September 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 September 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:

September 1, 2015 - Hazardous Waste File No. OCI-HW-14-118 re: Bob's 1 Stop Cleansers, Inc. for a facility located at 287 Cumberland Street in the city of Woonsocket. The facility is used for the dry cleaning of clothing and is operated by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations.

September 1, 2015 - OWTS File No. 15-63 re: Steven P. Handy and Monica A. Handy for property located at 89 Longfellow Drive, Assessor's Plat 171, Lot 2 in the town of North Kingstown. 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.

September 10, 2015 - Hazardous Waste File No. OCI-HW-15-14 re: China Merchant, Inc. (d/b/a Oriental Cleaners) for a facility located at 5627 Post Road in the town of East Greenwich. The facility is used for the dry cleaning of clothing and is operated by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations.

September 16, 2015 - Water Pollution File No. WP 14-74 re: ANM REALTY, LLC and Allens Ave Metals, LLC for property located at 278 Allens Avenue, Assessor's Plat 47, Lot 146 in the city of Providence. The property includes a facility engaged in scrap metal recycling. ANM REALTY, LLC owns the property, and Allens Ave Metals, LLC operates the facility. The OC&I alleges that the Respondents are in violation of Rhode Island's Water Pollution Act, the RIDEM's Water Quality Regulations, and the RIDEM's Regulations for the Rhode Island Pollutant Discharge Elimination System.

September 16, 2015 - AIR File No. 15-03 and OCI-AIR-15-41 re: Quarter Moon, Incorporated for a facility located at 200 Highpoint Avenue in the town Portsmouth. The facility is used for the manufacturing of sailboats and is owned by the Respondent. The OC&I alleges that the Respondent is in violation of the RIDEM's Air Pollution Control Regulations.

September 16, 2015 - Hazardous Waste File No. OCI-HW-13-37, 13-38, 13-43, 13-51, 13-62, 13-63 and 13-64 re: WALGREEN EASTERN CO., INC. for retail pharmacies in Rhode Island doing business as Walgreens Co. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for Hazardous Waste Management and Title 40 of the Code of Federal Regulations at seven pharmacies.

Formal Enforcement Actions Settled or Resolved:

September 3, 2015 - Site Remediation File No. 13-01 re: City of Providence for parcels located at 587, 589, and 591 Charles Street in the city of Providence. The Respondent owns the parcels. On January 14, 2014, the OC&I issued an NOV to the Respondent alleging that the Respondent violated the RIDEM's Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. The link to the NOV can be found at www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/provchar0114.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 OC&I and the Respondent resolved the NOV.

September 4, 2015 - Underground Storage Tank File No. 2015-0893 and LUST No. 2609 re: Caldas Enterprises, LLC for property located at 347-351 Broadway, Assessor's Plat 20, Lot 528, in the city of Pawtucket. Alan J. Pine (Pine) was the former owner of the property. Pine died on February 28, 2012. The property included six underground storage tanks that were used for the storage of petroleum products (USTs). On July 17, 1991, the RIDEM observed the removal of the USTs and that a release of petroleum to the ground had occurred on the property. On December 2, 1994, the RIDEM issued an NOV to Pine alleging that Pine violated the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. Pine failed to file an appeal of the NOV with the AAD and did not comply with the NOV. In lieu of proceeding to Superior Court to enforce the NOV, the OC&I and Caldas Enterprises, LLC executed a Consent Agreement to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

September 11, 2015 - Hazardous Waste File No. 2007 746 HW and Superior Court File No. PM 14-1033 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant William L. Ricci for property located at 715R Branch Avenue in the city of Providence. The property includes the former Wanskuck Mill Power House building and is currently owned by Wanskuck Steam Power Co (WSP). The Defendant is the former president of WSP. WSP had its corporate status revoked by the Rhode Island Secretary of State in 1993. Wanskuck Steam and Power HVAC Co., LLC is listed in the Rhode Island Secretary of State corporation database as the successor corporation to WSP. The Defendant is the former owner of Wanskuck Steam and Power HVAC Co., LLC. Wanskuck Steam and Power HVAC Co., LLC had its corporate status revoked by the Rhode Island Secretary of State in 2011. On January 12, 2010 the OC&I issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Oil Pollution Control Act and the RIDEM's Rules and Regulations for Hazardous Waste Management, Oil Pollution Control Regulations, and Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. The Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV. On February 21, 2014, the RIDEM filed a complaint in the Superior Court and asked the court to order the Defendant to comply with the NOV. On September 11, 2015, the RIDEM and the Defendant came to an agreement that was entered as an order of the Court to resolve the NOV.

September 24, 2015 - OWTS File No. 12-23 and Superior Court File No. PC-2015-3480 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Anthony L. Zavota and Mary Ellen Zavota for property located at 270 West Greenville Road, Assessor's Plat 17, Lot 33 in the town of Scituate. The Defendants own the property. On February 24, 2012, the OC&I 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 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/zavota212.pdf. The Defendants did not comply with the NOV. On August 11, 2015, the RIDEM filed a complaint in the Superior Court and asked the Court to order the Defendants to fully comply with the NOV. On September 24, 2015, the RIDEM and the Defendants came to an agreement that was entered as an order of the Court to resolve the NOV.

September 24, 2015 - OWTS File No. CI09-28 and Superior Court File No. PC-2015-3481 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Norbert Mongeon, Sr., in his capacity as President of Mongeon Realty, Inc. for property located at 7 Sayles Hill Road, Assessor's Plat 17, Lot 132 in the town of North Smithfield. Mongeon Realty, Inc. owns the property. On May 28, 2010, the OC&I issued an NOV to the Defendant alleging that the Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. The Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On August 11, 2015, the RIDEM filed a complaint in the Superior Court and asked the Court to order the Defendant to fully comply with the NOV. On September 24, 2015, the RIDEM and the Defendant came to an agreement that was entered as an order of the Court to resolve the NOV.