February 2024 Enforcement Action Summary

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

February 6, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-23-16 re: Douglas G. Almeida for property located at 0 Mount Hope Avenue, Assessor’s Plat 69, Lot 172B in Portsmouth, Rhode Island.  The property includes a residential dwelling that is served by an onsite wastewater treatment system.  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 System (250-RICR-150-10-6). View the NOV.

February 14, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-22-36 re: Sharon Meehan for property located at 325 Saw Mill Road, Assessor’s Plat 18, Lot 288 in Glocester, Rhode Island.  The property includes a residential dwelling that is served by an onsite wastewater treatment system.  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 System (250-RICR-150-10-6). View the NOV.

February 15, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-20-35 re: Antonio C. Costa and Luisa M. Costa for property located at 125 Burgess Avenue, Assessor’s Plat 17, Lot 13-007 in East Providence, Rhode Island.  The property includes a residential dwelling that is served by an onsite wastewater treatment system.  Respondent owns 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.

February 20, 2024 – Underground Storage Tank File No. OCI-UST-23-53-03026 re: Danish Rahat d/b/a DRSM Properties LLC and Danish Rahat d/b/a DRSM Mart LLC for a property located at 2701 Hartford Avenue, Assessor’s Plat 57, Lot 147 in Johnston, Rhode Island.  The property includes a motor fuel storage and dispensing system and a convenience store (facility). DRSM Properties LLC owns the property.  The Rhode Island Secretary of State revoked the Certificate of Registration for DRSM Properties LLC, on or about September 11, 2023.  Danish Rahat is the last known member and authorized person of the company. DRSM Mart LLC operated the facility for part of the period relevant to the NOV.  The Rhode Island Secretary of State revoked the Certificate of Registration for DRSM Mart LLC on or about September 11, 2023. Danish Rahat is the last known member and authorized person of the company.  OC&I alleges that Respondents 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.

February 21, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-23-74 re: Christopher Paul Ferland for property located at 139 Lancaster Avenue, Assessor’s Plat 257, Lot 149 in Warwick, Rhode Island.  The property includes a single-family dwelling that is served by an onsite wastewater treatment system.  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 System (250-RICR-150-10-6). View the NOV.

February 7, 2024 – Underground Storage Tank File No. OCI-UST-21-14-01515 re: MASSAD REALTY RI LLC and LDD PETROLEUM INC. for property located at 6228 Post Road, Assessor's Plat 175, Lot 9 in North Kingstown, Rhode Island. The property includes a motor fuel filling station and underground storage tanks used for storage of petroleum products (facility). MASSAD REALTY RI LLC owns the property. LDD PETROLEM INC. operates the facility. On January 28, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (250-RICR-140-25-1). 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 $7,240 to resolve the NOV.

February 8, 2024 – Water Pollution File No. OCI-21-20 X-ref FWW 16-0192, STW 16-124 and RIR101445 re:  TERRAPIN DEVELOPMENT, LLC for a property located at Hidden Meadows Drive, Assessor’s Plat 56, Lots 22, 23 and 49, and Plat 57, Lots 28 and 36 in Cumberland, Rhode Island.  On September 26, 2018, RIDEM issued a statewide General Permit for Stormwater Discharge Associated with Construction Activity (“2018 CGP”).  On October 18, 2018, RIDEM issued a Permit to Alter Freshwater Wetlands No. FWW16-0192 and a General Permit for Stormwater Discharge Associated with Construction Activity No. RIR101445 to Respondent for construction of a 20-lot residential subdivision on the property (“Wetlands Permit”).  On October 17, 2019, the Wetlands Permit expired.  On September 25, 2020, the 2018 CGP expired. On July 10, 2023, OC&I issued a NOV to Respondent alleging that Respondent violated 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. 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.

February 8, 2024 – Freshwater Wetland File No. C06-0073 re: Michael Sepe and North-Eastern Tree Service for property located immediately east of Marine Drive, approximately 500 feet east of the intersection of Marine Drive and Pontiac Avenue, in the proximity of utility pole number 125, Assessor's Map 5, Block 4, Lot 2427 in Cranston, Rhode Island. Michael Sepe owns the property. North-Eastern Tree Service operates a commercial business at the property. Michael Sepe is the president of North-Eastern Tree Service and is a farmer as defined in Rhode Island's Freshwater Wetlands Act. On May 28, 2009, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. Respondents did not file an appeal of the NOV with AAD.  Respondents complied with the Order section of the NOV but did not pay the administrative penalty assessed in the NOV.  OC&I referred collection of the penalty to the Department of Revenue, and Respondents paid the full penalty assessed in the NOV.

February 8, 2024 - Freshwater Wetlands File No. OCI-FW-14-147 re: Cardi Corporation and NORTH-EASTERN TREE SERVICE, INC. for property located along Centerville Road (Route 117) in Warwick, Rhode Island. On October 8, 2013, RIDEM issued the Rhode Island Department of Transportation (RIDOT) a permit to alter freshwater wetlands associated with roadway and drainage improvements associated with the Apponaug Circulator Project (Permit). RIDOT awarded a contract to Cardi Corporation (Cardi) to complete the work approved in the Permit. Cardi subcontracted a portion of the work approved in the Permit to NORTH-EASTERN TREE SERVICE, INC. (NE Tree). On April 17, 2015, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and RIDEM's Freshwater Wetland Regulations. View the NOV.   The NOV was previously resolved as to Cardi  on August 24, 2016. NE Tree did not file an appeal of the NOV with AAD and did not pay the remaining portion of the penalty assessed in the NOV.  OC&I referred collection of the penalty to the Department of Revenue, and NE Tree paid a reduced penalty of $8,000 to resolve the NOV.

February 7, 2024 – Underground Storage Tank File No. OCI-UST-23-19-00616 and Superior Court File No. PC-2024-00755 re: Plaintiff Terrence Gray, Director, RIDEM v. Defendants Charles Street Realty, Inc. and Kelly’s Car Wash, Inc. for a property located at 200 Charles Street (a.k.a. 202 Charles Street), Assessor’s Plat 2, Lot 26, in Providence, Rhode Island. The property includes a motor fuel storage and dispensing system, service station, and a convenience store (facility).  Charles Street Realty, Inc. owns the property.  Kelly’s Car Wash, Inc. operates the facility. On August 24, 2023, OC&I issued a NOV to Defendants alleging that Defendants 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. Neither Defendants filed an appeal of the NOV with AAD or complied with the NOV.  On February 7, 2024, RIDEM filed a complaint in Superior Court against the Defendants asking the Court to order the Defendants to comply with the NOV.  View the Complaint.

None filed this month.