November 2022 Enforcement Action Summary

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

November 1, 2022 – Hazardous Waste File No. OCI-HW-22-33 re: Stephen A. Cary for a property located at 7 Englewood Lane in Warwick, Rhode Island. The property includes a residence.  Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Oil Pollution Control Act and Oil Pollution Control RegulationsView the NOV.

November 2, 2022 – Freshwater Wetland File No. OCI-FW-16-166 re: Sharon Drive LLC for a property located between 10 feet and 200 feet west of Sharon Drive, approximately 1,250 feet north/northeast of the intersection of Sharon Drive and Marion Drive, Assessor’s Plat 42, Lot 24 in Coventry, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands ActView the NOV.

November 3, 2022 – Water Pollution File Nos. OCI-WP-22-147 x-ref RIPDES RIR50N016 re: Jonathan C. Wales d/b/a Senesco Marine, LLC, Christian F. Reinauer d/b/a Senesco Marine, LLC and Craig Reinauer d/b/a Senesco Marine, LLC for a property located at 1390 Roger Williams Way in North Kingstown, Rhode Island.  The property includes a fixed pier and dry dock and a ship building and repair facility (facility). On August 1, 2019, Senesco Marine, LLC obtained a permit from RIDEM to discharge stormwater from the facility.  On February 14, 2022, Rhode Island’s Secretary of State revoked the Certificate of Organization for Senesco Marine, LLC.  Respondents were the last known managers of Senesco Marine, LLC.  OC&I alleges that Respondents violated the permit and Rhode Island's Water Pollution Act, Water Quality Regulations, and Regulations for the Rhode Island Pollutant Discharge Elimination SystemView the NOV.

November 28, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-140 re: Armand Hamel and Dolores Hamel for a property located at 60 Edmund Lane, Assessor’s Plat 807, Lot 132 in Tiverton, Rhode Island. The property includes a residential dwelling. Respondents own the property. OC&I alleges 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 SystemsView the NOV.

November 28, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-21-7 re: John W. Labossiere for a property located at 33 River Street, Assessor’s Plat 142, Lot 112 in Burrillville, Rhode Island. The property includes a residential dwelling. 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 SystemsView the NOV.

November 29, 2022 – Hazardous Waste File No. OCI-HW-20-23 re: Confluent Medical Technologies, Inc. for a facility located at 80 Commerce Drive in Warwick, Rhode Island. The facility manufactures woven or braided specialty textile/fabric products.  Respondent operates the facility.  OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Hazardous Waste ManagementView the NOV.

November 29, 2022 – Freshwater Wetland File No. OCI-FW-18-189 re: North American Catholic Educational Programming Foundation, Inc. for a property located approximately 190 feet north of Hartford Pike, approximately 620 feet west of the intersection with Regina Drive, Assessor’s Plat 24, Lot 60 in Scituate, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands ActView the NOV.

November 29, 2022 – Site Remediation File No. OCI-SR-22-1 re: Cedar Tree Properties, Inc. for a property located at 450 Pavilion Avenue and Evergreen Avenue, Assessor’s Plat 311, Lot 245 and Lot 246 in Warwick, Rhode Island. Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Hazardous Waste Management Act, Industrial Property Remediation and Reuse Act, Water Pollution Act, Groundwater Protection Act, and Rules and Regulations for the Investigation and Remediation of Hazardous Material ReleasesView the NOV.

November 30, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-216 re: Thomas A. Rose and Sandra H. Rose for a property located at 59 Shore Drive, Assessor’s Plat 17, Lot 35 in Warren, Rhode Island. The property includes a residential dwelling. Respondents own the property. OC&I alleges 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 SystemsView the NOV.

November 30, 2022 – Water Pollution File Nos. OCI-WP-22-29, RIR102228 and STW21-130 re: Alexandria Realty, LLC and R & P Construction Incorporated for a property located off Taylor Road, Assessor’s Plat 30, Lot 16 in Johnston, Rhode Island. Alexandria Realty, LLC owns the property.  On October 4, 2021, Alexandria Realty, LLC obtained a permit from RIDEM to discharge stormwater associated with the construction of 6 residential dwellings at the property.  R & P Construction Incorporated was retained to construct the project. OC&I alleges that Respondents violated the permit and Rhode Island's Water Pollution Act, Water Quality Regulations, and Regulations for the Rhode Island Pollutant Discharge Elimination SystemView the NOV.

