September 2022 Enforcement Action Summary

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

Media Inquiries: Direct questions to dem.communications@dem.ri.gov. File Reviews: Requests for public records should be emailed to Angela Spadoni or visit dem.ri.gov/filereview for more on the APRA request process.

Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

September 1, 2022 – Multimedia – Hazardous Waste File No. OCI-HW-21-65 and Water Pollution File No. OCI-WP-19-52 re: F&G SALVAGE, INC. for a property located at 530 Nooseneck Hill Road, Assessor's Plat 46, Lot 2-1 in Exeter, Rhode Island. The property includes an automobile salvage yard.  Respondent owns the property and operates the automobile salvage yard.  OC&I alleges that Respondent violated Rhode Island’s Oil Pollution Control Act, Oil Pollution Control Regulations, Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases and Rules and Regulations for Hazardous Waste Management. View the NOV.

September 1, 2022 – Water Pollution File No. OCI-WP-21-125 x-ref RIPDES RIR50N015 re: Jeff Cadieux d/b/a J & S Scrap Metal & Recycling, Inc. for a property located at 36 Starr Street in Johnston, Rhode Island. The property includes a metal recycling facility.  Respondent operates the facility.  On March 24, 2016, RIDEM issued Respondent a permit to discharge stormwater associated with industrial activity from the facility to Simmons Brook.  On October 26, 2016, Rhode Island’s Secretary of State revoked the certificate of organization for J & S Scrap Metal & Recycling, Inc.  Jeff Cadieux was listed as the president.  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.

September 21, 2022 – Underground Storage Tank File No. OCI-UST-18-18-03176 re: INA Petroleum, Inc. and ROAD RUNNERS FOOD MART, INC. for property located at 2862 Hartford Avenue, Assessor’s Plat 57, Lot 61 in Johnston, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). INA Petroleum, Inc. owns the property. ROAD RUNNERS FOOD MART, INC. operates the facility. On August 17, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.  Respondents did not file an appeal of the NOV with AAD.  Respondents fully complied with the NOV, including payment of the full penalty assessed in the NOV. 

September 21, 2022 – Underground Storage Tank File No. OCI-UST-20-21-03176 re: INA Petroleum Inc. and ROAD RUNNERS FOOD MART, INC. for property located at 2862 Hartford Avenue, Assessor’s Plat 57, Lot 61 in Johnston, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). INA Petroleum, Inc. owns the property. ROAD RUNNERS FOOD MART, INC. operates the facility. On December 8, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. 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 $4,000 to fully resolve the NOV.

September 28, 2022 – Underground Storage Tank File No. OCI-UST-19-54-00921 re: KTY ENTERPRISES, INC. and Supreme Enterprises Inc for a property located at 944 Chalkstone Avenue (a/k/a 168 River Avenue), Assessor’s Plat 65, Lot 946 in Providence, Rhode Island. The property includes a convenience store and underground storage tanks used for storage of petroleum products (facility). KTY ENTERPRISES, INC. owns the property. Supreme Enterprises, Inc. operates the facility. On August 14, 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. 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 $6,000 to fully resolve the NOV.

September 29, 2022 – Freshwater Wetland File No. OCI-FW-13-124 X-ref C13-0081 re: John Melucci for a property located at 27 Sidney Street, Assessor’s Plat 21, Lot 18 in Smithfield, Rhode Island. Respondent owns the property. On February 20, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act.  View the NOV. Respondent filed an appeal of the NOV with AAD.  On August 3, 2022, a hearing was held.  On September 29, 2022, AAD’s hearing officer issued a Decision and Order dismissing the appeal and upholding the NOV in its entirety. View the Decision.

None filed this month.

September 22, 2022 – Hazardous Waste File No. OCI-HW-18-21 and Superior Court File No. PC- 2020-02243 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendant International Chromium Plating Company for a facility located at 2 Addison Place in Providence, Rhode Island. The facility is engaged in electroplating industrial metal parts and components. Defendant is registered with RIDEM as a small quantity hazardous waste generator at the facility under the name International Chromium Plating Company with Environmental Protection Agency identification number RID001208503. On March 6, 2020, RIDEM filed a complaint in Superior Court alleging that Defendant violated Rhode Island’s Hazardous Waste Management Act and Rules and Regulations for Hazardous Waste Management. In the complaint, RIDEM asked the court to order Defendant to comply with the regulations.  View the Complaint.  Prior to a hearing on the complaint, Defendant corrected all the violations RIDEM alleged in the complaint and paid $2,000 to fully resolve the matter.

September 23, 2022 – Onsite Wastewater Treatment System File No. 16-76 and Superior Court File No. PC-2018-2698 re: Plaintiff, Janet L. Coit, Director, RIDEM vs, Defendant Brian Giblin for property located at 23 Bailey Pond Road, Assessor's Plat 41, Lot 13 in West Greenwich, Rhode Island. The property includes a residential dwelling and was owned by Defendant. On February 17, 2017, 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 with the AAD and did not comply with the NOV. On April 20, 2018, RIDEM filed a complaint in Superior Court asking the Court to order Defendant to fully comply with the NOV. View the Complaint.  Prior to a hearing on the complaint, the property was acquired by a new owner, who fully complied with the NOV, including payment of the full administrative penalty assessed in the NOV.