March 2024 Enforcement Action Summary

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

March 26, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-22-52 re:  Inez Furtado and Ann Mackensie  for a property at 135 Shove Street, Assessor’s Plat 102, Lot 206 in Tiverton, Rhode Island.  The property includes a multi-family residence that is served by an onsite wastewater treatment system. Respondents own the property.  OC&I alleges 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. 

March 26, 2024 – Onsite Wastewater Treatment System File No. OCI-OWTS-23-83 re:  Robert Drake for a property located at 634 Park Avenue, Assessor’s Plat 21, Lot 75 in Portsmouth, Rhode Island.  The property includes a single-family residence that is served by a cesspool. Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Cesspool Act of 2007 and Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6).  View the NOV.  

March 1, 2024 – Hazardous Waste File No. OCI-HW-22-90 re:  Induplate Operations, LLC for a property located at 1 Greystone Drive in North Providence, Rhode Island.  The property includes a facility used for electroplating, polishing, anodizing, and coloring of medical components, firearms, automotive parts, industrial, aerospace, and electronic products.  On August 24, 2023, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Hazardous Waste Management Act and Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-1). View the NOV.   Respondent filed an appeal of the NOV with AAD.  Prior to an administrative hearing on the NOV, Respondent provided documents to OC&I to support a recalculation of the penalty assessed in the NOV. OC&I reviewed the documents and recalculated the penalty to $46,875.  Respondent paid the recalculated penalty and fully complied with the Order section of the NOV to resolve the NOV. 

March 25, 2024 – Underground Storage Tank File No. 2013-142-01327 re: D&P Holdings, LLC and Patricio Pinto and Underground Storage Tank File No. 2015-23-01327 re: D&P Holdings, LLC and VALLY AUTO SERVICE, INC. for a property at 517 Warren Avenue, Assessor's Map 307, Block 9, Parcel One in East Providence, Rhode Island. The property includes a service station, a motor fuel filling station and underground storage tanks used for the storage of petroleum products (facility). D&P Holdings, LLC owns the property. VALLY AUTO SERVICE, INC. operates the facility. The Certificate of Registration for VALLY AUTO SERVICE, INC. was revoked by the Rhode Island Secretary of State on September 14, 2012. Patricio Pinto was the last known president of the company.  On February 20, 2014 and January 8, 2016, 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 2014 NOV.  View the 2016 NOV. Respondents did not file an appeal of the NOVs to AAD.  Respondents did not comply with the 2014 NOV; however, Respondents did comply with the 2016 NOV, which involved the removal of the underground storage tanks. Respondents did not pay the administrative penalties assessed in the NOVs.  OC&I referred collection of the penalties to the Department of Revenue, and Respondents paid $3,000 to fully resolve the NOVs. 

March 29, 2024 – Onsite Wastewater Treatment System File No. 13-64 re: Charles N. Chatterley and Theresa Chatterley  for property located at 63-65 Blackrock Road, Assessor's Parcel ID No. 0063-068.001 in Coventry, Rhode Island. The property includes a dwelling and is owned by Respondents.  On July 29, 2013, OC&I issued a NOV to Respondents alleging that Respondents violated RIDEM'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.  Respondents complied with the Order section of the NOV; however, they did not pay the administrative penalty assessed in the NOV. Given the age of the case, OC&I could not refer the collection of the penalty to the Department of Revenue. The NOV was mailed to the town for recording; however, it was not recorded.  For these reasons, OC&I closed the case without collection of the penalty.

None filed this month. 

None settled or resolved this month.