November 3, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-85 re: Heirs of Albert J. Browning, Jr. and Lorna C. Browning for property located at 1113 Succotash Road, Assessor's Plat I-J, Lot 48 in Narragansett, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. On February 24, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment SystemsView 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 $2,000 to fully resolve the NOV. 

November 14, 2022 – Water Pollution File No. OCI-WP-21-125 x-ref RIPDES RIR50N015 re: Jeff Cadieux d/b/a J & S Scrap Metal & Recycling, Inc. for a property located at 36 Starr Street in Johnston, Rhode Island. The property includes a metal recycling facility.  Respondent operates the facility.  On March 24, 2016, RIDEM issued Respondent a permit to discharge stormwater associated with industrial activity from the facility to Simmons Brook.  On October 26, 2016, Rhode Island’s Secretary of State revoked the certificate of organization for J & S Scrap Metal & Recycling, Inc.  Jeff Cadieux was listed as the president. On September 1, 2022, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s Water Pollution ActWater Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.  Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a penalty of $4,000 to fully resolve the NOV. 

November 16, 2022 – Underground Storage Tanks File No. OCI-UST-21-8-02372 re: RWR Real Estate Investment Group, LLC for property located at 2905/2907 Post Road, Assessor's Plat 267, Lot 202 in Warwick, Rhode Island. The property includes a commercial office building and underground storage tanks used for storage of petroleum products. Respondent owns the property. On February 22, 2022, 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 MaterialsView the NOV.  Respondent did not file an appeal of the NOV with AAD.  Respondent complied with the Order section of the NOV, but did not pay the penalty assessed in the NOV.  OC&I referred collection of the penalty to the Department of Revenue, and Respondent paid a reduced penalty of $1,900 to fully resolve the NOV. 

November 29, 2022 – Dam Safety File No. OCI-DAMS-21-24 and Dam State I.D. No. 587 (Wright T. Farm Pond Dam) re: Clayton D. Lanphear III and Leslie G. Lanphear. Wright T. Farm Pond Dam is located off White Horse Drive, near 27 White Horse Drive, Assessor's Plat 10B, Lot 44-6A in Glocester, Rhode Island. The dam is classified by RIDEM as Significant Hazard. Respondents own the dam. On June 3, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Dam SafetyView the NOV.  Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, Respondents fully complied with the NOV.

November 9, 2022 – Underground Storage Tanks File No. OCI-UST-2014-74-00544 and Superior Court File No. PC-2022-06438 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant 75 Goff Avenue Realty Trust for a property located at 42 Dexter Street (also known as 75 Goff Avenue), Assessor's Plat 22, Lot 493 in Pawtucket, Rhode Island. The property includes a service station and underground storage tanks. Defendant owns the property.  On January 5, 2016, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials.  View the NOV [https://dem.ri.gov/sites/g/files/xkgbur861/files/programs/benviron/comp…] Defendant filed an appeal of the NOV with AAD.  An administrative hearing was held, and on January 26, 2017, AAD’s hearing officer issued a Decision and Order upholding the NOV and denying Defendant’s appeal. Defendant did not appeal the Decision and Order and did not comply with the NOV.  On November 9, 2022, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV.  View the Complaint.  

November 9, 2022 – Underground Storage Tanks File No. OCI-UST-2017-04-27-02081 and Superior Court File No. PC-2022-06437 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendants Pasco Raimondo and Susan Raimondo for a property located at 94 West Warwick Avenue, Assessor's Plat 7, Lot 399 in West Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system. Defendants own the property and operate the facility. On March 30, 2018, 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 MaterialsView the NOV.  Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On November 9, 2022, RIDEM filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with the NOV.  View the Complaint

November 10, 2022 – Underground Storage Tanks File No. OCI-UST-2019-27-02123 and Superior Court File No. PC-2022-06441 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendants Gordon Realty, Inc. and Richmond Airport, Inc. for a property located at 23 Heaton Orchard Road, Assessor's Plat 7E, Lot 26 in Richmond, Rhode Island. The property includes an airport and a motor fuel storage and dispensing system (facility). Defendant Gordon Realty, Inc. owns the property.  Defendant Richmond Airport, Inc. operates the facility. On January 9, 2020, 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. View the NOV.  Defendants did not file an appeal of the NOV with AAD and did not comply with the NOV. On November 10, 2022, RIDEM filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with the NOV.  View the Complaint.  

None settle or resolved this month.