July 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 July 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:

None issued this month.

Formal Enforcement Actions Settled or Resolved:

July 6, 2021 – Underground Storage Tank File No. OCI-UST-20-8-00431 re: Jeha Corp and JOHN JEHA, INC. for a property located at 76 Newport Avenue, Assessor’s Plat 40, Lot 1008 in Pawtucket, Rhode Island. The property includes a motor fuel storage and dispensing system and a motor vehicle service station (facility). Jeha Corp owns the property. JOHN JEHA, INC. operates the facility. On July 16, 2020, 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 did not file an appeal of the NOV with AAD. Respondents did not comply with the Order section of the NOV or pay the penalty assessed in the NOV. OC&I decided that it was not necessary to require compliance with the Order section of the NOV and referred the collection of the penalty to the Department of Revenue. The penalty was paid in full.

July 16, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-288 re: Joseph Simonelli for property located at 115 Atlantic Avenue, Assessor's Plat 176, Lot 24 in Westerly, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondent owns the property. On June 3, 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 filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent complied with the Order section of the NOV and paid a reduced penalty of $2,250 to fully resolve the NOV.

July 26, 2021 – Underground Storage Tank File No. OCI-UST-19-7-01281 re: Rhode Island Department of Administration for a property located at 122 Wyatt Road, Assessor’s Plat 113, Lot 188 in Middletown, Rhode Island. The property includes a garage and included a motor fuel storage and dispensing system (facility). The State of Rhode Island owns and operates the facility. Respondent is responsible for the maintenance and repair of the facility. On August 5, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent 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 July 26, 2021, RIDEM issued a letter to Respondent agreeing to waive the penalty and set forth the reasons for doing so in the letter.

July 30, 2021 – Onsite Wastewater Treatment System File No. OCI-OWTS-17-52 re: D Construction, LLC and First Choice Construction, LLC for property located at 2558 Hartford Avenue, Assessor's Plat 46, Lot 120 in Johnston, Rhode Island. The property includes a single-family residence. First Choice Construction, LLC owned the property at the time the NOV was issued. First Choice Construction, LLC acquired the property on September 25, 2017. D Construction, LLC owned the property from September 16, 2016 to September 25, 2017. On May 8, 2018, OC&I issued a NOV to Respondents alleging 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. Respondents did not file an appeal of the NOV with AAD. The property was acquired by a new owner, who fully complied with the order section of the NOV and paid the full penalty assessed in the NOV.

Superior Court Actions Issued:

None settled or resolved this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.