R.I. Gen. Laws § 46-2-14 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-14
§ 46-2-14. Filing of plat and certificate  Notice to owners.
Status: in_force

The city or town, taking any property, estate, or right of property under the provisions of §§ 46-2-12  46-2-26, shall first cause a plat with a description thereof to be made, which, with a certificate of the taking of the same, shall contain a list of the owners thereof and of the persons interested therein, so far as the same may be known to the town or city taking the same, and which shall be filed in the office of the clerk of the superior court for the county where the property or estate is located; and upon the filing of the certificate, the taking shall thereupon become forthwith effective and the clerk shall forthwith issue a notice to the several persons named therein which shall contain the substance of the certificate, and also a notice of a time and place when the persons may appear in the court and be heard in reference to the question of the damages sustained by reason of the taking; and the clerk shall, for four (4) successive weeks thereafter, cause to be advertised in each issue of some newspaper published in the county a copy of the notice, requiring all persons interested in the premises to appear at said time and place, if they see fit, to be heard in the premises. The personal notice upon known parties shall be served as soon as may be, and at least twenty (20) days before the time of the hearing, by some officer authorized to serve process or by some disinterested person.
R.I. Gen. Laws § 46-25-50 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-50
§ 46-25-50. Authority to borrow in anticipation of user fees or state or federal funds.
Status: in_force

Pursuant to the provisions of this chapter, the commission is hereby authorized and empowered, with the approval of the governor, to borrow in anticipation of the receipt of user fees or state or federal funds.
R.I. Gen. Laws § 46-23-18 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-18
§ 46-23-18. Prohibited activities.
Status: in_force

(a) No person, either as principal, agent or servant nor any firm, corporation, or any other entity shall, without a permit issued by the coastal resources management council, construct a marina within two thousand feet (2000²) of a shellfish management area as defined by rules and regulations of the department of environmental management. Such permit shall include any permit required under subsection (b).

(b) No person, either as principal, agent, or servant, or any firm, corporation or any other entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, transportation and/or disposal of dredge materials without a permit issued by the coastal resources management council, a water quality certification issued by the department of environmental management pursuant to chapter 12 of this title and any permit required by the army corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm, corporation or any other entity, shall dispose of dredge materials other than in tidal waters without any permit, approval or certification that may otherwise be required.
R.I. Gen. Laws § 46-25-68 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-68
§ 46-25-68. Inconsistent provisions.
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law or ordinance, general, special or local, the provisions of this chapter shall be controlling.
R.I. Gen. Laws § 46-9-32 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-32
§ 46-9-32. Quarters and personnel for commission.
Status: in_force

The director of the department of environmental management shall provide the commission with quarters for its activities and shall furnish the commission with secretarial and other personnel as shall be required by the commission.
R.I. Gen. Laws § 46-13-4 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-4
§ 46-13-4. Approval of new water sources and treatment works required.
Status: in_force

No source of water shall hereafter be developed for a public water supply system until a site plan has been approved by the director, and no public water supply system shall hereafter be constructed or substantially altered until the plans and specifications for the system have been approved by the director. Plans and specifications submitted shall be prepared by an engineer registered in the state of Rhode Island.
R.I. Gen. Laws § 46-3-3 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-3
§ 46-3-3. Municipality defined.
Status: in_force

The word municipality as used in this chapter means a city or town, as the case may be.
R.I. Gen. Laws § 46-16-1.1 — RI Code / Title 46 / Chapter 46-16 / Section 46-16-1.1
§ 46-16-1.1. Reaffirmation of support.
Status: in_force

This state reaffirms its support of the cooperative approach to the abatement and control of water pollution as embodied in the New England Interstate Water Pollution Control Compact. In view of the increases in population concentrations, the growing need of industry and agriculture for water of reasonable quality, and the quality requirements of water based recreation and other uses, the New England interstate water pollution control commission shall develop and maintain its programs, including research on water quality problems, at such levels, including, to the extent necessary, levels above those originally provided when this state first enacted the compact, as may be appropriate.
R.I. Gen. Laws § 46-22-16 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-16
§ 46-22-16. Boat manufacturers and dealers.
Status: in_force

The director is authorized to promulgate regulations governing the issuance of fourteen (14) day temporary numbers to be used by qualified manufacturers or dealers in transporting or demonstrating motorboats. The director may set rules qualifying dealers and manufacturers.
R.I. Gen. Laws § 46-8-1 — RI Code / Title 46 / Chapter 46-8 / Section 46-8-1
§ 46-8-1. Definitions.
Status: in_force

When used in this chapter, the following words and phrases shall be construed as follows:

(1) Licensing authority means the department of environmental management.

(2) Outboard motor means any marine motor not permanently fastened to a boat so as to be an integral part of the boat and/or any marine motor which is portable.

(3) Territorial limits has the same meaning as defined in § 42-1-1.
R.I. Gen. Laws § 46-6-6 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-6
§ 46-6-6. Protection of upper Narragansett Bay.
Status: in_force

No person shall deposit any mud, earth, sand, gravel, ashes, cinders, or other substances in the main channel of Providence River leading to the city of Providence, or in any part of the river or of Warren River or of Narragansett Bay lying east of the main channel and north of a line drawn east and west across the channel, and from the easterly line thereof to the eastern shore of the bay in the range of the lower buoy off Rumstick Point, or in the waters of Narragansett Bay within one mile of the shores of Bristol County or Hog Island; but this section shall not be so construed as to prevent the planting of oysters within the lines, or waters, or the property fitting the grounds under the waters for planting oysters thereon, or the construction of any wharf from the shores of the bay which may have been authorized by the general assembly. Every person violating any provision of this section shall be fined one hundred dollars ($100).
R.I. Gen. Laws § 46-25-15 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-15
§ 46-25-15. Cooperation with federal government.
Status: in_force

(a) The commission shall have full and complete authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the project in the event that the federal government should make any federal funds or federal assistance available therefor.

(b) The commission, or any officers or executives designated by it, may act as an agent of the federal government in accordance with the requirements of any federal legislation related to that federal assistance.

(c) The commission is hereby authorized to accept the provisions of any federal legislation related to federal assistance, and may file written evidence of each acceptance with the federal government. Each acceptance shall be duly signed by the chairperson or such other person or persons as the commission may designate.

(d) The commission may enter into all necessary contracts and agreements with the federal or state governments, or any agency thereof, necessary or incident to the project, and all the contracts and agreements shall be signed in the name of the commission by the chairperson or some other person or persons designated by the commission.
R.I. Gen. Laws § 46-30-6 — RI Code / Title 46 / Chapter 46-30 / Section 46-30-6
§ 46-30-6. Liberal construction.
Status: in_force

The provisions of this chapter shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to any agency by the provisions hereof, the statement thereof shall not be deemed to exclude or impair any power otherwise in this chapter conferred upon that agency.
R.I. Gen. Laws § 46-10-22 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-22
§ 46-10-22. Amounts due parties other than director  Appeal.
Status: in_force

No owner or other person interested in any property wrecked on Block Island shall be held to pay to any person other than the director of the department of environmental management any charge for services or expenses in taking or securing the property, unless it be for property taken or secured before the arrival of the director; in which case the director shall upon due hearing of all parties interested, determine the compensation to be received as aforesaid, and any party dissatisfied with the award of the director may obtain a judicial review under the provisions of chapter 35 of title 42.
R.I. Gen. Laws § 46-32-2 — RI Code / Title 46 / Chapter 46-32 / Section 46-32-2
§ 46-32-2. Interim drinking water standard and testing requirements.
Status: in_force

(a) As used in this chapter, PFAS contaminants means perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).

(b) On or before July 1, 2023, all public water supply systems in the state as defined by § 46-13-2, except transient, non-community water systems as defined by the department of health in 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:

(1) If monitoring results detect the presence of any PFAS contaminants individually or in combination in excess of the interim drinking water standard level of twenty parts per trillion (20 ppt), the public water supply system shall conduct continued quarterly monitoring.

(2) If monitoring results detect the presence of any PFAS contaminants individually or in combination at a level equal to or below the interim drinking water standard level of twenty parts per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.

(3) If monitoring results do not detect the presence of any PFAS contaminants, the public water supply system shall conduct continued monitoring every two (2) years.

(c) If monitoring results under subsection (b) of this section confirm the presence of any PFAS contaminants individually or in combination in excess of the interim drinking water standard level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a manner consistent with applicable regulations governing synthetic organic contaminants, including but not limited to, requiring a confirmation sample, prior to directing the public water supply system to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the public water supply system below the interim drinking water standard level.

(d) If the PFAs contaminants exceed the interim drinking water standard, the department shall, within one hundred eighty (180) days of being notified of the exceedance, draft and enter into a consent agreement with a public water supply system requiring dates for submittal of construction plans and specifications, prepared and stamped by a professional engineer registered in accordance with the provisions of chapter 8 of title 5, to the department of health, to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the public water supply system to at or below the interim drinking water standard level. If the department has not approved a consent agreement within one hundred eighty (180) days, the director of the department will take any and all action necessary to obtain compliance in accordance with subsection (e) of this section.

(e) The director of the department of health is authorized to enforce the requirements of this chapter in accordance with the provisions of chapter 13 of this title and violations will be subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions of chapter 35 of title 42 (the administrative procedures act).
R.I. Gen. Laws § 46-5-9 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-9
§ 46-5-9. Construction of port facilities  Rates for services.
Status: in_force

The director of the department of environmental management may, after the acquirement by the state of any property, tide-flowed lands, flats, terms, easements, privileges, littoral, and riparian rights of any owner or owners, either by purchase or by process of law, proceed to fill, improve, reclaim, and use any or all of the lands, may build and construct wharves, piers, bulkheads, slips, docks, and basins, and dredge, improve, and deepen the channels and approaches thereto, and for these purposes may request the division of purchases to make contracts for the filling and improvement of the property and lands and for the construction of the wharves, piers, bulkheads, slips, docks, and basins, and may, from time to time, employ such persons as may be necessary in the work of filling and improving the property and land, and the construction, repair, and maintenance of the improvements and structure thereof, and when any wharves, piers, bulkheads, slips, docks, and basins shall have been completed by the director under the provisions of this chapter and shall be open to the public use, the director may establish, publish, and regulate the rates and charges for the wharfage, cranage, and dockage of all vessels admitted thereto, and may alter such rates and charges from time to time as the necessities of trade shall require and authorize, and as to the director may seem proper.
R.I. Gen. Laws § 46-1-6 — RI Code / Title 46 / Chapter 46-1 / Section 46-1-6
§ 46-1-6. Annual report.
Status: in_force

The director of the department of environmental management shall make an annual report to the general assembly at its January session of the doings of the department during the preceding year, and shall recommend such further legislation as he or she may deem proper for the preservation and improvement of the harbors and public tidewaters and the promotion of the interests of the state connected therewith.
R.I. Gen. Laws § 46-23-7.2 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-7.2
§ 46-23-7.2. Proceedings for enforcement.
Status: in_force

The superior court shall have jurisdiction to enforce the provisions of this chapter, the coastal resource management program, or any rule, regulation, assent, or order issued pursuant thereto. Proceedings under this section may follow the course of equity, and shall be instituted and prosecuted in the name of and at the direction of the chairperson and council by the attorney general or counsel designated by the council. Proceedings provided in this section shall be in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized by this chapter.
R.I. Gen. Laws § 46-2-22 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-22
§ 46-2-22. Compliance with federal and local rules.
Status: in_force

The flood control project or projects shall be carried out and executed in all respects subject to the provisions of the appropriate federal law providing for the project, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, not inconsistent with the federal law, as the city or town may, with the approval of the governor, establish to ensure the proper execution of the project or projects.
R.I. Gen. Laws § 46-28-10 — RI Code / Title 46 / Chapter 46-28 / Section 46-28-10
§ 46-28-10. Administrative support and staffing.
Status: in_force

The water resources board shall be responsible for providing administrative support in carrying out the responsibilities charged to the Rhode Island rivers council; the water resources board, the department of environmental management, and the statewide planning program shall, as appropriate, provide the Rhode Island rivers council staff support as necessary to accomplish the purposes of this chapter.
R.I. Gen. Laws § 46-16-8 — RI Code / Title 46 / Chapter 46-16 / Section 46-16-8
§ 46-16-8. Water quality network.
Status: in_force

(a) The New England interstate water pollution control commission, hereinafter called the commission , in cooperation with this state and such other states signatory to the New England Interstate Water Pollution Control Compact as may participate, shall establish and maintain a water quality sampling and testing network. The network shall, to the fullest extent practicable, rely upon the sampling and testing programs of this state, the other participating states, and upon information available from agencies of the federal government, and shall not duplicate any of their activities. However, if the sampling and testing programs of this state and other states, and the information available from agencies of the federal government, are insufficient to provide the commission with records of water quality adequate for its needs, the commission may supplement the sampling and testing otherwise available to it.

(b) Sampling pursuant to this chapter shall be at points at or near the places where waters cross a boundary of this state, and the samples shall be tested in order to determine their quality. The sampling and testing provided for herein shall be scheduled by the commission or in accordance with its requests, and shall include such factors or elements as the commission shall request. Any sampling and testing done by the water pollution control agency of this state as part of the activities of the commissions network shall be reported fully and promptly by the agency to the commission, together with the results thereof.
R.I. Gen. Laws § 46-13-18 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-18
§ 46-13-18. Adoption of regulations.
Status: in_force

(a) The director is hereby authorized to adopt regulations consistent with the provisions of this chapter, the federal Safe Drinking Water Act, 42 U.S.C. §300f et seq., and the federal regulations adopted under that act. All new and existing public water supply systems subject to the provisions of this chapter must comply with the provisions of this chapter and with all the regulations adopted under this chapter in order to obtain and/or maintain approval by the director as a public water supply system. The director is further authorized to establish by regulation a schedule of fees for applications, approvals, and renewals required by this chapter.

(b)(1) Any community water system serving a population of ten thousand (10,000) or more shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. §300f et seq., to each household within the water systems service area that receives water from that system. The method of delivery shall be determined by the water system, but can include delivery via either:

(i) Postal patron mailing;

(ii) A community newsletter that is directly delivered to each household;

(iii) A community calendar that is directly delivered to each household; or

(iv) Any other method that will directly reach each household within the water systems service area that receives water from that system.

(2) In the event that within the service area there are buildings with five (5) or more residential units, the system will not be required to deliver directly to each of these units. Instead, the water system shall mail multiple copies of the report to the building manager or other appropriate individual, noting that the reports should be distributed to residents and/or posted in a common area. Additionally, colleges and universities will be exempted from this requirement but are still responsible for meeting all federal requirements.

(3) The department of health shall serve as the repository for all consumer confidence reports and shall direct inquiries for copies of the report to the appropriate water system in order to obtain a copy of the report.
R.I. Gen. Laws § 46-22-17.1 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-17.1
§ 46-22-17.1. Enforcement power of employees of the department of environmental management.
Status: in_force

(a) Employees of the department of environmental management, authorized to make arrests under the provisions of chapter 1 of title 20, shall, in connection with the enforcement of the provisions of this chapter, be deemed officers within the meaning of § 11-32-1 and shall have the power:

(1) To enforce all laws, rules, and regulations relating to this chapter;

(2) To execute all warrants and search warrants for the violation of laws, rules, and regulations relating to this chapter;

(3) To serve subpoenas issued for the trial of all offenses hereunder;

(4) To carry firearms or other weapons, concealed or otherwise, in the course of and in performance of their duties under this chapter; and

(5) To arrest, without warrant and on view, any person found violating any law, rule, or regulation relating to this chapter; take that person before a court having jurisdiction for trial; detain that person in custody at the expense of the state until arraignment; and to make and execute complaints within any district to the justice or clerk of the court against any person for any of the offenses enumerated under this chapter, committed within that district.

