December 2022 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for December 2022. 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.

December 2, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-133 re: June A. Fiqureid for a property located at 63 Serpentine Road, Assessor’s Plat 21, Lot 252 in Warren, Rhode Island. The property includes a residential dwelling. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Cesspool Phase Out Act and Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

December 7, 2022 – Underground Storage Tank File No. OCI-UST-22-16-02337 re: ANTHONY C. ALMEIDA POST #237 VETERANS OF FOREIGN WARS BUILDING ASSOC. for a property located at 850 Hope Street, Assessor’s Plat 7, Lot 9 in Bristol, Rhode Island. The property includes a meeting hall structure and an underground storage tank used to store #2 heating oil (facility). Respondent owns the property and operates the facility. OC&I alleges that Respondent violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

December 7, 2022 – 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. OC&I alleges that Respondent violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

December 8, 2022 – Underground Storage Tank File No. OCI-UST-22-18-02566 re: Joseph Pakuris and THE KITCHEN AND COUNTERTOP CENTER OF NEW ENGLAND, LLC for a property located at 125 Esten Avenue, Assessor’s Plat 57, Lot 515 in Pawtucket, Rhode Island. The property includes an industrial/commercial building and an underground storage tank used to store #6 heating oil (facility). 125 ESTEN REALTY LLC owns the property.  On February 14, 2022, the Rhode Island Secretary of State revoked the Certificate of Organization/Registration for 125 ESTEN REALTY LLC. Joseph Pakuris is the last known president of 125 ESTEN REALTY LLC.  THE KITCHEN AND COUNTERTOP CENTER OF NEW ENGLAND, LLC 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. View the NOV.

December 14, 2022 – Underground Storage Tank File No. OCI-UST-22-20-01793 re: DIMAS REALTY, LLC and BMC PETROLEUM INC II for a property located at 135 Putnam Avenue, Assessor’s Plat 40, Lot 100 in Johnston, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  DIMAS REALTY, LLC owns the property.  BMC PETROLEUM INC II 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.  View the NOV.

December 27, 2022 – Underground Storage Tank File No. OCI-UST-22-12-00758 re: PATHANIA REALTY, LLC and V & S FARM, INC. for a property located at 698 Broadway (also referred to as 694 Broadway), Assessor’s Plat 6, Lot 651 in Pawtucket, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  PATHANIA REALTY, LLC owns the property.  V & S FARM, 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. View the NOV.

December 27, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-20-75 re: Adam M. Barros for a property located at 47 Phillips Lane, Parcel ID, 19/19/C in Glocester, Rhode Island. The property includes a residential dwelling. Respondent owns the property. OC&I alleges 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.

December 9, 2022 – Onsite Wastewater Treatment System File No. 14-110 re: Denise Viveiros for a property located at 12 Liberty Lane, Assessor's Plat 18, Lot 79 in Glocester, Rhode Island. The property includes a residential dwelling. Respondent owns the property. On August 22, 2014, 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.  Respondent complied with the Order section of the NOV and paid a reduced penalty of $200 to fully resolve the NOV.

December 13, 2022 – Underground Storage Tank File No. OCI-UST-21-6-01064 re: PMG NORTHEAST LLC and adhyashakti inc. for a property located at 27 Plainfield Street, Assessor’s Plat 105, Lot 416 in Providence, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  PMG NORTHEAST LLC owns the property.  adhyashakti inc. operates the facility. On October 12, 2022, 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. 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 paid a reduced penalty of $5,500 to fully resolve the NOV. 

December 14, 2022 – On Site Wastewater Treatment System File No. OCI-OWTS-18-15 re: Franco Mesiti, Flora Mesiti and Rosina Casale for a property located at 99 Hillcrest Drive, Assessor's Plat 21/2, Lot 310 in Cranston, Rhode Island. The property includes a single-family residence. Respondents own the property. On January 23, 2019, 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 did not file an appeal of the NOV. Respondents fully complied with the NOV to resolve the matter.

None filed this month.

None settled or resolved this month.