§ 46-12.5.1-1. Definitions. As used in this chapter these terms shall, where the context permits, be construed to mean: (1) “Containment and cleanup” includes all direct and indirect efforts associated with the prevention, abatement, containment, or removal of a pollutant, the restoration of the environment to its former state, and all incidental administrative costs; (2) […]
§ 46-12.5.1-10. Criminal penalties. (a) Except as provided in subsection (c), a person who willfully or with criminal negligence violates a provision of this chapter, or of a rule or regulation promulgated under this chapter or order of the director issued under this chapter shall be punished by a fine of not more than twenty-five […]
§ 46-12.5.1-11. Emergency powers. The director shall have all emergency powers and procedures set forth in § 46-12-10. History of Section.P.L. 1997, ch. 32, § 2.
§ 46-12.5.1-12. Notices of violations and compliance orders. (a) The director shall follow the procedures provided in § 42-17.1-2(21) in issuing any notice of violation or compliance order authorized pursuant to this chapter or any rules, regulations, or permits promulgated thereunder. (b) Where an order of the director does not otherwise specify, the person against […]
§ 46-12.5.1-13. Remedies cumulative. All remedies provided by this chapter or chapter 12.7 of this title are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter or chapter 12.6 or 12.7 of this title does not stop the state or any person from obtaining relief under any […]
§ 46-12.5.1-14. Oil discharge cleanup personnel, equipment, expenses. In the absence of an alternative, the department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies which may be required to carry out this chapter. Contracts under this section are governed by chapter 2 […]
§ 46-12.5.1-15. Compacts authorized. The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter. History of Section.P.L. 1997, ch. 32, § 2.
§ 46-12.5.1-2. Powers and duties of the director. (a) In addition to the other powers granted the director of the department of environmental management, the director shall have and may exercise these powers and duties: (1) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders […]
§ 46-12.5.1-3. Prohibition against oil pollution. (a) No person shall discharge, cause to be discharged, or permit the discharge of oil into, or upon the waters or land of the state except by regulation or by permit from the director. (b) Any person who violates any provision of this chapter or any rule or regulation […]
§ 46-12.5.1-4. Ballast water discharge. (a) Except as provided in subsection (b) of this section, no person shall cause or permit the discharge of contaminated ballast water from a vessel into the water of the state. (b) The master of a vessel may discharge contaminated ballast water from a vessel only if it is necessary […]
§ 46-12.5.1-5. Discharge reporting. A person in charge of a facility, operation or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of this chapter shall, in a timely fashion, notify the department of the discharge. History of Section.P.L. 1997, ch. 32, § 2.
§ 46-12.5.1-6. Civil penalties for discharge of oil. (a) The legislature finds that: (1) Oil is important as an energy source to the people of the state; however, the discharge of oil in any quantity may have a substantial permanent or negative impact on the public health and environment and the economy of this state […]
§ 46-12.5.1-7. Damages. (a) In addition to penalties established in this chapter, any person who violates or causes or permits to be violated a provision of this chapter or rule, regulation, or order pursuant thereto, shall be strictly liable to the state for these costs and expenses: (1) Compensation for any adverse environmental effects caused […]
§ 46-12.5.1-8. Reimbursement for cleanup expenses — Deposit of money. (a) The department shall promptly seek reimbursement under this chapter or from an applicable federal fund, for the expenses it incurs in the cleanup, containment, or abatement of a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a […]
§ 46-12.5.1-9. Proceedings for enforcement. The superior court shall have the jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant thereto. Proceedings for enforcement may be instituted by the attorney general or the director, and in any proceedings in which the attorney general or the director seeks injunctive […]
