November 2024 Enforcement Action Summary
This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for November 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.
November 1, 2024 – Air Pollution File No. OCI-AIR-23-80 re: Rhode Island Bioenergy Facility, LLC for property located at 289 Scituate Avenue in Johnston, Rhode Island. The property includes an anaerobic digester facility that produces natural gas from recycled food and other organic waste. Respondent operates the facility. OC&I alleges that Respondent violated Rhode Island’s Air Pollution Control Regulations titled Odors (250-RICR-120-05-17). View the NOV.
November 7, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS 23-41 re: Smith Co, LLC for property located at 375 Cumberland Hill Road Rear, Assessor’s Plat 41, Lot 24 in Woonsocket, Rhode Island. The property includes a dwelling that was constructed in 1920. Respondent owns the property. OC&I alleges that Respondent violated the Rhode Island Cesspool Act of 2007 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.
November 7, 2024 – Onsite Wastewater Treatment System File No. OCI- OWTS 14-43 re: Michael Vellucci and Tammy Vellucci for property located at 38 Charlotte Drive, Assessor’s Plat 201, Lot 174 in Warwick, Rhode Island. The property includes a dwelling that was constructed in 1930. Respondents purchased the property on December 1, 2021. OC&I alleges that Respondents violated the Rhode Island Cesspool Act of 2007 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.
November 22, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS 23-77 re: William C. Hill, Jr. and Meagan-Anne Hill for property located at 8 Kearns Avenue, Assessors Map 116, Lot 352 in Tiverton, Rhode Island. Respondents own the property. The property includes a residential dwelling. OC&I alleges that Respondents violated 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.
November 22, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS 24-9 re: Minnie Johnson, Thomas M. Freeman and Michael L. Johnson for property located at 54 Sherman Avenue, Assessor’s Map 10E, Plat 102, Lot 007 in Richmond, Rhode Island. The property includes a single-family dwelling. Respondents own the property. OC&I alleges that Respondents violated 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.
November 7, 2024 – Underground Storage Tank File No. OCI-UST-22-20-01793 re: DIMAS REALTY, LLC and BMC PETROLEUM INC II for property located at 135 Putnam Avenue, Assessor’s Plat 40, Lot 100 in Johnston, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility). DIMAS REALTY, LLC owns the property. BMC PETROLEUM INC II operates the facility. On December 14, 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 (250-RICR-140-25-1). View the NOV. Respondents filed an appeal of the NOV to AAD. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.
November 26, 2024 – Freshwater Wetlands File No. OCI-FW-17-126 re: 125 Whitehead, LLC for a property located approximately 600 feet west of Whitehead Road and approximately 1,100 feet south of the intersection with Flat River Road (Route 117), at 115 Whitehead Road, Assessor’s Plat 58, Lot 39.1 and at 125 Whitehead Road, Assessor’s Plat 58, Lot 39.2 in Coventry, Rhode Island. Respondent owns the property. The property was formerly owned by Soscia Holdings, LLC. On February 24, 2023, OC&I issued an NOV to Soscia Holdings, LLC alleging that Soscia Holdings, LLC violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1) (250-RICR-150-15-3). View the NOV. After issuance of the NOV, Soscia Holdings, LLC sold the property to Respondent. Respondent filed an appeal of the NOV to AAD. RIDEM filed a motion to dismiss the appeal on the grounds that Respondent was not the proper party to file an appeal. On August 28, 2024, an oral argument was held. On November 26, 2024, AAD’s hearing officer issued a Decision and Order dismissing the appeal.
November 1, 2024 – Underground Storage Tank File No. OCI-UST-22-18-02566 and Superior Court Case File No. PC-2024-05928 re: Plaintiff Terrence Gray, Director, RIDEM v. Defendants 125 ESTEN REALTY LLC and THE KITCHEN AND COUNTERTOP CENTER OF NEW ENGLAND, LLC for property located at 125 Esten Avenue, Assessor’s Plat 57, Lot 515 in Pawtucket, Rhode Island. The property includes an industrial/commercial building and an underground storage tank used to store #6 heating oil (facility). 125 ESTEN REALTY LLC owns the property. THE KITCHEN AND COUNTERTOP CENTER OF NEW ENGLAND, LLC operates the facility. On December 8, 2022, 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 (250-RICR-140-25-1). View the NOV. Defendants did not file an appeal of the NOV with AAD or comply with the NOV. On November 1, 2024, RIDEM filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with the NOV. View the Complaint.
November 1, 2024 – Hazardous Waste File No. OCI-HW-15-71 and Superior Court Case File No. PC-2024-05922 re: Plaintiff Terrence Gray, Director, RIDEM v. Defendants ERLIN GUERRERO and ALBINO FOLCARELLI for property located at 103 Sayles Street, Providence, Rhode Island. The property includes a facility used for auto body repair services. On March 11, 2019, OC&I issued a NOV to Defendants d/b/a Sayles Collision Center alleging that Defendants violated Rhode Island's Rules and Regulations for (250-RICR-140-10-1). View the NOV. Defendants did not file an appeal of the NOV with AAD or comply with the NOV. On January 29, 2024, the property was transferred from ownership by Defendant Guerrero individually to Sayles Collision, LLC. On November 1, 2024, RIDEM filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with the NOV. View the Complaint.
November 14, 2024 – Underground Storage Tank File No. OCI-UST-20-32-LS1701 and Superior Court Case File No. PC-2024-06138 re: Plaintiff Terrence Gray, Director, RIDEM v. Defendant BRUCE H. ELWELL dba EARLE’S SERVICE STATION, INC. for property located at 35 Meeting House Lane, Assessor’s Plat 20, Lot 14, Little Compton, Rhode Island. The property includes a convenience store and formerly included a gasoline storage and dispensing system. Defendant owns the property. On August 24, 2020, OC&I issued a NOV to Defendant alleging violations of the Rhode Island General Laws and Rhode Island’s Groundwater Quality Rules (250-RICR-150-05-3), Oil Pollution Control Regulations (250-RICR-140-25-2), and Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). View the NOV. Defendant did not file an appeal of the NOV with AAD or comply with the NOV. On November 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.
November 15, 2024 – Freshwater Wetlands File No. OCI-FW-18-23 and Superior Court Case File No. PC-2024-06155 re: Plaintiff Terrence Gray, Director, RIDEM, v. Defendants RODERICK T. NUNES and DIANE M. NUNES for property located approximately 1,000 feet south/southeast of the southwestern intersection of Industrial Lane and Clyde Street, Plat 18, Lot 268, West Warwick, Rhode Island. Defendants own the property. On October 15, 2019, OC&I issued a NOV to Defendants alleging that Defendants violated Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV. Defendants did not file an appeal of the NOV with AAD or comply with the NOV. On November 15, 2024, OC&I filed a complaint in Superior Court against Defendants asking the Court to order Defendants to comply with NOV. View the Complaint.
None settled or resolved this month.