December 2021 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for December 2021. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the environment and the public's health, safety, and welfare.

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 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, 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 RIDEM's Office of Customer and Technical Assistance. OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before AAD.

Formal Enforcement Actions Issued:

December 2, 2021 - Underground Storage Tank File No. OCI-UST-21-12-00901 re: Imad Melhem and 1015 Sandy Lane LLC for 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. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

December 29, 2021 - Underground Storage Tank File No. OCI-UST-21-9-00317 re: Jeane Tannous and Deeb Tannous for property located at 1885 Mineral Spring Avenue, Assessor's Plat 21A, Lot 853 in North Providence, Rhode Island. The property includes a service station and underground storage tanks that were used for storage of petroleum products. On May 4, 2007, December 23, 2008, and September 18, 2014, Deeb Tannous applied to RIDEM to close the tanks. Tannous identified himself as the owner of the tanks. MAGIC REALTY LLC owns the property. On June 17, 2017, the certificate of authority for MAGIC REALTY LLC was revoked by the Rhode Island Secretary of State. Jeane Tannous is the last known resident agent, member, and authorized person for MAGIC REALTY LLC. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

Formal Enforcement Cases - Settled or Resolved:

December 13, 2021 – Onsite Wastewater Treatment System File CI10-137 re: Debra A. Roy and James E. Roy for property located at 44 Old Angell Road, Assessor's Plat 39, Lot 20 in Cumberland, Rhode Island. The property includes a residential dwelling and was formerly owned by Respondents. On August 1, 2011, OC&I issued a NOV to Respondents alleging that Respondents violated RIDEM's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.  View the NOV. Respondents did not file an appeal of the NOV with AAD and did not comply with the NOV. The property was sold, and the new owner fully complied with the NOV, including payment of the penalty assessed in the NOV. 

December 22, 2021 - Underground Storage Tank File No. OCI-UST-13-117-18573 re: Thurbers Avenue Realty, Inc. for property located at 1025 Eddy Street in Providence, Rhode Island. The property includes a convenience store, a motor fuel filling station and 3 underground storage tanks (USTs or tanks) used for the storage of petroleum products (facility). Respondent owns the property. On April 15, 2014, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV Respondent did not file an appeal of the NOV with AAD. Respondent complied with the Order section of the NOV, but did not pay the penalty assessed in the NOV. OC&I referred the collection of the penalty to the Department of Revenue, and the penalty was paid in full (including interest owed) to fully resolve the NOV. .

December 29, 2021 - Underground Storage Tank File No. 2017-51-00706 re: Jeha Corp. for property located at 296 Armistice Boulevard, Assessor's Plat 18, Lot 922 in Pawtucket, Rhode Island. The property includes a petroleum product storage and dispensing system and underground storage tanks used for the storage of petroleum products (facility). Respondent owns the property and operates the facility. On November 16, 2017, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV Respondent did not file an appeal of the NOV with AAD and did not comply with the NOV. On October 30, 2020, Respondent entered into a purchase and sales agreement to sell the property to Rathore, Inc. On November 30, 2021, Rathore, Inc. assigned all its rights as buyer to Talha and Hassieb Brothers, LLC (THB). In lieu of proceeding to Superior Court to enforce the NOV, OC&I, Respondent and THB entered into a Consent Agreement to resolve the NOV. . View the Agreement

Superior Court Actions Filed:

None filed this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.