Section 23-23-1. – Short title.
§ 23-23-1. Short title. This chapter shall be known and may be cited as the “Clean Air Act”. History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § 23-25-1; P.L. 1979, ch. 39, § 1.
Section 23-23-10. – Prosecution of violations — Relief in equity or by prerogative writ.
§ 23-23-10. Prosecution of violations — Relief in equity or by prerogative writ. (a) All prosecutions for criminal violations of any of the provisions of this chapter or any of the rules and regulations shall be by information or indictment and shall be commenced in the superior courts of the state. The director, without being […]
Section 23-23-11. – Violation required for criminal conviction.
§ 23-23-11. Violation required for criminal conviction. No person shall be convicted or found liable in any criminal prosecution or at any other proceeding brought by or in behalf of the state, the director or the public to enjoin, suppress, prohibit, or punish air pollution unless he or she knowingly violated a rule or regulation […]
Section 23-23-12. – Tests.
§ 23-23-12. Tests. Whenever the director has reason to believe that emission is occurring in excess of that permitted under any rule, regulation, or order made under this chapter, the director may, without hearing, conduct tests to determine the emission of air contaminants from premises, buildings, or other places belonging to or controlled by any […]
Section 23-23-12.1. – Repealed.
§ 23-23-12.1. Repealed.
Section 23-23-12.2. – Repealed.
§ 23-23-12.2. Repealed.
Section 23-23-13. – Plans and records.
§ 23-23-13. Plans and records. Upon request of the director, any person owning or operating a source of air pollution which has the potential to emit any air contaminant, or any person owning or operating a source of air pollution which the director has reason to believe is emitting any extremely toxic air contaminant, that […]
Section 23-23-14. – Penalties.
§ 23-23-14. Penalties. (a) Any person who shall violate an order of the director or any rule, regulation, or other program requirement, or permit, or approval, or any of the prohibitions of this chapter shall be punished by an administrative or civil penalty of not more than ten thousand dollars ($10,000) and every person shall […]
Section 23-23-15. – Variances.
§ 23-23-15. Variances. (a) Upon application and after a hearing, the director may suspend the enforcement of the whole or any part of this chapter or of any rule or regulation promulgated under this chapter in the case of any person who shall show that the enforcement of this chapter would constitute undue hardship on […]
Section 23-23-16. – Emergencies.
§ 23-23-16. Emergencies. Notwithstanding the provisions of this chapter or any other provisions of this law, if the director of environmental management finds or has cause to believe or is notified by the director of health that any person is violating any provision of this chapter or any rule or regulation or any order made […]
Section 23-23-17. – Promulgation of rules.
§ 23-23-17. Promulgation of rules. Except as provided in this chapter, in establishing any rule or regulation in the conduct of proceedings and in the taking of appeals from any order of the director, the provisions of chapter 35 of title 42 shall apply. History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § […]
Section 23-23-18. – Regulation of burning in open fires.
§ 23-23-18. Regulation of burning in open fires. (a) The director may, by rule or regulation, prohibit the burning of any material in an open fire by any person on premises operated as a public or semi-public refuse disposal facility or at other central refuse disposal sites. The director may also prohibit the burning of […]
Section 23-23-19 – — 23-23-21. Repealed.
§ 23-23-19 — 23-23-21. Repealed.
Section 23-23-2. – Declaration of policy.
§ 23-23-2. Declaration of policy. It is declared to be the public policy in the state of Rhode Island to preserve, protect, and improve the air resources of the state to promote the public health, welfare, and safety, to prevent injury or detriment to human, plant, and animal life, physical property and other resources, and […]
Section 23-23-22. – Severability.
§ 23-23-22. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to […]
Section 23-23-23. – Temporary pay reductions prohibited.
§ 23-23-23. Temporary pay reductions prohibited. No owner or operator of any source which uses a supplemental or intermittent air pollution control system or device for the purpose of meeting the requirements of an order entered by the director pursuant to § 23-23-8 or 23-23-15 of this chapter, shall, temporarily, reduce the pay of any […]
Section 23-23-24 – — 23-23-27. Repealed.
§ 23-23-24 — 23-23-27. Repealed.
Section 23-23-28. – Auxiliary monitors.
§ 23-23-28. Auxiliary monitors. Any town or city may appoint an air pollution auxiliary monitor from among its full time employees provided that the employee must possess the education and experience required of the state, division of personnel class title “environmental quality technician”. The auxiliary monitor shall not be entitled to any additional compensation from […]
Section 23-23-29.1. – Findings of fact.
§ 23-23-29.1. Findings of fact. The general assembly hereby finds as follows: (1) Motor vehicle exhaust is the largest source of air pollution in Rhode Island, and idling vehicles emit higher concentrations of harmful pollutants than moving vehicles; (2) Vehicle exhaust is hazardous to human health. Studies have linked pollution from vehicles to increased rates […]
Section 23-23-29.2. – Diesel motor vehicle engine idling.
§ 23-23-29.2. Diesel motor vehicle engine idling. On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of diesel motor vehicle engines. The rules shall be generally consistent with similar restrictions established by law or regulation in Massachusetts and Connecticut and shall provide that no […]