May 2022 Enforcement Action Summary

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for May 2022. 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.

Formal Enforcement Actions Issued:

May 6, 2022 – Multi-Media – Solid Waste File No. OCI-SW-20-40 and Freshwater Wetlands File No. OCI-FW-21-183 re: Lee Beausoleil and Artak Avagyan for a property located at 175 Post Road, Assessor's Plat 291, Lot 45 in Warwick, Rhode Island. Respondents own the property. OC&I alleges that Respondents violated Rhode Island’s Refuse Disposal Act and Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities and Rhode Island’s Freshwater Wetlands Act and Rules and Regulations Governing the Administrative and Enforcement of the Freshwater Wetlands Act. View the NOV.

May 12, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-21-28 re: Bruce A. Erickson and Leslie A. Erickson for a property located at 34 Mollusk Drive, Assessor’s Plat R-2, Lot 351 in Narragansett, Rhode Island. The property includes a 2-bedroom residential dwelling. Respondents own the property. OC&I alleges that Respondents violated Rhode Island’s Cesspool Phase Out Act and Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

May 12, 2022 – Underground Storage Tanks File No. OCI-UST-21-2-00641 re: Cowesett Sun Service, LLC and Bayco Enterprises, Inc. for a property located at 128 Cowesett Avenue, Assessor’s Plat 13, Lot 552 in West Warwick, Rhode Island. The property includes a service station and a motor fuel storage and dispensing system (facility). Cowesett Sun Service, LLC owns the property. Bayco Enterprises, Inc. operates the facility. OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

May 12, 2022 – Solid Waste File No. OCI-SW-21-82 re: Service Transport Group, Inc. and Barry Gaudet d/b/a Service Transport Group, Inc. for a property located at 28 Privilege Street, Assessor's Plat 20, Lot 83 in Woonsocket, Rhode Island. The property includes a solid waste transfer station (facility). Service Transport Group, Inc. owns the property. Barry Gaudet d/b/a Service Transport Group, Inc. operates the facility. OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities. View the NOV.

May 12, 2022 – Hazardous Waste File No. OCI-HW-18-73 re: Peter Wilson d/b/a Price Auto Sales, Inc. and RP INVESTMENT COMPANY, LLC for a property located at 184 Danielson Pike, Assessor's Map 10, Lot 26A in Foster, Rhode Island. The property includes an automobile repair shop and used car dealership (facility). RP INVESTMENT COMPANY, LLC owns the property. Peter Wilson d/b/a Price Auto Sales, Inc. operates the facility. OC&I alleges that Respondents violated Rhode Island’s Oil Pollution Control Act and Oil Pollution Control Regulations. View the NOV.

Formal Enforcement Actions Settled or Resolved:

May 3, 2022 – Water Pollution File No. OCI-WP-19-12 re: C. Geoffery Matteson and David Petrucci dba Petrucci Construction for a property located at 175 Greenbush Road, Assessor’s Plat 12, Lot 20 and 179 Greenbush Road, Assessor’s Plat 12, Lot 234 in West Warwick, Rhode Island. Matteson Ridge LP owns Lot 20. Ronald E. Salvas and Rena Salvas own Lot 234. On July 25, 2017, RIDEM issued a permit to C. Geoffery Matteson to construct 32 residential condominium units, roadways, utilities, and stormwater treatment structures on Lot 20. David Petrucci d/b/a Petrucci Construction was contracted to construct the project. On January 11, 2021, OC&I issued a NOV to Respondents alleging that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act and that the alleged violations adversely affected freshwater wetlands located on Lot 234. View the NOV. Matteson Ridge LP filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Matteson Ridge LP complied with the Order section of the NOV and paid an administrative penalty of $12,000 on behalf of itself and Respondents to fully resolve the NOV.

May 19, 2022 – Water Pollution File Nos. OCI-WP-20-119, STW 18-033 and RIR101715 re: John Mahoney for a property located at Chopmist Hill Road, Assessor's Plat 45, Lots 107 and 108 in Scituate, Rhode Island. McIntosh Hill Estates, LLC owns the property. On June 27, 2018, RIDEM issued a permit to Respondent to construct 6 condominium buildings and associated infrastructure at the property. On November 16, 2021, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island's Water Pollution Act, Freshwater Wetlands Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System, and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV. McIntosh Hill Estates, LLC filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I, Respondent and McIntosh Hill Estates, LLC executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Filed:

None filed this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.