October 2022 Enforcement Action Summary

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

October 7, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-21-50 re: Erik Nilsson and Amanda Drea for a property located at 57 Wilson Avenue, Assessor's Plat 64, Lot 187 in Johnston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. 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. View the NOV.  

October 12, 2022 – 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. OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

October 12, 2022 – Underground Storage Tank File No. OCI-UST-21-6-01064 re: PMG NORTHEAST LLC and adhyashakti inc. for a property located at 27 Plainfield Street, Assessor’s Plat 105, Lot 416 in Providence, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  PMG NORTHEAST LLC owns the property.  adhyashakti inc. operates the facility. OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

October 12, 2022 – Freshwater Wetland File No. OCI-FW-18-36 re: Bradley Jillett and Jessica Jillett for a property located between 160 feet and 260 feet east of Willard Avenue, at 283 Willard Avenue, approximately 250 feet south of the intersection of Willard Avenue and Whitford Street, Assessor’s Plat 56-2, Lot 163 in South Kingstown, Rhode Island.  Respondents own the Property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.  View the NOV.

October 25, 2022 – Underground Storage Tank File No. 2014-80-00305 re: KANTZ CORPORATION and Mokhtar Kattan for a property located at 644 Oaklawn Avenue, Assessor's Plat 16/1, Lot 822 in Cranston, Rhode Island. The property includes a convenience store and a motor fuel filling station.  KANTZ CORPORATION owns the property.  Mokhtar Kattan operates the facility.  On August 4, 2015, 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 did not file an appeal of the NOV with AAD.  Respondents complied with the Order section of the NOV but did not pay the administrative penalty assessed in the NOV.  OC&I referred collection of the penalty to the Department of Revenue. The penalty was paid in full (plus interest) to resolve the NOV.

October 26, 2022 – Water Pollution File No. OCI-WP-18-8 re: Mark J. Ginalski dba MG Marine, Inc. for a sunken commercial barge in Providence River. Respondent formerly owned the barge. On October 23, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Water Pollution Act and Water Quality Regulations. View the NOV.  Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent died.  OC&I’s legal counsel determined that no party currently exists to substitute for Respondent pursuant to Rhode Island Superior Court Rules of Civil Procedure 25(1) and 41(b).  For this reason, OC&I filed a motion to dismiss the NOV, which was granted by AAD’s hearing officer. 

October 28, 2022 – Underground Storage Tank File No. OCI-UST-21-12-00901 re: Imad Melhem and 1015 Sandy Lane LLC for a property located at 1015 Sandy Lane, Assessor's Plat 349, Lot 130 in Warwick, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  Imad Melhem owns the property. 1015 Sandy Lane LLC operates the facility.  On December 2, 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 did not file an appeal of the NOV with AAD.  Respondents complied with the Order section of the NOV and paid a reduced penalty of $16,000 to fully resolve the NOV.  

None filed this month.

None settle or resolved this month.