McKee, Department of Environmental Management issue compliance order against Johnson’s Pond dam operator

COVENTRY, R.I. (WLNE) — The Rhode Island Department of Environmental Management said Wednesday that it issued an immediate compliance order against the Johnson’s Pond dam owner.

The compliance order accuses Soscia Holdings LLC of violating the requirement that the dam be operated “in a manner that is consistent with historic use as determined by the director.”

The company is also being accused of violating the requirement that “all waters be free…from anthropogenic activities…that adversely affect the physical, chemical, or biological integrity of the habitat.”

The Immediate Compliance Order directs Soscia Holdings LLC to “reduce the water release from the Flat River Reservoir Dam to 40cfs as measured at the USGS Gauge or such other rate sufficient to restore the Flat River Reservoir to the spillway level, but not less than 14cfs.”

The Department of Environmental Management said its working with the Rhode Island Attorney General’s Office to enforce the compliance order, which is effective for 45 days and can be renewed for an additional period of 45 days.

“As alleged by the Department of Environmental Management, the unchecked outflow of water from the pond by Soscia Holdings is not only a detriment to the pond and those who enjoy it, but not in compliance with a recently passed state law intended to protect water levels of dams and reservoirs,” Attorney General Peter Neronha said in a statement.

The order comes after the state passed a new law in June making all dam operators in the state to obtain a permit before manually adjusting water levels.

Soscia Holdings has a filed a federal lawsuit over the matter that is being heard in New Hampshire.

“It is not my client’s intention to litigate its case in the media. Soscia Holdings, LLC will respond to and address the latest actions of the Rhode Island Department of Environmental Management in the appropriate forum, to wit, the United states District Court,” said Soscia Holdings attorney Patrick Dougherty.