October 2020 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 October 2020. 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 Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 7307, 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:

October 23, 2020 – Solid Waste File No. 19-13 re: RESERVOIR VENTURES II LLC and GABHALTAIS TEAGHLAIGH LLC for property located at 327 Pine Street, Assessor’s Plat 44, Lot 592 in the City of Pawtucket, Rhode Island. Respondents own the property. GABHALTAIS TEAGHLAIGH LLC acquired ownership of the property on April 23, 2018. RESERVOIR VENTURES II LLC acquired ownership of the property on July 16, 2019. OC&I alleges that Respondents violated Rhode Island’s Refuse Disposal Act. View the NOV.

October 23, 2020 – Water Pollution File No. 19-47 re: S&S LLC for property located at 245 Read School House Road, Assessor’s Plat 74, Lot 3 in the Town of Coventry, Rhode Island. On or about January 8, 2018, Respondent, a limited liability company organized pursuant to the laws of the State of Rhode Island, applied to RIDEM for a general permit to construct a residential subdivision and associated roadway and stormwater treatment structures at the property. On March 8, 2018, RIDEM issued a permit to Respondent for the project. OC&I alleges that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

October 23, 2020 – Water Pollution File No. 19-156 re: Lippitt Land Investments LLC for property at Laten Knight Road, Assessor’s Plat 30/4, Lot 250 in the City of Cranston, Rhode Island. On or about August 29, 2018, Respondent, a limited liability company organized pursuant to the laws of the State of Rhode Island, applied to RIDEM for a general permit to construct a residential subdivision and associated roadway and stormwater treatment structures at the property. On November 5, 2018, RIDEM issued a permit to Respondent for the project. OC&I alleges that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV.

October 23, 2020 – Underground Storage Tank File No. 17-9-LS775 re: Webster 717 LLC, Cranston 717 LLC and Ghassan Nayfeh dba Cranston 717 LLC for property located at 717 Park Avenue, Assessor’s Plat 6, Lot 2162 in the City of Cranston, Rhode Island. The property includes a convenience store and a gasoline storage and dispensing system (facility). Cranston 717 LLC owns the property. Cranston 717 LLC acquired the property on April 26, 2017. On July 22, 2019, the Certificate of Organization/Registration for Cranston 717 LLC was revoked by the Rhode Island Secretary of State. On July 29, 2019, Ghassan Nayfeh submitted a document to RIDEM that stated he owns the property. Webster 717 LLC operates the facility. OC&I alleges that Respondents violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

October 26, 2020 – Dam Safety File No. 20-17 re: Town of Coventry for a dam identified as Coventry Reservoir Dam, State Identification Number 176, located approximately 508 feet south of the intersection of Flat River Road and Phillips Hill Road and approximately 307 feet west of Phillips Hill Road, Assessor’s Plat 318, Lot 215.1, in the Town of Coventry, Rhode Island. Respondent owns the dam. The dam is classified by RIDEM as High Hazard. OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Dam Safety Regulations. View the NOV.

Formal Enforcement Actions Settled or Resolved:

October 20, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-213 re: James E. Ricci and Sharon G. Ricci for property located at 120 Highbank Avenue, Assessor's Plat 166, Lot 484 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondents own the property. On January 2, 2020, OC&I issued a NOV to Respondents alleging that Respondents 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. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and paid a reduced penalty of $3,000 to resolve the NOV.

October 20, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-267 re: Stephen Goulding and Regina Goulding for property located at 11 Brecka Drive, Assessor's I/J, Lot 129 in the Town of Narragansett, Rhode Island. The property includes a single-family residence that was served by a cesspool. Respondents own the property. On September 25, 2019, OC&I issued a NOV to Respondents alleging that Respondents 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. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and submitted documents to OC&I to support the payment of a reduced penalty of $500, which OC&I agreed to accept to resolve the NOV.

October 28, 2020 – Underground Storage Tank File No. OCI-UST-18-48-01315 re: LMG Rhode Island Holdings, Inc. and The Providence Journal Company for property located at 204 Kinsley Avenue (also identified as 210 Kinsley Avenue), Assessor’s Plat 26, Lot 248 in the City of Providence, Rhode Island. The property includes industrial/commercial structures and underground storage tanks that are used for storage of petroleum product (facility). LMG Rhode Island Holdings, Inc. owns the property. The Providence Journal Company operates the facility. On February 22, 2019, 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. 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 administrative penalty assessed in the NOV. OC&I referred the unpaid penalty to the Department of Revenue’s Central Collection Unit, which collected the full penalty assessed in the NOV and interest.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.