September 2017 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 2017. 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, 2017 - Freshwater Wetland File No. 17-20 re: 394 Carr’s Trail Realty, LLC, Mark DePasquale and June DePasquale for property located approximately 2,000 feet north of Flat River Road and approximately 1,500 feet southeast of Carr’s Trail, Assessor’s Plat 315, Lots 37.1 and 58 in Coventry. 394 Carr’s Trail Realty, LLC owns Lot 37.1. Mark DePasquale and June DePasquale own Lot 58. View the NOV. The OC&I alleges 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.

September 1, 2017 - Underground Storage Tank File No. 17-18 re: TA OPERATING LLC for property located at 849 Victory Highway in West Greenwich. Underground storage tanks are located on the property, which are used for the storage of petroleum products. Respondent owns the property. View the NOV. The OC&I alleges that Respondent is in violation of the RIDEM's Oil Pollution Control Regulations.

September 8, 2017 - Dam File No. State I.D. 121 (Sprague Lower Reservoir Dam) and 17-5 re: LAKE WIONKHIEGE IMPROVEMENT ASSOCIATION for a dam located approximately 250 feet southwest of the intersection of Tomahawk Trail and Arrowhead Trail in Smithfield. The dam is classified by the RIDEM as High Hazard. Respondent owns the dam. View the NOV. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

September 13, 2017 - Underground Storage Tank File No. 2017-27-00789 re: COLBEA ENTERPRISES, L.L.C. and J ENTERPRISES, INC. for property located at 1020 Narragansett Boulevard, Assessor's Plat 87, Lot 1064 in Providence. The property includes a motor fuel storage and dispensing system and a convenience store and underground storage tanks used for the storage of petroleum products (facility). COLBEA ENTERPRISES, L.L.C. owns the property. J ENTERPRISES, INC. operates the facility. View the NOV. The OC&I alleges that Respondents are in violation of the RIDEM's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

September 20, 2017 - Dam File No. State I.D. 46 (Slatersville Middle Dam) and 16-7 re: Dudley Development Corporation for a dam located approximately 1,255 feet southwest of the intersection of Railroad Street and Main Street and approximately 480 feet east of Main Street, Assessor’s Plat 4, Lot 34A in North Smithfield. The dam is classified by the RIDEM as High Hazard. Respondent owns the dam. View the NOV. The OC&I alleges that Respondent is in violation of the RIDEM's Rules and Regulations for Dam Safety.

Formal Enforcement Actions Settled or Resolved:

September 15, 2017 - Air Pollution File No. 16-307 re: Mel-Co-Ed, Inc. for a facility located at 381 Roosevelt Avenue in Pawtucket. Respondent has an Emissions Cap from the RIDEM that caps emissions of hazardous pollutants (HAP) from the facility. The Cap requires Respondent to maintain records sufficient to determine actual HAP emissions for the facility for the previous 12 months, to be determined monthly, no later than 15 days after the first of the month. On May 24, 2017, the OC&I issued an NOV to Respondent alleging that Respondent violated the RIDEM's Air Pollution Control Regulations and the Cap. View the NOV. Respondent paid the full penalty assessed in the NOV to resolve the NOV.

September 26, 2017 - Freshwater Wetland File No. 17-20 re: 394 Carr’s Trail Realty, LLC, Mark DePasquale and June DePasquale for property located approximately 2,000 feet north of Flat River Road and approximately 1,500 feet southeast of Carr’s Trail, Assessor’s Plat 315, Lots 37.1 and 58 in Coventry. 394 Carr’s Trail Realty, LLC owns Lot 37.1. Mark DePasquale and June DePasquale own Lot 58. On September 1, 2017, 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. Prior to filing an appeal of the NOV with the AAD, the OC&I and Respondents executed a Consent Agreement to resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month