October 2024 Enforcement Action Summary

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

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 21, 2024 – Underground Storage Tank File No. OCI-UST-23-31-02987 re: LEON PETROLEUM, LLC and MEHTAB AKHTAR, dba WEST SHORE GAS & AUTO REPAIR INC. for a property located at 688 West Shore Road, Assessor’s Plat 317, Lot 254 in Warwick, Rhode Island. The property includes an automobile service station and a petroleum product storage and dispensing system (facility).  LEON PETROLEUM, LLC owns the property.  WEST SHORE GAS & AUTO REPAIR INC.  (“West Shore) is or was an operator of the facility.  The Certificate of Organization/Registration for West Shore was revoked by the Rhode Island Secretary of State on September 12, 2023.  Mehtab Akhtar is the last known president and registered agent for West Shore.  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 25, 2024 – Air Pollution File No. OCI-AIR-24-17 re: PADILLA CONSTRUCTION & PAINTING COMPANY, LLC for property located at 159 Brown Street in Providence, Rhode Island.  OC&I alleges that Respondent violated Rhode Island’s Air Pollution Control Regulations, Part 24 titled Removal of Lead Based Paint from Exterior Surfaces (250-RICR-120-05-24). View the NOV.

October 1, 2024 – Underground Storage Tank File No. OCI-UST-22-12-00758 re: Pathania Realty, LLC and V & S Farm, Inc. for a property located at 698 Broadway (also referred to as 694 Broadway), Assessor’s Plat 6, Lot 651 in Pawtucket, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system (facility).  PATHANIA REALTY, LLC owns the property.  V & S FARM, INC. operates the facility. On December 27, 2023, 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. Respondents did not file a request for a hearing at AAD.  Respondents complied with the Order section of the NOV, and OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement. 

October 4, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-205 re:  Nicholas Petrarca for property located at 129 Charlotte Drive, Assessor's Plat 201, Lot 113 in Warwick, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property. On August 15, 2019, OC&I issued a NOV to Respondent alleging 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 Respondent did not file a request for a hearing at AAD.  Respondent complied with the order section of the NOV and paid the penalty in full.

October 21, 2024 – Underground Storage Tank File No. UST-23-1-00752 re: DADA REALTY, LLC & JANU CORP.  for a property located at 1196 West Shore Road, Assessor’s Plat 336, Lot 148, in Warwick, Rhode Island. The property includes a gasoline filling station, and a convenience store (facility).  DADA REALTY, LLC owns the property.  JANU CORP. operates the facility. On August 29, 2023, 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 a request for a hearing at AAD. Prior to an administrative hearing, Respondents complied with the Order section of the NOV, and OC&I and Respondents executed a Consent Agreement to resolve the NOV.  View the Agreement

None filed this month. 

None settled or resolved this month.