January 2023 Enforcement Action Summary

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

January 5, 2023 – Dam Safety File No. OCI-DAMS-22-18 re:  Foster Land Trust for a dam identified as Gorham N. Farm Pond Dam, State Identification Number 526, located approximately 932 feet north of the intersection of Moosup Valley Road and Cucumber Hill Road, approximately 300 feet west of Cucumber Hill Road, Assessor’s Plat 1, Lot 22A in Foster, Rhode Island.  Respondent owns the dam.  The dam is classified by RIDEM as Significant Hazard.  OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV.

January 9, 2023 – Dam Safety File No. OCI-DAMS-22-17 re:  WALL STREET INVESTMENT, LLC for a dam identified as Bleachery Pond Dam, State Identification Number 104, located approximately 400 feet southwest of the intersection of Chapel Lane and Walker Street, approximately 300 feet southeast of Walker Street, Assessor’s Plat 2, Lot 88 and Plat 2, Lot 92 in Lincoln, 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. 

January 19, 2023 – Solid Waste File No. OCI-SW-20-3 re: George Secchiaroli for a property located at 80 Nooseneck Hill Road, Assessor’s Plat 6, Lot 33-2 in West Greenwich, Rhode Island. BUSTER CORP owns the property.  On June 30, 2017, the Massachusetts Secretary of the Commonwealth involuntarily dissolved the Certificate of Incorporation for BUSTER CORP.  Respondent is the last known president of BUSTER CORP.  OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act, Freshwater Wetlands Act, and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-3) (formerly 250-RICR-150-15-1).  View the NOV.

January 19, 2023 – Freshwater Wetland File No. OCI-FW-20-244 re: Jennifer Cosgrove for a property located approximately 185 feet south of Middle Road, generally west of the dwelling at 160 Middle Road, approximately 300 feet southwest of the intersection of Middle Road and Ridgefield Drive, Assessor’s Plat 8, Lot 68 in East Greenwich, Rhode Island. Respondent formerly owned 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.  View the NOV.

January 23, 2023 – Water Pollution File No. OCI-WP-22-140 x-ref RIPDES Permit RI0100048 re: City of East Providence.  Respondent owns a wastewater treatment facility located at 1 Crest Avenue in East Providence, Rhode Island (facility).  The facility treats wastewater generated from domestic and industrial users.  On October 2, 2000, RIDEM issued an approval to Respondent to dispose of wastewater sludge from the facility.  On February 1, 2016, RIDEM issued a permit to Respondent to discharge treated wastewater from the facility to Providence River.  OC&I alleges that Respondent violated the approval, permit and Rhode Island's Water Pollution Act, Water Quality Regulations (250-RICR-150-05-1), Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1), Rules and Regulations Pertaining to the Operation and Maintenance of Wastewater Treatment Facilities (250-RICR-150-10-4), and Rules and Regulations for Sewage Sludge Management (250-RICR-150-10-3). View the NOV.

January 11, 2023 – Solid Waste File No. OCI-SW-17-41 and Site Remediation File No. OCI-SR-19-2 re: Lonnie Jackson for a property located at 632 River Street, Assessor’s Plat 8D, Lot 27 in Woonsocket, Rhode Island. Respondent formerly owned the property.  On August 8, 2007, an Environmental Land Use Restriction (ELUR) was recorded on the property title because of concentrations of total petroleum hydrocarbons, polycyclic aromatic hydrocarbons and arsenic present in the soil at levels that exceed the commercial direct exposure criteria in the State’s regulations. The ELUR requires the owner to perform annual inspections of the restrictions and engineering controls set forth in the ELUR and submit an annual evaluation report to RIDEM.  On January 27, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the ELUR and Rhode Island’s Refuse Disposal Act, Industrial Property Remediation and Reuse Act and Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (250-RICR-140-30-1). View the NOV.  Respondent did not file an appeal of the NOV.  Respondent died, and his estate fully complied with the Order section of the NOV and paid a reduced penalty of $10,000 to resolve the NOV. 

January 25, 2023 – Air Pollution File No. OCI-AIR-20-110 re: 597 BRANCH AVE. LLC and Mitri, Inc. for a property located at 597 Branch Avenue in Providence, Rhode Island. The property includes a gas dispensing facility (facility). 597 BRANCH AVE. LLC owns the property. Mitri, Inc. operates the facility. The facility is a stationary source of air pollutants. On February 15, 2021, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Air Pollution Control Regulation No. 11 – Petroleum Liquids Marketing and Storage. View the NOV.  Respondents did not file an appeal of the NOV. Respondents 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, and Respondents paid the full penalty assessed in the NOV. 

None filed this month.

January 17, 2023 – On Site Wastewater Treatment System File No. OCI-OWTS-20-11 and Superior Court File No. PC-2022-00526 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendants Judith Olivier and Amy Conners for a property located at 34 Massachusetts Avenue, Assessor's Plat 21, Lot 148 in Cumberland, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). Defendants own the property. On May 17, 2021, OC&I issued a NOV to Defendants alleging that Defendants violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On January 26, 2022, RIDEM filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with the NOV. View the Complaint. On January 17, 2023, 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.