August 2021 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Issued

Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for August 2021. 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 Micheal Healey at 401-222-4700 ext. 2777273. 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.

Formal Enforcement Actions Issued:

August 13, 2021 – Water Pollution File No. OCI-WP-19-114, RIR101674, STW 17-219 and FWW 17-0274 re: Hopkins Pond Development, LLC and Dig Rite Company, Inc. for property located off Central Avenue in Johnston, Rhode Island. On November 16, 2017, Drywater, LLC applied to RIDEM to construct 27 residential condominiums and the associated infrastructure at the property. On May 23, 2018, RIDEM issued a permit to Drywater, LLC for construction of the project. On February 19, 2019, Hopkins Pond Development, LLC purchased the property from Drywater, LLC. On October 11, 2019, RIDEM advised Hopkins Pond Development, LLC in a written letter that the permit was transferred automatically from Drywater, LLC to Hopkins Pond Development, LLC upon sale of the property. Dig Rite Company, Inc. is the contractor and operator for the project. OC&I alleges that Respondents violated Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

August 23, 2021 – Air Pollution File No. OCI-AIR-18-112 re: Sprague Operating Resources LLC for a facility located at 120 Allens Avenue (also identified as 144 Allens Avenue) in Providence, Rhode Island. The facility receives and distributes liquid asphalt and other petroleum products that are stored in above ground storage tanks. On May 17, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s air pollution regulations titled Odors (250-RICR-120-05-17). View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I inspected the facility and documented an additional violation that OC&I alleges occurred after the NOV was issued. View the Amended NOV.

August 26, 2021 – Water Pollution File No. OCI-WP-19-33, RIR101385, STW 16-049 and FWW 16-0074 re: Douglas Enterprises, Ltd. for a property located approximately 500 feet south of Teakwood Drive (West) and approximately 600 feet southeast of its intersection with Ironwood Drive, Assessor’s Plat 76, Lot 1 in Coventry, Rhode Island. On or about March 28, 2016, Respondent applied to RIDEM to construct a 30-unit residential development at the property. On August 12, 2016, RIDEM issued a permit to Respondent for construction of the project. OC&I alleges that Respondent violated Rhode Island’s Water Pollution Act, Freshwater Wetlands Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

Formal Enforcement Actions Settled or Resolved:

August 6, 2021 – Air Pollution File No. OCI-AIR-20-96 re: J. Goodison Company dba J. Goodison Company, Inc. for a facility located at 125-128 Zarbo Avenue in North Kingstown, Rhode Island. Respondent operates the facility. The facility is a stationary source of air pollutants. On February 10, 2017, RIDEM issued a minor source permit to Respondent to emit air pollutants to the atmosphere from the facility. On February 15, 2021, OC&I issued a NOV to Respondent alleging that Respondent violated its permit and Rhode Island’s regulations titled Air Pollution Control Permits. 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.

August 9, 2021 – Dam State I.D. No. 320 (Stone Pond Dam) and Dam Safety File Nos. OCI-DAMS-13-82 and OCI-DAMS-15-6 re: Pauline E. Grieco for a dam located approximately 2,400 feet south west of the intersection of Atwood Avenue and Plainfield Pike, approximately 220 feet south of Plainfield Pike, Assessor's Plat 37, Lot 498 in Cranston, Rhode Island. The dam is classified by RIDEM as High Hazard. Respondent owns the dam. On August 2, 2016, OC&I issued a NOV to Respondent alleging that the dam was unsafe, and Respondent was in violation of Rhode Island’s Rules and Regulations for Dam Safety. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent fully complied with the Order section of the NOV.

August 24, 2021 – Underground Storage Tank File No. 2016-73-00610 re: RIVERSIDE CLEANSERS CO., INC. and ROZI, LLC for property located at 970 Willet Avenue, Assessor's Map 513, Block 25, Parcels 1 and 2 in East Providence, Rhode Island. The property includes a motor fuel storage and dispensing system and a convenience store and underground storage tanks used for the storage of petroleum products (facility). RIVERSIDE CLEANSERS CO., INC. owns the property. ROZI, LLC operates the facility. On June 12, 2017, 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 penalty assessed in the NOV. OC&I referred collection of the penalty to the Department of Revenue, and the penalty was paid in full.

Superior Court Actions Issued:

None settled or resolved this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.