June 2023 Enforcement Action Summary

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

June 1, 2023 – Freshwater Wetlands File No. OCI-FW-21-13 re:  Christopher Cavedon for a property located approximately 250 feet west of Camp Dixie Road, generally west/southwest of house number 545 Camp Dixie Road, approximately 1.2 miles south of the intersection of Camp Dixie Road and Eagle Peak Road, Assessor’s Plat 245, Lots 5 and 6 in Burrillville, Rhode Island.  Respondent owns Lot 5.  Joseph E. Fidrych and Susan M. Fidrych own Lot 6.  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-150-15-3) (formerly 250-RICR-150-15-1). View the NOV. 

June 6, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-282 re:  Robert Morvillo for a property located at 142 South Shore Avenue, Assessor’s Plat 334, Lot 433 in Warwick, Rhode Island.  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. 

June 28, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-201 re:  Jerry J. Papitto and Loraine Papitto for a property located at 146 South Shore Avenue, Assessor’s Plat 334, Lot 431 in Warwick, Rhode Island.  Respondents owns the property. OC&I alleges that Respondents 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. 

June 28, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-214 re:  Thomas M. Roach and Barbara J. Roach for a property located at 144 South Shore Avenue, Assessor’s Plat 334, Lot 432 in Warwick, Rhode Island.  Respondents owns the property. OC&I alleges that Respondents 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. 

June 2, 2023 – Freshwater Wetlands File No. C05-0161 re:  Walter F. Barnes, Jr. and Barbara Barnes for a property located approximately 700 feet west of Tower Hill Road (Route 1) adjacent to number 2845 Tower Hill Road, approximately 850 feet southwest of the intersection of Tower Hill Road and Vineyard Road, Assessor's Plat 5, Lot 20 in North Kingstown, Rhode Island. Respondents formerly owned the property.  On March 4, 2013, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act.  View the NOV. Respondents did not file an appeal of the NOV and did not comply with the NOV. Walter Barnes died, and on December 14, 2020, Barbara Barnes sold the property to Joule Vineyards & Winery LLC.  The new owner fully complied with the Order section of the NOV to resolve the NOV.

June 16, 2023 – Underground Storage Tank File No. OCI-UST-19-15-01501 re: Raymond Bruneault d/b/a ROAD RUNNER AUTOMOTIVE LLC for a property located at 448 Great Road, Assessor’s Plat 6, Lot 25 in North Smithfield, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system (facility). ROAD RUNNER AUTOMOTIVE LLC owns the property. The Certificate of Organization/Registration for the corporation was revoked by the Rhode Island Secretary of State on 27 June 2017. Respondent is the last known authorized person for the corporation. Respondent operates the facility. On June 24, 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, Respondent complied with the Order section of the NOV and paid an $8,000 administrative penalty to fully resolve the NOV. 

June 21, 2023 – Underground Storage Tank File No. OCI-UST-18-59-00075 re: JOANNE REALTY LLC and J GEHA, CORP. for a property located at 585 Tiogue Avenue, Assessor’s Plat 38, Lot 174 in Coventry, Rhode Island. The property includes a convenience store and motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). JOANNE REALTY LLC owns the property. J GEHA, CORP. operates the facility. On December 13, 2019, OC&I issued a NOV to Respondents alleging 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.  Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

June 21, 2023 – Underground Storage Tank File No. OCI-UST-18-63-00553 re: JJMC REALTY LLC and J GEHA, CORP. for a property located at 335 Providence Street, Assessor’s Plat 253, Lot 29 in Warwick, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). JJMC REALTY LLC owns the property. J GEHA, CORP. operates the facility. On August 15, 2019, OC&I issued a NOV to Respondents alleging 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.  Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

June 28, 2023 – Onsite Wastewater Treatment Systems File No. OCI-OWTS-15-62 re:  Thomas Lovelace for a property located at 119 Danielson Pike, Assessor's Plat 14, Lot 106 in Foster, Rhode Island. The property includes a residential dwelling. Respondent formerly owned the property.  On March 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. View the NOV. Respondent did not file an appeal of the NOV with AAD and did not comply with the NOV.  On December 21, 2017, the bank foreclosed on the property. The bank complied with the order section of the NOV and paid the full penalty assessed in the NOV.

None filed this month.

Superior Court Actions Settled or Resolved:

June 19, 2023 – Dam File No. State I.D. 320 (Stone Pond Dam) and OCI-DAMS-13-82 and OCI-DAMS-15-6 and Superior Court File No. PC-2019-1462 re: Plaintiff Janet L. Coit 1, Director, RIDEM vs. Defendants Richard A. Fenner and Kathleen M. Fenner for a dam located approximately 2,400 feet south west of the intersection of Atwood Avenue and Plainfield Pike, approximately 220 feet south of Plainfield Pike, Assessor's Plat 37, Lot 6 in Cranston, Rhode Island. The dam is classified by RIDEM as High Hazard. Defendants own the dam. On August 2, 2016, RIDEM issued a NOV to Defendants alleging that the dam was unsafe and that Defendants violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Defendants did not file an appeal of the NOV and did not comply with the NOV. On February 19, 2019, RIDEM filed a complaint in Superior Court asking the court to order Defendants to comply with the NOV. View the Complaint.  On June 19, 2023, prior to a hearing on the complaint, by agreement of the parties and permission of the Court, an Order was entered to resolve the complaint.  View the Order.

1 Pursuant to Rule 25 (d)(1) of the Superior Court Rules of Civil Procedure, Terrence Gray, Director of the Rhode Island Department of Environmental Management, is being automatically substituted as the Plaintiff inasmuch as the originally named Plaintiff, Janet Coit, is no longer the Director of the Department.

June 23, 2023 – Underground Storage Tanks File No. OCI-UST-2017-04-27-02081 and Superior Court File No. PC-2022-06437 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendants Pasco Raimondo and Susan Raimondo for a property located at 94 West Warwick Avenue, Assessor's Plat 7, Lot 399 in West Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system. Defendants own the property and operate the facility. On March 30, 2018, 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 9, 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, on March 20, 2023 RIDEM and Defendants agreed to an order that was entered by the Court. View the Order. On June 23, 2023, by agreement of the parties, the Court entered an amended order. View the Amended Order.