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Section 46-12-1. – Definitions.

§ 46-12-1. Definitions. As used in this chapter the following terms shall, where the context permits, be construed as follows: (1) “Boat” means any vessel or water craft whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable […]

Section 46-12-10. – Emergency powers.

§ 46-12-10. Emergency powers. Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where that endangerment is, to the livelihood of those persons, or to […]

Section 46-12-11. – Service of orders.

§ 46-12-11. Service of orders. A copy of each order entered by the director shall be sent to the person or persons affected thereby by certified or registered mail, return receipt requested, by personal service, or by any other form of service now or hereafter authorized in a civil action under the laws of the […]

Section 46-12-12. – Modification or revocation of order.

§ 46-12-12. Modification or revocation of order. Any order of the director may at any time, or from time to time, after at least twenty (20) days’ notice in writing to the person or persons affected thereby, and after a hearing, if so requested by the affected person or persons, be modified or revoked by […]

Section 46-12-13. – Civil penalties.

§ 46-12-13. Civil penalties. Except as specified in §§ 46-12-26 and 46-12-27, any person who shall violate the provisions of this chapter, or of any permit, rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day during which the violation […]

Section 46-12-14. – Criminal penalties.

§ 46-12-14. Criminal penalties. (a) Except as specified in §§ 46-12-26 and 46-12-27, any person who shall be found guilty of violating, willfully or with criminal negligence, any of the provisions of this chapter, or of any permit, rule, or regulation issued pursuant thereto, or an order of the director, shall be punished by a […]

Section 46-12-15. – Inspection powers — Rules and regulations.

§ 46-12-15. Inspection powers — Rules and regulations. The director shall have full powers to inspect, and make orders regulating and directing all methods, means, and devices employed on any steamer or other vessel in the waters of the state, or at any installation on land, in receiving, carrying, storing, heating, handling or discharging any […]

Section 46-12-16. – Prosecution of violations.

§ 46-12-16. Prosecution of violations. The director, without being required to enter into any recognizance or to give surety for costs, may institute civil or criminal proceedings for the violation of any provision of this chapter or of any permit, rule, regulation, or order issued pursuant thereto. It shall be the duty of the attorney […]

Section 46-12-17. – Proceedings for enforcement.

§ 46-12-17. Proceedings for enforcement. The superior court for Providence County shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, permit, or order issued pursuant thereto. Proceedings for enforcement may be instituted and prosecuted in the name of the director, by either the director or by the attorney general, […]

Section 46-12-18. – Records of operation.

§ 46-12-18. Records of operation. The director may, by regulation, order, permit, or otherwise, require any person who discharges to the waters or who discharges to a publicly owned treatment works to: (1) Establish and maintain such records; (2) Make such reports; (3) Install, calibrate, use, and maintain such monitoring equipment or methods (including where […]

Section 46-12-19. – Public access to information.

§ 46-12-19. Public access to information. (a) Any permit, permit application, or effluent data shall be available to the public for inspection and copying. (b) Other records, reports, or information obtained under this chapter also may be made available to the public for inspection and copying; provided, that upon a showing, satisfactory to the director […]

Section 46-12-2. – Administration.

§ 46-12-2. Administration. (a) It shall be the responsibility of the director of the department 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 chapter, and […]

Section 46-12-20. – Rules — Proceedings.

§ 46-12-20. Rules — Proceedings. In establishing any rule or regulation hereunder or in the conduct of proceedings or in any appeal from an order of the director provided for by this chapter, the provisions of chapter 35 of title 42 shall apply. History of Section.P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, […]

Section 46-12-21. – Liability.

§ 46-12-21. Liability. Any person who shall negligently or intentionally pollute groundwater shall be liable to any other person who is damaged by that pollution. History of Section.P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, § 16; G.L. 1938, ch. 634, § 16; G.L. 1956, § 46-12-30; P.L. 1983, ch. 149, § 1.

Section 46-12-22. – Access of enforcement officers to premises.

§ 46-12-22. Access of enforcement officers to premises. The attorney general, the director of the department of environmental management, and their agents, while in the performance of their duties, may at all reasonable times enter any premises, buildings, plant, or equipment, or other places belonging to, or controlled by, any person who is believed to […]

Section 46-12-23. – Town and city expenditures for pollution control.

§ 46-12-23. Town and city expenditures for pollution control. The town council of every town and city council of every city are hereby authorized to make available sufficient money to pay for the proper control of the pollution of waters in their respective towns or cities, and the towns and cities may raise the money […]

Section 46-12-24.2. – Rhode Island Clean Water Act environmental trust fund.

§ 46-12-24.2. Rhode Island Clean Water Act environmental trust fund. (a) Findings. (1) Protecting the ground and surface water of the state from pollution is vital to the health and general welfare of the citizens of the state; (2) Construction, rehabilitation, and maintenance of modern and efficient waste water treatment systems and facilities is essential […]