January 2022 Enforcement Action Summary

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

Formal Enforcement Actions Issued:

January 13, 2022 – Water Pollution File No. OCI-WP-19-33, RIR101385, STW 16-049 and FWW 16-0074 re: Douglas Enterprises, Ltd. and Ironwood Land Co LLC 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, Douglas Enterprises, Ltd. (Douglas) applied to RIDEM to construct a 30-unit residential development at the property. On August 12, 2016, RIDEM issued a permit to Douglas for construction of the project. On November 21, 2016, the permit was recorded in the land evidence records of Coventry, Rhode Island. On August 16, 2021, OC&I issued a NOV to Douglas alleging that Douglas 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. Douglas filed an appeal of the NOV with AAD. Douglas advised RIDEM that it sold the property to Ironwood Land Co LLC (Ironwood) on February 17, 2017, and that Douglas was not involved in the project. On January 13, 2022, RIDEM issued an Amended NOV to include Ironwood as a named respondent. View the Amended NOV.

January 19, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-20-19 re: Thomas J. McMaugh, Jr. and Keith E. McMaugh for a property located at 4 St. Mary’s Road, Assessor's Plat 30, Lot 17 in Scituate, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). 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.

January 24, 2022 – Hazardous Waste File No. OCI-HW-16-54 re: Emory Chapman and The Indian River Company for a property located at 41 Rocky Hollow Road, Assessor’s Plat 3, Lot 276 in East Greenwich, Rhode Island. The property includes a motor vehicle repair and service business (facility). The Indian River Company owns the property. Emory Chapman operates the facility doing business as Greenwich Garage. OC&I alleges that Respondents violated Rhode Island’s Oil Pollution Control Act and Oil Pollution Control Regulations. View the NOV.

January 24, 2022 – Solid Waste File No. OCI-SW-20-9 re: 129 Properties LLC for a property located at 129 Brookside Avenue, Assessor’s Plat 6, Lot 1060 in West Warwick, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act. View the NOV.

January 28, 2022 – Underground Storage Tank File No. OCI-UST-21-14-01515 re: MASSAD REALTY RI LLC and LDD PETROLEUM INC. for property located at 6228 Post Road, Assessor's Plat 175, Lot 9 in North Kingstown, Rhode Island. The property includes a motor fuel filling station and underground storage tanks used for storage of petroleum products (facility). MASSAD REALTY RI LLC owns the property. LDD PETROLEM INC. 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.

Formal Enforcement Actions Settled or Resolved:

None settled or resolved this month.

Superior Court Actions Filed:

January 26, 2022 – On Site Wastewater Treatment System File No. OCI-OWTS-20-11 and Superior Court File No. PC-2022-00526 re: Plaintiff, Terrence Gray, Acting Director, RIDEM vs. Defendants Judith Olivier and Amy Conners for a property located at 34 Massachusetts Avenue, Assessor's Plat 21, Lot 148 in Cumberland, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system (OWTS). Defendants own the property. On May 17, 2021, OC&I issued a NOV to Defendants alleging that Defendants violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendants 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 Defendants asking the Court to order Defendants to comply with the NOV. View the Complaint.

January 26, 2022 – On Site Wastewater Treatment System File No. OCI-OWTS-19-49 and Superior Court File No. PC-2022-00523 re: Plaintiff, Terrence Gray, Acting 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 that is served by an onsite wastewater treatment system. Defendant owns the property. On May 29, 2019, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island’s 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.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.