February 2023 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for February 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 awaits 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.

February 16, 2023 – Dam Safety File No. OCI-DAMS-23-1 re:  Glocester Land Trust for a dam identified as Hawkins Pond Dam, State Identification Number 555, located approximately 2,000 feet west of the intersection of Pulaski Road and Putnam Pike, approximately 470 feet north of Putnam Pike, Assessor’s Plat 1, Lot 32 in Glocester, Rhode Island.  Respondent owns the dam.  The dam is classified by RIDEM as High Hazard.  OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. 

February 20, 2023 – Onsite Wastewater Treatment Facility File No. OCI-OWTS-21-58 re:  Beatrice C. Ferreira, John J. Ferreira, and Lawrence J. Ferreira for a property located at 56 Wood Street, Assessor’s Plat 515, Lot 192 in Tiverton, Rhode Island.  Respondents own the property.  OC&I alleges that Respondents 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.

February 24, 2023 – Underground Storage Tank File No. OCI-UST-22-24-01509 re: Belmont Road Realty Trust and Shahid 3 LLC for a property located at 139 Legris Avenue, Assessor’s Plat 15, Lots 8 and 9, in West Warwick, Rhode Island. The property includes a motor fuel filling station and a convenience store and underground storage tanks used to store petroleum products (facility).  Belmont Road Realty Trust owns the property. Shahid 3 LLC 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.  

February 24, 2023 – Freshwater Wetland File No. OCI-FW-17-126 re: SOSCIA HOLDINGS, LLC for a property located approximately 600 feet west of Whitehead Road and approximately 1,100 feet south of the intersection with Flat River Road (Route 117), at 115 Whitehead Road, Assessor’s Plat 58, Lot 39.1 and at 125 Whitehead Road, Assessor’s Plat 58, Lot 39.2 in Coventry, Rhode Island.  Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1) (currently 250-RICR-150-15-3).  View the NOV.

February 2, 2023 – Solid Waste File No. SW 2010-60 re: Wayne P. Spicer, Kerri Lynn Desnoyers, and Lina J. Spicer for property located at 41 Colwell Road, Assessor’s Plat 47, Lot 49C in Smithfield, Rhode Island.  Respondents own the property. On March 22, 2011, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Refuse Disposal Act. View the NOV. Respondents did not file an appeal of the NOV with AAD.  Respondents fully complied with the Order section of the NOV and paid the full penalty assessed in the NOV.

February 15, 2023 – Hazardous Waste File No. OCI-HW-16-54 re: Emory Chapman and The Indian River Company for a property located at 41 Rocky Hollow Road, Assessor’s Plat 3, Lot 276 in East Greenwich, Rhode Island. The property includes a motor vehicle repair and service business (facility). The Indian River Company owns the property. Emory Chapman formerly operated the facility doing business as Greenwich Garage. On January 24, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Oil Pollution Control Act and Oil Pollution Control Regulations. View the NOV.  The Indian River Company (IRC) filed an appeal of the NOV with AAD.  RIDEM learned that Emory Chapman died prior to RIDEM’s issuance of the NOV.  Prior to an administrative hearing on the NOV with IRC, OC&I and IRC executed a Consent Agreement to resolve the NOV.  View the Agreement.  IRC paid the penalty in full prior to the deadlines in the Consent Agreement to fully resolve the matter.

February 20, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-17-32 re: Josephine Richmond Arkins for property located at 54 South of Commons Road, Assessor's Plat 31, Lot 3 in Little Compton, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property.  On August 23, 2018, OC&I issued a NOV to Respondent alleging 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. Respondent did not file an appeal of the NOV with AAD.  Respondent complied with the Order section of the NOV but did not pay the administrative penalty assessed in the NOV.  OC&I referred collection of the penalty to the Department of Revenue.  Respondent paid the full penalty assessed in the NOV plus interest to fully resolve the NOV. 

February 20, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-150 re: James T. Chase and Joyce A. Chase for property located at 457 Hill Farm Road, Assessor's Plat 318, Lot 145 in Coventry, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents owns the property.  On November 28, 2014, 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 (250-RICR-150-10-6). View the NOV. Respondents did not file an appeal of the NOV with AAD.  Respondents complied with the Order section of the NOV and paid the full penalty assessed in the NOV.

February 22, 2023 – Onsite Wastewater Treatment System File No. CI08-0076 and OCI-OWTS-14-68 re:  Gary D. King and Florence King for a property located at 2131 Elmwood Avenue, Assessor's Plat 296, Lot 468 in Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents formerly owned the property.  On April 27, 2010, 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 (250-RICR-150-10-6). The violations pertained to the overflow of wastewater from the onsite wastewater treatment system to the surface of the ground. In the NOV, OC&I ordered Respondents to cease the discharge of wastewater to the surface of the ground, pump the system as needed to prevent overflows, and/or repair the system. An administrative penalty of $2,600 was assessed.  Respondents did not file an appeal of the NOV and did not comply with the NOV. The property was foreclosed, and the bank paid the $2,600 penalty that was assessed. The property was acquired by new owners.  The new owners complied with the Order section of the NOV to fully resolve the NOV.

February 24, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-15-57 re: Easy Stay, LLC for a property located at 7255 Post Road, Assessor's Plat 136, Lot 11 in North Kingstown, Rhode Island. The property includes an apartment building. Respondent owns the property.  On April 4, 2017, OC&I issued a NOV to Respondent alleging 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. Respondent filed an appeal of the NOV with AAD.  On August 21, 2018, an administrative hearing was held on the appeal of the NOV.  On January 25, 2019, AAD’s hearing officer issued a Decision and Order dismissing the appeal and upholding the NOV in its entirety.  Respondent filed an appeal of the Decision and Order to Superior Court.  Prior to a hearing on the appeal in Superior Court, Respondent complied with the Order section of the NOV and paid the full penalty assessed in the NOV. 

None filed this month.

None settled or resolved this month.