, USIDC had reinstated its corporate charter. The Respondents filed an appeal of the Amended NOV with AAD. On May 18, 2010, the AAD issued a Decision and Order dismissing Johnston Corp Profit Plan as a named Respondent in the Amended NOV. On September 13, 2011, the Respondents submitted a RAWP to the RIDEM, and the RIDEM issued a letter to the Respondents on September 27, 2011 that identified deficiencies in the RAWP. On June 7, 2012, prior to an administrative hearing on the Amended NOV, OC&I and the Respondents executed a Consent Agreement to resolve the Amended NOV. The link to the Consent Agreement is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/usinvest612.pdf. The Respondents paid the penalty in the Consent Agreement but failed to comply with the remaining terms of the Agreement. The Respondents stated that their intent in executing the Agreement was to incorporate the implementation of the RAWP with the sale and redevelopment of the property. On October 25, 2016, the OC&I and the Respondents executed an Amended Consent Agreement. The Agreement gives the Respondents additional time to market the property and requires the Respondents to comply with the terms of the Agreement by August 1, 2017.

Superior Court Actions Issued:

October 12, 2016 - Hazardous Waste File No. 2011- 48 and Superior Court File No. PC 16-4296 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendants Paul A. Silver, as executor of the Estate of Gisele Elkin, Dorothy Elkin, as executor of the Estate of Gisele Elkin and Estate of Gisele Elkin for property located at 21 Sabin Street, Assessor's Map 8, Lot 329 in the city of Pawtucket. Elkin Investments, Inc. was the owner of the property. The Rhode Island Secretary of State's corporations database lists Elkin Investments, Inc. as an inactive corporation. The date of the revocation certificate was November 26, 2007. The record lists Gisele Elkin as the president of the corporation. On August 28, 2013, the OC&I issued an NOV to Gisele Elkin and Thurston Hartford d/b/a E-Lifecycle Management, LLC alleging that Ms. Elkin and Mr. Hartford violated the RIDEM's Rules and Regulations for the Management of Hazardous Waste. Mr. Hartford was a former tenant at the property. The link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/Gisele813.pdf. Ms. Elkin and Mr. Hartford did not file an appeal of the NOV and did not comply with the NOV. Ms. Elkin is deceased but her estate remains open. Mr. Hartford's whereabouts is unknown. On October 12, 2016, 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:

October 7, 2016 - Freshwater Wetlands File No. C92-0187 and Superior Court File No. PC 08-0929 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Peter J. St. Lawrence, III for property located approximately 70 feet north of Starr Street, approximately 180 feet east of the intersection of Starr Street and Venice Avenue, Assessor's Plat 5, Lots 230, 232, and 238 in the town of Johnston. On June 18, 2007, the RIDEM issued an NOV to the Defendant alleging that the Defendant 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 violation pertained to the failure of the Defendant to comply with an approval issued by the RIDEM on January 31, 2000 to restore a freshwater wetland that was altered by the Defendant and to correct a drainage system that was causing flooding of an adjacent upstream property on Venice Street. In the NOV, the RIDEM ordered the Defendant to complete all work required in the approval and submit to the RIDEM a written certification from a registered professional engineer that the storm water drainage system, including any and all basins, piping systems, catch basins, culverts, swales and other storm water management control features have been constructed in accordance with the approval. The RIDEM assessed an administrative penalty of $10,000. The Defendant did not file an appeal of the NOV. On February 5, 2008, the RIDEM performed an inspection of the property. The inspection revealed that the Defendant took some actions to address the violation; however, the actions did not comply with the approval and flooding of the adjacent upstream property was still occurring. On February 20, 2008, the RIDEM filed a complaint in Superior Court asking the court to order the Defendant to comply with the NOV and pay the $10,000. On February 11, 2014, the RIDEM approved a revised plan that was submitted by the Defendant to comply with the NOV. Prior to a hearing on the complaint, with the agreement of the parties, the Court entered an Order requiring the Defendant to complete all work required under the revised plan by May 15, 2017 and pay $4,250 in installments. The first payment of $2,200 was paid upon entry of the Order and the final payment was due by November 1, 2016.

October 13, 2016 - Underground Storage Tank File No. 2013-01793 and Superior Court File No. PC 16-0782 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Bassam Naiefeh for property located at 135 Putnam Avenue, Assessor's Plat 40, Lot 100 in the town of Johnston. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks used for the storage of petroleum products. RJJJ ENTERPRISES, LLC owns the property. On April 22, 2013, the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for RJJJ 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 can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/44mini414.pdf. The Defendant did not file an appeal of the NOV and did not comply with the NOV. On February 22, 2016, 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 link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/naiefput216.pdf. Prior to a hearing on the complaint, the Defendant complied with the Order section of the NOV and, with the agreement of the parties, the Court entered an Order requiring the Defendant to pay the $8,000 penalty in the NOV by November 13, 2016.

October 19, 2016 - OWTS File No. CI99-267 and Superior Court File No. PC04-5455 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Gino Costantino for property located at 1A Snagwood Drive, Assessor's Plat 13, Lot 27 in the town of Foster. On June 13, 2001, the RIDEM issued a NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. The violation pertained to the discharge of sewage to the surface of the ground from the septic system at the property. In the NOV, the RIDEM ordered the Defendant to immediately have the system pumped by a licensed septage hauler; continue such pumping until the system was repaired; immediately take steps to reduce the discharge of sewage to the system and commence work on repair to the system. The RIDEM assessed a penalty in the amount of $3,000. The Defendant appealed the NOV. On March 31, 2003 and April 2, 2003, an administrative hearing on the NOV was held before the AAD. On April 15, 2003, the RIDEM issued a final Decision and Order upholding the NOV. The link to the Decision and Order is www.dem.ri.gov/programs/director/adminadj/pdfs/01007IE.pdf. The Defendant failed to comply with the Decision and Order. On October 7, 2004, the RIDEM filed a complaint in Superior Court asking the court to order the Defendant to comply with the NOV. On February 28, 2005, the Court entered an Order requiring the Defendant to pump the septic system and disconnect the building sewer from the septic tank by excavating the building sewer pipe to the tank, cutting the building sewer pipe, and filling the building sewer pipe with concrete; repair the septic system prior to the transfer of the property to a new owner in accordance with the RIDEM's requirements; and pay the full penalty. The Defendant complied with the Order to disconnect and cap the building sewer pipe, but did not pay the penalty. On May 12, 2016, the RIDEM inspected the property and found that the dwelling was occupied and that sewage was observed on the ground surface. The RIDEM filed a motion in Court to adjudge the Defendant in contempt of the Order. On October 6, 2016, a hearing was held in Superior Court. The Defendant testified that he reconnected the pipe after the RIDEM inspection confirmed that the pipe had been cut and capped, that he did not have the system repaired in accordance with the RIDEM's requirements and that he did not pay the penalty. On October 6, 2016, the Court issued an Order finding the Defendant in willful contempt. The Order requires the Defendant to have the system inspected by a licensed OWTS engineer within 30 days and to comply with whatever the engineer determines is required to repair the system. The Defendant was also ordered to pay the $3,000 penalty within 60 days.