(b) Employees of the department of environmental management authorized to make arrests under the provisions of § 2-12-8, shall, in connection with the enforcement of the provisions of this chapter and the rules and regulations made thereunder, have the power to arrest without a warrant any person found in the act of violating any provision of this chapter, and shall not be required to give surety for costs upon any complaint made by him or her.
R.I. Gen. Laws § 46-4-6.1 — RI Code / Title 46 / Chapter 46-4 / Section 46-4-6.1
§ 46-4-6.1. Town of Barrington  Powers conferred.
Status: in_force

The provision of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Barrington authority shall also be granted to the town council of the town of Barrington to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.
R.I. Gen. Laws § 46-2-19 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-19
§ 46-2-19. Damages for riparian rights.
Status: in_force

If any land covered by tidewater is taken under §§ 46-2-12  46-2-26, then damages to the rights of every riparian owner and of every lessee of the land, if any, shall be awarded under the provisions hereof the same as for any other right of property.
R.I. Gen. Laws § 46-18-15 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-15
§ 46-18-15. Death of defendant pending action.
Status: in_force

If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending the suit, his or her death shall not abate the action, but the devisees or heirs at law may come into court within the period of forty (40) days next following the decease, and substitute their names as defendants instead of the deceased.
R.I. Gen. Laws § 46-10-25 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-25
§ 46-10-25. Sale of property to pay duties  Perishable property.
Status: in_force

The director of the department of environmental management may dispose of so much of the property by public auction, within thirty (30) days after taking the property into his or her custody, as shall be sufficient to pay all duties thereon which he or she shall have paid, or for which the director shall become liable, to the customhouse, and may dispose of any property which is of a perishable nature.
R.I. Gen. Laws § 46-23-18.4 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-18.4
§ 46-23-18.4. Enforcement.
Status: in_force

The provisions of §§ 46-23-18 through 46-23-18.3 shall be enforced by the coastal resources management council. Nothing herein shall be deemed to abrogate the department of environmental managements authority to enforce its water quality standards adopted pursuant to § 46-12-3(7) or (24).
R.I. Gen. Laws § 46-23-23 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-23
§ 46-23-23. Municipal comprehension plan consideration.
Status: in_force

The coastal resources management council shall conform to the requirements of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2.
R.I. Gen. Laws § 46-22-9.3 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-9.3
§ 46-22-9.3. Operating so as to endanger, resulting in death.
Status: in_force

(a) When the death of any person ensues as a proximate result of an injury received by the operation of any vessel in reckless disregard of the safety of others, the person so operating such vessel shall be guilty of operating so as to endanger, resulting in death.

(b) Any person charged with the commission of the foregoing shall upon conviction be imprisoned for not more than ten (10) years.
R.I. Gen. Laws § 46-15-1 — RI Code / Title 46 / Chapter 46-15 / Section 46-15-1
§ 46-15-1. Legislative declaration.
Status: in_force

The general assembly hereby finds and declares that:

(1) The state of Rhode Island has been endowed with many and abundant sources of water supplies located advantageously, for the most part, throughout the state. The proper development, protection, conservation, and use of these water resources are essential to the health, safety, and welfare of the general public, and to the continued growth and economic development of the state;

(2) In recent years it has become increasingly apparent that water supply management, protection, development, and use must be fully integrated into all statewide planning, and rivers and watershed planning and management processes, and that the allocation of the states water resources to all users, purposes, and functions, including water to sustain our natural river and stream systems and natural biotic communities, must be equitably decided and implemented under a process which emphasizes efficiency of use and management, minimization of waste, protection of existing supplies, demand management, drought management, conservation, and all other techniques to ensure that our water resources serve the people of Rhode Island for the longest time, in the most efficient use, and in an environmentally sound manner;

(3) The character and extent of the problems of water resource development, utilization, and control, and the widespread and complex interests which they affect, demand action by the government of the state of Rhode Island in order to deal with these problems in a manner which adequately protects the general welfare of all the citizens of the state;

(4) In order to retain and encourage the expansion of our present industries, and to attract new industries, and to promote the proper growth and desirable economic growth of the entire state, and to sustain the viability of water resource-dependent natural systems, agriculture, and recreation, state government must play an active role in fostering and guiding the management of water resources;

(5) There are state and municipal departments, special districts, private firms, and other agencies in the state who have capabilities and experience in the design, construction, operation, and financing of water supply and transmission facilities, which capabilities and experience must be brought to bear on the total problem of water resources development in a coordinated manner if the proper development, conservation, apportionment, and use of the water resources of the state are to be realized; and

(6) It shall be the duty of the water resources board to regulate the proper development, protection, conservation and use of the water resources of the state.
R.I. Gen. Laws § 46-18-9 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-9
§ 46-18-9. Judgment on failure of plaintiff to make election.
Status: in_force

If the plaintiff shall neglect to make any election within the time and in the manner prescribed in § 46-18-7, the court shall enter up judgment in the plaintiffs favor for the yearly damages found by the jury; and the judgment so rendered shall bar all actions for the injuries complained of by the plaintiff, excepting only an action to enforce the judgment.
R.I. Gen. Laws § 46-23-2.1 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-2.1
§ 46-23-2.1. Members  Term of office  Vacancies.
Status: in_force

(a)(1) Subject to the provisions of § 46-23-2, all members shall serve until their successors are appointed and qualified.

(2) Term limits on the coastal resources management council shall be determined by the governor as follows: Two (2) appointees shall serve an initial term of three (3) years and shall be eligible for reappointment in accordance with this section; two (2) appointees shall serve an initial term of two (2) years and shall be eligible for reappointment in accordance with this section; and two (2) appointees shall serve an initial term of one year and shall be eligible for reappointment in accordance with this section.

(3) After the expiration of the terms of all initial members pursuant to this subsection, succeeding appointments shall be for a term of three (3) years, and during the month of January, the governor shall appoint, with the advice and consent of the senate, a member to succeed the member whose term will then next expire for a term of three (3) years commencing on the first day of February next following and until a successor is named and qualified.

(b) The members are eligible for successive appointments.

(c) Elected or appointed municipal officials shall hold seats on the coastal resources management council, only so long as they remain in their elected or appointed office.

(d) A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. Any person appointed to fill said vacancy shall complete the unexpired term and shall then be eligible for reappointment pursuant to this section. The governor shall have the power to remove their appointee for just cause.
R.I. Gen. Laws § 46-23-14 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-14
§ 46-23-14. Expert testimony.
Status: in_force

The council shall be authorized to engage its own expert and outside consultants, and the council shall be empowered to use that testimony in making its decisions.
R.I. Gen. Laws § 46-2-23 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-23
§ 46-2-23. Maintenance and operation of works.
Status: in_force

After the completion of the project, the city or town shall maintain and operate the flood control works.
R.I. Gen. Laws § 46-9-3 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-3
§ 46-9-3. Vessels exempt from chapter.
Status: in_force

The provisions of this chapter shall not apply to vessels navigating under a certificate of enrollment under the control of a federally licensed pilot or to vessels otherwise exempt by the laws of the United States, or to vessels measuring less than one thousand (1,000) gross tons, and the draft of which, when fully loaded, would be less than twelve feet (12²) of water, other than vessels under registry. All vessels under registry are subject to the provisions of this chapter. If any vessel exempt from this chapter shall employ a pilot, the pilot shall be entitled to receive, as compensation for his or her services, pilotage fees in an amount not to exceed the rates established by the commission. Vessels are not subject to the provisions of this chapter if they receive special exemption from the commission where the commission determines that the vessels do not pose a threat to the environment.
R.I. Gen. Laws § 46-23-5 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-5
§ 46-23-5. Expenses of members.
Status: in_force

(a) The members of the council and the chairperson shall not be compensated for their service on the board, but the members and chairperson shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

(b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.]
R.I. Gen. Laws § 46-13-8 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-8
§ 46-13-8. Avoidance of contamination in tanks.
Status: in_force

Any person who is furnished water from a public water supply system, and maintains a tank supplied only by that water, shall have the tank constructed and maintained to prevent contaminants from gaining access to the tank interior.
R.I. Gen. Laws § 46-29-2 — RI Code / Title 46 / Chapter 46-29 / Section 46-29-2
§ 46-29-2. Legislative findings, intent, and objectives.
Status: in_force

The general assembly hereby recognizes and declares that:

(1) Whereas, excess nutrients, especially phosphorus, from municipal wastewater treatment plants, septic tanks, urban and agricultural losses may cause eutrophication resulting in algae blooms and low dissolved oxygen; and

(2) Whereas, requiring the use of phosphate-free laundry detergents will reduce the amount of phosphorus in Rhode Islands rivers, lakes, and estuaries at no cost to consumer or to municipalities; and

(3) Whereas, requiring the use of phosphate-free laundry detergents will significantly reduce the amount of phosphorus that is released by municipalities at their wastewater treatment plants; and

(4) Whereas, our neighbors the State of Connecticut and the Commonwealth of Massachusetts have enacted similar legislation to address the problem of excess nutrients in their waters;

(5) The general assembly, therefore, has declared that it is the policy of the state to reduce phosphorus pollution at its source to protect waters of the state, protect beneficial uses of the waters of the state and create a cost effective approach to wastewater treatment.
R.I. Gen. Laws § 46-6-3 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-3
§ 46-6-3. Abatement of unauthorized encroachments on tidewater.
Status: in_force

Every erection made into or encroachment upon the public tidewaters of the state, not authorized by the general assembly or by the department of environmental management, shall be deemed to be a public nuisance and shall be prosecuted as such by the attorney general.
R.I. Gen. Laws § 46-3-13 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-13
§ 46-3-13. Property subject to assessment  Costs included.
Status: in_force

The legislative body may apportion and assess the part upon the lands and buildings in the municipality which, in its judgment, are especially benefited thereby, whether they abut on the erosion control system or not, and upon the owners of the lands and buildings, subject to the right of appeal. The assessment may include a proportionate share of any expenses incurred in the construction of any erosion control system, such as legal fees, service expenses, interest, and publication costs, and related incidental expenses. The legislative body may divide the total territory to be benefited in each section separately. In assessing benefits against the property in any section, the legislative body may add to the cost of the part of the erosion control system located in the section, a proportionate share of the cost of any part of the system located outside the section which is useful for the operation or effectiveness of that part of the system within the section, and of any of the other items of cost or expenses above enumerated.
R.I. Gen. Laws § 46-29-3 — RI Code / Title 46 / Chapter 46-29 / Section 46-29-3
§ 46-29-3. Certain cleaning agents containing phosphorus prohibited.
Status: in_force

(a) No person may manufacture, store, sell, use, or distribute for sale or use any cleaning agent containing phosphorus in the State, except as otherwise provided in this section.

(b) As used in this section, cleaning agent means a laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes.

(c) This section shall not apply to cleaning agents which are used:

(1) In agricultural or dairy production;

(2) To clean commercial food or beverage processing equipment or containers;

(3) As industrial or institutional sanitizers, metal brighteners, or acid cleaners, including those containing phosphoric acid or trisodium phosphate;

(4) In industrial processes for metal, fabric, or fiber cleaning and conditions;

(5) In hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics;

(6) By a commercial laundry or textile rental service company or any other commercial entity:

(i) To provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; or

(ii) To clean textile products supplied to industrial or commercial users of the products on a rental basis; or

(iii) To clean professional, industrial, or commercial work uniforms;

(7) In the manufacture of health care or veterinary supplies;

(8) In any medical, biological, chemical, engineering, or other such laboratory, including those associated with any academic or research facility;

(9) As water softeners, antiscale agents, or corrosion inhibitors, where that use is in a closed system such as a boiler, air conditioner, cooling tower, or hot water heating system;

(10) To clean hard surfaces including windows, sinks, counters, floors, ovens, food preparation surfaces, and plumbing fixtures.

(d) This section shall not apply to cleaning agents which:

(1) Contain phosphorus in an amount not exceeding five-tenths of one percent (0.5%) by weight;

(2) Contain phosphorus in an amount not exceeding eight and seven-tenths percent (8.7%) by weight and which are intended for use in a commercial or household dishwashing machine;

(3) Are manufactured, stored, sold, or distributed for use solely outside the state.

(e) The Rhode Island department of environmental management may permit the use of a cleaning agent which contains phosphorus in an amount exceeding five-tenths of one percent (0.5%) but not exceeding eight and seven-tenths percent (8.7%) by weight upon a finding that there is no adequate substitute for the cleaning agent, or that compliance with this section would otherwise be unreasonable or create a significant hardship on the user. The Rhode Island department of environmental management may adopt rules to administer this section.

(f) Any person who manufactures, sells or distributes any cleaning agent in violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000).
R.I. Gen. Laws § 46-25-52 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-52
§ 46-25-52. Security for notes.
Status: in_force

(a) The principal of and interest on any notes issued by the commission may be secured by a pledge of the general credit of the commission.

(b) Any resolution under which notes of the commission are authorized to be used (and any trust indenture established thereby) may contain provisions for vesting in a trustee, or paying agent, such properties, rights, powers, and duties in trust as the commission may determine.
R.I. Gen. Laws § 46-8-7 — RI Code / Title 46 / Chapter 46-8 / Section 46-8-7
§ 46-8-7. Penalty for violations.
Status: in_force

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall pay a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100).
R.I. Gen. Laws § 46-10-1 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-1
§ 46-10-1. Appointment of town commissioners of wrecks and shipwrecked goods  Bond.
Status: in_force

The town council of every town, the territorial limits of which extend to the seashore, except the town of New Shoreham, shall annually appoint a commissioner of wrecks and shipwrecked goods, with power to appoint one or more deputies. Every commissioner of wrecks and shipwrecked goods shall give bond with sufficient surety or sureties to the town treasurer of the town wherein the commissioner shall be appointed, in the sum of five thousand dollars ($5,000) for the faithful performance of the duties of the commissioners office.
R.I. Gen. Laws § 46-18-2 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-2
§ 46-18-2. Action for damages from dam  Liability of mill and dam for recovery.
Status: in_force

Any person aggrieved or injured by the following of the pond raised by the dam, or by the stopping or raising of the water either above or below the dam, or by the backing of water under his or her land, or by the flowing out of any fall of water in his or her land by means of the dam, may commence a civil action, in the superior court for the county in which the dam is, against the owner of the dam or any precedent owner thereof, and a copy of the complaint shall be left by the officer serving the complaint in the office of the town clerk of the town in which the dam is; and the mill and milldam complained of, together with all their appurtenances and the land under and adjoining the mill and milldam, shall thenceforth be pledged and liable for the damages which may be recovered in the action.
R.I. Gen. Laws § 46-5-11 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-11
§ 46-5-11. Control and management of public facilities.
Status: in_force

The director shall retain under his or her own control and management and in his or her own possession, for use by the public for the transient needs and purposes of such vessels as shall from time to time come to the port of Providence, a portion of the property, wharves, piers, and docks sufficient for the transient needs and purposes of the vessels so coming to the port of Providence.
R.I. Gen. Laws § 46-25-39 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-39
§ 46-25-39. Temporary notes.
Status: in_force

(a) The general treasurer is hereby authorized and empowered, with the approval of the governor, and in accordance with provisions of this chapter, to borrow upon temporary notes issued in anticipation of the issuance of the bonds, from time to time, in the name and behalf of the state, sums of money for the purposes set forth in § 46-25-4.

