July 2023 Enforcement Action Summary

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

July 10, 2023 – Water Pollution File No. OCI-21-20 X-ref FWW 16-0192, STW 16-124 and RIR101445 re:  TERRAPIN DEVELOPMENT, LLC for a property located at Hidden Meadows Drive, Assessor’s Plat 56, Lots 22, 23 and 49, and Plat 57, Lots 28 and 36 in Cumberland, Rhode Island.  On September 26, 2018, RIDEM issued a statewide General Permit for Stormwater Discharge Associated with Construction Activity (“2018 CGP”).  On October 18, 2018, RIDEM issued a Permit to Alter Freshwater Wetlands No. FWW16-0192 and a General Permit for Stormwater Discharge Associated with Construction Activity No. RIR101445 to Respondent for construction of a 20-lot residential subdivision on the property (“Wetlands Permit”).  On October 17, 2019, the Wetlands Permit expired.  On September 25, 2020, the 2018 CGP expired. OC&I alleges that Respondent violated Rhode Island’s Water Pollution Act, Water Quality Regulations (250-RICR-150-05-1), and Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV.

July 12, 2023 – Freshwater Wetlands File No. OCI-FW-23-67 re:  SOSCIA HOLDINGS, LLC for a dam identified as Flat River Reservoir Dam, State Identification Number 167 located north of Reservoir Road and south of Flat River Road in Coventry, Rhode Island.  Respondent owns the dam.  Respondent acquired ownership of the dam on March 3, 2020.   OC&I alleges that Respondent violated Rhode Island’s Dam Permits Act and Rules and Regulations for Dam Operation Permits (250-RICR-130-10-1). View the NOV.

July 12, 2023 – Water Pollution File No. OCI-22-194 X-ref FWW 22-0061, STW 22-028 and RIR102322 re:  PENDAR REALTY I, LLC, Richard Marcello d/b/a Cedar Forest Associates L.L.C. and LABONTE LANDSCAPE CONSTRUCTION INC for a property comprised of two separate lots located north and west of Cedar Forest Road, approximately 375 feet north of its intersection with Latham Farm Road, Assessor’s Plat 49, Lot 24, and Plat 50, Lot 52 in Smithfield, Rhode Island.  On September 22, 2003, Rhode Island’s Secretary of State revoked the Certificate of Organization for Cedar Forest Associates L.L.C. Upon information and belief, Richard Marcello is the last known manager of the company.  On June 22, 2022, RIDEM issued a freshwater wetlands Insignificant Alteration Permit and a General Permit for Stormwater Discharge Associated with Construction Activity to PENDAR REALTY I, LLC, Cedar Forest Associates L.L.C. and the Town of Smithfield, Rhode Island to extend Cedar Forest Road and construct 2 new single-family residences and associated infrastructure at the property.  Upon information and belief, LABONTE LANDSCAPE CONSTRUCTION INC is constructing the project. OC&I alleges that Respondents violated 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) and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-3). View the NOV.

July 13, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-200 re:  Lauren M. Pacheco for a property located at 40 Lawrence Court, Assessor’s Plat 408, Lot 122 in Tiverton, Rhode Island.  The property includes a single-family residence that is served by a cesspool. Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Cesspool Act of 2007 and Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. 

July 19, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-219 re:  Francesco Salamone for a property located at 164 South Shore Avenue, Assessor’s Plat 334, Lot 429 in Warwick, Rhode Island.  The property includes a single-family residence that is served by a cesspool. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island’s Cesspool Act of 2007 and Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. 

July 24, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-22-39 re:  Edgar A. Perez for a property located at 4 Hickory Road, Assessor’s Plat 79, Lot 88 in Coventry, 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. 

July 21, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-203 re: Angela J. Parrillo Living Trust for a property located at 36 Mollusk Drive, Assessor's Plat R/2, Lot 350 in Narragansett, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondent owns the property. On January 2, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Cesspool Act of 2007 and 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.  Prior to an administrative hearing on the NOV, Respondent properly abandoned the cesspool by pumping and filling it. The house has been gutted and a new onsite wastewater treatment system will be installed later. The penalty was waived in its entirety.

July 24, 2023 – Underground Storage Tank File No. OCI-UST-17-64-00456 re: The Estate of Souhail Khoury for a property located at 676 Putnam Pike, Assessor’s Plat 4, Lot 7 in Smithfield, Rhode Island. The property includes a former motor vehicle service station and a motor fuel storage and dispensing system and underground storage tanks that were used for storage of petroleum product.  Respondent formerly owned the property.  On March 14, 2019, 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 did not file an appeal of the NOV with AAD and did not comply with the NOV.  On December 21, 2020, the property was acquired by Lancellotta Holdings II, LLC. The company complied with the Order section of the NOV. In lieu of forwarding the collection of the penalty to the Department of Revenue, OC&I and Lancellotta Holdings II, LLC executed a Consent Agreement to resolve the NOV. View the Agreement.

None filed this month.

July 18, 2023 – On Site Wastewater Treatment System File No. OCI-OWTS-14-131 and Superior Court File No. PM-2022-03424 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant The Barbara P. Fedun Trust Agreement for a property located at 36 Bay Street, Assessor's Plat 179, Lot 100 in Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Defendant owns the property. On May 29, 2019, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island’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 AAD and did not comply with the NOV. On June 1, 2022, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV. View the Complaint.  On July 18, 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.