December 2023 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for December 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: 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 4, 2023 – Multimedia - Hazardous Waste File No. OCI-HW-22-46 and Water Pollution File No. OCI-WP-22-161 re: Elmwood Realty, LLC and Butler Waste Disposal, LLC for property located at 3 Ford Lane (also known as 3 Jefferson Boulevard), Assessor’s Plat 284, Lot 241 in Warwick, Rhode Island.  The property includes a waste disposal business. Elmwood Realty, LLC owns the property.  Butler Waste Disposal operates the waste disposal business.  OC&I alleges that Respondents violated Rhode Island’s Water Quality Regulations (250-RICR-150-05-1), Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1), and Oil Pollution Control Regulations (250-RICR-140-25-2).  View the NOV.

December 5, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-24 re: Paul R. Menard for property located at 82-84 Angell Street, Assessor’s Plat 51, Lot 2 in Burrillville, Rhode Island.  The property includes a dwelling constructed in 1930 that is served by a cesspool.  Respondent owns the property.  OC&I alleges that Respondent 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 System (250-RICR-150-10-6). View the NOV.

December 14, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-15-58 re: Brian G. Evans and Jeanne M. Sullivan for property located at 132 Wood Cove Drive, Assessor’s Plat 34, Lot 67 in Coventry, Rhode Island.  The property includes a residential dwelling that is served by an onsite wastewater treatment system.  Respondents own the property.  OC&I alleges that Respondents violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment System (250-RICR-150-10-6). View the NOV.

December 20, 2023 – Site Remediation File No. OCI-SR-23-2 re: Rhode Island Recycled Metals, LLC and AARE, LLC for property located at 434 Allens Avenue, Assessor’s Plat 47, Lot 601 in Providence, Rhode Island.  The property includes a facility engaged in metals recycling, which involves the receipt, processing, and transport of scrap metal (facility).  AARE, LLC owns the property.  Rhode Island Recycled Metals, LLC operates the facility.  OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases (250-RICR-140-30-1). View the NOV.

December 22, 2023 – 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.  OC&I alleges 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.

December 4, 2023 – Water Pollution File No. OCI-WP-22-140 x-ref RIPDES Permit RI0100048 re: City of East Providence.  Respondent owns a wastewater treatment facility located at 1 Crest Avenue in East Providence, Rhode Island (facility).  The facility treats wastewater generated from domestic and industrial users.  On October 2, 2000, RIDEM issued an approval to Respondent to dispose of wastewater sludge from the facility.  On February 1, 2016, RIDEM issued a permit to Respondent to discharge treated wastewater from the facility to Providence River. On January 23, 2023 OC&I issued a NOV to Respondent alleging that Respondent violated the approval, 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), Rules and Regulations Pertaining to the Operation and Maintenance of Wastewater Treatment Facilities (250-RICR-150-10-4), and Rules and Regulations for Sewage Sludge Management (250-RICR-150-10-3). 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.

December 27, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-15-38 re:  Michael A. Ramos and Paula M. Ramos for a property located at 402 Park Avenue, Assessor’s Plat 20, Lot 296 in Portsmouth, Rhode Island. The property includes a single-family residence that is served by a cesspool. Respondents own the property. On August 29, 2023, 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 did not file an appeal of the NOV with AAD.  Respondents hired a licensed septic system designer who determined that the residence is not served by either a cesspool or a septic system.  Consequently, RIDEM released the NOV and waived the penalty assessed in the NOV, as there was no violation of State law or regulations.

None filed this month.

None settled or resolved this month.