May 2024 Enforcement Action Summary

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

May 17, 2024 – Dam Safety File No. OCI-DAMS-18-8 re:  Town of Lincoln for a dam identified as Handy Pond Upper Dam, State Identification Number 391, located approximately 4,900 feet northwest of the intersection of Albion Road and Old River Road, approximately 270 feet west of Old River Road, Assessor’s Plat 40, Lot 2 in Lincoln, Rhode Island.  Respondent owns the dam.  The dam is classified by RIDEM as High Hazard.  OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV.  

May 17, 2024 – Dam Safety File No. OCI-DAMS-23-28 re: SOSCIA HOLDINGS, LLC for a dam identified as Flat River Reservoir Dam, State Identification Number 167 located in Coventry, Rhode Island. Respondent owns the dam.  The dam is classified by RIDEM as High Hazard.  On April 3, 2024, OC&I issued an Immediate Compliance Order (ICO) alleging that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1).  View the ICO.  The ICO was valid for 45 days.  On May 17, 2024, OC&I extended the ICO for 45 additional days. View the ICO Extension. 

May 21, 2024 – Air Pollution File No. OCI-AIR-23-77 re: Narragansett Improvement Company for property located at 223 Allens Avenue in Providence, Rhode Island.  The property includes an asphalt plant and heavy construction operation (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. 

May 7, 2024 – Underground Storage Tank File No. OCI-UST-22-5-02640 re: Blanca S. Escobar Gomez and PETRO MOBIL, INC. for a property located at 360 Plainfield Street, Assessor’s Plat 108, Lot 264 in Providence, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  Blanca S. Escobar Gomez owns the property.  PETRO MOBIL, INC. operates the facility. On October 12, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials.  View the NOV.  Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV. Prior to RIDEM referring collection of the penalty assessed in the NOV to the Department of Revenue, OC&I and Respondents executed a Consent Agreement to resolve the NOV.  View the Agreement. 

May 7, 2024 – Underground Storage Tank File No. OCI-UST-20-56-01263 re: Imad E. Melhem and GNI West Warwick Inc. for property located at 929 Providence Street, Assessor's Plat 39, Lot 213 in West Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system (facility). 929 Providence Street LLC owns the property. On April 21, 2014, the Rhode Island Secretary of State revoked the Certificate of Organization for 929 Providence Street LLC. Imad E. Melhem is the last known member or authorized person for 929 Providence Street LLC. GNI West Warwick Inc. operates the facility. On September 20, 2021, 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.

May 2, 2024 – Dam State I.D. 167 (Flat River Reservoir Dam) and Dam File No. OCI-DAMS-23-28 and Superior Court File No. KC-2024-0408 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant SOSCIA HOLDINGS LLC for a dam located in Coventry, Rhode Island. Defendant owns the dam. The dam is classified by RIDEM as High Hazard. On April 3, 2024, OC&I issued an Immediate Compliance Order (ICO) to Defendant alleging that Defendant violated Rhode Island’s Rules and Regulations for Dam Safety (250-RICR-130-05-1).  View the ICO.  Defendant did not comply with the ICO.  On May 2, 2024, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the ICO.  View the Complaint. 

May 14, 2024 – Hazardous Waste File No. 15-65 and Superior Court File No. PC-2024-02727 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant The Providence Turners for a property located at 108-130 Glenbridge Avenue, Assessor's Plat 113, Lots 261, 262, 263 and 419, in Providence, Rhode Island. The property includes a building used for a members club of physical training. Defendant owns the property.  On October 24, 2016, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island's Rules and Regulations for the Management of Hazardous Waste and Rhode Island's Oil Pollution Control Regulations.  View the NOV.  Defendant did not file an appeal of the NOV and did not comply with the NOV.  On May 14, 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.