February 2022 Enforcement Action Summary

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

February 2, 2022 – Freshwater Wetland File No. OCI-FW-18-187 re: Lee H. Beausoleil and Jennifer R. Beausoleil for property located approximately 800 feet west/southwest of Burlingame Road, at House Number 70 (Burlingame), approximately 1,700 feet northwest from the intersection of Burlingame Road and Phenix Avenue, Assessor’s Plat 23, Lot 90 in Cranston, Rhode Island. Respondents formerly owned the property. OC&I alleges that Respondents violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. View the NOV.

February 3, 2022 – Solid Waste File No. OCI-SW-20-81 re: Jesse Riel for property located on Eleventh Avenue, Assessor’s Plat 2, Lot 149 in Woonsocket, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island’s Refuse Disposal Act and Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities. View the NOV.

February 17, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-273 re: William C. Maaia and Linda Jane Maaia for property located at 16 Emery Road, Assessor's Plat 16, Lot 229 in Warren, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. OOC&I alleges that Respondents violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV.

February 22, 2022 – Underground Storage Tank File No. OCI-UST-21-8-02372 re: RWR Real Estate Investment Group, LLC for property located at 2905/2907 Post Road, Assessor's Plat 267, Lot 202 in Warwick, Rhode Island. The property includes a commercial office building and underground storage tanks used for storage of petroleum products. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials. View the NOV.

February 23, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-19-91 re: Joseph S. Piscopio for property located at 78 Blackburn Street, Assessor's Plat 278, Lot 95 in Warwick, 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. View the NOV.

February 24, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-85 re: Heirs of Albert J. Browning, Jr. and Lorna C. Browning for property located at 1113 Succotash Road, Assessor's Plat I-J, Lot 48 in Narragansett, 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. View the NOV.

Formal Enforcement Actions Settled or Resolved:

February 2, 2022 – Underground Storage Tank File No. OCI-UST-2018-17-00582 and AAD No. 18-008/WME re: Amer Javed and Vikar Vahora, Inc. for property located at 1178 High Street, Assessor’s Plat 16, Lot 319 in Cumberland, Rhode Island. The property includes underground storage tanks used for storage of petroleum products (facility). HAJVARI, LLC owns the property. On April 22, 2013, Rhode Island’s Secretary of State revoked the Certificate of Registration/Organization for HAJVARI, LLC. Amer Javed is the last known authorized person for the corporation. Vikar Vahora, Inc. operates the facility. On July 12, 2018, 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 NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

February 14, 2022 – Water Pollution File Nos. 17-4, RIPDES RIR101411, and WQC 16-079 and AAD No. 18-004/WRE re: Town of Barrington, Rhode Island and J.H. Lynch & Sons, Inc. The Town of Barrington, Rhode Island (Barrington) owns property located on Upland Way that has an inactive municipal landfill. On or about July 25, 2016, Barrington signed a contract with J.H. Lynch & Sons, Inc. (Lynch) to close the landfill. On September 7, 2016, RIDEM issued a permit to Barrington to close the landfill. The permit authorized Barrington to install and maintain controls to minimize the discharge of pollutants from the property. On April 10, 2018, OC&I issued a NOV to Respondents alleging that Respondents violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations and Regulations for the Rhode Island Pollutant Discharge Elimination System. View the NOV Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I and Respondents executed a Consent Agreement to resolve the NOV. View the Agreement.

Superior Court Actions Filed:

None issued this month.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.