June 2022 Enforcement Action Summary

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

June 3, 2022 – Dam Safety File No. OCI-DAMS-21-24 and Dam State I.D. No. 587 (Wright T. Farm Pond Dam) re: Clayton D. Lanphear III and Leslie G. Lanphear. Wright T. Farm Pond Dam is located off White Horse Drive, near 27 White Horse Drive, Assessor's Plat 10B, Lot 44-6A in Glocester, Rhode Island. The dam is classified by RIDEM as Significant Hazard. Respondents own the dam. OC&I alleges that Respondents violated Rhode Island’s Rules and Regulations for Dam Safety. View the NOV.

June 22, 2022 – Underground Storage Tank File No. OCI-UST-22-4-LUST35110 re: CV Holdings, LLC for a property located at 1008 West Shore Road, Assessor’s Plat 333, Lot 284 in Warwick, Rhode Island. The property includes a commercial building and formerly included a motor fuel storage and dispensing system. Respondent owns the property, taking title on or about August 25, 2021. OC&I alleges that Respondent violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV.

Formal Enforcement Actions Settled or Resolved:

June 1, 2022 – Onsite Wastewater Treatment System File No. OCI-OWTS-19-91 re: Joseph S. Piscopio for a 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. On February 23, 2022, OC&I issued a NOV to Respondent alleging 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. Respondent did not file an appeal of the NOV with AAD. Respondent complied with the Order section of the NOV and paid the full penalty assessed in the NOV.

June 1, 2022 – Underground Storage Tank File No. OCI-UST-19-52-00788 re: Khaliq Uzzaman, Sadia Uzzaman and OAKLAWN EXPRESS LLC for a property located at 908 Oaklawn Avenue, Assessor’s Plat 15, Lot 74 in Cranston, Rhode Island. The property includes a motor vehicle service station and a motor fuel storage and dispensing system (facility). Khaliq Uzzaman and Sadia Uzzaman own the property. OAKLAWN EXPRESS, LLC operates the facility. On August 24, 2020, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island’s Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials. View the NOV. Respondents filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondents complied with the Order section of the NOV and paid a reduced penalty of $9,000 to fully resolve the NOV.

June 13, 2022 – Air Pollution File Nos. OCI-AIR-18-112 and OCI-AIR-19-58 re: Sprague Operating Resources LLC for a facility located at 120 Allens Avenue (also identified as 144 Allens Avenue) in Providence, Rhode Island (facility). The facility receives and distributes liquid asphalt and other petroleum products that are stored in above ground storage tanks. On May 17, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated Rhode Island’s Air Pollution Regulations titled Odors. View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, OC&I inspected the facility and documented an additional violation. On August 23, 2021, OC&I issued an Amended NOV to Respondent alleging a further violation of Rhode Island’s Air Pollution Regulations titled Odors. View the Amended NOV. Respondent filed an appeal of the Amended NOV with AAD. Prior to an administrative hearing on the Amended NOV, OC&I and Respondent executed a Consent Agreement to resolve the Amended NOV. View the Agreement.

June 28, 2022 – Freshwater Wetland File No. OCI-FW-20-110 re: Christopher R. Lavigne and Courtney L. Lavigne for a property located at 4 Carriage Cove Court, Plat 41, Lot 1.001 in Coventry, Rhode Island. Respondents own the property. On April 19, 2021, OC&I issued a NOV to Respondents alleging that Respondents violated Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act. 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.

June 29, 2022 – Freshwater Wetland File No. OCI-FW-21-114 and FWW Application 20-0133 re: PADULA BUILDERS, INC. for a property located approximately 85 feet southeast from East Greenwich Avenue at Utility Pole #9098 and approximately 265 feet southwest from the intersection of East Greenwich Avenue and Dogwood Drive, Assessor’s Plat 30, Lot 17 in West Warwick, Rhode Island. On July 20, 2020, RIDEM issued a determination letter to Respondent consisting of an approved plan and conditions regarding a proposed housing development project. The letter required Respondent to install permanent buffer markers along the limit of disturbance, install erosion and sediment controls and not perform any work within freshwater wetlands. On March 9, 2022, OC&I issued a NOV to Respondent alleging that Respondent violated the terms of the letter, Rhode Island's Freshwater Wetlands Act and Rhode Island’s Rules and Regulations 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, Respondent paid a reduced penalty of $3,250 to fully resolve the NOV.

Superior Court Actions Filed:

June 1, 2022 – On Site Wastewater Treatment System File No. OCI-OWTS-14-131 and Superior Court File No. PM-2022-03424 re: Plaintiff, Terrence Gray, Director, RIDEM vs. Defendant The Barbara P. Fedun Trust Agreement for a property located at 36 Bay Street, Assessor's Plat 179, Lot 100 in Westerly, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Defendant owns the property. On May 29, 2019, OC&I issued a NOV to Defendant alleging that Defendant violated Rhode Island’s Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems. View the NOV. Defendant did not file an appeal of the NOV with AAD and did not comply with the NOV. On June 1, 2022, RIDEM filed a complaint in Superior Court against Defendant asking the Court to order Defendant to comply with the NOV. View the Complaint.

Superior Court Actions Settled or Resolved:

None settled or resolved this month.