September 2023 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for September 2023. 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, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-22-14 re:  Walter Moniz for a property located at 794 Washington Street, Assessor’s Plat 46, Lot 25.001 in Coventry, Rhode Island.  The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondent owns the property.  OC&I alleges 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.

September 15, 2023 – Onsite Wastewater Treatment System File No. OCI-OWTS-21-56 re:  Fernando Hernandez and Zenaida Hernandez for a property located at 7 Noble Street, Assessor’s Plat 7/2, Lot 163 in Cranston, Rhode Island.  The property includes a single-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.

September 20, 2023 – Underground Storage Tank File No. OCI-UST-23-6-00431 re: John Jeha d/b/a Jeha Corp, and John Jeha d/b/a JOHN JEHA, INC. for a property located at 76 Newport Avenue, Assessor’s Plat 40, Lot 1008, in Pawtucket, Rhode Island. The property includes a gasoline filling station and a motor vehicle service garage (facility).  Jeha Corp owns the property.  JOHN JEHA, INC. operates the facility. The Rhode Island Secretary of State revoked the Certificate of Registration for both corporations on September 12, 2023. John Jeha is the last known president of the corporations. OC&I alleges that Respondents violated Rhode Island's Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials (250-RICR-140-25-1).   View the NOV.

September 22, 2023 – Air Pollution File No. OCI-AIR-23-80 re: Rhode Island Bioenergy Facility, LLC for a property located at 289 Scituate Avenue, in Johnston, Rhode Island. The property includes an industrial anaerobic digester for food and other solid organic waste  (facility).  Respondent operates the facility.  OC&I issued an Immediate Compliance Order (ICO) alleging that Respondent violated Rhode Island’s Air Pollution Control Regulations, Part 7 titled Emission of Air Contaminants Detrimental to Person or Property, and Part 17, titled Odors. View the ICO.

September 26, 2023 – Freshwater Wetland File No. 17-110 re: The Gerald P Zarrella Trust for property located approximately 1,500 feet west of Narrow Lane and approximately 1,430 feet from the intersection of Narrow Lane and South Road, Assessor's Plat 13, Block 3, Lot 30 in Exeter, Rhode Island. On February 20, 2019 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. 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.

None settled/resolved this month.