(b) The notes shall be signed by the general treasurer and countersigned by the secretary of state, and shall be issued at such time or times in such amounts, at such rates of interest, with such provisions of prepayment, with or without premium, acceleration, and other terms as may be fixed by the general treasurer, with the approval of the governor.

(c) The notes may be issued from time to time for periods not exceeding two (2) years, and may be refunded or renewed from time to time, by the issue of other notes for periods not exceeding two (2) years, but the notes, including all refundings and renewals thereof, shall bear maturity dates not later than five (5) years from the date of each original issue. The total sum of the terms of the notes plus the term of the bonds, which the issuance of the notes anticipate, shall not exceed twenty-five (25) years in duration.

(d) The proceeds of the sale of the notes, inclusive of any premiums and any accrued interest which may be received from the sale thereof, shall be applied to the purposes for which the notes are issued, and shall be deposited by the general treasurer in the account described in § 46-25-38.
R.I. Gen. Laws § 46-10-18 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-18
§ 46-10-18. Penalty for disobedience of order of director.
Status: in_force

Every person who shall disobey any lawful order of the director of the department of environmental management, given in discharging the duties of the directors office, shall forfeit for every such offense twenty dollars ($20.00), to be recovered in an action in the name of the director, to the use of the town of New Shoreham.
R.I. Gen. Laws § 46-22-5 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-5
§ 46-22-5. Classification and required equipment.
Status: in_force

(a) Motorboats subject to the provisions of this chapter shall be divided into four (4) classes as follows:

(1) Class A. Less than sixteen feet (16²) in length.

(2) Class 1. Sixteen feet (16²) or over and less than twenty-six feet (26²) in length.

(3) Class 2. Twenty-six feet (26²) or over and less than forty feet (40²) in length.

(4) Class 3. Forty feet (40²) or over and not more than sixty-five feet (65²) in length.

(b) Every motorboat, in all weathers, from sunset to sunrise, shall carry and exhibit the following lights when under way, and during that time no other lights which may be mistaken for those prescribed shall be exhibited.

(1) Every motorboat of Classes A and 1 shall carry the following lights:

(i) A bright white light aft to show all around the horizon.

(ii) A combined lantern in the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two (2) points abaft the beam of their respective sides.

(2) Every motorboat of Classes 2 and 3 shall carry the following lights:

(i) A bright white light in the fore part of the vessel, as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of twenty (20) points of the compass, so fixed as to throw the light ten (10) points on each side of the vessel; namely, from right ahead to two (2) points abaft the beam on either side.

(ii) A bright white light aft to show all around the horizon and higher than the white light forward.

(iii) On the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of ten (10) points of the compass, so fixed as to throw the light from right ahead to two (2) points abaft the beam on the starboard side. On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of ten (10) points of the compass, so fixed as to throw the light from right ahead to two (2) points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

(3) Motorboats of Classes A and 1, when propelled by sail alone, shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of Classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights, prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

(4) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two (2) miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word visible in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

(5) When propelled by sail and machinery, any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

(c) Any vessel may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, 33 U.S.C. § 2000 et seq., in lieu of the lights required by subsection (b).

(d) Every motorboat of Class 1, 2, or 3 shall be provided with an efficient whistle or other sound producing mechanical appliance.

(e) Every vessel shall carry at least one life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the department of environmental management, for each person on board, so placed as to be readily accessible; provided, that every motorboat carrying passengers for hire shall carry, so placed as to be readily accessible, at least one life preserver of the sort prescribed by the regulations of the department of environmental management, for each person on board.

(f) Every motorboat shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the department of environmental management, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

(g) The provisions of subsections (d), and (f) shall not apply to motorboats while competing in any race conducted pursuant to § 46-22-13 or, if the boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

(h) Every motorboat shall have the carburetor or carburetors of every engine therein (except outboard motors) using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap, or other similar device as may be prescribed by the regulations of the department of environmental management.

(i) Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the department of environmental management, for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

(j) The department of environmental management is hereby authorized to make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the federal Boat Safety Act of 1971 as amended or the federal navigation laws or with the navigation rules promulgated by the United States Coast Guard.

(k) The department of environmental management is hereby authorized to establish and maintain, for the operation of vessels not more than sixty-five feet (65²) in length on the waters of this state, pilot rules in conformity with the pilot rules contained in the federal navigation laws or the navigation rules promulgated by the United States Coast Guard.

(l) No person shall operate or give permission for the operation of a vessel, which is not equipped as required by this section, or modification thereof.
R.I. Gen. Laws § 46-7-3 — RI Code / Title 46 / Chapter 46-7 / Section 46-7-3
§ 46-7-3. Misuse or injury to federally placed markers in upper Narragansett Bay.
Status: in_force

Every owner and every person having the charge of any vessel, scow, boat, seine, or raft of any kind, which shall be made fast to any stake or buoy which has been or shall be placed, at the expense of the United States, for the security and direction of vessels either in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point or in Warren River, and every person who shall in any way injure or destroy any of the stakes and buoys placed, shall forfeit ten dollars ($10.00); two-thirds ( ) thereof to the use of the United States, in order to replace the stake or buoy, and one-third ( ) thereof to the use of the person who shall sue for the replacement stake or buoy.
R.I. Gen. Laws § 46-25-59 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-59
§ 46-25-59. Security for revenue bonds or revenue notes.
Status: in_force

(a) The principal of and interest on any revenue bonds or revenue notes issued by the commission, may be secured by a pledge of any revenues and receipts of the commission, and may be secured by a mortgage or other instrument covering all or any part of one or more sewage treatment facilities, including all or part of any additions, improvements, extensions to language, or enlargements of such facilities thereafter made.

(b) The resolution under which the revenue bonds or revenue notes are authorized to be issued and any such mortgage, lease, sales agreement, or loan agreement, or other instrument may contain agreements and provisions respecting the maintenance of the facilities covered thereby, the fixing and collection of rents, payments or repayments, or other revenues, therefrom, including moneys received in repayment of loans, and interest thereon, the creation and maintenance of special funds from such rents or other revenues, and the rights and remedies available in the event of default, all as the commission shall deem advisable.

(c) Each pledge, agreement, mortgage, or other instrument made for the benefit or security of any of the revenue bonds or revenue notes of the commission shall continue in effect until the principal of and interest on the revenue bonds or revenue notes for the benefit of which the same was made shall have been fully paid, or until provision shall have been made for the payment in the manner provided in the resolutions under which the revenue bonds or revenue notes were authorized.

(d) The commission may provide, in any proceedings under which revenue bonds or revenue notes may be authorized, that any sewage treatment facility or part thereof may be constructed, reconstructed, rehabilitated, or improved by the commission, or any lessee, vendee, obligor, or any designee of the commission, and may also provide in proceedings for the time and manner of and requisitions for disbursements to be made for the cost of such construction, and for all such certificates and approvals of construction and disbursements as the commission shall deem necessary and provide for in proceedings.

(e) Any resolution under which revenue bonds or revenue notes of the commission are authorized to be issued (and any trust indenture established thereby) may contain provisions for vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the commission may determine, including any or all of the rights, powers, and duties of the trustee appointed by the holders of any issue of revenue bonds or revenue notes pursuant to § 46-25-65, in which event the provisions of § 46-25-65 authorizing the appointment of a trustee by holders of revenue bonds or revenue notes shall not apply.
R.I. Gen. Laws § 46-10-27 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-27
§ 46-10-27. Inventory and accounting for unclaimed property  Delivery to treasurer.
Status: in_force

If no owner, agent, or other person interested in the property wrecked on Block Island shall appear within one year after it shall have been taken into the custody of the director of the department of environmental management, and establish his or her claim thereto, the director shall present to the general treasurer an inventory of the property (or, if sold, an account of all the sales) with an account of all the moneys paid by him or her for duties on the property and for the expenses of securing and preserving it; and he or she shall make an oath to the truth of the inventory and accounts, and shall pay and deliver to the general treasurer the balance of the accounts, with all the property remaining in the directors hands, to the use of the state.
R.I. Gen. Laws § 46-9-34 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-34
§ 46-9-34. Severability.
Status: in_force

If any provision of this chapter or of any rule, regulation, or determination made thereunder, or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of the provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
R.I. Gen. Laws § 46-19-2 — RI Code / Title 46 / Chapter 46-19 / Section 46-19-2
§ 46-19-2. Description and plans furnished by owner.
Status: in_force

Every person owning, maintaining, or having control of any dam or reservoir shall, upon written request therefor, furnish to the director of the department of environmental management as full, true, and particular description of the dam or reservoir as may be practicable; and shall, as soon as may be after the request, cause to be made all the necessary surveys, plans, and drawings thereof as may be required by the director.
R.I. Gen. Laws § 46-25-28 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-28
§ 46-25-28. Conduct of hearings.
Status: in_force

At all hearings held under the provisions of this chapter, the commission and the members thereof, shall have the right to administer oaths. All persons testifying at the hearings shall do so under oath and under penalty of perjury. The commission shall have the right to issue subpoenas to compel the appearance of witnesses and/or the production of any books, records, or other documents. Any person may be represented by counsel at the hearing. The commission may adjourn the hearings from time to time, whenever the adjournment shall, in its opinion, be necessary or desirable. The testimony adduced at the hearing shall be transcribed by a stenographer.
R.I. Gen. Laws § 46-22-17.2 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-17.2
§ 46-22-17.2. Prosecution of violations.
Status: in_force

The director of the department of environmental management and the directors deputies and assistants may, by virtue of their respective offices, make complaints of any violations of this chapter, and they shall not be required, either jointly or individually, to give recognizance or to furnish surety for costs or be liable for costs on those complaints.
R.I. Gen. Laws § 46-26-3 — RI Code / Title 46 / Chapter 46-26 / Section 46-26-3
§ 46-26-3. Town council approval.
Status: in_force

Any agreement, executed by a Rhode Island municipality pursuant to § 46-26-2 and this section, must be approved by the town council before the agreements can become effective.
R.I. Gen. Laws § 46-23-7.4 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-7.4
§ 46-23-7.4. Penalty for blocking or posting of rights-of-way.
Status: in_force

Any person who shall post or block any tidal water, public right-of-way, as designated by the council, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson of the council, through councils legal counsel or the attorney general, may apply to any court of competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public right-of-way.
R.I. Gen. Laws § 46-12-15 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-15
§ 46-12-15. Inspection powers  Rules and regulations.
Status: in_force

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 petroleum, gasoline, kerosene, tar, oil, or any product or mixture thereof; and the director may by order establish all rules and regulations to prevent the discharge or escape of any of the substances into the waters of the state.
R.I. Gen. Laws § 46-9-27 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-27
§ 46-9-27. Criminal penalty for intentional or grossly negligent violation  Felony.
Status: in_force

Any person who shall intentionally, or through grossly negligent behavior, violate any provision of this chapter or any rule or regulation promulgated by the commission under the provisions of this chapter or any order issued by the commission pursuant to this chapter or any person who shall cause the violation, shall be deemed guilty of a felony punishable by imprisonment for not more than one year, or by a fine of not more than ten thousand dollars ($10,000), or both.
R.I. Gen. Laws § 46-12-14 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-14
§ 46-12-14. Criminal penalties.
Status: in_force

(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 fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.

(b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each instance of violation, or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
R.I. Gen. Laws § 46-15-2.1 — RI Code / Title 46 / Chapter 46-15 / Section 46-15-2.1
§ 46-15-2.1. Appeals.
Status: in_force

An applicant may appeal a denial by a public water supply facility made under § 46-15-2(b) which shall be reviewable by the state agency or commission having jurisdiction over the public water supply facility and thereafter by the superior court pursuant to the standards and timeframes set forth in § 42-35-15 (administrative procedures).
R.I. Gen. Laws § 46-6-7 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-7
§ 46-6-7. Protection of waters off Goat Island.
Status: repealed

No person shall set any post, drive any spile, or erect or continue any obstruction into or upon the public waters adjoining to and on the westerly side of Goat Island in the harbor of Newport, between the island and the main channel which separates the island from the island of Conanicut, or interfere with or injure any wire, torpedo, or other implement or contrivance in the waters, placed there under the authority of the United States, for use in connection with the experiments in torpedo practice carried on from Goat Island; but nothing herein contained shall be so construed as to give to the United States jurisdiction over any of the public waters to an extent which they do not already have, and this section may be modified or repealed at the pleasure of the general assembly. Every person violating any provision of this section shall be fined one hundred dollars ($100).
R.I. Gen. Laws § 46-25-53 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-53
§ 46-25-53. Exemption from taxation.
Status: in_force

The commission shall not be required to pay state taxes of any kind, and the commission, its projects, property, and moneys and, except for estate, inheritance, and gift taxes, any notes issued under the provisions of this chapter, and the income (including gain from sale or exchange) therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and all political subdivisions of the state.
R.I. Gen. Laws § 46-13-17 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-17
§ 46-13-17. Civil liability unimpaired.
Status: in_force

Compliance with requirements of this chapter shall in no way release the owners or official custodians of a public water supply system from any liability for damage to person or property caused by or resulting from the installation, operation, or maintenance of a public water supply system.
R.I. Gen. Laws § 46-9-31 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-31
§ 46-9-31. Appropriations.
Status: in_force

The general assembly shall annually appropriate a sum as may be necessary to carry out the provisions of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment thereof or so much thereof as may be necessary from time to time upon duly authenticated vouchers approved by the chairperson of the commission.
R.I. Gen. Laws § 46-6-4 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-4
§ 46-6-4. Protection of Blackstone and Seekonk Rivers.
Status: in_force

No person shall put any substance in the Blackstone River or in the Seekonk River, or do any act or shall permit anything within his or her control to be done or shall do or permit anything within his or her control to be continued to be done, that shall cause any substance to be put or conveyed into those rivers in such way that the navigable waters of the Seekonk River shall be injured for the purposes of navigation or in such way that the navigable channel of the river shall be diminished either in width or depth. Every person violating the provisions of this section shall be fined twenty dollars ($20.00) for each offense.
R.I. Gen. Laws § 46-6-10.2 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-10.2
§ 46-6-10.2. Derelict and abandoned vessel and obstruction removal commission.
Status: in_force

(a) There is hereby created a commission known as the derelict and abandoned vessel and obstruction removal commission which shall consist of five (5) members as follows:

(1) One member who shall be engaged in the marine trades industry, to be appointed by the governor with advice and consent of the senate;

(2) One member who shall represent a private, nonprofit environmental advocacy organization whose purposes include protecting and preserving Narragansett Bay, to be appointed by the governor with advice and consent of the senate;

(3) One member who shall be a municipal harbormaster, to be appointed by the governor with advice and consent of the senate;

(4) The director of the department of environmental management or his or her designee; and

(5) The executive director of the coastal resources management council or his or her designee.

(b) The chairperson shall be elected by the members of the commission.

(c) The members appointed by the governor shall serve three (3) year terms, and be eligible for re-appointment.

(d) The purpose of the commission shall be to prioritize the disbursement of funds from the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3.

(e) The commission shall be advisory to the director and shall provide recommendations to the director for fund disbursement.

(f) The commission shall develop criteria, in the form of guidelines, to prioritize removal projects undertaken pursuant to this chapter, and in accordance with the use of the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3. The guidelines shall also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for coverage by the fund. The director shall review and approve, approve with conditions, or reject these guidelines within thirty (30) days of receipt. The commission may seek to revise the guidelines at any time, by submitting such revisions to the director for review and approval. The guidelines shall be made publicly available.
R.I. Gen. Laws § 46-25-3 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-3
§ 46-25-3. Definitions.
Status: in_force

As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning:

(1) Administrative penalty means a monetary penalty not to exceed the civil penalty specified in § 46-25-25.2.

