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Section 23-23-29.3. – Non-road diesel engine idling.

§ 23-23-29.3. Non-road diesel engine idling. On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of non-road diesel engines. So far as is reasonably feasible, the rules shall provide that no entity shall cause, suffer, allow or permit the unnecessary idling of a non-road […]

Section 23-23-29.4. – Sources of diesel pollution.

§ 23-23-29.4. Sources of diesel pollution. On or before January 1, 2007, the department shall identify sources of diesel pollution in Rhode Island and strategies for reducing pollution from identified sources and report the findings to the governor and general assembly. History of Section.P.L. 2006, ch. 557, § 1.

Section 23-23-29.5. – Enforcement.

§ 23-23-29.5. Enforcement. The responsibility and jurisdiction for enforcement of §§ 23-23-29.1 — 23-23-29.4 shall be with state and local law enforcement authorities, including, but not limited to, state and local police and parking enforcement personnel, the Rhode Island department of environmental management and the Rhode Island division of motor vehicles. History of Section.P.L. 2006, […]

Section 23-23-3. – Definitions.

§ 23-23-3. Definitions. As used in this chapter, the following terms shall, where the 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 […]

Section 23-23-30. – Stage II vapor recovery systems.

§ 23-23-30. Stage II vapor recovery systems. (a) For the purposes of this section, “stage II vapor collection and control system” means a system which collects gasoline vapors displaced from motor vehicle gasoline tanks during refueling and which routes the vapors to a stationary storage tank. (b) Notwithstanding the provisions of § 23-23-5: (1) A […]

Section 23-23-31. – Dust control at extractive industries.

§ 23-23-31. Dust control at extractive industries. This section applies to all extractive industries, as that term is defined in § 45-24-31(25), that are located within one thousand five hundred feet (1,500′) of any occupied dwelling structure from the location of the piles of material defined in § 23-23-3(8). (1) Manufactured, unwashed sand shall not […]

Section 23-23-4. – Administration — Agency for federal acts.

§ 23-23-4. Administration — Agency for federal acts. (a) It shall be the responsibility of the director of environmental management to administer this chapter. Within the department of environmental management, the director may employ personnel who shall come within the classified service in accordance with the laws of this state for the purposes of this […]

Section 23-23-5. – Powers and duties of the director.

§ 23-23-5. 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 exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this […]

Section 23-23-5.1. – Funds created.

§ 23-23-5.1. Funds created. (a) There is established a general revenue reserve account within the general fund to finance the state clean air program. The sums the director collects pursuant to the civil penalties, administrative penalties, criminal penalties, and all sums and fees collected pursuant to all aspects of the air pollution program except operating […]

Section 23-23-5.2. – Mandamus.

§ 23-23-5.2. Mandamus. In the event that the director shall fail to issue the permit or deny the license then the applicant or other interested person may petition the superior court to issue its writ of mandamus ordering the director or some suitable person to immediately issue the license or denial. History of Section.P.L. 1992, […]

Section 23-23-5.3. – Advisory commission created.

§ 23-23-5.3. Advisory commission created. (a) There is created an operating permits advisory commission. The advisory commission shall consist of the director of the department of environmental management, or his or her designee, and six (6) additional members who shall be appointed as follows: three (3) members by the governor, two (2) of whom shall […]

Section 23-23-7. – Subpoena of witnesses — Enforcement.

§ 23-23-7. Subpoena of witnesses — Enforcement. All subpoenas shall be served as subpoenas in civil cases in the superior court, and witnesses subpoenaed shall be entitled to the same fees for attendance and travel as are provided witnesses in civil cases in the superior court. In cases of contumacy or refusal to obey the […]

Section 23-23-8. – Investigations — Orders.

§ 23-23-8. Investigations — Orders. (a) If any person is causing air pollution and if after investigation and hearing the director shall so find, he or she may enter an order directing that person to adopt or to use, or to operate properly, some practicable and reasonably available control system or device or means to […]

Section 23-23-9. – Operation of approved system as sufficient compliance.

§ 23-23-9. Operation of approved system as sufficient compliance. Any person who shall adopt or use and who shall properly operate a system or means to prevent air pollution in compliance with an order of the director shall, as long as the approval or order remains unrevoked or unmodified, be deemed to have complied with […]