October 2023 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for October 2023. 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 resolves 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.

October 13, 2023 – Water Pollution File No. OCI-WP-23-45, STW18-103, & RIR101779 re:  Charles Anderson d/b/a Crompton Meadows, LLC and DiCenzo, Inc. for a property located on the north side of Crompton Road, across from Utility Pole #40, Assessor’s Plat 8, Lot 11.1 in Coventry, Rhode Island and Assessor’s Plat 13, Lot 25 in East Greenwich, Rhode Island.  On November 15, 2021, RIDEM issued a permit to Crompton Meadows, LLC for construction of an 80-unit single-family condominium complex and associated infrastructure at the property. The Rhode Island Secretary of State revoked the Certificate of Registration for Crompton Meadows, LLC on September 11, 2023.  Charles Anderson signed the permit on behalf of Crompton Meadows, LLC in his capacity as Member of the company.  DiCenzo, Inc. is the operator in charge of construction and site activities.  OC&I alleges that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations (250-RICR-150-05-1), and Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV.

October 13, 2023 – Underground Storage Tank File No. OCI-UST-23-22-01065 re: Ravi Kumar d/b/a New England Farms Express, LLC and MEGA GAS, LLC for a property located at 414 and 422 Smithfield Avenue, Assessor’s Plat 77, Lots 799 and 821 in Providence, Rhode Island.  The property includes a motor fuel storage and dispensing system and a convenience store (facility).  New England Farms Express, LLC owns the property.  MEGA GAS, LLC. operates the facility.  The Rhode Island Secretary of State revoked the Certificate of Registration for New England Farms Express, LLC on June 27, 2017.  Ravi Kumar is the last known Member of the company.  OC&I alleges 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.

October 17, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-264 re:  James Decesaris and Marian Decesaris for a property located at 36 Fairview Avenue, Assessor’s Plat 2, Section 2, Lot 3674 in Cranston, Rhode Island.  The property includes a dwelling that is served by a cesspool.  Respondents own the property.  OC&I alleges that Respondents violated the Rhode Island Cesspool Act of 2007, and the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

October 17, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-15-80 re: Thomas J. Holt and Jeanne A. Holt for a property located at 311 Riverside Street, Assessor’s Plat 15, Lot 45, in Portsmouth, Rhode Island.  The property includes a dwelling that is served by a cesspool.  Respondents own the property.  OC&I alleges that Respondents violated the Rhode Island Cesspool Act of 2007, and the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

October 11, 1023 – Hazardous Waste File No. OCI-HW-19-98 re: Rebuilders Automotive Supply Co., Inc. for property located at 1650 Flat River Road in Coventry, Rhode Island.  The property includes a facility used for the acquisition of used automobile parts for repair and re-sale.  On April 19, 2023, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Hazardous Waste Management Act and Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). 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.

October 12, 2023 – Underground Storage Tank File No. OCI-UST-18-37-01277 re: The University of Rhode Island and Rhode Island Department of Administration for property located at 60 Tootell Road in South Kingstown, Rhode Island.  The property includes a garage and motor fuel filling station and underground storage tanks that are used for storage of petroleum product (facility).  The University of Rhode Island owns the property. The Rhode Island Department of Administration operates the facility.  On April 8, 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 (250-RICR-140-25-1). 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 submitted a letter to RIDEM requesting a full waiver of the administrative penalty assessed in the NOV for the reasons set forth in the letter. On October 12, 2023, RIDEM issued a letter to Respondent agreeing to waive the penalty and set forth the reasons for doing so in the letter.

October 23, 2023 – Water Pollution File No. OCI-WP-15-73 and OCI-WP-17-10 x-ref RIPDES RIR100847, RIG85G017 and RWW 11-0099 re: Cardi Corporation.  The Rhode Island Department of Transportation (RIDOT) awarded a contract to Respondent to reconstruct the Apponaug Circulator in Warwick, Rhode Island. Respondent certified that it is responsible for complying with the permit. On February 20, 2015, the RIDEM issued a permit to the RIDOT and Respondent to discharge treated groundwater associated with the project to Hardig Brook. On October 23, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated the permits and Rhode Island’s Water Pollution Act, Water Quality Regulations (250 RICR-150-05-1), and Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1).  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.

October 23, 2023 – Water Pollution File No. OCI-WP-18-40 re: Hopkins Hill Road Realty, LLC and Hopkins Hill Sand & Stone, LLC. for a property located at and adjacent to 190 New London Turnpike, Assessor’s Plat 55, Lot 6 (Parcel 55/6), Plat 56, Lot 2 (Parcel 56/2), Plat 56, Lot 3 (Parcel 56/3) and Plat 7, Lot 2 (Parcel 7/2) in West Greenwich, Rhode Island. Parcels 55/6 and 56/3 include a sand and stone quarry. Freshwater wetlands (including one or more streams) are on Parcels 56/2, 56/3 and 7/2. HOPKINS HILL ROAD REALTY, LLC owns Parcels 55/6 and 56/3. HOPKINS HILL SAND & STONE, LLC operates the quarry. James E. Thibault owns Parcel 56/2. State of Rhode Island Water Resources Board owns Parcel 7/2.  On March 1, 2004, HOPKINS HILL ROAD REALTY, LLC applied to RIDEM to alter the wetlands for proposed mining of sand and stone on Parcels 55/6 and 56/3.  On June 9, 2004, RIDEM approved the application. One condition of the approval was that HOPKINS HILL ROAD REALTY, LLC apply for and receive a separate approval from RIDEM to discharge stormwater associated with industrial activity at the quarry to the wetlands.  On January 27, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated the permits and Rhode Island’s Water Pollution Act, Freshwater Wetland Act, Water Quality Regulations (250 RICR-150-05-1), Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1) and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1).  View the NOV. Respondents filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

October 20, 2023 – Solid Waste File No. OCI-SW-21-82 and Superior Court File No. PC-2023-05340 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant Service Transport Group, Inc. for a property located at 28 Privilege Street, Assessor’s Plat 20, Lot 83 in Woonsocket, Rhode Island.  The property includes a solid waste transfer station (facility). Service Transport Group, Inc. owns the property. Barry Gaudet d/b/a Service Transport Group, Inc. operates the facility. On May 12, 2022, OC&I issued a NOV to Defendant and Mr. Gaudet alleging that Defendant and Mr. Gaudet violated Rhode Island’s Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities (OCI-SW-21-82). View the NOV. Neither Defendant nor Mr. Gaudet filed an appeal of the NOV with AAD or complied with the NOV. On October 20, 2023, RIDEM filed a complaint in Superior Court against Defendant, Service Transport Group, Inc., asking the Court to order Defendant to comply with the NOV.  View the Complaint.

October 3, 2023 – On Site Wastewater Treatment System File No. OCI-OWTS-19-49 and Superior Court File No. PC-2022-00523 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant Joseph T. Dyer, Jr. for property located at 27 Breach Drive, Assessor’s Plat 156, Lot 35 in Westerly, Rhode Island.  The property includes a single-family residence.  Defendant owns the property.  Defendant provided documents to RIDEM that the residence was served by a cesspool.  On May 29, 2019, OC&I issued a NOV to Defendant alleging that Defendant violated the Rhode Island Cesspool Act of 2007 and the Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.  Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV. On January 26, 2022, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV.  View the Complaint. Prior to a hearing on the complaint, Defendant retained a licensed septic system designer who determined that the residence is served by a septic system and not a cesspool.  Consequently, RIDEM dismissed the complaint and waived the penalty assessed in the NOV, as there was no violation of State law or regulations.