April 2021 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 April 2021. 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. 72402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 77307, 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:

April 12, 2021 – Underground Storage Tank File No. OCI-UST-20-41-02989 re: Leon Petroleum, LLC and Riverside Gas & Cstore, Inc. for property located at 3393 Pawtucket Avenue, Assessor’s Map 310, Block 6, Parcel 3 in East Providence, Rhode Island. The property includes a service station, a convenience store and a motor fuel storage and dispensing system (facility). Leon Petroleum, LLC owns the property. Riverside Gas & Cstore, Inc. 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.

April 19, 2021 – Underground Storage Tank File Nos. OCI-UST-19-51 and LS 3205 re: M & S PROPERTY MANAGEMENT ASSOCIATES, LLC for property located at 491 Main Street, Plat 56-3, Lot 210 in South Kingstown, Rhode Island. Underground storage tanks were formerly located on the property, which tanks were used for storage of petroleum products. Respondent owns the Property. Respondent acquired the property on December 17, 1997. OC&I alleges that Respondent violated the Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

April 19, 2021 – Freshwater Wetland File No. OCI-FW-20-110 re: Christopher R. Lavigne and Courtney L. Lavigne for property located at 4 Carriage Cove Court, Plat 41, Lot 1.001 in Coventry, Rhode Island. Respondents own the property. OC&I alleges that Respondents violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

April 21, 2021 – Freshwater Wetland File No. OCI-FW-20-74 re: Strategic Commercial Realty, Inc. and CHERENZIA EXCAVATION, INC. for property located approximately 2,500 feet north of the terminus of White Rock Road at 109 White Rock Road, Plat 9, Lot 10-1 in Westerly, Rhode Island. Strategic Commercial Realty, Inc. (Strategic) owns the property. Strategic acquired ownership of the property on March 1, 2018. CHERENZIA EXCAVATION, INC. (Cherenzia) owned the property at all other times relevant to the NOV. Cherenzia acquired ownership of the property on November 2, 1998 and sold the property to Strategic on March 1, 2018. OC&I alleges that Respondents violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

Formal Enforcement Actions Settled or Resolved:

April 7, 2021 – 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 Pawtucket, Rhode Island. GABHALTAIS TEAGHLAIGH LLC acquired ownership of the property on April 23, 2018. At the time the NOV was issued, OC&I believed that RESERVOIR VENTURES II LLC acquired ownership of the property on July 16, 2019. On October 23, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Refuse Disposal Act. View the NOV. OC&I learned that the principal for GABHALTAIS TEAGHLAIGH LLC died sometime after issuance of the NOV, preventing proper service of the NOV. OC&I also learned that RESERVOIR VENTURES II LLC did not own the property but had a tax interest in it. The property was acquired by PINE STREET DEVELOPMENT LLC (Pine Tree) prior to the recording of the NOV in the land evidence records. As Pine Tree did not have notice of the NOV, OC&I released the NOV.

April 7, 2021 – Dam File Nos. 395 (Lawton Valley Reservoir Dam), 396 (Nonquit Pond Dam), 485 (Harold E. Watson Reservoir Dam), 580 (Sisson Pond Dam), 581 (St. Mary's Pond Dam), 582 (Nelson Pond Dam), 583 (Gardiner Pond Dam), 584 (Easton Pond North Dam) and 585 (Easton Pond South Dam) re: City of Newport. Respondent owns the dams. Dam 395 is classified by RIDEM as High Hazard and is located approximately 3,000 feet north of the intersection of West Main Road and Union Street, approximately 650 feet east of West Main Road in Portsmouth, Rhode Island. Dam 396 is classified by RIDEM as Significant Hazard and is located approximately 816 feet west of the intersection of Main Road and Pond Bridge Road, approximately 70 feet north of Pond Bridge Road, in Tiverton Rhode Island. Dam 485 is classified by RIDEM as High Hazard and is located approximately 5,700 feet north of the intersection of Peckham Road and West Main Road, approximately 2,300 feet east of West Main Road, in Tiverton, Rhode Island. Dam 580 is classified by RIDEM as High Hazard and is located approximately 1,500 feet east of the intersection of Union Street and Jepson Lane, approximately 1,300 feet south of Union Street, in Portsmouth, Rhode Island. Dam 581 is classified by RIDEM as High Hazard and is located approximately 4,000 feet east of the intersection of West Main Road and Union Street, approximately 1,300 feet south of Union Street, in Portsmouth, Rhode Island. Dam 582 is classified by RIDEM as High Hazard and is located approximately 1,180 feet northwest of the intersection of Paradise Avenue and Hanging Rock Road, approximately 554 feet east of Paradise Avenue, in Middletown, Rhode Island. Dam 583 is classified by RIDEM as High Hazard and is located immediately northeast of the intersection of Hanging Rock Road and Sachuest Point Road, approximately 157 feet east of Hanging Rock Road, in Middletown, Rhode Island. Dam 584 is classified by RIDEM as High Hazard and is located approximately at the intersection of Valley Road and Aquidneck Avenue, approximately 270 feet west of Aquidneck Avenue, in Middletown, Rhode Island. Dam 585 is classified by RIDEM as High Hazard and is located approximately 1,300 feet west of the intersection of Aquidneck Road and Memorial Boulevard, approximately 100 feet north of Memorial Boulevard, on the line between Middletown and Newport, Rhode Island. On April 13, 2016, OC&I issued a NOV to Respondent alleging that the dams are unsafe and that Respondent violated the 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, OC&I and Respondent executed a Consent Agreement to resolve the NOV. View the Agreement.

April 15, 2021 – Underground Storage Tank File No. OCI-UST-18-24-00914 re: MADJOE LLC and Broad Street Gas LLC for property located at 939 (also identified as 957) Broad Street, Assessor’s Plat 2, Lot 21 in Central Falls, Rhode Island. The property includes a convenience store and a motor fuel storage and dispensing system and underground storage tanks that are used for storage of petroleum product (facility). MADJOE LLC owns the property. Broad Street Gas LLC operates the facility. On March 1, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated the Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1). 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 penalty assessed in the NOV. OC&I referred collection of the penalty to the Department of Revenue, and the penalty was paid in full.

April 22, 2021 – Freshwater Wetland File No. OCI-FW-20-74 re: Strategic Commercial Realty, Inc. and CHERENZIA EXCAVATION, INC. for property located approximately 2,500 feet north of the terminus of White Rock Road at 109 White Rock Road, Plat 9, Lot 10-1 in Westerly, Rhode Island. Strategic Commercial Realty, Inc. (Strategic) owns the property. Strategic acquired ownership of the property on March 1, 2018. CHERENZIA EXCAVATION, INC. (Cherenzia) owned the property at all other times relevant to the NOV. Cherenzia acquired ownership of the property on November 2, 1998 and sold the property to Strategic on March 1, 2018. On April 21, 2021, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV. Prior to Respondents filing an appeal of the NOV with AAD, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

April 23, 2021 – Underground Storage Tank File No. OCI-UST-2018-10-01477 re: WAASE AND MOOSA, LLC for property located at 1051 Lonsdale Avenue, Assessor’s Plat 7, Lot 43 in Central Falls, Rhode Island. The property includes underground storage tanks used for storage of petroleum products. Respondent owns the property. On August 17, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the 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 penalty assessed in the NOV. OC&I referred collection of the penalty to the Department of Revenue, and the penalty was paid in full.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.