August 2023 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for August 2023. 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 the OC&I used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Rhode Island Department of Environmental Management (RIDEM) Administrative Adjudication Division (AAD). Since most NOVs are contested cases, the OC&I 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 the RIDEM's Office of Customer and Technical Assistance. The OC&I often resolve formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to dem.communications@dem.ri.gov. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 2777307, fax 401-222-3810. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

 

August 8, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-22-44 re:  Theresa S. Beard for a property located at 141 Shun Pike, Assessor’s Plat 11, Lot 15 in Scituate, Rhode Island.  The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

August 18, 2023 – Water Pollution File No. OCI-WP-19-33, RIR101385, STW 16-049 and FWW 16-0074 re: Douglas Enterprises, Ltd., Ironwood Land Co LLC, COVENTRY LAND COMPANY LLC, and William Anthony Excavating, Inc.  for a property located approximately 500 feet south of Teakwood Drive (West) and approximately 600 feet southeast of its intersection with Ironwood Drive, Assessor’s Plat 76, Lot 1 in Coventry, Rhode Island. On or about March 28, 2016, Douglas Enterprises, Ltd. (Douglas) applied to RIDEM to construct a 30-unit residential development at the property. On August 12, 2016, RIDEM issued a permit to Douglas for construction of the project. On November 21, 2016, the permit was recorded in the land evidence records of Coventry, Rhode Island. On August 16, 2021, OC&I issued a NOV to Douglas alleging that Douglas violated Rhode Island’s Water Pollution Act, Freshwater Wetlands Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV. Douglas filed an appeal of the NOV with AAD. Douglas advised RIDEM that it sold the property to Ironwood Land Co LLC (Ironwood) on February 17, 2017, and that Douglas was not involved in the project. On January 13, 2022, RIDEM issued an Amended NOV to include Ironwood as a named respondent. View the Amended NOV. Through discovery RIDEM learned that COVENTY LAND COMPANY LLC entered a contract with William Anthony Excavating, Inc. to construct the project.  The contract identified COVENTRY LAND COMPANY LLC as the owner and William Anthony Excavating, Inc. as the contractor.  On August 18, 2023, RIDEM issued a Second Amended NOV to include COVENTRY LAND COMPANY LLC and William Anthony Excavating, Inc. as named respondents.  View the Second Amended NOV.

August 21, 2023 – Underground Storage Tank File No. OCI-UST-23-33-02186 re: 1345 TRAIL, LLC and 1345 Royal Fuel, Inc. for a property located at 1345 Wampanoag Trail, Assessor’s Map 811, Block 1, Parcel 18, in East Providence, Rhode Island. The property includes a motor fuel storage and dispensing system, and a convenience store (facility).  1345 TRAIL, LLC. owns the property.  1345 Royal Fuel, Inc. operates the facility. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1).   View the NOV.

August 22, 2023 – Underground Storage Tank File No. OCI-UST-23-12-01476 re: Asa U. Mumtaz. for a property located at 7780 Post Road, Assessor’s Plat 139, Lot 7, in North Kingstown, Rhode Island. ASNA Corp owns the Property.  The property includes a motor fuel storage and dispensing system, and a convenience store (facility).  On October 12, 2022, the Certificate of Incorporation/authority for ASNA Corp was revoked by the Rhode Island Secretary of State.  Asa U. Mumtaz is the last known President of ASNA Corp.  OC&I alleges that Respondent violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

August 24, 2023 – Hazardous Waste File No. OCI-HW-22-90 re:  Induplate Operations, LLC for a property located at 1 Greystone Drive in North Providence, Rhode Island.  The property includes a facility used for electroplating, polishing, anodizing, and coloring of medical components, firearms, automotive parts, industrial, aerospace, and electronic products.  OC&I alleges that Respondent violated Rhode Island’s Hazardous Waste Management Act and Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV. 