(2) Commission means the Narragansett Bay commission. Whenever in any general or public law, reference is made to the Narragansett Bay Water Quality Management District Commission the reference refers to and means the Narragansett Bay Commission.

(3) Compliance schedule means a schedule of remedial measures including an enforceable sequence of actions, or operations leading to compliance with an effluent limitation or any other limitation, prohibition, or standard.

(4) Fund means the Narragansett Bay water quality management district commission fund to be held by the commission.

(5) Narragansett Bay water quality management district means and includes:

(i) The city of Providence and those portions of the city of Cranston and portions of the towns of Johnston, North Providence, and Lincoln formerly served by the city of Providence sewage treatment system as well as the cities of East Providence, Pawtucket, and Central Falls, the towns of Lincoln and Cumberland, and that portion of the town of Smithfield lying northeast of the Douglas Pike, also called state route No. 7;

(ii) Any other portions of those municipalities as may by resolution request to be served by the district and which are accepted by the commission as part of the district; and

(iii) Any other cities or towns or districts in Rhode Island or portions thereof as may, from time to time, join the district pursuant to agreement with the commission, providing for the acquisition of the sewage treatment facilities of such city, town, or district, or the merger and consolidation of such district into the commission, or the management and operation of the sewage treatment facilities of such city, town or district by the commission.

(6) Notes as used in §§ 46-25-51  46-25-67 mean the notes, securities, or other obligations or evidences of indebtedness issued by the commission pursuant to this chapter in anticipation of receiving user fees or state or federal funds, all of which shall be issued under the name of and known as obligations of the Narragansett Bay water quality management district.

(7) Person means and includes an individual, firm, partnership, association, and private or municipal corporation and federal or state agencies.

(8) Pollutant means the same as defined in § 46-12-1.

(9) Pollution means the same as defined in § 46-12-1.

(10) Project means the Narragansett Bay water quality management district project, and shall include the acquisition, ownership, design, operation, construction, repair, rehabilitation, improvement, development, sale, lease or disposition of, or the provision of financing for, any sewage treatment facility.

(11) Revenue bonds and notes as used in §§ 46-25-58  46-25-67, mean and include the bonds, notes, securities, or other obligations or evidences of indebtedness issued by the commission pursuant to §§ 46-25-58  46-25-67, all of which shall be issued under the name of or known as obligations of the Narragansett Bay commission and shall be secured solely by the revenues provided therein.

(12) Sewage means the same as pollutant as defined in § 46-12-1.

(13) Sewage treatment facilities means any sewage treatment plant, structure, combined sewer overflows, equipment, interceptors, mains, and pumping stations, or other property, real, personal, or mixed, for the treatment, storage, collection, transporting, or disposal of sewage, or any property or system to be used in whole or in part for any of the aforesaid purposes, or any other property or system incidental to, or which has to do with, or the end purpose of which is any of the foregoing; provided, however, that the term shall not include any system of lateral sewers within a municipality.

(14) Source means any building, structure, facility, or installation from which there is or may be the discharge of pollutants.

(15) Water supplier means any person, including a municipal water department or agency, public water system, special water district, or private water company engaged in the distribution of water for potable purposes.
R.I. Gen. Laws § 46-18-10 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-10
§ 46-18-10. Execution against mill and dam.
Status: in_force

Every execution that may issue on any judgment for damages rendered as aforesaid, whether for yearly damages or damages in gross, shall run not only against the goods and chattel and real estate of the defendant, but, if the defendant was owner of the mill at the date of the action, also against the mill and milldam which was the occasion of the suit, with all the appurtenances thereof; the form of the execution shall be varied accordingly by the court issuing the execution, and the execution may be levied thereon, and the same proceedings may be had as on executions in other cases levied on real estate.
R.I. Gen. Laws § 46-23-18.5 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-18.5
§ 46-23-18.5. Fees for disposal.
Status: in_force

The council is authorized to impose a fee of not less than thirty-five dollars ($35.00) per cubic yard for the disposal of dredge materials at the sites established by the council pursuant to § 46-23-18.3. The amount of the fee established by the council pursuant to the section shall be reviewed by the council on an annual basis and revised as the council deems necessary, but in no event shall the fee be set at an amount less than thirty-five dollars ($35.00) per cubic yard of material.
R.I. Gen. Laws § 46-12-11 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-11
§ 46-12-11. Service of orders.
Status: in_force

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 state.
R.I. Gen. Laws § 46-27-1 — RI Code / Title 46 / Chapter 46-27 / Section 46-27-1
§ 46-27-1. Definitions.
Status: in_force

In this chapter, the term:

(1) Headway speed in this section means the slowest speed at which a personal watercraft can be operated and maintain steerage way.

(2) Operator means a person who operates or who has charge of the navigation or use of a watercraft.

(3) Personal watercraft means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional method of sitting or standing inside the vessel.
R.I. Gen. Laws § 46-30-5 — RI Code / Title 46 / Chapter 46-30 / Section 46-30-5
§ 46-30-5. Merger  Effective date  Transfer of assets and assumption of liabilities.
Status: in_force

(a) After petition by the small water supply system to the governing agency and subject to the approval of the governing board of the public water supply system and the governing board of the governing agency, or, in the case of a municipally owned system, the approval of the majority of the entire town or city council, the public water supply system shall be merged with and into the governing agency. Upon the merger, the governing board of the governing agency or, in the case of a municipally owned system, the approval of the majority of the entire town or city council, agrees to accept and the governing board of the public water supply system agrees to transfer to the governing agency all rights and benefits accrued to the public water supply system arising out of federal assistance or federal funding available to public water supply systems.

(b)(1) It shall be the obligation of the governing board of the public water supply system to disclose to the governing agency all obligations, liabilities, and lawsuits pending against the entity. The governing agency shall have the right to include the obligations into the construction of the annexation fee to fairly apportion the costs to the customer base of the public water supply system.

(2) It is not the intent of this legislation to assume the principal business of the small public water supply system other than the serving of potable water. The governing agency shall have the right to refuse to accept any obligations, liabilities, and lawsuits pending against the entity relating to other parts of the small public water systems activities.

(3) The customers annexed to the governing agency shall be subject to the same rules, regulations, municipal, state, and federal laws to which all other customers of the governing agency are subject.

(c) The governing board of the public drinking water system is hereby authorized to and shall pass such resolutions, enter into such agreements, and do all things deemed useful and necessary by it to effectuate the merger; and the governing board of the governing agency is hereby authorized and may pass such resolutions, enter into such agreements, and do all things useful and necessary by it to effectuate the merger. Nothing in this subsection shall permit the governing agency of any municipally owned system to enter into any agreements or to adopt any resolutions which require city or town council approval.

(d) Upon completion, the merger shall be certified to the secretary of state by the chief executive officer of the governing agency.

(e) Upon the annexation of the public water supply system and the governing agency, the governing agency shall assume responsibility for the planning, construction, operation, and maintenance of the appropriate facilities, water mains and appurtenances of the public water supply system.

(f) If the governing agency accepts any obligations, liabilities, and/or lawsuits as referenced under subsection (b), the governing agency shall also be responsible and liable for all liabilities, obligations, and/or lawsuits of the public water supply system pertaining to water supply; and any claim existing or action or proceeding pending by or against the public water supply system may be prosecuted as if the annexation had not taken place, or the governing agency may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the public water supply system shall be impaired by the merger. The annexation as provided for herein shall not impair the obligation of any contract or agreement or alter existing bargaining units nor abate any suit, action, or other proceeding lawfully commenced by or against the public water supply system, or any member of its governing board in relation to the discharge of his or her official duties, but a court of competent jurisdiction may, on motion filed within twelve (12) months after the effective date of the annexation, allow such a suit, action, or proceeding to be maintained by or against the annexed public water supply system or any member of its governing board in relation to the discharge of his or her official duties. Upon completion of the merger, all user charges, fees or rates assessed by the governing agency as a result of the merger shall be subject to the approval of the public utilities commission.
R.I. Gen. Laws § 46-5-2 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-2
§ 46-5-2. Filing of description, plat, and statement as to land to be condemned.
Status: in_force

Whenever the department of environmental management has decided to take by condemnation such land or any estate or interest in land, and the phrase such land as used in §§ 46-5-2  46-5-8 shall be deemed to describe and apply to whatever land or estate or interest in land is condemned hereunder, the department of environmental management shall cause to be filed in the records of land evidence of the city or town where such land is situated a description and plat of such land and also a statement that such land is taken pursuant to the provisions of this chapter, which description, plat, and statement shall be signed by the director of the department of environmental management.
R.I. Gen. Laws § 46-9-13 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-13
§ 46-9-13. License fees.
Status: in_force

Every application for a license to act as a pilot in the waters of this state shall be accompanied by a fee of one hundred dollars ($100) payable to the State of Rhode Island. Every pilot who shall request a renewal of his or her license shall pay to the State of Rhode Island a fee of twenty dollars ($20.00).
R.I. Gen. Laws § 46-25-67 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-67
§ 46-25-67. Other statutes and ordinances.
Status: in_force

Nothing herein contained shall restrict or limit the powers of the commission arising under any laws of this state, or any ordinances of any municipality, except if the powers are expressly contrary to the provisions of this chapter. This chapter shall be construed to provide a complete additional alternative method for doing the things authorized hereby, and shall be regarded as supplemental and in addition to the powers conferred by other laws. The issuance of all revenue bonds, revenue notes, and other obligations of the commission, under the provisions of §§ 46-25-58  46-25-66, need not comply with the requirements of any other statute applicable to the issue of the bonds, notes, and other obligations. No proceedings or notice of approval shall be required for the issuance of any revenue bonds, revenue notes, or other obligations, or any instrument of security therefor except as herein provided.
R.I. Gen. Laws § 46-29-1 — RI Code / Title 46 / Chapter 46-29 / Section 46-29-1
§ 46-29-1. Short title.
Status: in_force

This chapter shall be referred to as the Phosphate Reduction Act of 1995.
R.I. Gen. Laws § 46-22-15.2 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-15.2
§ 46-22-15.2. Service on nonresident.
Status: in_force

Service of process as described in § 46-22-15.1, shall be made by leaving a copy of the process with a fee of five dollars ($5.00) in the office of the secretary of state in the hands of the secretary or someone acting in the secretarys stead and such service shall be sufficient service upon the nonresident; provided, that notice of the service and a copy of the process shall be forthwith sent by the plaintiff or his or her attorney by certified mail to the defendant at the address given upon the defendants application for a number, and the senders post office receipt of sending and the plaintiffs or the plaintiffs attorneys affidavit of compliance herewith are appended to the process and entered with the declaration, or that the notice and a copy of the process are served upon the defendant by leaving the same in the defendants hands and possession by a duly constituted public officer qualified to serve civil process in the state or jurisdiction where the defendant is found, and that officers return showing the service to have been made at least fifteen (15) days before the return day of the process is appended to the process and entered with declaration. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
R.I. Gen. Laws § 46-5-8 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-8
§ 46-5-8. Representation of infants and incompetents.
Status: in_force

If any infant or person not capable by law to act in his or her own behalf by the owner of any estate or interest in any land so taken, the court, upon the filing therein of a petition by or in behalf of the infant or other person, may appoint a guardian ad litem for the infant or other person, and the guardian may appear and be heard in behalf of the infant or other person; and the guardian may also, with the advice and consent of the court, and upon such terms as the court may prescribe, release to the state all claims for damages for and to the estate or interest in the land. Any lawfully appointed, qualified, and acting guardian of the estate of any infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of land within this state of the infant or other person, may, before the filing of the petition, agree with the department of environmental management upon the amount of damages suffered by the infant or other person by any taking hereunder of his or her land or any estate or interest in his or her land, and may, upon receiving that amount, release to the state all claims of damages of the infant or the other person for the taking.
R.I. Gen. Laws § 46-2-4 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-4
§ 46-2-4. Applications for federal aid.
Status: in_force

Whenever it shall be necessary to obtain cooperation, assistance, or funds from the United States of America in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for any of the purposes enumerated in § 46-2-2, the director of the department of environmental management, with the approval of the governor, may make all necessary applications therefor to the United States or any agency thereof. All applications shall be made in writing in the name of the state, and shall be signed by the director of the department of environmental management, and shall be countersigned by the governor.
R.I. Gen. Laws § 46-23-30 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-30
§ 46-23-30. Electronic permitting.
Status: in_force

(a) On or before October 1, 2026, the coastal resources management council shall adopt and implement an electronic permitting platform pursuant to § 23-27.3-108.2 to utilize for all applications filed under this chapter. For purposes of this section, electronic permitting means use of computer-based tools and services that automate and streamline the application process to include, but not be limited to, task-specific tools for: applications; submission of plans; documents; reports; plan review; permitting; scheduling; supplemental submissions; project tracking; staff and committee comments; fee calculation and collection.

(b) The state building commissioner, with the assistance of the office of regulatory reform and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may promulgate rules and regulations to implement the provisions of this section.

(c) The coastal resources management council shall charge each applicant an additional one-tenth percent (.1%) of the total application fee for each application submitted. This additional amount shall be transmitted monthly to the state building office and shall be used to staff and support the purchase or lease and operation of a web-accessible service and/or system to be utilized for the uniform, statewide electronic submission, review, and processing of applications for permits and approvals.

(d) On or before October 1, 2026, notwithstanding any other provision of this chapter to the contrary, all acts, requirements, filings, and documents necessary to comply with the application process shall be conducted by means of electronic permitting.

(e) The department of business regulation shall reimburse annual fees and costs associated with compliance with this program in accordance with procedures established by the department.
R.I. Gen. Laws § 46-23-4.1 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-4.1
§ 46-23-4.1. Executive director of coastal resources management.
Status: in_force

The governor shall appoint, with the advice and consent of the senate, an executive director of coastal resources management who shall be an employee of the council and who shall not be a member of the council. The executive director shall coordinate and liaison with the director of the department of environmental management, and the executive directors staff shall be at the same staff level as the other executive directors, and the executive director shall work directly with the other division leaders. The executive director of coastal resources management shall be in the unclassified service. The primary duty and responsibility of the executive director shall be to continue planning for and management of the resources of the states coastal region.
R.I. Gen. Laws § 46-7-4 — RI Code / Title 46 / Chapter 46-7 / Section 46-7-4
§ 46-7-4. Venue of forfeiture actions  Limitation.
Status: in_force

For any offense committed in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point, the action may be brought in the county of Providence or in the county of Kent, and the part of the forfeiture belonging to the United States for the offense shall be paid to the collector of the district of Rhode Island; and for any offense committed in Warren River the action may be brought in the county of Bristol, and the part of the forfeiture belonging to the United States for the offense shall be paid to the collector of the district of Rhode Island; and all forfeitures that may accrue under § 46-7-3 shall be sued for within six (6) months after they shall accrue.
R.I. Gen. Laws § 46-9-14 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-14
§ 46-9-14. Fall River pilots.
Status: in_force

A person holding a Massachusetts pilots license for the port of Fall River may, upon application to the commission and payment of a fee of fifty dollars ($50.00) to the State of Rhode Island and satisfactorily passing an examination given by the commission under this chapter covering those waters in Rhode Island which are normally used by shipping when entering or departing from the port of Fall River, be issued a Rhode Island license limited to those waters of the state for which he or she was examined, and the issuance of this license shall also be subject to such other provisions of this chapter as the commission shall deem applicable; provided, however, that the holder of the license shall not cause any vessel to stop at any Rhode Island port.
R.I. Gen. Laws § 46-25-14 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-14
§ 46-25-14. Annual report.
Status: in_force

In the month of January, the commission shall make an annual report to the governor and to the general assembly of its activities for the preceding fiscal year. Each report shall set forth a complete statement covering its operations during the year.
R.I. Gen. Laws § 46-15-11 — RI Code / Title 46 / Chapter 46-15 / Section 46-15-11
§ 46-15-11. Penalties and remedies.
Status: in_force

(a) It shall be the duty of any person to comply with any order issued pursuant to this chapter. If the person fails to comply with the order within such time, if any, as may be specified, the order may be enforced by the superior court, upon application made by the water resources board.

