September 2024 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for September 2024. 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 5, 2024 – Multimedia – Freshwater Wetlands and Water Pollution – File Nos. OCI-FW-21-30, OCI-WP-21-158 and RIPDES RIR101776 re: Hunting Hill, LLC, ATLANTIC – N.E. PROPERTY MANAGEMENT, LLC and Vikon Properties Corp. for a property located approximately 500 feet northeast of the terminus of Meadowbrook Drive, approximately 1,100 feet east of the intersection of Meadowbrook Drive and Mendon Road, Utility Pole No. 9, Assessor’s Plat 35, Lot 188 in Cumberland, Rhode Island.  On June 7, 2019, RIDEM issued a permit to ATLANTIC – N.E. PROPERTY MANAGEMENT, LLC (Atlantic) for the construction of 115 residential condominiums at the property.  The permit was recorded in the Cumberland land evidence records. On June 25, 2019, Atlantic sold the property to Hunting Hill, LLC.  Vikon Properties Corp. is constructing the project.  OC&I alleges that Respondents violated the permit and Rhode Island’s Freshwater Wetlands Act, Water Pollution Act, Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-3), Water Quality Regulations (250-RICR-150-05-1), and Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV.

September 5, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-89 re: Robert L. Phillips for property located at 7A&B High Street, Assessor's Plat 4, Lot 92 in Scituate, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owned the property at the time the NOV was issued. On May 13, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated 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 did not file an appeal of the NOV with AAD and did not comply with the NOV.  The property was foreclosed by the lender, and the lender fully complied with the NOV. 

September 19, 2024 – Freshwater Wetland File No. OCI-FW-18-23 re: Roderick T. Nunes, Diane M. Nunes and 4 N PROPERTIES, LLC for property located approximately 1,000 feet south/southeast of the southwestern intersection of Industrial Lane and Clyde Street, Plat 18, Lot 268 in West Warwick, Rhode Island. Lot 268 was previously part of a larger parcel identified as Plat 18, Lot 246. 4 N PROPERTIES, LLC (4N) owned Lot 246. 4N acquired Lot 246 on November 17, 2004. On April 27, 2016, 4N subdivided Lot 246 into 5 separate parcels, one of which was Lot 268. On June 29, 2016, 4N sold Lot 268 to Roderick T. Nunes and Diane M. Nunes (collectively, Nunes).  On October 15, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV.  Respondents did not file an appeal of the NOV with AAD and did not comply with the NOV. The NOV ordered 4N to pay a $10,000 administrative penalty, and it ordered Nunes to restore the freshwater wetlands and pay a $10,000 administrative penalty. OC&I executed a Consent Agreement with 4N to resolve the NOV as it pertains solely to 4N. View the Agreement. 

September 19, 2024 – Freshwater Wetland File Nos. C09-0079 and OCI-FW-17-164 re: 4 N PROPERTIES, LLC for property located approximately 500 feet east of the northeastern intersection of Industrial Lane and Clyde Street, Plat 18, Lot 265 and approximately 750 feet southeast of the same intersection of Industrial Lane and Clyde Street, Plat 18, Lot 261 and Lot 270 in West Warwick, Rhode Island.  Respondent owns Lot 265 and Lot 270. RAMOS MASONRY, LLC (Ramos) owns Lot 261. Ramos acquired Lot 261 from Franmar Properties of Rhode Island, LLC (FPRI) on September 22, 2023. FPRI previously acquired Lot 261 from 4N on February 21, 2017. On January 25, 2021, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1) and that the violations adversely affected freshwater wetlands on Lot 261, Lot 265, and Lot 270. View the NOV.  Respondent filed an appeal of the NOV with AAD.   Prior to an administrative hearing on the NOV, OC&I, Respondent, and Ramos executed a Consent Agreement to resolve the NOV. View the Agreement.   

September 30, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-20-35 re: Antonio C. Costa and Luisa M. Costa for property located at 125 Burgess Avenue, Assessor’s Plat 17, Lot 13-007 in East Providence, Rhode Island.  The property includes a residential dwelling that is served by an onsite wastewater treatment system.  Respondents own the property.  On February 15, 2024, 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 System (250-RICR-150-10-6). View the NOV.   Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV and submitted correspondence to OC&I requesting a waiver of the penalty assessed in the NOV. For the reasons explained in the correspondence, OC&I waived the penalty to fully resolve the NOV.    

September 30, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-83 re: Michael Brennan for property located at 21 Breach Drive, Assessor's Plat 156, Lot 38 in Westerly, Rhode Island. The property includes a single-family residence and is owned by Respondent.  On February 13, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated 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 did not file an appeal of the NOV with AAD.  Respondent complied with the Order section of the NOV and submitted correspondence to OC&I requesting a waiver of the penalty assessed in the NOV. For the reasons explained in the correspondence, OC&I waived the penalty to fully resolve the NOV.   

September 30, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-294 re: Elias H. Trefes and Vera Jean Trefes for property located at 461 Atlantic Avenue, Assessor's Plat 155, Lot 44 in Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents owned the property at the time the NOV was issued. On May 29, 2019, 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 (250-RICR-150-10-6). View the NOV.  Respondents did not file an appeal of the NOV.  The property was transferred to Respondents’ son Harry Trefes, and he complied with the Order section of the NOV and submitted correspondence to OC&I requesting a waiver of the penalty assessed in the NOV. For the reasons explained in the correspondence, OC&I waived the penalty to fully resolve the NOV. 

September 30, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-24 re: Paul R. Menard for property located at 82-84 Angell Street, Assessor’s Plat 51, Lot 2 in Burrillville, Rhode Island.  The property includes a dwelling constructed in 1930 that, at the time the NOV was issued, was served by a cesspool.  Respondent owns the property.  On December 5, 2023, 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 System (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 submitted correspondence to OC&I requesting a waiver of the penalty assessed in the NOV. For the reasons explained in the correspondence, OC&I waived the penalty to fully resolve the NOV. 

September 6, 2024 – Underground Storage Tank File No. OCI-UST-2015-22-3528 and Superior Court File No. PC-2024-04928 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant Muhammad Ali Saleem for property located at 1836 Warwick Avenue, Assessor’s Plat 329, Lot 404, 1850 Warwick Avenue, Assessor’s Plat 329, Lot 401 and a lot located on Rosemere Avenue that abuts Lots 404 and 401, Assessor’s Plat 329, Lot 408, all in Warwick, Rhode Island. Lot 404 includes a motor fuel storage and dispensing system and underground storage tanks used for storage of petroleum products. Defendant owns the property.  The property was formerly owned by 1836 REALTY CORP (1836 Realty).  On April 11, 2018, OC&I issued a NOV to 1836 Realty alleging that 1836 Realty violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (250-RICR-140-25-1) and the Oil Pollution Control Regulations (250-RICR-140-25-2).  View the NOV.  1836 Realty did not file an appeal of the NOV with AAD and did not comply with the NOV. The NOV was recorded in the Warwick land evidence records.  Defendant took title to the property subject to the NOV as recorded in the Warwick land evidence records.  Defendant did not comply with the NOV.  On September 6, 2024, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV.  View the Complaint. 

None settled or resolved this month.