July 2022 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for July 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 should be addressed to Jay Wegimont at 401-222-4700 ext. 2772402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 2777307, fax 401-222-3810. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

July 22, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-21-63 re: Marsha Saracco for a property located at 40 Grove Avenue, Assessor's Plat 151, Lot 14 in North Kingstown, Rhode Island. The property includes a single-family residence 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 Systems. View the NOV. 

July 22, 2022 – Freshwater Wetland File No. OCI-FW-17-140 re: Eugene K. D’Allesandro, Jr. for a property located between 280 feet and 1,300 feet east/southeast of the eastern terminus of Tulip Hill Road, at House Number 4 (Tulip Hill Road), between 630 feet and 1,600 feet east/southeast of the intersection of Tulip Hill Road and Apple Blossom Drive, on Assessor’s Plat 55, Lot 175 (Lot 175) and between 280 feet and 740 feet south/southeast of the southern terminus of Poppy Hill Drive, between 1,100 feet and 1,700 feet southeast of the intersection of Poppy Hill Drive and Apple Blossom Drive, on Assessor’s Plat 55, Lot 34 (Lot 34) in Johnston, Rhode Island. Respondent owns Lot 175. Respondent acquired Lot 175 on May 29, 2015. John Lamothe and Alyssa Lamothe (Adjacent Owners) own Lot 34.   The Adjacent Owners acquired Lot 34 on March 26, 2021. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.  View the NOV.

July 22, 2022 – Underground Storage Tank File No. OCI-UST-22-9-00534 re: Joseph S. Ruggiero, Sr. and LIGHTHOUSE MARINA, LLC for a property located at 110 Shore Drive, Assessor’s Plat 1, Lot 225 in Barrington, Rhode Island. The property includes a marina and a motor fuel storage and dispensing system (facility).  Joseph S. Ruggiero, Sr. owns the property.  LIGHTHOUSE MARINA, 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.

July 7, 2022 – Dam Safety File No. OCI-DAMS-14-19 and Dam State I.D. No. 161 (Gainer Memorial Dam), Dam Safety File No. OCI-DAMS-14-20 and Dam State I.D. No. 163 (Westconnaug Reservoir Dam), Dam Safety File No. OCI-DAMS-14-68 and Dam State I.D. No. 345 (Jordan Pond Dam), Dam Safety File No. OCI-DAMS-14-69 and Dam State I.D. No. 346 (Kimball Reservoir Dam), Dam Safety File No. OCI-DAMS-14-70 and Dam State I.D. No. 354 (Coomer Dam) and Dam Safety File No. OCI-DAMS-16-33 and Dam Safety I.D. No. 361 (Pine Swamp Dam) re:  City of Providence and Providence Water Supply Board.  Respondents own the dams. Dam 161 is classified by RIDEM as High Hazard and is located approximately 5,000 feet northeast of the intersection of Howard Avenue and Scituate Avenue, immediately on Scituate Avenue, in Scituate, Rhode Island. Dam 163 is classified by RIDEM as High Hazard and is located approximately 3,800 feet east of the intersection of Foster Center Road and Plainfield Pike, approximately 1,600 feet south of Plainfield Pike, in Foster, Rhode Island.  Dam 345 is classified by RIDEM as Significant Hazard and is located approximately 336 feet north of the intersection of Field Hill Road and Plainfield Pike, approximately 275 feet east of Plainfield Pike, in Scituate, Rhode Island. Dam 346 is classified by RIDEM as Significant Hazard and is located approximately 1,100 feet north of the intersection of Hartford Avenue and Hopkins Avenue, approximately 800 feet east of Hopkins Avenue, in Johnston, Rhode Island. Dam 354 is classified by RIDEM as Significant Hazard and is located approximately 6,200 feet west of the intersection of Saw Mill Road and Snake Hill Road, approximately 118 feet north of Snake Hill Road, in Glocester, Rhode Island. Dam 361 is classified by RIDEM as Significant Hazard and is located approximately 770 feet north of Brandy Brook Road and Central Avenue, approximately 400 feet east of Central Avenue, in Scituate, Rhode Island. On November 29, 2016, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Dam Safety at each dam. View the NOV. Respondents did not file an appeal of the NOV with AAD.  Respondents complied with the NOV for Dam 161, Dam 163, Dam 346 and Dam 361 and OC&I and Respondents executed a Consent Agreement to resolve the NOV for Dam 345 and Dam 354. View the Agreement.

July 7, 2022 – Underground Storage Tank File No. 2010-00914 re:  Kisco, LLC for property located at 957 Broad Street, Assessor's Plat 2, Lot 21 in Central Falls, Rhode Island. The property includes a gasoline station and 5 underground storage tanks used for the storage of petroleum products (facility). Respondent owns the property and operates the facility. On August 24, 2011, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials and Rhode Island’s Groundwater Quality Regulations. View the NOV. Respondent did not file an appeal of the NOV.  Respondent complied with the Order section of the NOV and paid $1,941 (a portion of the penalty plus late registration fees) but did not pay the remaining penalty assessed in the NOV.   OC&I referred collection of the remaining penalty to the Department of Revenue. The penalty was paid in full (plus interest of $991.44) to resolve the NOV.

July 12, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-21-28 re: Bruce A. Erickson and Leslie A. Erickson for a property located at 34 Mollusk Drive, Assessor’s Plat R-2, Lot 351 in Narragansett, Rhode Island. The property includes a 2-bedroom residential dwelling. Respondents own the property. On May 12, 2022, OC&I issued a NOV to Respondents alleging that Respondents 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.  Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, Respondents provided documents to OC&I that showed that the property is not served by a cesspool.  For this reason, OC&I released the NOV. 

July 14, 2022 – Underground Storage Tank File No. 17-9-LS775 re: Webster 717 LLC, Cranston 717 LLC and Ghassan Nayfeh d/b/a Cranston 717 LLC for property located at 717 Park Avenue, Assessor’s Plat 6, Lot 2162 in Cranston, Rhode Island. The property includes a convenience store and a gasoline storage and dispensing system (facility). Cranston 717 LLC owns the property. Cranston 717 LLC acquired the property on April 26, 2017. On July 22, 2019, the Certificate of Organization/Registration for Cranston 717 LLC was revoked by the Rhode Island Secretary of State. On July 29, 2019, Ghassan Nayfeh submitted a document to RIDEM that stated he owns the property. Webster 717 LLC operates the facility. On October 23, 2020, 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. 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 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.