May 2023 Enforcement Action Summary

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

May 9, 2023 – Solid Waste File No. OCI-SW-16-68 re:  Henry E. Yeles for a property located at 319 Canonchet Road, Assessor’s Plat 16, Lot 21 in Hopkinton, Rhode Island.  Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act. View the NOV.

May 9, 2023 – Solid Waste File No. OCI-SW-15-57 re:  Henry E. Yeles for a property located at 57 Spring Street, Assessor’s Plat 27, Lot 70 in Hopkinton, Rhode Island.  Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act. View the NOV.   

May 10, 2023 – Underground Storage Tank File No. OCI-UST-23-5-01679 re: 5 STARS MANAGEMENT SERVICES, LLC and Johnston Gas, Inc. for a property located at 1209 Hartford Avenue, Assessor’s Plat 20, Lot 32, in Johnston, Rhode Island. The property includes a motor fuel filling station and automobile repair garage and underground storage tanks used to store petroleum products (facility).  5 STARS MANAGEMENT SERVICES, LLC owns the property.  Johnston Gas, Inc. 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.

May 3, 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.  On January 9, 2023, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1).   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 a $2,000 penalty to fully resolve the NOV. 

May 10, 2023 – Freshwater Wetland File No. OCI-FW-18-36 re: Bradley Jillett and Jessica Jillett for a property located between 160 feet and 260 feet east of Willard Avenue, at 283 Willard Avenue, approximately 250 feet south of the intersection of Willard Avenue and Whitford Street, Assessor’s Plat 56-2, Lot 163 in South Kingstown, Rhode Island.  Respondents own the property.  On October 12, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.  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.

May 25, 2023 – Underground Storage Tank File No. OCI-UST-22-15-03408 re: DJH Real Estate Holdings, LLC for a property located at 355 Dexter Street, Assessor’s Plat 31, Lot 368 in Providence, Rhode Island. The property includes an industrial building and an underground storage tank used to store #2 heating oil (facility).  Respondent owns the property. The facility was registered with RIDEM by the previous property owner. On December 7, 2022, 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. 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 the full penalty assessed in the NOV.

None filed this month.

None settled or resolved this month.