Section 23-23.1-1. – Short title.

§ 23-23.1-1. Short title. This chapter shall be known and may be cited as the “Air Pollution Episode Control Act”. History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-1; P.L. 1979, ch. 39, § 1.

Section 23-23.1-10. – Hearings.

§ 23-23.1-10. Hearings. Any aggrieved person, firm, or corporation or other entity upon application to the director shall be granted a public hearing on the question of whether or not the continuance of any order in whole or in part is unreasonable in the light of the then prevailing conditions of air pollution, the contribution […]

Section 23-23.1-11. – Promulgation of standby orders.

§ 23-23.1-11. Promulgation of standby orders. The director shall promulgate a set of proposed standby orders which might be appropriate for use by the governor upon declaration of the episode contemplated by this chapter. The standby control proposals, when approved by the governor, shall be distributed to the appropriate agencies and to all commercial and […]

Section 23-23.1-2. – Declaration of policy.

§ 23-23.1-2. Declaration of policy. The legislature finds and declares that air pollution may, at certain times and in certain places, so seriously affect the health, safety, and welfare of the people and resources of this state and so directly threaten the lives of large portions of the population as to warrant the provision of […]

Section 23-23.1-3. – Definitions.

§ 23-23.1-3. Definitions. As used in this chapter, the following terms shall, where context permits, be construed as follows: (1) “Air contaminant” means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor, odor, toxic, or radioactive material, particulate matter, or any combination of these. (2) “Air pollution” means presence in the outdoor atmosphere of […]

Section 23-23.1-4. – Powers and duties of the director.

§ 23-23.1-4. Powers and duties of the director. In addition to the other powers and duties granted in this chapter, the director shall have and may exercise the following powers and duties: (1) To make, issue, and amend rules and regulations consistent with the provisions of this chapter. (2) To require prior submission and approval […]

Section 23-23.1-5. – Proclamation of episode and issuance of orders.

§ 23-23.1-5. Proclamation of episode and issuance of orders. If the director determines at any time that air pollution, in any place or area in the state, constitutes an unreasonable and emergency risk to the health of those present within that area of the state, that determination shall be communicated in writing, with the factual […]

Section 23-23.1-6. – Publication of proclamation.

§ 23-23.1-6. Publication of proclamation. The declaration by proclamation of the governor of an air pollution episode and any order issued by the governor pursuant to that declaration shall be given maximum publicity throughout the state. History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-6; P.L. 1979, ch. 39, § 1.

Section 23-23.1-7. – Amendment of orders.

§ 23-23.1-7. Amendment of orders. Any gubernatorial order may be amended or modified by further gubernatorial orders. That order or orders shall not require any judicial or other order or confirmation of any type in order to become immediately effective as the legal obligation of all persons, firms, corporations, and other entities within the state. […]

Section 23-23.1-8. – Enforcement of orders.

§ 23-23.1-8. Enforcement of orders. (a) The orders of the governor shall be enforced by the department of environmental management, the state council of defense, state and local police, and air pollution enforcement personnel forces. Those enforcing any governor’s order shall require no further authority or warrant in executing it than the issuance of the […]

Section 23-23.1-9. – Penalty for violations.

§ 23-23.1-9. Penalty for violations. Any person who violates any order of the governor or knowingly fails to comply with the directions of those authorized to enforce this chapter or knowingly interferes with the enforcement of the order or directions shall be punished by a fine of not more than five hundred dollars ($500) or […]