September 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 September 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:

September 15, 2016 - Hazardous Waste File No. OCI-HW-16-83 re: Ken Rocha Collision LLC for a facility located at 555 Cranston Street in the city of Providence. The facility is an auto body repair business. The Respondent operates the facility. The OC&I alleges that the Respondent is in violation of the RIDEM's Rules and Regulations for the Management of Hazardous Waste and Title 40 of the Code of Federal Regulations.

September 26, 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. The OC&I alleges that the Respondent is in violation of the RIDEM's Air Pollution Control Regulations and the permit.

Formal Enforcement Actions Settled or Resolved:

None settled or resolved this month.

Superior Court Actions Issued:

September 7, 2016 - OWTS File 13-70 and Superior Court File No. PC-2016-4232 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendants Deborah DiIorio and Kenneth LeBlanc for property located at 2774 Hartford Avenue, Assessor's Plat 57, Lot 40 in the town of Johnston. The property includes a residential dwelling and is owned by the Defendants. On November 25, 2013, 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 link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/dilorio1113.pdf. The Defendants did not file an appeal of the NOV with the AAD and did not comply with the NOV. On September 7, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendants to fully comply with the NOV.

September 7, 2016 - 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. The property includes a residential dwelling and is owned by the Respondent. On December 31, 2010, the OC&I issued an NOV to the Defendant alleging that the Defendant violated 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/mccabe12.pdf. The 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 the Defendant executed a Consent Agreement to resolve the NOV. The link to the Consent Agreement is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/mccabe1011.pdf. The Defendant has failed to comply with the Consent Agreement. On September 7, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to fully comply with the Consent Agreement.

September 7, 2016 - OWTS File No. 14-125 and Superior Court File No. PC-2016-4233 re: Plaintiff, Janet L. Coit, Director, RIDEM vs. Defendant Stella H. Walden for property located at 235 Putnam Pike, Assessor's Plat 17, Lot 76 in the town of Glocester. The property includes a residential dwelling and is owned by the Respondent. On November 28, 2014, 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 link to the NOV is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/walden1114.pdf. The Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On September 7, 2016, the RIDEM filed a complaint in Superior Court asking the Court to order the Defendant to fully comply with the NOV.

September 15, 2016 - UST File No. 06-00317 and Superior Court File No. PC 13-3540 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants Dib Tannous d/b/a Magic Realty, LLC and Magic Gas, Inc. for property located at 1885 Mineral Spring Avenue, Assessor's Plat 21A, Lot 853 in the town of North Providence. The property includes an automobile service station (facility). The facility includes three gasoline underground storage tanks (USTs), two of which are 10,000-gallons and the other that is 6,000-gallons. The facility is identified by the RIDEM as UST facility #00317. Magic Realty, LLC is listed as the current owner of the property; however, the corporate charter for Magic Realty, LLC was revoked by the Secretary of State on October 3, 2006. Defendant Tannous continues to maintain and pay municipal property taxes for the property doing business as "Magic Realty, LLC". Defendant Magic Gas, Inc. is the current operator of the facility. On April 17, 2006 the OC&I issued an NOV to Defendants Tannous and Magic Gas alleging that the Defendants were in violation of 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: complete a transfer of certificate of registration form to the RIDEM; maintain the impressed current cathodic protection system for the USTs; perform an operational survey of the impressed current cathodic protection system during the years 2001 and 2003; inspect the impressed current cathodic protection system to ensure proper operation at least once every 60 days from April 2002 through December 2005; perform tightness testing of the USTs during the years 2001 and 2003; test the line leak detectors for the USTs during the years 2001, 2002 and 2003; test the shear valves to ensure proper operation at least once per year during the years 2002, 2003 and 2004; maintain and check the alarm status of the continuous monitoring system (CMS) and investigate the alarm status reporting problems with the CMS and facility operation; perform monthly testing of the CMS from December 2002 through December 2005 and annual testing of the CMS for the years 2001 through 2004 and maintain spill containment basins at the facility. In the NOV, the OC&I ordered the Defendants to achieve compliance with the RIDEM's UST Regulations and assessed a penalty in the amount of $28,082.00. The Defendants failed to file an appeal of the NOV with AAD and failed to comply with the NOV. On July 18, 2013, the RIDEM filed a complaint in Superior Court asking the court to order the Defendants to comply with the NOV. After filing the complaint, the RIDEM inspected the facility and determined that the facility was abandoned. The RIDEM attempted to work with the Defendants to have the USTs removed and properly close the facility, but the Defendants failed to follow through on the closure. On September 15, 2016, the RIDEM filed an amended complaint in Superior Court asking the court to order the Defendants to remove the USTs and properly close the facility and pay the administrative penalty assessed in the NOV and an additional penalty of $13,260 for economic benefit of noncompliance.

Superior Court Actions Settled or Resolved:

September 7, 2016 - OWTS File No. 12-62 and CI 12-46 and Superior Court File No. PC-2015-4651 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Elizabeth A. Dibiasio for property located at 1260 Wallum Lake Road, Assessor’s Plat 119, Lot 11 in the Town of Burrillville, Rhode Island. The property includes a residential dwelling and is owned by Defendant. On July 24, 2012, the OC&I issued an NOV to Defendant alleging that Defendant violated the RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On October 23, 2015, the RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint. On September 7, 2016, the parties reached an agreement that was entered by the Court to resolve the Complaint. Defendant agreed to submit an application to the RIDEM within 30 days to repair the failed onsite wastewater treatment system (OWTS) at the property and install the OWTS within 120 days of the RIDEM’s approval of the application.

September 20, 2016 - Solid Waste File No. SW 06-003 and Superior Court File No. PC 2016-1193 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant Dennis F. Conte for property located at 108 Old Pocasset Road, Assessor's Map 44, Lot 414 in the town of Johnston. The property includes a business known as Chumlee's Trash and Demo. The Defendant owns the property and operates the business. On June 26, 2006, the RIDEM issued an NOV to the Defendant alleging that the Defendant violated Rhode Island's Refuse Disposal Act and the RIDEM's Solid Waste Regulations. The violation pertained to the operation of a solid waste management facility without a license and disposing of solid waste at other than a licensed solid waste management facility. The RIDEM's inspection of the property revealed that about 527 cubic yards of solid waste was deposited on the ground and land filled on the property. The solid waste consisted of scrap metal, white goods, construction and demolition debris and other mixed solid waste. In the NOV the Defendant was ordered to cease operating a solid waste management facility without a license, cease disposing of solid waste on the property, and properly dispose of the solid waste at a licensed facility. A penalty of $25,000 was assessed in the NOV. The Defendant did not file an appeal of the NOV with the AAD and did not comply with the NOV. On March 16, 2016, the RIDEM filed a complaint in the Superior Court asking the court to order the Defendant to comply with the NOV. The link to the complaint is www.dem.ri.gov/programs/benviron/compinsp/enfact/actions/conte316.pdf. On September 20, 2016, the Court entered an Order by agreement of the parties. The Order states that the Defendant shall remove and properly dispose of all solid waste on the property by November 14, 2016 and provide financial records to the RIDEM to determine the Defendant's ability to pay the administrative penalty.