March 2023 Enforcement Action Summary

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

March 2, 2023 – Water Pollution File No. OCI-WP-22-229 and RIPDES RI0100234 re:  City of Warwick. Respondent owns a wastewater collection and treatment system that treats domestic, commercial, and industrial wastewater (facility). On September 30, 2019, RIDEM issued to Respondent a permit to discharge treated wastewater from the facility to Pawtuxet River through outfall 001A.  The permit does not authorize Respondent to discharge wastewater from the facility to any other water of the State or from any other location other than outfall 001A. OC&I alleges that Respondent violated the 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) and Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities (250-RICR-150-10-4).  View the NOV. 

March 8, 2023 – Hazardous Waste File No. OCI-HW-17-84 re: Branca Brothers, Inc. and Daniel Branca Life Estate for a property located at 50 Starr Street, Assessor’s Plat 5, Lot 221 in Johnston, Rhode Island. The property includes a facility used as an automobile salvage yard for the resale of automotive parts and a solid waste container leasing operation. Daniel Branca Life Estate owns the property. Branca Brothers, Inc. operates the facility.  On November 26, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Oil Pollution Control Act, Oil Pollution Control Regulations (250-RICR-140-25-2) and Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV.  Respondents did not file an appeal of the NOV with AAD. 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.  Respondent paid $3,000 to fully resolve the NOV. 

None filed this month.

None settled or resolved this month.