(b) Any person who willfully or negligently violates any provision of this chapter, or any rule or regulation or other order promulgated by the water resources board, or any condition of any permit issued pursuant to the chapter, is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred ($500) dollars for each separate offense or to imprisonment for a period of not more than one year, or both.

(c) In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any term or condition of any permit issued pursuant to this chapter, the water resources board may assess a civil penalty upon a person for the violation. The penalty may be assessed whether or not the violation was willful or negligent. When the water resources board assesses a civil penalty, it shall inform the person of the amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall, within the thirty (30) day period, file an appeal of the action with the water resources board. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each violation for each separate day and each violation of any provision of this chapter, any rule or regulation under this chapter, any order of the water resources board, or any term or condition of a permit shall constitute a separate and distinct offense under this section.

(d) The penalties and remedies prescribed shall be deemed concurrent, and the existence of or exercise of any remedy shall not prevent the water resources board from exercising any other remedy hereunder.

(e) Violations on separate days shall constitute separate offenses for purposes of this chapter.
R.I. Gen. Laws § 46-10-29 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-29
§ 46-10-29. Provisions limited to wrecks in New Shoreham.
Status: in_force

The provisions of §§ 46-10-14  46-10-28 shall apply only insofar as the director of the department of environmental management may be performing the duties and exercising the powers of the former commissioner of wrecks in New Shoreham.
R.I. Gen. Laws § 46-25-25.5 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-25.5
§ 46-25-25.5. Public access to information.
Status: in_force

(a) Any permit, or permit application, or effluent data shall be available to the public for inspection and copying.

(b) Other records, reports, or information obtained under this section also may be made available to the public for inspection and copying, provided, that upon a showing, satisfactory to the commission, by any person that the records, reports, or information or any part thereof, except as provided in subsection (a), would, if made public, divulge methods or processes entitled to protection as trade secrets of the person, the commission shall consider, treat, and protect the record, report, or information, or part thereof, as confidential; provided, however, that the record, report, or information accorded confidential treatment may be disclosed or transmitted to other officers, employees, or authorized representatives of this state or of the United States concerned with carrying out § 46-25-25 et seq., or when relevant in any proceeding under those sections.
R.I. Gen. Laws § 46-18-12 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-12
§ 46-18-12. Cessation of yearly damages after removal of dam.
Status: in_force

Whenever any plaintiff shall elect to receive the yearly damages awarded him or her as aforesaid, and the millowner shall afterwards remove the matter complained of in the action for which the damages were awarded, the plaintiff or the plaintiffs assigns shall recover the damages for five (5) years after the matter shall be removed and no longer.
R.I. Gen. Laws § 46-3-17 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-17
§ 46-3-17. Title to land acquired  Municipal contributions.
Status: in_force

(a) Whenever any land is purchased or otherwise acquired pursuant to the provisions of this chapter, title to the land shall be taken in the name of the state of Rhode Island and payment therefor shall be made in the first instance by the state from the appropriation provided. At the time the payment is due and payable the municipality for which the land is acquired shall pay to the state its proportionate share of the cost as set forth in § 46-3-6. All moneys so paid to the state by any municipality for the purposes of this chapter shall be received by the general treasurer and by the treasurer deposited in a special fund. All moneys in the special fund shall be expended for the purposes of defraying the cost of land acquisition under the direction and supervision of the director of the department of environmental management with the approval of the governor, and the director is vested hereby with all powers and authority necessary or incident to the purposes of this chapter.

(b) The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment out of the fund of such sum or sums as may be required from time to time upon receipt by the controller of proper vouchers approved by the director of administration.
R.I. Gen. Laws § 46-25-44 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-44
§ 46-25-44. Payment of bond issue expenses, interest, and principal.
Status: in_force

For the purpose of paying any expenses incurred by the general treasurer in the issuance of the bonds or notes under the authority of this chapter, and any interest and any principal becoming payable, from time to time on the bonds or notes issued under the authority of this chapter and then outstanding, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the expenses, interest, and principal out of the fund. In the event that the amount available in the fund is not sufficient for this purpose, a sum sufficient is hereby annually appropriated out of any money in the treasury not otherwise appropriated for the payment of the expenses, interest, and principal.
R.I. Gen. Laws § 46-3-5 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-5
§ 46-3-5. Beach areas classed as exposed  Extent of areas.
Status: in_force

Open beach areas, including spits, dunes, and barrier beaches that are subject to loss of material through high waves, strong currents, or scouring wave action, or beach areas vulnerable to storm damage because of geographical location, are classed as exposed beach areas within the meaning of this chapter. The limits of those exposed beach areas shall be the extent of the natural topography of the land surface, not necessarily co-extensive with political boundaries, and shall include private and public property upon which public money may be spent and public debt incurred for the protection and conservation thereof, and taxes levied to support expenditures for those purposes.
R.I. Gen. Laws § 46-12-9 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-9
§ 46-12-9. Notices of violation and compliance orders.
Status: in_force

(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 specify the system or means to be adopted, the person against whom an order is entered shall, before proceeding to install a system or means, submit to the director a plan or statement describing the system or means that the person proposes to adopt.

(c) Any order or notice issued by the director shall be eligible for recordation under chapter 13 of title 34. The director shall forward the original order or notice to the city or town wherein the subject property is located and the order or notice shall be recorded in the land evidence records in the city or town wherein the subject property is located. Any subsequent transferee of that property shall be responsible for complying with the requirements of the order or notice. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same to the owner of the subject property, which notice shall be similarly eligible for recordation.
R.I. Gen. Laws § 46-22-15.3 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-15.3
§ 46-22-15.3. Process fees as costs  Record of process.
Status: in_force

The fee of five dollars ($5.00), paid by the plaintiff to the administrator of the division of motor vehicles at the time of the service shall be taxed in the plaintiffs costs if he or she prevails in the suit. The administrator of the division of motor vehicles shall keep a record of all such process, which shall show the day and hour of service, and all fees so paid shall be paid over to the general treasurer.
R.I. Gen. Laws § 46-10-19 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-19
§ 46-10-19. Inventory of property wrecked on Block Island  Reimbursement of director.
Status: in_force

The director of the department of environmental management shall on every such occasion take an inventory of all the property that shall come into the directors possession; and whenever required by the owner of the property or the owners agent or by any insurance company or underwriter or other person interested in the property, the director shall make an oath to the truth of the inventory, and shall deliver a copy thereof, together with all the property, to the owner, agent, or other person lawfully authorized to receive it; provided, that there shall be paid or secured to be paid to the director a reasonable compensation for his or her services and expenses, and the customhouse duties and other charges, if any, as he or she shall have paid or become liable to pay on or for the property in question.
R.I. Gen. Laws § 46-3-7 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-7
§ 46-3-7. Designation of exposed areas  Protective works.
Status: in_force

For the purpose of promoting the public health, safety, and general welfare, the city council of any city and the town council of any town, hereinafter referred to as the legislative body, shall have power in accordance with the provisions of this chapter, to designate the exposed beach areas, or portions thereof, requiring attention, and, subject to provisions set forth in this chapter, may construct or cause to be constructed on any lands or interests acquired pursuant to this chapter, at the expense of the municipality, any protective works designed to prevent loss of beach material and the erosion of exposed beaches, and to assess the cost of the protective works upon the owners of property benefiting from the protective works. For the purposes of this chapter, protective works shall include breakwaters, bulkheads, groins, jetties, riprap walls, dunes, filled areas, and other structures or results of construction activities customarily employed to correct, control, or prevent erosion.
R.I. Gen. Laws § 46-15-18 — RI Code / Title 46 / Chapter 46-15 / Section 46-15-18
§ 46-15-18. Relations with other governmental bodies and agencies.
Status: in_force

In order to adequately protect the interests of the state in its water resources, the water resources board is hereby authorized to:

(1) Cooperate with the appropriate agencies of the federal government, of the state or other states, or any interstate bureau, group, division, or agency with respect to the use of ground and surface waters, which are without or wholly or partially contained within this state, and to endeavor to harmonize any conflicting claims which may arise therefrom.

(2) Appear, represent, and act for the state in respect to any proceeding before either a federal or state governmental body or agency where the water resources of the state may be affected, and may do and perform such acts in connection therewith as it deems proper to protect the interests of the state.

(3) Present for the consideration of the congress or officers of the federal government, as occasion requires, the just rights of the state in relation to its waters, and institute and prosecute appropriate actions and proceedings to secure those rights, and defend any action or proceeding calculated to impair those rights.

(4) Facilitate, encourage and support water resources management on a watershed basis, in a manner that supports systems level planning.
R.I. Gen. Laws § 46-3-9 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-9
§ 46-3-9. Cooperative agreements with municipalities.
Status: in_force

(a) Upon the finding that the acquisition of land or interest therein is required for the purpose of this chapter, the department of environmental management shall enter into an agreement with the legislative body to provide for the acquisition of such land or interest as aforesaid in the manner approved for its acquisition and at the price mutually acceptable for its purchase or taking. The agreement shall also set forth the existing or intended use of the exposed beach area to be protected, the scope and method to be employed by the municipality in accomplishing the results desired, and the method and means to be taken by the municipality to finance the cost for its share in acquiring the land and for installing the protective works appropriate for the area. The plans and specifications for the protective works and their construction shall require the approval of the department of environmental management.

(b) The municipality, as a condition precedent to the acquisition of any land to be acquired by the state under the provisions of this chapter shall give satisfactory guaranty to the state that the construction and maintenance of the protective works will be carried out by it as specified in the cooperative agreement.

(c) All contracts and agreements for the purposes of this chapter shall be approved as to form by the attorney general and as to substance by the director of the department of environmental management and the state properties committee.
R.I. Gen. Laws § 46-17-2 — RI Code / Title 46 / Chapter 46-17 / Section 46-17-2
§ 46-17-2. Northeastern water and related land resources compact.
Status: in_force

The governor on behalf of this state is authorized to enter into a compact, substantially in the following form, with the United States of America and with any two (2) or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, and Vermont, and the legislature hereby signifies in advance its approval and ratification of the compact so entered into; the approval and ratification to be effective upon the filing of a copy of the compact in the office of the secretary of state:

The northeastern part of the United States is by virtue of geographic location and other characteristics a great natural resource area which, with more intense use of natural resources, increasingly requires coordinated planning as a basic ingredient of effective resource management and orderly growth of the region. The work of the New England-New York interagency committee demonstrated that a continuation and furtherance of activities such as those undertaken by it would be of great value. To this end, it is the intent of this compact to establish and provide for the operation of a joint agency for the northeast.

It is the purpose of this compact to provide, in the northeastern region, improved facilities and procedures for the coordination of the policies, programs, and activities of the United States, the several states, and private persons or entities, in the field of water and related land resources, and to study, investigate, and plan the development and use of the same and conservation of such water and related land resources; to provide means by which conflicts may be resolved; and to provide procedures for coordination of the interests of all public and private agencies, persons and entities in the field of water and related land resources; and to provide an organization for cooperation in such coordination on both the federal and state levels of government.

There is hereby created the northeastern resources commission, hereinafter called the commission .

The commission shall consist of one member from each party state to be appointed and to serve, in accordance with and subject to the laws of the state which he or she represents, and seven (7) members representing departments or agencies of the United States having principal responsibilities for water and related land resources development to be appointed and to serve in such manner as may be provided by the laws of the United States.

It shall be the responsibility of the commission to recommend to the states and the United States, or any intergovernmental agency, changes in law or policy which would promote coordination, or resolution of problems, in the field of water and related land resources. The efforts of the commission in coordination of work and resolution of conflicts may be directed towards all state and federal activities involved in water and related land resources development responsibilities and shall include coordination of the following:

(1) Collection and interpretation of basic data,

(2) Investigation and planning of water and related land resources projects,

(3) Programming (including scheduling) of water and related land resources construction and development,

(4) Encouraging of the referral of plans or proposals for resources projects to the commission.

The commission shall use qualified public and private agencies to make investigations and conduct research in the field of water and related land resources, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and conduct its own research. The commission may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations, or original research within its purview.

No action of the commission respecting the internal management thereof shall be binding unless taken at a meeting at which a majority of the members are present and vote in favor thereof; provided, that any action not binding for such a reason may be ratified within thirty (30) days by the concurrence in writing of a majority of the commission membership. No action of the commission respecting a matter other than its internal management shall be binding unless taken at a meeting at which a majority of the state members and a majority of the members representing the United States are present and a majority of said state members together with a majority of said members representing the United States vote in favor thereof; provided, that any action not binding for such a reason may be ratified within thirty (30) days by the concurrence in writing of a majority of the state members and the concurrence in writing of a majority of the members representing the United States.

A. The commission shall submit to the governor or designated officer of each party state a request for funds to cover estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. Any such request shall indicate the sum or sums which the commission has requested or intends to request be appropriated by the United States for the use or support of the commission during the period covered thereby.

B. With due regard for such monies and other assistance as may be made available to it, the commission shall be provided with such funds by each of the several states participating therein to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the commission.

With due allowance for monies otherwise available, each budget of the commission shall be the responsibility of the party states, to be apportioned among them on a weighted formula based fifty percent (50%) on population and fifty percent (50%) on gross land area, such population and gross land area to be determined in accordance with the last official United States census of population, but provided that the total contributions of all of the states shall not be required to exceed fifty thousand dollars ($50,000) annually and provided further that regardless of the number of states party to the compact at any time the maximum annual contribution required of any state shall not exceed its share of the fifty thousand dollars ($50,000) as determined above. Any state may contribute such funds in excess of its share, as determined above, as it may desire.

C. The commission shall not pledge the credit of any jurisdiction. The commission may meet any of its obligations in whole or in part with funds available to it under article VIII(E) of this compact, provided that the commission takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in such manner.

D. The members of the commission shall be paid by the commission their actual expenses incurred and incident to the performance of their duties, subject to the approval of the commission.

E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited by a qualified public accountant and the report of the audit shall be included in and become a part of the annual report of the commission.

F. The accounts of the commission shall be open at any reasonable time for inspection by such agency, representative, or representatives of the jurisdictions which appropriate funds to the commission.

A. The commission may sue and be sued, and shall have a seal.

B. The commission shall elect annually, from among its members, a chairperson, vice chairperson and treasurer. The commission shall appoint an executive director who shall also act as secretary, and together with the treasurer, shall be bonded in such amounts as the commission may require.

C. The commission shall appoint and remove or discharge such personnel as may be necessary for the performance of its functions irrespective of any civil service laws which might otherwise apply. The commission shall establish and maintain, independently, by contract or agreement with the United States or an agency thereof, or in conjunction with any one or more of the party states, suitable retirement programs for its employees. Employees of the commission shall be eligible for social security coverage in respect to old age and survivors insurance provided that the commission takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the commission terms and conditions of employment similar to those enjoyed by employees of the party states generally.

D. The commission may borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any intergovernmental agency, or from any institution, person, firm or corporation.

