April 2022 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Filed

Superior Court Actions Settled or Resolved

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

Formal Enforcement Actions Issued:

April 1, 2022 – Multi-Media – Solid Waste File No. OCI-SW-13-67 and Hazardous Waste File No. OCI-HW-20-43 re: Desnoyers Enterprises, Inc. for a property located at 1160 Mount Pleasant Road, Assessor's Plat 64, Lot 19 in Burrillville, Rhode Island. The property includes a manufacturing business. Respondent owns the property and operates the business. OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act and Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities. View the NOV.

April 14, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-19-34 re: Calvin Hill, Jr. for a property located at 2 Brenden Street, Assessor’s Plat 36, Lot 139 in Westerly, Rhode Island. The property includes a 2-bedroom residential dwelling. Respondent owns the property. The property was transferred to Respondent on June 30, 2017. OC&I alleges that Respondent 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.

April 19, 2022 – Solid Waste File No. OCI-SW-19-22 re: Daniel Gonyea for a property located at 97 Ross Road, Assessor's Plat 156, Lot 57 in Burrillville, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act and Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities. View the NOV.

Formal Enforcement Actions Settled or Resolved:

April 1, 2022 – Water Pollution File Nos. OCI-WP-19-50 X-ref RIPDES RI0100234 re: City of Warwick. Respondent owns a wastewater collection and treatment system (facility). On September 30, 2008, RIDEM issued a permit to Respondent to discharge treated wastewater from the facility to Pawtuxet River through outfall 001A. The permit does not authorize Respondent to discharge wastewater from the facility to any other waters of the State or from any location other than outfall 001A. The permit requires Respondent to take all reasonable steps to minimize or prevent any discharge which has a reasonable likelihood of adversely affecting human health or the environment and to properly operate and maintain all facilities and systems of treatment and control which are installed or used to achieve compliance. On January 28, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System and Rules and Regulations for the Operation and Maintenance of Wastewater Treatment Facilities. 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.

April 15, 2022 – Underground Storage Tank File No. OCI-UST-18-51-00506 re: CARPARELLI ENTERPRISES, L.L.C., BRITLEY, INC. and 7-ELEVEN, INC. for property located at 11-13 Post Road, Assessor’s Plat 98, Lot 105 in Westerly, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). CARPARELLI ENTERPRISES, L.L.C. owns the property. BRITLEY, INC. and 7-ELEVEN, INC. operate the facility. On February 27, 2019, 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. BRITLEY, INC. and 7-ELEVEN, INC. filed an appeal of the NOV with AAD. CARPARELLI ENTERPRISES, L.L.C. did not file an appeal of the NOV. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

April 22, 2022 – Water Pollution File No. 20-110 re: Town of Bristol and Bristol County Water Authority. The Town of Bristol (Bristol) owns and operates a wastewater collection and treatment system in Bristol, Rhode Island (facility). The facility includes a pipe beneath Hopeworth Avenue in Bristol, Rhode Island. Bristol County Water Authority (BCWA) owns and operates a drinking water supply system that includes a pipe beneath Hopeworth Avenue in Bristol, Rhode Island. On September 9, 2016, RIDEM issued a permit to Bristol to discharge treated wastewater from the facility to Bristol Harbor. The permit does not authorize the discharge of untreated wastewater from the facility to any waters of the State. The permit became effective on October 1, 2016. On November 23, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV. BCWA filed an appeal of the NOV with AAD. Bristol did not file an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, RIDEM and BCWA executed a settlement agreement to resolve the NOV. View the Agreement.

Superior Court Actions Filed:

None filed this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.