December 2024 Enforcement Action Summary
This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for December 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.
December 19, 2024 – Underground Storage Tank File No. OCI-UST-24-30-03245 re: Homestead Baking Co. for property located at 145 N. Broadway, Assessor’s Map 404, Block 2, Parcel 4 in East Providence, Rhode Island. The property includes a commercial bakery and a petroleum product storage and dispensing system. The Respondent is the owner and operator of one underground storage tank that is installed on the property, which tank is used for storage of petroleum product. OC&I alleges that Respondent 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.
December 2, 2024 – Water Pollution File No. OCI-WP-19-33, RIR101385, STW 16-049 and FWW 16-0074 re: Douglas Enterprises, Ltd., Ironwood Land Co LLC, COVENTRY LAND COMPANY LLC, and William Anthony Excavating, Inc. for a property located approximately 500 feet south of Teakwood Drive (West) and approximately 600 feet southeast of its intersection with Ironwood Drive, Assessor’s Plat 76, Lot 1 in Coventry, Rhode Island. On or about March 28, 2016, Douglas Enterprises, Ltd. (Douglas) applied to RIDEM to construct a 30-unit residential development at the property. On August 12, 2016, RIDEM issued a permit to Douglas for construction of the project. On November 21, 2016, the permit was recorded in the land evidence records of Coventry, Rhode Island. On August 16, 2021, OC&I issued a NOV to Douglas alleging that Douglas violated Rhode Island’s Water Pollution Act, Freshwater Wetlands Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV. Douglas filed an appeal of the NOV with AAD. Douglas advised RIDEM that it sold the property to Ironwood Land Co LLC (Ironwood) on February 17, 2017, and that Douglas was not involved in the project. On January 13, 2022, RIDEM issued an Amended NOV to include Ironwood as a named respondent. View the Amended NOV. Through discovery RIDEM learned that COVENTY LAND COMPANY LLC (CLC) entered a contract with William Anthony Excavating, Inc. to construct the project. The contract identified CLC as the owner and William Anthony Excavating, Inc. (WAE) as the contractor. On August 18, 2023, RIDEM issued a Second Amended NOV to include CLC and WAE as named respondents. View the Second Amended NOV. Douglas, Ironwood and CLC requested a hearing on the NOV. WAE did not request a hearing on the NOV and did not pay any portion of the penalty. On September 25, 2024, AAD issued a Final Order of Default to Ironwood and CLC. Ironwood and CLC did not appeal the decision to Superior Court and did not pay any portion of the penalty. Prior to an administrative hearing on the NOV for Douglas, Douglas paid a penalty of $2,500.00 to fully resolve the NOV, as it pertains solely to Douglas and Douglas DeSimone individually.
None filed this month.
None settled or resolved this month.