November 2021 Enforcement Action Summary

Formal Enforcement Actions Issued

Formal Enforcement Actions Settled or Resolved

Superior Court Actions Filed

Superior Court Actions Settled or Resolved

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

Media inquiries should be addressed to Jay Wegimont at 401-222-4700, ext. 2772402. Requests for file reviews should be addressed to Angela Spadoni at 401-222-4700, ext. 2777307, fax 401-222-3810. Please note that formal case names appearing in blue text may be clicked with a computer mouse to open a PDF version of the unsigned document.

ENFORCEMENT WEB PAGE UPDATE FOR NOVEMBER 2021

Formal Enforcement Actions Issued:

November 10, 2021 - Freshwater Wetland File Nos. OCI-FW-17-109 and C99-0276 re: MacKenzie St. Godard and Thomas A. St. Godard for property located approximately 200 feet north of the intersection of Sneech Pond Road and Bonnie Brook Drive, at house number 232 Sneech Pond Road, Plat 42, Lot 240 in Cumberland, Rhode Island. Respondents own the property. OC&I alleges that Respondents violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

November 16, 2021 - Water Pollution File Nos. OCI-WP-20-119, STW 18-033 and RIR101715 re: John Mahoney for property located at Chopmist Hill Road, Assessor's Plat 45, Lots 107 and 108 in Scituate, Rhode Island. McIntosh Hill Estates, LLC owns the property. On June 27, 2018, RIDEM issued a permit to Respondent to construct 6 condominium buildings and associated infrastructure at the property. OC&I alleges that Respondent violated the permit and 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 Cases - Settled or Resolved:

November 3, 2021 - Water Pollution File Nos. OCI-WP-19-156, RIR101800, STW 18-162 and FWW 18-0027 re: Lippitt Land Investments LLC for property located at Laten Knight Road, Assessor's Plat 30/4, Lot 250 in Cranston, Rhode Island. On November 5, 2018, RIDEM issued a permit to Respondent to construct a residential subdivision and associated roadway and stormwater treatment structures at the property. On October 23, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island'sWater Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent offered to pay an administrative penalty of $7,500, which OC&I accepted to resolve the NOV.

November 9, 2021 - Underground Storage Tank File No. OCI-UST-2018-30-00445 re: Ibraham Enterprises Corporation for property located at 33 Jefferson Boulevard, Assessor's Plat 284, Lot 291 in Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system, and underground storage tanks used for the storage of petroleum product (facility). Respondent owns the property and operates the facility. On August 17, 2018, 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 administrative penalty assessed in the NOV. RIDEM referred collection of the penalty to the Department of Revenue, and the penalty was paid in full to resolve the NOV.

November 9, 2021 - Underground Storage Tank File No. OCI-UST-2016-19-00445 re: Ibraham Enterprises Corporation for property located at 33 Jefferson Boulevard, Assessor's Plat 284, Lot 291 in Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system, and underground storage tanks used for the storage of petroleum product (facility). Respondent owns the property and operates the facility. On October 27, 2016, 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 administrative penalty assessed in the NOV. RIDEM referred collection of the penalty to the Department of Revenue, and the penalty was paid in full to resolve the NOV.

November 12, 2021 - Dam Safety File No. OCI-DAMS-13-40 and Dam State I.D. No. 424 re: Estate of George Russell James for a dam identified as Block Island Rod and Gun Club Dam, State Identification Number 424, located approximately 296 feet northeast of the intersection of Connecticut Avenue and Old Town Road and approximately 667 feet southeast of Old Town Road, Assessor's Map 6, Lot 70 in New Shoreham, Rhode Island. Respondent owned the dam at the time the NOV was issued. The dam is classified by RIDEM as Significant Hazard. On March 12, 2014, OC&I issued a NOV to Respondent alleging that Respondent violated 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, a new owner acquired the property and complied with the Order section of the NOV to resolve the NOV.

November 12, 2021 - Underground Storage Tank File No. OCI-UST-18-76-01414 re: Warwick Cove Marina, Inc. for property located at 22 Seminole Street, Assessor's Plat 376, Lot 248 in Warwick, Rhode Island. The property includes a marina and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). Respondent owned the property and operated the facility at the time the NOV was issued. On August 2, 2019, 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 (250-RICR-140-25-1). View the NOV Respondent did not file an appeal of the NOV with AAD and did not comply with the NOV. The property was sold to a new owner, who complied with the Order section of the NOV and paid a reduced penalty of $8,000 to resolve the NOV.

Superior Court Actions Filed:

None filed this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.