August 24, 2023 – Underground Storage Tank File No. OCI-UST-23-2-00505 re: WESTLAKES, LLC and Point Judith Road Food and Fuel, Inc. for a property located at 707 Point Judith Road, Assessor’s Plat Y4, Lot 4, in Narragansett, Rhode Island. The property includes a motor fuel filling station and a convenience store (facility).  WESTLAKES, LLC owns the property.  Point Judith Road Food and Fuel, Inc. operates the facility. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

August 24, 2023 – Underground Storage Tank File No. OCI-UST-23-19-00616 re: Charles Street Realty, Inc. and Kelly’s Car Wash, Inc. for a property located at 200 Charles Street (a.k.a. 202 Charles Street), Assessor’s Plat 2, Lot 26, in Providence, Rhode Island. The property includes a motor fuel storage and dispensing system, service station, and a convenience store (facility).  Charles Street Realty, Inc. owns the property.  Kelly’s Car Wash, Inc. operates the facility. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

August 29, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-15-38 re:  Michael A. Ramos and Paula M. Ramos for a property located at 402 Park Avenue, Assessor’s Plat 20, Lot 296 in Portsmouth, Rhode Island.  The property includes a single-family residence that is served by a cesspool. Respondents own the property.  OC&I alleges that Respondents violated the Rhode Island Cesspool Act of 2007, and the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

August 29, 2023 – Underground Storage Tank File No. OCI-UST-23-1-00752 re: DADA REALTY, LLC and JANU CORP. for a property located at 1196 West Shore Road, Assessor’s Plat 336, Lot 148, in Warwick, Rhode Island. The property includes a gasoline filling station, and a convenience store (facility).  DADA REALTY, LLC owns the property.  JANU CORP. operates the facility. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV.

August 3, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-273 re: William C. Maaia and Linda Jane Maaia for property located at 16 Emery Road, Assessor's Plat 16, Lot 229 in Warren, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. On February 17, 2022 OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV Respondents complied with the order section of the NOV and paid a reduced penalty of $2,500 to fully resolve the NOV.

August 9, 2023 – Freshwater Wetland File Nos. 17-160 and 15-0156 re: Kennedy Bui and Vrania Coelho for property located approximately 270 feet west of Bearskin Farm Road, approximately 830 feet north of the intersection of Bearskin Farm Road and Mattity Road, Assessor's Plat 10, Lot 98A and Assessor’s Plat 10, Lot 156 in North Smithfield, Rhode Island. Respondents own Lot 98. Glen J. Hebert and Joanne E. Hebert formerly owned Lot 156. On December 16, 2016,  RIDEM issued a permit to Respondents to alter freshwater wetlands on Lot 156 associated with the construction of a driveway to their house. On January 26, 2018 OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.  Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV Respondents resolved the order section of the NOV to RIDEM’s satisfaction and paid a reduced penalty of $5,000 to fully resolve the NOV.

August 18, 2023 – Underground Storage Tank File No. OCI-UST-19-48-18812 re: 292 East School Street LLC for a property located at 292 East School Street, Assessor’s Plat 20B, Lot 61 in Woonsocket, Rhode Island. The property includes an underground storage tank that formerly held heating oil. Respondent owns the property.  On August 28, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. (250-RICR-140-25-1). View the NOV.  Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV OC&I and Respondent executed a Consent Agreement to resolve the NOV.  View the Agreement.

August 18, 2023 – Underground Storage Tank File No. OCI-UST-19-49-00326 re: 308 East School Street LLC for a property located at 308 East School Street, Assessor’s Plat 20B, Lot 23 in Woonsocket, Rhode Island. The property includes an underground storage tank that formerly held heating oil. Respondent owns the property. On August 28, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s  Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. (250-RICR-140-25-1). View the NOV. Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV OC&I and Respondent executed a Consent Agreement to resolve the NOV.  View the Agreement.

None filed this month.

August 1, 2023 – Underground Storage Tanks File No. OCI-UST-2019-27-02123 and Superior Court File No. PC-2022-06441 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendants Gordon Realty, Inc. and Richmond Airport, Inc. for a property located at 23 Heaton Orchard Road, Assessor's Plat 7E, Lot 26 in Richmond, Rhode Island. The property includes an airport and a motor fuel storage and dispensing system (facility). Defendant Gordon Realty, Inc. owns the property.  Defendant Richmond Airport, Inc. operates the facility. On January 9, 2020, OC&I issued a NOV to Defendants alleging that Defendants violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.  Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On November 10, 2022, RIDEM filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with the NOV.  View the Complaint.  Prior to a hearing on the Complaint by agreement of the parties and permission of the Court a Consent Order was entered to resolve the Complaint.  View the Order.