§ 42-17.8-1. Purpose. (a) The Rhode Island general assembly hereby finds that voluntary, public compliance with environmental laws, rules and regulations is a principal component in effectively protecting the environment of the state; and that voluntary compliance is most effectively achieved through the implementation of regular, systematic and objective self-evaluative activities such as environmental audits […]
§ 42-17.8-2. Definitions. As used in this chapter: (1) “Administrative penalty” means a monetary penalty that does not exceed the civil penalty specified by statute. (2) “Department” means the department of environmental management. (3) “Director” means the director of the department of environmental management or his or her duly authorized agent. (4) “Due diligence” means […]
§ 42-17.8-3. Compliance incentives. Subject to the exceptions set forth in § 42-17.8-4, when a regulated entity establishes that it has satisfied all of the conditions set forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7 and has thoroughly and timely complied with any agreement or consent order entered into with the department to resolve the violations […]
§ 42-17.8-4. Exceptions. No regulated entity shall be entitled to avail itself of the compliance incentives set forth in § 42-17.8-3 where: (1) The regulated entity fails to comply with the conditions set forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7; (2) The regulated entity’s conduct and/or violations demonstrate a willful or knowing or reckless disregard […]
§ 42-17.8-5. Discovery of environmental noncompliance. In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity’s discovery of violations must: (1) Be followed by submission to the department of an accurate and complete documentation regarding how it exercises due diligence to prevent, detect and correct violations according to the […]
§ 42-17.8-6. Disclosure of noncompliance. In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must fully disclose the violations discovered in accordance with the following: (1) Each specific violation shall be disclosed, in writing, within fifteen (15) days (or such shorter period provided by law) of discovery. The […]
§ 42-17.8-7. Compliance, remediation and mitigation of violations. (a) In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must correct the violation within sixty (60) days from the date said violation was reported to the department, certify in writing that the violations have been corrected, and take appropriate […]
§ 42-17.8-8. Applicability. This chapter shall apply to the assessment of penalties for any violations under all federal and state environmental statutes which the department administers. History of Section.P.L. 1997, ch. 196, § 1.
