November 2023 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for November 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) 537-4029. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

November 10, 2023 – Hazardous Waste File No. OCI-HW-23-31 re:  COVESTRO LLC. for a property located at 199 Amaral St. in East Providence, Rhode Island.  The property includes a facility used for the manufacturing of solvent and aqueous polyurethane resins for coatings, adhesives, sealants, films, and specialty products (facility). Respondent owns the property and operates the facility.  OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Hazardous Waste Management (250-RICR-141-10-1).  View the NOV.

November 9, 2023 – Freshwater Wetland File No. OCI-FW-16-130 X-ref C09-0049 re: John S. Dolinski for properties located at 205 Reservoir Road, Assessor’s Plat 210, Lot 28 (Lot 28), an island southwest of 205 Reservoir Road, Assessor’s Plat 209, Lot 33 (Lot 33) and Pascoag Reservoir in Burrillville, Rhode Island. Respondent owns Lot 28 and Lot 33. The Seaconke Wampanoag Tribe and the Town of Burrillville own Pascoag Reservoir. On February 18, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV. Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to resolve the NOV.  View the Agreement.

November 10, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-140 re: Armand Hamel and Dolores Hamel for a property located at 60 Edmund Lane, Assessor’s Plat 807, Lot 132 in Tiverton, Rhode Island. The property includes a residential dwelling. Respondents own the property. On November 28, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Cesspool Act of 2007 and 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.  Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and submitted a letter to RIDEM requesting a full waiver of the administrative penalty assessed in the NOV for the reasons set forth in the letter. On November 10, 2023, RIDEM issued a letter to Respondent waiving the penalty.

November 22, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-216 re: Thomas A. Rose and Sandra H. Rose for a property located at 59 Shore Drive, Assessor’s Plat 17, Lot 35 in Warren, Rhode Island. The property includes a residential dwelling. Respondents own the property. On November 30, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Cesspool Act of 2007 and 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.  Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and submitted a letter to RIDEM requesting a full waiver of the administrative penalty assessed in the NOV for the reasons set forth in the letter. On November 22, 2023, RIDEM issued a letter to Respondent waiving the penalty.

November 21, 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.  On March 2, 2023, OC&I issued a NOV to Respondent alleging 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. Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, OC&I and Respondent executed a Consent Agreement to resolve the NOV.  View the Agreement.

November 29, 2023 – Water Pollution File No. OCI-WP-23-45, STW18-103, & RIR101779 re:  Charles Anderson d/b/a Crompton Meadows, LLC and DiCenzo, Inc. for a property located on the north side of Crompton Road, across from Utility Pole #40, Assessor’s Plat 8, Lot 11.1 in Coventry, Rhode Island and Assessor’s Plat 13, Lot 25 in East Greenwich, Rhode Island.  On November 15, 2021, RIDEM issued a permit to Crompton Meadows, LLC for construction of an 80-unit single-family condominium complex and associated infrastructure at the property. The Rhode Island Secretary of State revoked the Certificate of Registration for Crompton Meadows, LLC on September 11, 2023.  Charles Anderson signed the permit on behalf of Crompton Meadows, LLC in his capacity as Member of the company.  DiCenzo, Inc. is the operator in charge of construction and site activities.  On October 13, 2023, OC&I issued a NOV to Respondents alleging that Respondents violated the permit and 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.  Respondents did not file an appeal of the NOV with AAD and fully complied with the NOV.

November 10, 2023 – Dam State I.D. 371 (Pearce Pond Dam) and Dam File No. OCI-DAMS-16-21 and Superior Court File No. PC-2023-05880 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant Georges Bockstael for a dam located approximately 400 feet northwest of the intersection of Howard Avenue and Lincoln Avenue, approximately 60 feet south of Howard Avenue, Assessor’s Plat 96, Lot 15 in Coventry, Rhode Island. Defendant owns the dam. The dam is classified by RIDEM as High Hazard. On January 16, 2019, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV.  Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV.  On November 10, 2023, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV.  View the Complaint.

None settled or resolved this month.