October 2018 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 2018. 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 Angela Spadoni at 401-222-4700 ext. 7307. 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 12, 2018 – On Site Wastewater Treatment System File No. OCI-OWTS-18-67 and OWTS Installer License L-0576 re: Robert Russo for property located at 486 Atlantic Avenue in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). Respondent installed the OWTS. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

October 12, 2018 – On Site Wastewater Treatment System File No. OCI-OWTS-18-65 and OWTS Designer License D-3026 re: Eugene Spring for property located at 486 Atlantic Avenue in the Town of Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). Respondent designed the OWTS and inspected the installation of the OWTS. The OC&I alleges that Respondent violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

October 23, 2018 – Water Pollution File No. OCI-WP-18-8 re: Mark J. Ginalski dba MG Marine, Inc. for a sunken commercial barge in Providence River. Respondent owns the barge. The OC&I alleges that Respondent violated Rhode Island’s Water Pollution Act and the RIDEM’s Water Quality Regulations. View the NOV.

October 25, 2018 – Underground Storage Tank File No. OCI-UST-2018-5-02778 re: MALIN BAY, LLC and CAMPTON INDUSTRIES, L.L.C. for property located at 2949 Tower Hill Road, Assessor’s Plat 18-2, Lot 7 in the Town of South Kingstown, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). MALIN BAY, LLC owns the property, title having been transferred on October 20, 2017 from CAMPTON INDUSTRIES, L.L.C. CAMPTON INDUSTRIES, L.L.C. operates the facility. The OC&I alleges that Respondents violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

October 25, 2018 – Site Remediation File No. 18-3 re: Raymond E. Johnson dba Ray-Lou Realty, LLC and Bridgestone Americas Tire Operations, LLC for property located on Brayton Road, Assessor’s Plat 506, Lot 110 in the Town of Tiverton, Rhode Island. The property is a former solid waste landfill. Ray-Lou Realty, LLC owns the property. On June 1, 2015, the Rhode Island Secretary of State revoked the Certificate of Registration/Organization for the corporation. Raymond E. Johnson is the last known manager of the corporation. Solid waste generated by Firestone Tire & Rubber Company was deposited in the landfill from approximately 1954 to 1961. Bridgestone Americas Tire Operations, LLC is a successor to the corporation. The OC&I alleges that Respondents violated Rhode Island’s Hazardous Waste Management Act, Rhode Island’s Industrial Property Remediation and Reuse Act, Rhode Island’s Water Pollution Act and the RIDEM’s Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. View the NOV.

Formal Enforcement Actions Settled or Resolved:

October 30, 2018 – Freshwater Wetland File No. 15-117 re: Syed Husain and Sadia Husain for property located at 20 Red Brook Crossing, Assessor's Plat 26, Lot 253 in the Town of Lincoln, Rhode Island. Respondents own the property. On May 12, 2016, the OC&I issued an NOV to Respondents alleging that Respondents 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. View the NOV. Respondents filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, the OC&I and Respondents 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:

October 10, 2018 – OWTS File CI10-103 and Superior Court File No. PC-2016-4231 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Paul J. McCabe, Jr. for property located at 12 Allen's Cove, Assessor's Plat 9, Lot 216, in the Town of Charlestown, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On December 31, 2010, the OC&I issued an NOV to Defendant alleging that Defendant violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. See the NOV. Defendant filed an appeal of the NOV with the AAD. Prior to an administrative hearing on the NOV, on October 6, 2011, the OC&I and Defendant executed a Consent Agreement to resolve the NOV. See the Agreement. Defendant failed to comply with the Consent Agreement. On September 7, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the Consent Agreement. On March 20, 2017, by agreement of the parties, an Order was entered with the Court that required Defendant to cease further laundry use, limit occupancy to 2 persons, pump the OWTS as needed to prevent overflows and comply with the agreement that was reached with the Town of Charlestown to repair the OWTS. The Court found Defendant in contempt of the Order for his failure to repair the OWTS in accordance with the agreement reached with the Town of Charlestown. On September 25, 2018, Defendant repaired the OWTS, as evidenced by the issuance of a Certificate of Conformance of the OWTS to Defendant from the RIDEM. On October 10, 2018, the Court issued an Order that purged Defendant of contempt and released Defendant of any penalty imposed for past findings of contempt. The Order requires Defendant to pay $9,300 to the RIDEM within 6 months for his failure to comply with the Consent Agreement.