E. The commission may accept for any of its purposes and functions under this compact any and all appropriations, donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or intergovernmental agency, or any institution, person, firm or corporation, and may receive, utilize and dispose of the same.

F. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may accept, hold, and convey real and personal property and any interest therein.

G. The commission may adopt, amend, and rescind bylaws, rules, and regulations for the conduct of its business.

H. The commission shall make and transmit annually, to the legislature and governor of each party state, and to the president and congress of the United States, a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been adopted by the commission. The commission may issue such additional reports as it may deem desirable.

Nothing in this compact shall be construed to impair, or otherwise affect, the jurisdiction of any interstate agency in which any party state participates nor to abridge, impair, or otherwise affect the provisions of any compact to which any one or more of the party states may be a party, nor to supersede, diminish, or otherwise affect any obligation assumed under any such compact. Nor shall anything in this compact be construed to discourage additional interstate compacts among some or all of the party states for the management of natural resources, or the coordination of activities with respect to a specific natural resource or any aspect of natural resource management, or for the establishment of intergovernmental planning agencies in sub-areas of the region. Nothing in this compact shall be construed to limit the jurisdiction or activities of any participating government, agency, or officer thereof, or any private person or agency.

A. This compact shall become effective when entered into and enacted into law by any three (3) of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont, and when the United States has provided by law for the designation of its representation on the commission. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law.

B. Upon consent of the congress of the United States of America, any other state in the northeastern area may become a party to this compact, by entering into and enacting this compact into law.

This compact shall continue in force and remain binding upon each party state until renounced by it. Renunciation of this compact must be preceded by sending three (3) years notice in writing of intention to withdraw from the compact to the governor of each of the other states party hereto and to such officers or agencies of the United States as may be designated by federal law.

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be unconstitutional, or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to any other state, agency, person or circumstance shall not be affected thereby. It is the legislative intent that the provisions of this compact be reasonably and liberally construed.
R.I. Gen. Laws § 46-16-2 — RI Code / Title 46 / Chapter 46-16 / Section 46-16-2
§ 46-16-2. Appointment of commissioners  Expenses  Powers and duties.
Status: in_force

The governor shall appoint five (5) commissioners to the New England interstate water pollution control commission, who shall serve at the pleasure of the governor, one of whom shall represent the department of health and one of whom shall represent the department of environmental management. The commissioners shall serve without compensation, but shall be paid their actual expenses incurred and incident to the performance of their duties. The commissioners shall have the powers and duties and be subject to the limitations set forth in § 46-16-1.
R.I. Gen. Laws § 46-18-5 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-5
§ 46-18-5. Appraisal of future yearly damages.
Status: in_force

The jury shall also appraise the damages that the plaintiff ought yearly to receive and recover of the defendant, his or her heirs and assigns, or owners of the dam, from the date of the plaintiffs action until five (5) years after the dam shall be removed by the defendant, or his or her heirs or assigns.
R.I. Gen. Laws § 46-25-47 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-47
§ 46-25-47. Applicability of election laws.
Status: in_force

All laws relating to elections, as set forth in title 17 as amended, shall as far as consistent herewith, apply to the election authorized hereunder.
R.I. Gen. Laws § 46-12-39 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-39
§ 46-12-39. Discharge of sewage from boats.
Status: in_force

(a) It shall be unlawful to discharge any sewage from a boat into the waters of the state unless discharged via a marine toilet which is either a marine sanitation device-type I, or a marine sanitation device-type II, in proper working condition.

(b) It shall be unlawful to discharge any sewage from a boat into the waters of the state in an area which has been declared to be a no discharge zone.

(c) It shall be unlawful to operate or moor in the waters of the state, a boat which is equipped with a marine toilet which is not a type approved pursuant to the Clean Water Act, 33 U.S.C. § 1251 et seq., and that is in proper working condition.

(d) It shall be unlawful to operate or moor in the waters of the state in an area declared to be a no discharge zone, a boat which is equipped with a marine toilet which is not properly sealed to prevent discharge of sewage into the water.

(e) No discharge zones shall be identified by the department of environmental management. The department of environmental management shall utilize criteria established under the Federal Water Pollution Control Act of 1972 (Water Quality Act), 33 U.S.C. § 1251 et seq., and 40 CFR 140.4 in identifying such areas, and shall be the sole agency of the state in seeking federal designation of such areas; it shall seek the advice and comment of the Coastal Resources Management Council (CRMC). Municipalities of the state may nominate areas for designation as no discharge zones only as an element of a Harbor Management Plan (HMP) approved by the CRMC in accordance with established regulation.
R.I. Gen. Laws § 46-28-9 — RI Code / Title 46 / Chapter 46-28 / Section 46-28-9
§ 46-28-9. Annual council report and special reports.
Status: in_force

(a) Annual report. The council shall make an annual report to the governor and the general assembly on or before February 1 of each year. The report shall include a summary of the activities of the council and of each designated local watershed council and a consolidated financial statement of all funds received by and expended by the rivers council during the reporting period.

(1) Within ninety (90) days after the end of each fiscal year, the council shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a summary of the activities of each designated local watershed; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the authority of the council; a summary of any training courses held pursuant to subsection 46-28-7(13); a briefing on anticipated activities in the upcoming fiscal year; findings and recommendations for improvements; and a summary of progress made by the council in the implementation of the system-level plan as described in § 46-31-5.

(2) The report shall be posted electronically as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision.

(b) Special reports. The council shall prepare such special reports as may be requested by the general assembly, or either branch thereof, the governor, or as may be determined by the council.
R.I. Gen. Laws § 46-24-4 — RI Code / Title 46 / Chapter 46-24 / Section 46-24-4
§ 46-24-4. Compensation of board and agents.
Status: in_force

Each member of the board shall receive an annual salary not to exceed five hundred dollars ($500) per year and shall be entitled to reimbursement of his or her actual and necessary expenses incurred in the performance of his or her official duties. The salaries, compensation, and expenses of all members, officers, employees, and agents shall be paid solely out of the funds of the authority.
R.I. Gen. Laws § 46-14-8 — RI Code / Title 46 / Chapter 46-14 / Section 46-14-8
§ 46-14-8. Penalties.
Status: in_force

(a) Civil penalty. Any person who violates the provisions of this chapter, or any rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each day during which the violation occurs.

(b) Criminal penalty. (1) Any person who shall be found guilty of violating, willfully or with criminal negligence, any of the provisions of this chapter, or of any rule, or regulation issued pursuant thereto, or an order of the director, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued. (2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each instance of violation or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
R.I. Gen. Laws § 46-23-20.3 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-20.3
§ 46-23-20.3. Prehearing procedure.
Status: in_force

(a) Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the names and addresses of witnesses that the party intends to produce in its direct case, together with a short statement of the testimony of each witness. Following entry of an order, a party shall not be permitted, except in the discretion of the hearing officer, to introduce into evidence, in the partys direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing officer may designate a date before which he or she requires any party to specify what issues are conceded, and further proof of conceded issues shall not be required. The hearing officer shall also require the parties to simplify the issues, to consider admissions of fact and of documents which will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall enter an order reciting the concessions and agreements made by the parties, and shall enter an order on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing shall be conducted by the order.

(b) The hearing officer may also order the parties to file, prior to the commencement of any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony to the hearing officer and the opposing party or the opposing counsel by such date as the hearing officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of the witness; provided, however, that the witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.

(c) The council, with the assistance of the chief hearing officer, shall promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed necessary, including the use of portions of the superior court civil rules of discovery where such are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of title 42.
R.I. Gen. Laws § 46-25-21.1 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-21.1
§ 46-25-21.1. Petition in superior court for relief from assessment.
Status: in_force

(a) Any person aggrieved on any ground whatsoever by any sewer use fee, charge, or assessment against him or her may within three (3) years after the first day designated for the payment of the sewer use fee, charge, or assessment, or the first installment thereof, if payable in installments, file an appeal with the Narragansett Bay water quality management district commission, and within sixty (60) days after a final decision of the commission appeal, where the person has timely appealed the assessment, file a petition in the superior court for the county in which the property lies for relief from the sewer use fee, charge, or assessment, to which petition the commission shall be made a party respondent; provided, however, that all such appeals must be made no later than six (6) months after the person assessed the fee has transferred the property to a third party.

(b) For the purpose of this section, an aggrieved person shall be the person who has been assessed the sewer use fee, charge or assessment that is being contested. The right to contest an assessment shall be personal to the person assessed and shall not be assignable or transferable.

(c) This remedy shall be exclusive. Any person alleging an illegal, erroneous, incorrect, or void fee, charge, or assessment against him or her shall be confined to the remedies stated herein. No petition shall, before judgment, stay any proceedings for collecting the sewer use fee, charge, or assessment. The Narragansett Bay water quality management district commission may promulgate regulations to effectuate this provision and to eliminate frivolous appeals. No appeal shall be heard if the appeal is based on the rates set by the public utilities commission.
R.I. Gen. Laws § 46-13-19 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-19
§ 46-13-19. Variances and exemptions.
Status: in_force

The director may authorize variances or exemptions from the regulations adopted pursuant to this chapter under conditions and in such manner as he or she deems necessary and desirable; provided, however, that the variances or exemptions are permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the federal Safe Drinking Water Act, P.L. 93-523, and any amendments thereto, 42 U.S.C. § 300f et seq.
R.I. Gen. Laws § 46-14-9 — RI Code / Title 46 / Chapter 46-14 / Section 46-14-9
§ 46-14-9. Rules and regulations.
Status: in_force

The director of the department of health may promulgate such rules and regulations as shall be deemed necessary to effect the provisions of this section.
R.I. Gen. Laws § 46-16-10 — RI Code / Title 46 / Chapter 46-16 / Section 46-16-10
§ 46-16-10. Limitations.
Status: in_force

Unless otherwise conferred by law, the commission shall not have power to issue permits or licenses in connection with the discharge or treatment of wastes, or pass upon plans or specifications for particular waste treatment or collection equipment or facilities.
R.I. Gen. Laws § 46-6-12 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-12
§ 46-6-12. Sale of object removed to pay cost of removal.
Status: in_force

If the cost and expenses of removing a vessel or other obstruction as aforesaid are not paid or repaid by some owner or other person liable therefor within ten (10) days after the removal is completed, the director of the department of environmental management may sell the vessel or other obstruction, or the materials and appurtenances thereof, at public or private sale, and the net proceeds of the sale shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state and deducted from the amount to be repaid or recovered as provided in § 46-6-11.
R.I. Gen. Laws § 46-12-22 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-22
§ 46-12-22. Access of enforcement officers to premises.
Status: in_force

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 be discharging to the waters or who is believed to be discharging to a publicly owned treatment works, and inspect the same or any part thereof, have access to and copy any records required to be maintained, inspect any monitoring equipment or monitoring method which is required, and have access to and sample any discharges. Any person obstructing, hindering, or in any way causing to be obstructed or hindered the director of the department of environmental management, the attorney general, or any of their agents in the performance of his or her duties, or who shall refuse to permit the director, the attorney general, or any of their agents entrance into any premises, buildings, plant, or equipment, or other places belonging to or controlled by the person, in the performance of his or her duties as such, shall be subject to the civil and criminal penalties set forth in §§ 46-12-13 and 46-12-14.
R.I. Gen. Laws § 46-14-1 — RI Code / Title 46 / Chapter 46-14 / Section 46-14-1
§ 46-14-1. Contamination of drinking water sources prohibited.
Status: in_force

Bathing, swimming, discharge of any sewage or drainage or refuse or polluting matter which may pollute or corrupt or impair the purity or quality of a public drinking water supply or which renders the water supply injurious to health or poses a potential significant risk to public health and any activity which leads to such discharge in, or on, or in the immediate vicinity of any water body used as a source of public drinking water supply shall be prohibited. In addition, any other activity in or on or in the immediate vicinity of any water body used as a source of public drinking water supply which the director of the department of health deems to render the water supply injurious to health or to pose a potential significant risk to public health shall be prohibited or restricted. Any person violating any of the provisions of this section shall be penalized pursuant to the provisions of § 46-14-8. The prohibition against bathing shall not apply to any camp or bathing resort located on a known tributary of any of the above-mentioned waters if such camp or bathing resort was licensed by the department of health prior to June 20, 1968.
R.I. Gen. Laws § 46-3-11 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-11
§ 46-3-11. Municipal bonds authorized.
Status: in_force

For the purpose of financing the municipalitys share of the cost of acquiring any land or interest therein needed and for defraying the cost of the construction or installation of any structures or facilities approved for the control of beach erosion, the legislative body is authorized and empowered to issue bonds under the corporate name and seal of the municipality, bearing not more than six percent (6%) interest, per annum, payable semiannually, at such times not exceeding the normal expected life of the construction or installation of the kind and sort employed, and for such sum as may be authorized by the vote of the electors not in excess of an aggregate amount of three hundred thousand dollars ($300,000) outstanding at any one time. The bonds shall be obligatory upon the municipality in the same manner and to the same extent as other debts lawfully contracted by the municipality. The provisions of §§ 45-12-2 and 45-12-11 shall not apply to any bonds issued by any municipality under the provisions of this chapter.
R.I. Gen. Laws § 46-22-23 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-23
§ 46-22-23. Maximum speed within the city of Warwick.
Status: in_force

The Warwick park and waterfront development commission is hereby authorized to establish maximum speed limits for boats in the public harbors of the city of Warwick at five (5) miles per hour. Any speed limits duly established by the commission, pursuant hereto, shall have the force and effect of law, and a violation thereof shall be a misdemeanor.
R.I. Gen. Laws § 46-23-20.5 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-20.5
§ 46-23-20.5. Ex parte consultations.
Status: in_force

Council members shall have no communication directly or indirectly, with a hearing officer relating to any issue of fact or of law on any matter then pending before the hearing officer.
R.I. Gen. Laws § 46-10-24 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-24
§ 46-10-24. Publication of notice of wreck found on Block Island.
Status: in_force

The director of the department of environmental management, as soon as may be after the directors arrival at the place where any wreck or goods shall be found, shall publish the particulars of the shipwreck and of the goods found, with such other material facts as the director shall ascertain, in the newspapers published in the city of Newport, in order that knowledge thereof may be given as soon as possible to the owner, agent, or person interested; and if the director shall neglect so to do, he or she shall forfeit fifty dollars ($50.00), to be recovered in an action at the suit of the owner, agent, or other person interested, to his or her own use.
R.I. Gen. Laws § 46-10-9 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-9
§ 46-10-9. Sale of property to pay duties.
Status: in_force

The commissioner may, within thirty (30) days after taking into his or her custody the property so found, sell at public auction so much thereof as shall be sufficient to pay all duties thereon, which he or she shall have paid or for which he or she shall become liable to the customhouse.
R.I. Gen. Laws § 46-5-14 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-14
§ 46-5-14. Operation of facilities for public use.
Status: in_force

When any of the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof built, constructed, improved, or acquired by the department, shall have been completed and shall be ready for use, the director may, in his or her discretion, open the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof, to public use, and the director may employ such engineers, assistants, agents, clerks, and other persons as the director may deem necessary for the care, management, and maintenance of the wharves, piers, bulkheads, slips, docks, basins, and other property, and for the promotion and development of the public use thereof, and the general assembly shall annually appropriate such sum as it may deem necessary for the purposes enumerated in this section.
R.I. Gen. Laws § 46-25-24 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-24
§ 46-25-24. Appropriation of revenues.
Status: in_force

Except as provided in § 46-25-18, all moneys received by the commission for the use of the facilities of the project, shall be paid over to the executive director of the commission and deposited by him or her in the fund. All moneys in the fund are hereby appropriated, in addition to all other sums appropriated by the provisions of this chapter, to be expended by the commission for administration and all other expenses relating to the planning, constructing, equipping, operation, and maintenance of the project. Any unexpended balance remaining in the fund at the end of any fiscal year shall be carried forward and made available for expenditure in the succeeding fiscal years.
R.I. Gen. Laws § 46-4-8 — RI Code / Title 46 / Chapter 46-4 / Section 46-4-8
§ 46-4-8. Authority reserved to the state director of the department of environmental management.
Status: in_force

The provisions of §§ 46-4-5  46-4-7 shall not supersede the authority and jurisdiction over the public tidewaters of this state which are vested in the state director of the department of environmental management under this title.
R.I. Gen. Laws § 46-25-22.1 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-22.1
§ 46-25-22.1. Shut off of water supply for nonpayment of sewer user fees, charges, and assessments.
Status: in_force

(a) Notwithstanding the provision of § 46-25-22, the commission is authorized to order any water supplier which services any person assessed by the commission pursuant to § 46-25-22 to terminate the water supply service of any person for nonpayment of sewer user fees, charges, and assessments. The commission will abide by the rules and regulations of the public utilities commission governing water shut-offs.

