July 2024 Enforcement Action Summary

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

July 1, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-23-85 re:  John R. Papa Revocable Trust 2015 for a property at 134 George Arden Avenue, Assessor’s Plat 345, Lot 855 in Warwick, Rhode Island.  Respondent owns the property.  The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). RIDEM issued a permit to Respondent to repair the OWTS.  OC&I alleges that Respondent violated the permit 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.  

July 12, 2024 – Multimedia – Water Pollution and Hazardous Waste – File Nos. OCI-WP-24-7 and OCI-HW-24-8 re: Safety-Kleen Systems, Inc. for a property located at 167 Mill Street in Cranston.  The property includes a facility engaged in industrial waste management. OC&I alleges that Respondent violated Rhode Island’s Oil Pollution Control Act, Water Pollution Act, Hazardous Waste Management Act, Oil Pollution Control Regulations (250-RICR-140-25-2), Water Quality Regulations (250-RICR-150-05-1), and Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV. 

July 12, 2024 – Dam Safety File No. OCI-DAMS-24-3 re: CPW True Storage, LLC and CPW Apartments, LLC for a dam identified as Cranston Print Works Dam, State Identification Number 172, located approximately 1,330 feet north of the intersection of Haven Avenue and Dyer Avenue, approximately 500 feet west of Dyer Avenue, Assessor’s Plat 8/5, Lot 195 in Cranston, Rhode Island. Respondents own the dam.  The dam is classified by RIDEM as High Hazard.  OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1).  View the NOV.  

July 17, 2024 – Water Pollution File No. OCI-WP-24-20, STW22-032, FWW22-0076 & RIR102234 re:  A.G. Construction, Inc. for a property located at 1257 Central Avenue, Assessor’s Plat 43, Lot 96 in Johnston, Rhode Island.  On August 23, 2022, RIDEM issued a permit to Respondent to construct 4 single-family dwellings with garages, driveways, and associated infrastructure at the property. OC&I alleges that Respondent violated the permit and 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. 

July 8, 2024 – Site Remediation File No. OCI-SR-18-4 re: DOMENIC LOMBARDI REALTY, INC. and Yonatan Mabat for property located at 1151 Danielson Pike, Assessor’s Plat 27, Lot 36 in Scituate, Rhode Island. Yonatan Mabat (Mabat) formerly owned the property. Mabat purchased the property from DOMENIC LOMBARDI REALTY, INC. (Lombardi) on December 18, 2014. Lombardi owned the property from April 20, 1987 to July 12, 2002 and from September 11, 2008 to December 18, 2014. Reports submitted to RIDEM documented the presence of elevated levels of petroleum, volatile organic compounds, semi-volatile organic compounds and metals in the groundwater and the soil on the property. On July 17, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. View the NOV.  Lombardi filed an appeal of the NOV with AAD.  Mabat did not file an appeal of the NOV with AAD.  On October 19, 2023, Mabat entered into a Purchase and Sales Agreement for Malcolm Sanchez (Sanchez) to purchase the property.  Prior to an administrative hearing on the NOV, OC&I executed a Consent Agreement with Mabat, Lombardi, and Sanchez to resolve the NOV. View the Agreement.  

July 16, 2024 – 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.  On July 22, 2022, 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 and fully complied with the NOV.

July 17, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-23-83 re:  Robert Drake for a property located at 634 Park Avenue, Assessor’s Plat 21, Lot 75 in Portsmouth, Rhode Island.  The property includes a single-family residence that is served by a cesspool. Respondent owns the property.  On March 26, 2024, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Cesspool Act of 2007 and Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6).  View the NOV.  Respondent filed an appeal of the NOV with AAD.  On May 17, 2024, Respondent entered into a Purchase and Sales Agreement for 215 Tollgate Realty LLC (Tollgate) to purchase the property. Prior to an administrative hearing on the NOV, OC&I executed a Consent Agreement with Respondent and Tollgate to resolve the NOV. View the Agreement. 

July 25, 2024 – Site Remediation File No. OCI-SR-16-5 re: Lee McFarland Leete for property located at 84 Mail Road, Assessor's Map 71, Block 4, Lot 6 in Exeter, Rhode Island. Respondent owns the property. The property includes a single-family residence and an above ground kerosene tank that serves the residence. On October 20, 2021, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Oil Pollution Control Act and Oil Pollution Control Regulations. View the NOV.  Respondent did not file an appeal of the NOV and fully complied with the NOV. 

July 1, 2024 – Hazardous Waste File No. OCI-HW-20-47 and Superior Court File No. PC-2024-03766 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant TLCE Realty Trust  for a property located at 500 State Avenue, Assessor's Plat 102, Lot 119 in Tiverton, Rhode Island. The property includes a facility used for storage of automobiles and aboveground storage tanks and containers holding heating oil. Defendant owns the property.  On August 12, 2022, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island’s Oil Pollution Control Act, Refuse Disposal Act, Oil Pollution Control Regulations, Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities and Air Pollution Control Regulations titled Open Fires.  View the NOV.  Defendant did not file an appeal of the NOV and did not comply with the NOV.  On July 1, 2024, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV.  View the Complaint. 

None settled or resolved this month.