April 2024 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for April 2024. 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: Direct questions to dem.communications@dem.ri.gov. File Reviews: Requests for public records should be emailed to Angela Spadoni or visit dem.ri.gov/filereview for more on the APRA request process.

Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

April 3, 2024 – Dam Safety File No. OCI-DAMS-23-28 re: SOSCIA HOLDINGS, LLC for a dam identified as Flat River Reservoir Dam, State Identification Number 167 located in Coventry, Rhode Island. Respondent owns the dam.  The dam is classified by RIDEM as High Hazard.  OC&I issued an Immediate Compliance Order (ICO) alleging that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1).  View the ICO.  

April 22, 2024 – Air Pollution File Nos. OCI-AIR-22-37 and OCI-AIR-23-15 re: PADILLA CONSTRUCTION & PAINTING COMPANY LLC for properties located at 75 Marshall Street in Providence, Rhode Island and 124 Wood Street in Bristol, Rhode Island.  Respondent is a registered residential contractor with the Rhode Island Contractors’ Registration Board.  OC&I alleges that Respondent violated Rhode Island’s Air Pollution Control Regulations, Part 24 titled Removal of Lead Based Paint from Exterior Surfaces (250-RICR-120-05-24) View the NOV.  

April 1, 2024 – Onsite Wastewater Treatment System File CI06-157 re: Kathleen A. St. Pierre for property located at 88 Read Avenue, Assessor's Plat 64, Lot 122 in Coventry, Rhode Island. The property includes a residential dwelling and is owned by the Respondent. On September 14, 2011, OC&I issued a NOV to Respondent alleging that Respondent violated RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems and RIDEM'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. Respondent fully complied with the NOV to resolve the NOV. 

April 5, 2024 – Dam Safety File No. 20-17 re: Town of Coventry for a dam identified as Coventry Reservoir Dam, State Identification Number 176, located approximately 508 feet south of the intersection of Flat River Road and Phillips Hill Road and approximately 307 feet west of Phillips Hill Road, Assessor’s Plat 318, Lot 215.1, in Coventry, Rhode Island. Respondent owns the dam. The dam is classified by RIDEM as High Hazard. On October 23, 2020, 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, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement. 

April 12, 2024 – Solid Waste File No. OCI-SW-13-68 re: Kenneth D. Demers for a property located at 4 and 8 Chapel Lane, Assessor’s Plat 3, Lots 89 and 179 in Lincoln, Rhode Island. Respondent owns the property. On June 4, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Refuse Disposal Act. View the NOV.  Respondent did not file an appeal of the NOV with AAD and did not comply with the NOV. On or about December 1, 2023, Respondent entered into a Purchase and Sales Agreement to sell the property to Saul Javier Ardaya Velasco (Velasco).  OC&I, Respondent and Velasco executed a Consent Agreement to resolve the NOV.  View the Agreement. 

April 17, 2024 – Air Pollution File No. OCI-AIR-23-80 re: Rhode Island Bioenergy Facility, LLC for property located at 289 Scituate Avenue, in Johnston, Rhode Island.  The property includes an anaerobic digester facility that produces natural gas from recycled food and other solid organic waste (facility).  Respondent operates the facility.  On December 22, 2023, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Air Pollution Control Regulations, Part 7 titled Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7), and Part 17, titled Odors (250-RICR-120-05-17). 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.

April 18, 2024 – Onsite Wastewater Treatment Facility File No. OCI-OWTS-21-58 re:  Beatrice C. Ferreira, John J. Ferreira, and Lawrence J. Ferreira for a property located at 56 Wood Street, Assessor’s Plat 515, Lot 192 in Tiverton, Rhode Island.  Respondents own the property.  On February 20, 2023, OC&I issued a NOV to Respondents alleging that Respondents 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.  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.

None filed this month. 

None settled or resolved this month.