(b) Upon notification by the commission to terminate service, the water supplier shall within fourteen (14) days terminate said service and notify the commission that said termination has occurred. Upon notification by the commission, the water supplier shall restore the water supply in accordance with the water suppliers policy on water supply restoration.

(c) The commission shall have the authority to assess any person any fees, charges and assessments affiliated with the shut off and restoration of service.

(d) When service is provided to a residence occupied by a tenant, the tenant may, after paying the fees, charges and assessments in order to restore or prevent termination of service, deduct the amount paid from the rent due the landlord. The tenant shall provide the landlord with a copy of the receipt from the commission when making a deduction from the rent.
R.I. Gen. Laws § 46-24-18 — RI Code / Title 46 / Chapter 46-24 / Section 46-24-18
§ 46-24-18. Funding of authoritys operations.
Status: in_force

The cost of the operation of the authority shall be borne equally by the member towns and cities, and they shall each annually appropriate a sum sufficient to pay its proportionate share of the operation of the authority.
R.I. Gen. Laws § 46-10-26 — RI Code / Title 46 / Chapter 46-10 / Section 46-10-26
§ 46-10-26. Sale of property subject to reduction in value.
Status: in_force

Whenever the property wrecked on Block Island may be much reduced in value by keeping it for one year, and no owner, agent or other person interested therein shall appear to claim it within sixty (60) days after it shall have been taken into the custody of the director of the department of environmental management, the director shall advertise the property in the public newspapers in the city of Newport and shall sell the property by auction to the best advantage.
R.I. Gen. Laws § 46-19-8 — RI Code / Title 46 / Chapter 46-19 / Section 46-19-8
§ 46-19-8. Appropriations and disbursements.
Status: in_force

The general assembly shall annually appropriate such sum as it may deem necessary, to pay all necessary expenses incurred by the director of the department of environmental management in the discharge of the directors duties; and the state controller is hereby authorized and directed to draw his or her orders on the general treasurer from time to time for such sums as may be necessary, upon the presentation of properly authenticated vouchers.
R.I. Gen. Laws § 46-25-12 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-12
§ 46-25-12. Interests in land taken.
Status: in_force

Any taking under this chapter may be in fee or otherwise, perpetual in duration or for a limited period of time, as the commission shall determine and set forth in the order of taking.
R.I. Gen. Laws § 46-6-14 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-14
§ 46-6-14. Commissioner of wrecks not liable for cost  Application of property held.
Status: in_force

A commissioner of wrecks and shipwrecked goods shall not be liable to the provisions of this chapter by reason of anything done by the commissioner in discharge of his or her office as the commissioner; but he or she shall, upon notice and request by the director of the department of environmental management, retain and apply so much of the property in his or her possession appertaining to a wrecked vessel, or of the proceeds thereof, as may be necessary to provide for the removal of the vessel so that the vessel shall not be an obstruction in tidewaters.
R.I. Gen. Laws § 46-16-7 — RI Code / Title 46 / Chapter 46-16 / Section 46-16-7
§ 46-16-7. Commission to act independently in some circumstances.
Status: in_force

To the extent that the authority conferred upon the commission by this chapter is not otherwise exercisable by the commission under the provisions of the New England Interstate Water Pollution Control Compact, the commission shall not require the financial or other support of the program or programs, authorized hereby, by any state not having enacted legislation substantially similar to this chapter.
R.I. Gen. Laws § 46-23-7.1 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-7.1
§ 46-23-7.1. Administrative penalties.
Status: in_force

Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to § 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative penalty by the chairperson or executive director in accordance with the following:

(1) The chairperson or executive director is authorized to assess an administrative penalty of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized to assess additional penalties of not more than one thousand ($1,000) for each day during which this violation continues after receipt of a cease-and-desist order from the council pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner or person committing the violation shall be notified by certified mail or personal service that a penalty is being assessed. The notice shall include a reference to the section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to constitute the violation; a statement of the amount of the administrative penalty assessed; and a statement of the partys right to an administrative hearing.

(2) The party shall have twenty-one (21) days from receipt of the notice within which to deliver to the council a written request for a hearing. This request shall specify in detail the statements contested by the party. The executive director shall designate a person to act as hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the council shall issue a final order assessing the penalty specified in the notice. The penalty is due when the final order is issued. If the party shall request a hearing, any additional daily penalty shall not commence to accrue until the council issues a final order.

(3) If a violation is found to have occurred, the council may issue a final order assessing not more than the amount of the penalty specified in the notice. The penalty is due when the final order is issued.

(4) The party may within thirty (30) days appeal the final order, of fine assessed by the council to the superior court which shall hear the assessment of the fine de novo.
R.I. Gen. Laws § 46-11-1 — RI Code / Title 46 / Chapter 46-11 / Section 46-11-1
§ 46-11-1. Taking of seaweed by inhabitants of Barrington.
Status: in_force

The inhabitants of the town of Barrington may, at all times between the rising and setting of the sun, take up and carry off from the public beach in Barrington, extending west from Hydes Hole to land now or formerly of the heirs of John Watson, with their vehicles, not exceeding two (2) loads of seaweed each in any one day; provided, that no person shall take more than one load of seaweed in any one day, until all who have repaired to the beach with their teams shall have obtained one load each.
R.I. Gen. Laws § 46-22-20 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-20
§ 46-22-20. Severability.
Status: in_force

The provisions of this chapter shall be severable and, if any of the provisions shall be held invalid, the decision of the court respecting that provision or provisions shall not affect the validity of any other provision which can be given effect without that invalid provision.
R.I. Gen. Laws § 46-5-4 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-4
§ 46-5-4. Service and publication of notice of taking of land.
Status: in_force

After the filing of the description, plat, and statement, notice of the taking of such land shall be served upon the owner of or persons having an estate and interest in such land by the sheriff or any deputy sheriff for the county in which such land is situated by leaving a true and attested copy of the description and statement with each of the owners or persons personally, or at his or her last usual place of abode in this state with some person living there, and in case any such owner or person is absent from the state and has no last or usual place of abode therein occupied by any person, a copy shall be left with the persons, if any, in charge of or having possession of such land of the absent owner or person, and another copy thereof shall be mailed to the address of the absent owner or person if the address is known to the officer, and after the filing of the description, plat, and statement, the department of environmental management shall cause a copy of the description and statement to be published in some newspaper or newspapers published or having general circulation in the county where such land is located at least once a week for three (3) successive weeks.
R.I. Gen. Laws § 46-6-15 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-15
§ 46-6-15. Duty of commissioners of wrecks and harbormasters to give notice of obstructions.
Status: in_force

It shall be the duty of commissioners of wrecks and shipwrecked goods, and of harbormasters, to give immediate notice to the department of environmental management of all shipwrecks occurring in tidewaters of their respective towns and harbors and of any obstructions existing therein.
R.I. Gen. Laws § 46-13-2 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-2
§ 46-13-2. Definitions.
Status: in_force

For the purpose of this chapter, the following definitions shall apply:

(1) Director means the director of the department of health or a subordinate to whom the director has assigned his or her functions.

(2) Person means and includes an individual, partnership, association, or corporation, or any town or city or any agency thereof, or the state or any agency thereof, or any other legal entity.

(3) Public water supply system means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year;

(i) Any collection, treatment, storage and distribution facilities under control of the operator of the system used primarily in connection with the system; and

(ii) Any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with the system.

(4) Safe and potable means suitable or fit for human consumption as drinking water.
R.I. Gen. Laws § 46-2-1 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-1
§ 46-2-1. Application for federal harbor appropriations.
Status: in_force

The director of the department of environmental management may apply to Congress, whenever he or she deems it necessary, for appropriations for protecting and improving any harbor in the state.
R.I. Gen. Laws § 46-22-7 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-7
§ 46-22-7. Boat liveries.
Status: in_force

(a) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him or her to be operated as a motorboat; the identification number thereof; and the departure date and time, and the expected time of return. The record shall be preserved for at least six (6) months.

(b) Neither the owner of a boat livery nor his or her agent or employee shall permit any motorboat or any vessel designed or permitted by him or her to be operated as a motorboat to depart from his or her premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to § 46-22-5, and any rules and regulations made pursuant thereto.
R.I. Gen. Laws § 46-22-25 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-25
§ 46-22-25. Regulations.
Status: in_force

The director is authorized to promulgate rules and regulations necessary for the enforcement or implementation of this chapter.
R.I. Gen. Laws § 46-6-16 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-16
§ 46-6-16. Application for federal reimbursement of expenses.
Status: in_force

It shall be the duty of the department of environmental management to make application in behalf of the state for the reimbursement of any sums expended under this chapter, which in the opinion of the director of the department of environmental management might properly be paid by the United States.
R.I. Gen. Laws § 46-12-30.2 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-30.2
§ 46-12-30.2. Definitions and guidelines for replacement and periodic inspection of tanks.
Status: in_force

(a) All definitions and guidelines for replacement and periodic inspection of tanks shall be developed by the director of the department of environmental management in conjunction with the directors efforts to promulgate regulations for underground storage facilities used for petroleum products and hazardous materials, to be promulgated under the authority of this chapter and chapters 17.1 and 35 of title 42.

(b) The regulations shall require that all federally regulated underground storage tanks used for petroleum products and subject to registration in this state shall be inspected at least once in each thirty-six (36) month period.

(c) Any funds remaining in the underground storage tank replacement revolving loan program account after repeal of § 46-12-30.3 shall be used in accordance with the provisions of subsections (a) and (b) of this section and any rules and regulations promulgated therein.
R.I. Gen. Laws § 46-2-13 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-13
§ 46-2-13. Payment for property taken.
Status: in_force

Whenever any property or estate or rights of property shall be taken under the provisions of § 46-2-12, the owner thereof, including all persons having property rights therein, shall be paid therefor according to their respective interests, by the city or town taking the same.
R.I. Gen. Laws § 46-32-6 — RI Code / Title 46 / Chapter 46-32 / Section 46-32-6
§ 46-32-6. Surface water quality action levels for per- and polyfluoroalkyl substances.
Status: in_force

On or before December 31, 2023, the director of the department of environmental management shall file under § 42-35-4 a final rule with the secretary of state to adopt surface water quality action levels to address the contamination of Rhode Island waters from releases of, at a minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).
R.I. Gen. Laws § 46-12-17 — RI Code / Title 46 / Chapter 46-12 / Section 46-12-17
§ 46-12-17. Proceedings for enforcement.
Status: in_force

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, and in any proceedings in which the director or the attorney general seeks injunctive relief, it shall not be necessary to show that without the relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to and may be utilized in lieu of other administrative or judicial proceedings authorized by this chapter.
R.I. Gen. Laws § 46-15-9 — RI Code / Title 46 / Chapter 46-15 / Section 46-15-9
§ 46-15-9. Powers of health department and department of environmental management not affected.
Status: in_force

Nothing contained herein shall be construed to affect the powers granted to the department of health and the department of environmental management pursuant to chapters 12  14 and chapter 16 of this title.
R.I. Gen. Laws § 46-24-5 — RI Code / Title 46 / Chapter 46-24 / Section 46-24-5
§ 46-24-5. Officers and employees of board.
Status: in_force

The chairperson of the board shall be selected by the majority vote of the members of the board. The board shall appoint a secretary and treasurer who may, or may not, be members of the board and such other employees as may be necessary in its judgment and fix their compensation.
R.I. Gen. Laws § 46-23-6.1 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-6.1
§ 46-23-6.1. Newport cliff walk  Public right-of-way  Legal studies.
Status: in_force

The council is hereby directed to carry out any and all legal studies which it shall deem necessary in order to designate the Newport cliff walk, so called, as a public right-of-way pursuant to § 46-23-6(5).
R.I. Gen. Laws § 46-5-1.1 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-1.1
§ 46-5-1.1. Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area.
Status: in_force

(a) It is the policy of the state of Rhode Island that the states permission to fill tidelands is separate and distinct from the states granting of a right, title, or interest in and to the resulting filled area. Furthermore, it is the policy of the state of Rhode Island that the state permission to use tidal lands is separate and distinct from the states conveyance of its fee title estate, or any real estate interest, in the tidal lands. Any title to a free hold estate may be conveyed only by a valid legislative grant for public trust purposes by direct enactment of the general assembly as specified in this chapter. Moreover, any leasehold interest or license to use those lands may only arise under the authority of the general assembly whether exercised by the general assembly itself or exercised pursuant to a valid delegation to a duly authorized instrumentality of the state. Any state permission to use tidal lands belonging to the state shall be deemed to create only a revocable license interest unless a greater interest is clearly intended by the permission and the requirements of this chapter for the creation of that greater interest are met.

(b) It is intended that there shall be no acquiring of any right or title whatsoever to these public lands by adverse possession or by a acquiescence of the sovereign. It is further intended that there shall be no acquiring of any right or title to any freehold estate to these public lands by any permit or approval to conduct fill activity, however denominated or manifested, or by any other means, including through the leasing and licensing of these public lands, except solely by grant and enactment of the general assembly as provided in this chapter for a use that benefits the public under the public trust doctrine. Without impairing any right, title, or interest that may have previously vested, any placement of fill to a harbor line or other filling of tidal lands, which has not been commenced and completed as of the date of the enactment of this section [July 18, 2000], shall not be effective as conveying the states title nor as a limitation on the public trust.

(c) Nothing in this section shall be construed to limit, impair, increase, or add to the ownership rights or title in any filled lands which vested prior to the enactment of this section [July 18, 2000].
R.I. Gen. Laws § 46-14-2 — RI Code / Title 46 / Chapter 46-14 / Section 46-14-2
§ 46-14-2. Order to remove polluting matter from premises.
Status: in_force

(a) The director of health, when satisfied that any sewage, drainage, refuse, or polluting matter exists in a locality such that there is danger that the sewage, drainage, refuse, or polluting matter may pollute, or corrupt, or impair the purity or quality of any of the waters described in § 46-14-1 or render them injurious to health, or pose a potential significant risk to public health may order the owner or occupant of the premises where the sewage, drainage, refuse, or polluting matter exists, to remove the same from the premises or to take such other steps as the director may deem necessary and within such time after the serving of the notice prescribed in § 46-14-3 as the director may designate; and if the owner or occupant neglects or refuses to do so he or she shall be penalized pursuant to § 46-14-8.

