§ 23-19.1-1. Short title. This chapter shall be known and may be cited as the “Hazardous Waste Management Act”. History of Section.P.L. 1978, ch. 229, § 1; G.L. 1956, § 23-46.2-1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-19.1-1.
§ 23-19.1-10. Permits — Issuance — Renewal — Revocation — Exempted activities. (a) After the rules and regulations required to be promulgated under this chapter take effect, no person shall construct, substantially alter, or operate any hazardous waste management facility, nor shall any person store, transport, treat, or dispose of any hazardous waste, except as […]
§ 23-19.1-10.1. Criteria for permits. The director shall only grant permits to hazardous waste management facilities upon a showing that the facilities are required to manage hazardous waste generated in the state. History of Section.P.L. 1982, ch. 197, § 3.
§ 23-19.1-10.2. Criteria for licenses. The director shall only grant permits to hazardous waste management facilities upon a showing that the facilities are required to manage hazardous waste generated in the state. History of Section.P.L. 1982, ch. 197, § 3.
§ 23-19.1-10.3. Emergency and temporary permits. (a) The director is authorized to issue emergency permits for the storage, transportation, treatment, or disposal of hazardous waste when the director finds that a situation, if not immediately remediated, presents an imminent hazard to the public health or safety, or to the environment. (b) The director is authorized […]
§ 23-19.1-11. Permits — Variances. (a) Where the application for or compliance with any permit required under this chapter would, in the judgment of the director, and upon presentation by the applicant of adequate proof, cause undue or unreasonable hardship to any person, and that a variance would not be contrary to the public health […]
§ 23-19.1-11.1. Ground water resources. No hazardous waste, including septic waste, shall be disposed of in an area overlying an actual, planned, or potential underground drinking water source as described on the ground water maps of the U.S. geological survey and the Rhode Island water resources board, providing the underground drinking water source has been […]
§ 23-19.1-12. Inspections — Penalty for hindering entry. (a) For the purposes of enforcing this chapter or any rule or regulation issued pursuant to this chapter, the director may: (1) Enter any hazardous waste management facility or any place that the director has reason to believe hazardous wastes are generated, stored, treated, or disposed of; […]
§ 23-19.1-13. Employment of experts and consultants to investigate permit applications. For the purpose of investigating and hearing any application for a permit or renewal of a permit required under this chapter, or in connection with proceedings under § 23-19.1-10(e), the director may employ official stenographers, engineers, chemists, accountants, legal counsel, or experts, and may […]
§ 23-19.1-14. Permit fees — Expenses of investigation and hearing. (a) The director may establish reasonable application and renewal fees for permits issued under this chapter to be not less than one hundred dollars ($100) for any vehicle, or to be not less than one thousand dollars ($1,000) for any hazardous waste management facility. (b) […]
§ 23-19.1-15. Proceedings for enforcement. The superior court for Providence county shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either the director or by the attorney […]
§ 23-19.1-16. Emergency powers. Notwithstanding any other provision of this chapter, the director, upon finding that the storage, transportation, treatment, or disposal of any hazardous waste, or any other activity with respect to the wastes, presents an imminent hazard to the public health and safety, or to the environment, may, without prior notice or hearing, […]
§ 23-19.1-17. Civil penalty for violations. Any person who shall violate the provisions of this chapter, or of any rule, regulation, or order issued pursuant to this chapter, shall be subject to a civil penalty, of not more than twenty-five thousand dollars ($25,000). In the case of a continuing violation, each day’s continuance of the […]
§ 23-19.1-17.1. Seizure and forfeiture of property used to violate chapter. (a) It shall be unlawful to willfully, knowingly, and intentionally use, or possess with the intention to so use, any aircraft, vehicle, vessel, draft animal, or other property to transport or dispose hazardous waste in violation of this chapter. Any property used this way […]
§ 23-19.1-17.2. Sampling and disposition of hazardous waste. Hazardous waste which has been seized or which is in the possession of law enforcement authorities and which may be used in a criminal prosecution may be destroyed or disposed of as provided in this section: (1) There shall be kept a full and complete record of […]
§ 23-19.1-18. Criminal penalties — Payment of restoration costs. (a) Unless otherwise specified, any person who shall refuse to obey or who shall knowingly violate, or reasonably should know that he or she is violating, the provisions of an order issued by the director under the provisions of this chapter or any rules or regulations […]
§ 23-19.1-18.1. Determination of restoration costs — Judgment — Other relief not precluded. (a) In any case where the court is of the opinion that the sentence should consist of or include the amount of the cost of restoring to its original state the area where hazardous wastes were stored, treated, or disposed of in […]
§ 23-19.1-18.2. Limitation of prosecutions. No person shall be convicted of any offense for any violation of this chapter or any rule or regulation of the department, unless the complaint or warrant for the violation shall have been issued within seven (7) years from the time that the facts constituting the offense or violation shall […]
§ 23-19.1-18.3. Prohibiting business due to conviction of certain acts. Any person, firm, or corporation engaged in the business of collecting and/or disposing of hazardous waste, which has been convicted of violating any statute relating to bribery, fraud, or bid-rigging in this state or in any other state in this country, shall for a period […]
§ 23-19.1-19. Interstate cooperation. The Rhode Island general assembly encourages cooperative activities by the department with other states for the improved management of hazardous wastes; for improved, and so far as is practicable, uniform state laws relating to hazardous waste management; and compacts between this and other states for the improved management of hazardous wastes. […]
