August 2022 Enforcement Action Summary

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

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.

August 1, 2022 – Freshwater Wetland File Nos. OCI-FW-17-15 and C13-0109 re: Frederickson Farms, LLC for a property located between 40 feet and 265 feet west of Chopmist Hill Road (Route 102), at 985 Chopmist Hill Road, approximately 460 feet southwest of the intersection of Chopmist Hill Road and Hartford Pike (Route 101), Assessor’s Plat 27, Lot 1 in Scituate, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.  View the NOV.

August 9, 2022 – Freshwater Wetland File No. OCI-FW-21-7 re: SOSCIA HOLDINGS, LLC for a dam identified as Flat River Reservoir Dam (commonly known as Johnson’s Pond) in Coventry, Rhode Island. Respondent owns the dam. OC&I issued an Immediate Compliance Order (ICO) alleging that Respondent violated Rhode Island's Inspections of Dams and Reservoirs Act and Water Quality Regulations.  View the ICO.

August 12, 2022 – Freshwater Wetland File No. OCI-FW-22-28 re: John Pereira for a property located approximately 1,300 feet northeast of the intersection of Black Hut Road and Cherry Farm Road at House Number 145 Black Hut Road, Assessor’s Plat 126, Lot 27 in Burrillville, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act.  View the NOV.

August 12, 2022 – Hazardous Waste File No. OCI-HW-20-47 re: TLCE Realty Trust for a property located at 500 State Avenue, Assessor's Plat 102, Lot 119 in Tiverton, Rhode Island. The property includes a facility used for storage of automobiles and aboveground storage tanks and containers holding heating oil. Respondent owns the property.  OC&I alleges that Respondent violated Rhode Island’s Oil Pollution Control Act, Refuse Disposal Act, Oil Pollution Control Regulations, Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities and Air Pollution Control Regulations titled Open Fires.  View the NOV.  

August 15, 2022 – Air Pollution File Nos. OCI-AIR-18-111, OCI-AIR-19-57 and OCI-AIR-19-88 and Water Pollution File No. OCI-WP-18-134 re: P. J. Keating Company for a property located at 875 Phenix Avenue in Cranston, Rhode Island. The property includes a facility engaged in the mining and processing of rock, sand and gravel (quarry facility) and a facility that manufactures concrete (concrete facility). Respondent operates the quarry facility. Respondent leases a portion of the property to Cullion Concrete, which operates the concrete facility. On September 23, 2014, RIDEM issued a permit to Respondent to discharge stormwater from the property to an unnamed tributary flowing into Furnace Hill Brook. The permit requires Respondent to meet limits for monthly average and maximum daily concentrations for total suspended solids. On January 27, 2020, OC&I issued a NOV to Respondent alleging that Respondent violated the permit and Rhode Island’s Water Pollution Act, Water Quality Regulations, Regulations for the Rhode Island Pollutant Discharge Elimination System, Air Pollution Control Regulations titled Fugitive Dust and Air Pollution Control Regulations titled Emissions of Air Contaminants Detrimental to Person or Property. 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.

August 17, 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. On May 6, 2022, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Refuse Disposal Act, Freshwater Wetlands Act, Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities and Rules and Regulations Governing the Administrative and Enforcement of the Freshwater Wetlands Act. View the NOV. Respondent did not file an appeal of the NOV with AAD.  Respondent fully complied with the NOV, including payment of the full penalty assessed in the NOV. 

None filed this month.

None settle or resolved this month.