(b) The provision of this section shall not interfere with nor prevent the enriching of land for agricultural purposes by the owner or occupant thereof, if no human excrement is used thereon, and no pollution, corruption, or impairment of the purity or quality of any of the waters described in § 46-14-1 results, and if the waters are not rendered injurious to health.
R.I. Gen. Laws § 46-13-5 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-5
§ 46-13-5. Disinfection and water analyses.
Status: in_force

All newly constructed public water supply systems, or additions to existing systems, shall be flushed and adequately disinfected, and the water analyzed in accordance with the requirements of the director before being placed in service.
R.I. Gen. Laws § 46-22-9 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-9
§ 46-22-9. Prohibited operation.
Status: in_force

(a) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device in a reckless manner so as to endanger the life, limb, or property of another.

(b) No person shall operate any motorboat or vessel or manipulate any water skis, surfboard, or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana. A person arrested and charged with operating any motorboat or vessel, or manipulating any water skis, surfboard, or similar device, while under the influence of intoxicating liquor or narcotic or habit-forming drugs, shall have the right to be examined at his or her own expense immediately after his or her arrest, by a physician selected by him or her, and the officer so arresting or so charging that person shall immediately inform that person of this right and afford him or her a reasonable opportunity to exercise this right, and at the trial of that person the prosecution must prove that he or she was so informed and was afforded the opportunity.

(c) No person shall operate a motorboat or vessel within a water area, which has been clearly marked, in accordance with, and as authorized by, the laws of the state, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area; provided, that this section shall not apply in the case of an emergency, or to patrol or rescue craft. The department of environmental management, is hereby authorized to establish maximum speeds for boats in the public harbors in the state of Rhode Island at five (5) miles per hour, no wake. Any such speed limits duly established by the department of environmental management, pursuant hereto, shall have the full force and effect of law, and a violation thereof shall be a misdemeanor in accordance with the penalties enumerated in § 46-22-19(3).

(d) No person shall operate any motorboat, vessel, or seaplane in a manner which shall unreasonably or unnecessarily interfere with any other motorboat, vessel, or seaplane, or with the free and proper navigation of the waterways of the state. Anchoring under bridges or in heavily traveled channels shall constitute interference if unreasonable under the prevailing circumstances.

(e) No motorboat, vessel, or seaplane shall be docked or made fast to any pier, wharf, or other shore structure without the consent of the owner thereof, except in the case of an emergency.
R.I. Gen. Laws § 46-6-11 — RI Code / Title 46 / Chapter 46-6 / Section 46-6-11
§ 46-6-11. Liability for cost of removing obstruction  Action for recovery.
Status: in_force

The owner of any vessel or of an interest in any vessel willfully or maliciously wrecked, sunken, or abandoned and removed as provided in § 46-6-10, whether owning, at the time the vessel first became an obstruction, or at any subsequent time before the removal is completed, and all persons having or exercising any control over the vessel or any part thereof, and, in the case of any other obstruction so removed, the person or persons originally building, depositing, or causing the obstruction, or at the time of the removal, or at any time prior thereto, owning, maintaining, or using the obstruction in whole or in part, shall be liable to pay the cost and expenses of the removal, or to repay the cost when paid out of the derelict and abandoned vessel and obstruction removal account or treasury as aforesaid; and the cost may be recovered in a civil action brought by the director in the name of the state against the owners or other persons, or against any one or more of them. The attorney general shall conduct and commence the suits. All moneys so repaid or recovered shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state. Any person who pays on a judgment or otherwise more than his or her proportional part of the costs and expenses aforesaid, shall have a claim for contribution against all other parties liable therefor according to their respective interests.
R.I. Gen. Laws § 46-1-4 — RI Code / Title 46 / Chapter 46-1 / Section 46-1-4
§ 46-1-4. Expenses  Employment of personnel.
Status: in_force

The director of the department of environmental management may incur such expenses and employ such superintendents, engineers, draftspersons, assistants, agents, watchpersons, clerks, and other persons as the director may deem necessary to enable the department to carry out its duties under chapters 1  7 of this title, at a cost not to exceed the sum appropriated therefor.
R.I. Gen. Laws § 46-13-2.2 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-2.2
§ 46-13-2.2. Denial, suspension, or revocation of approval.
Status: in_force

The director, after notice and opportunity for a hearing, is authorized to deny, suspend, or revoke any application submitted or approval granted under this chapter in any case in which the director finds that there has been a failure to comply with the provisions of this chapter and the regulations adopted hereunder. All the hearings and appeals shall be conducted in accordance with the provisions of chapter 35 of title 42, the Administrative Procedures Act.
R.I. Gen. Laws § 46-25-66 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-66
§ 46-25-66. Remedies of bondholders and noteholders.
Status: in_force

(a) In the event that the commission shall default in the payment of principal of or interest on any revenue bonds or revenue notes, issued pursuant to the provisions of §§ 46-25-58  46-25-66, after the bonds or notes shall become due, whether at maturity or upon call for redemption, and the default shall continue for a period of thirty (30) days, or in the event that the commission shall fail or refuse to comply with the provisions of this chapter, or shall default in any agreement made with the holders of an issue of revenue bonds or revenue notes of the commission, the holders of twenty-five percent (25%) of the aggregate principal amount of the revenue bonds or revenue notes of the issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of the revenue bonds or revenue notes for the purposes herein provided.

(b) The trust may, and upon written request of the holders of twenty-five percent (25%) of the aggregate principal amount of the revenue bonds or revenue notes then outstanding shall, in his or her or its own name:

(1) Enforce all rights of the bondholders or noteholders, including the right to require the commission to collect rent, interest, repayments, and payments on the leases, mortgages, loan agreements, and sales agreements held by it to carry out any agreement as to, or pledge of, the rent, interest repayments, and payments, and to require the commission to carry out any other agreements with the holders of the revenue bonds or revenue notes and to perform its duties under this chapter;

(2) Enforce all rights of the bondholders or noteholders so as to carry out any contract as to, or pledge of, revenues, and to require the commission to carry out and perform the terms of any contract with the holders of its revenue bonds or revenue notes or its duties under this chapter;

(3) Bring suit upon all or any part of the revenue bonds or revenue notes;

(4) By action or suit, require the commission to account as if it were the trustee of an express trust for the holders of the revenue bonds or revenue notes;

(5) By action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the revenue bonds or revenue notes;

(6) Declare all the revenue bonds or revenue notes due and payable and, if all defaults shall be made good, then, with the consent of the holders of twenty-five percent (25%) of the aggregate principal amount of the revenue bonds or revenue notes then outstanding, to annul the declaration and its consequences.

(c) The trustees shall, in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

(d) The superior court of Providence County shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders.
R.I. Gen. Laws § 46-23-16 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-16
§ 46-23-16. Length of permits, licenses, and easements.
Status: in_force

The council is authorized to grant permits, licenses, and easements for any term of years or in perpetuity. Permits, licenses, or easements which are issued by the council for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to the public trust, and no title is conveyed by such documents. All such permits, licenses, and easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued by the council are valid only with the conditions and stipulation under which they are granted and imply no guarantee of renewal. The initial application or an application for renewal may be subject to denial or modification. If an application is granted, said permit, license and easement may be subject to revocation and/or modification for failure to comply with the conditions and stipulations under which the same was issued or for other good cause. The division of coastal resources of the department of environmental management shall transfer all of the records and files of the former division of harbours and rivers to the council.
R.I. Gen. Laws § 46-24-1 — RI Code / Title 46 / Chapter 46-24 / Section 46-24-1
§ 46-24-1. Definitions.
Status: in_force

(a) The term authority means the corporation created by § 46-24-2.

(b) The term board means the members of the authority.

(c) The term participating community means the towns of Coventry, West Warwick, and Scituate, and the cities of Warwick and Cranston.

(d) The term project means the Pawtuxet River authority project.

(e) The term property means any or all properties of any public works facilities or part thereof, including plants, works, instrumentalities, incinerators, waste disposal facilities, and all properties used or useful in connection therewith and all parts thereof and all appurtenances thereto, including lands, easements, rights, and lands and water rights, rights of way, contract rights, franchises, approaches, connections, sewer mains, and pipe lines, or any other property incidental to and included in any garbage disposal or incinerator system or part thereof situated within or without the authoritys jurisdiction.

(f) The term public works means and include any function which may be performed by any governmental agency, proprietary or otherwise.

(g) The term treasurer means the treasurer of the authority.
R.I. Gen. Laws § 46-15-7 — RI Code / Title 46 / Chapter 46-15 / Section 46-15-7
§ 46-15-7. Authority to enter upon lands and waters for purpose of survey.
Status: in_force

The water resources board, its assistants, consultants, employees, subordinates, engineers, surveyors, or other agents or servants, upon giving due notice of intent and purpose, without being liable for trespass, shall have the right, with the consent of the landowner, to enter in, over, and onto any lands or waters in the state along with the equipment and devices as may be necessary and appurtenant for the conducting of examinations, investigations, appraisals, surveys, or other studies and for the making of test pits, pumping tests, borings, and other forms of geologic investigations; provided, however, that in the event the landowner refuses to consent to the entry, the water resources board may petition the superior court for the county in which the lands and waters are located for such authorization which shall be granted upon a showing by the water resources board that the entry is necessary for the implementation of the plans and programs of the board. The petition shall be granted priority on the miscellaneous court calendar. Any landowner whose property is damaged by virtue of the authorization granted herein shall have all of the rights, and shall be subject to all of the limitations, set forth in chapter 31 of title 9.
R.I. Gen. Laws § 46-22-9.7 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-9.7
§ 46-22-9.7. Marine safety zones.
Status: in_force

The director shall formulate a memorandum of understanding with the coastal resources management council and the United States Coast Guard with regard to the establishment of temporary safety zones and/or exclusionary zones.
R.I. Gen. Laws § 46-22-6 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-6
§ 46-22-6. Exemption from numbering provisions of this chapter.
Status: in_force

A motorboat shall not be required to be numbered under this chapter if it is:

(1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or federally approved numbering system of another state; provided, however, in the event the boat is to be operated on the waters of this state in excess of ninety (90) days, the owner shall record the number with the department of environmental management, division of boating safety, and pay the fees required under this chapter.

(2) A motorboat from a country other than the United States temporarily using the waters of this state.

(3) A motorboat whose owner is the United States, a state, or a subdivision thereof.

(4) A ships lifeboat.

(5) A motorboat used exclusively for racing.

(6) A houseboat as defined in § 44-5-25.1.

(7) A rowboat twelve feet (12²) in length or less.

(8) A canoe.

(9) A ferry.
R.I. Gen. Laws § 46-22-9.6 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-9.6
§ 46-22-9.6. False distress or hoax calls.
Status: in_force

(a) Whoever, knowing it to be false, transmits or causes to be transmitted by radio, telephone, use of emergency flares or other means of communication, the alleged occurrence or impending occurrence of an emergency situation which threatens the life, or safety of a person and/or the loss of property, to any state, federal or local law enforcement or other public safety agency shall be guilty of transmitting a false distress or hoax call.

(b) Any person charged with the commission of the foregoing shall, upon conviction, be subject to imprisonment not to exceed one year and a fine not to exceed one thousand dollars ($1,000). In addition to any other fines or penalties imposed under this section, the person or persons convicted shall pay restitution for any cost related to the emergency response to the false or hoax call.
R.I. Gen. Laws § 46-25-25.1 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-25.1
§ 46-25-25.1. Inspection powers.
Status: in_force

(a) The commission is authorized to carry out all inspection, surveillance, and monitoring procedures necessary to determine, independent of information supplied by any person who discharges into the facilities of the project, compliance or noncompliance by the person with the pretreatment requirements prescribed by the commission.

(b) The commission or the duly authorized employees and agents of the commission, upon presenting identification and appropriate credentials, are authorized:

(1) To enter, without delay and at reasonable times, those premises (public or private) of any person or class of user, either receiving services from the commission or applying to services from the commission, in which a discharge source or treatment system is located or in which records required to be maintained pursuant to § 46-25-25, are kept;

(2) During regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, to have access to and to copy any records, inspect any monitoring equipment or method required pursuant to § 46-25-25, and sample any effluents which the owner or operator of the discharge source is required to sample under § 46-25-25, and any rules and regulations adopted pursuant thereto.

(c) Any person obstructing, hindering, or in any way causing to be obstructed or hindered the commission or any of its employees or agents in the performance of their duties, or who shall refuse to permit the commission or any of its employees or agents entrance into any premises, buildings, plant, or equipment, or other places belonging to or controlled by the person, in the performance of his or her duties as such, shall be subject to the civil and criminal penalties set forth in §§ 46-25-25.2 and 46-25-25.3.
R.I. Gen. Laws § 46-5-12 — RI Code / Title 46 / Chapter 46-5 / Section 46-5-12
§ 46-5-12. Rules and regulations  Penalty for violation.
Status: in_force

(a) The director shall establish and enforce such proper rules and regulations for the government and proper care of all the property acquired under this chapter, whether improved or unimproved, as the director shall deem best, and shall furnish a copy of the rules and regulations to all persons using or occupying the land, property, or any portion thereof, and shall make all needful orders necessary to carry out the provisions of this chapter, and shall fix penalties for disobeying the rules, regulations, or orders, and shall also file in his or her office a copy of all rules, regulations, and orders adopted by the director.

(b) Any person who shall violate any rule, regulation, or order of the department, a copy thereof shall have been theretofore filed in the office of the director of the department of environmental management, shall, upon conviction thereof, be fined not exceeding five hundred dollars ($500), or imprisoned not exceeding thirty (30) days, or both, in the discretion of the court.
R.I. Gen. Laws § 46-28-4 — RI Code / Title 46 / Chapter 46-28 / Section 46-28-4
§ 46-28-4. Establishment of council  Purpose.
Status: in_force

(a) There is hereby authorized, created, and established within the executive department as an associated function, as defined in § 46-28-10, of the water resources board, established pursuant to chapters 15 and 15.1 of this title, a Rhode Island rivers council known as the Rhode Island rivers council, with such powers as are set forth in this chapter, for the purposes of coordinating, overseeing, and reviewing efforts to improve and preserve the quality of rivers and to develop plans to increase the utilization of river areas throughout the state, and to support and strengthen grassroots watershed organizations as local implementers of the plans.

(b) The rivers policy and classification plan prepared and recommended as provided for in § 46-28-7(3) and as adopted by the state planning council shall be the principal means of management and protection by the rivers council. The rivers council shall work in conjunction with watershed councils and all affected federal, regional and state agencies, including, but not limited to, the Rhode Island bays, rivers and watersheds coordination team, the water resources board, the coastal resources management council, the department of environmental management, the department of health, the statewide planning program of the department of administration, and the economic development corporation, municipal governments, private organizations and persons in achieving the purposes set forth in this section, and implementing systems level planning for the state.
R.I. Gen. Laws § 46-25-42 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-42
§ 46-25-42. Terms and conditions of sales  Applications of premiums and accrued interest  Validity not affected by change in office.
Status: in_force

(a) Any bond or note issued under the authority of this chapter shall be sold from time to time at not less than the principal amount thereof, on such terms and conditions as the general treasurer, with the approval of the governor, shall be deemed to be for the best interest of the state. The purchaser of any of the bonds or notes shall pay accrued interest to the date of delivery of the bonds or notes.

(b) Any premiums or accrued interest, which may be received as the result of the sale of bonds or notes, shall be applied to the payment of debt service costs.

(c) Any bonds or notes issued under the provisions of this chapter and any coupons on any bonds, if properly executed by the manual or facsimile signature, as the case may be, of officers of the state in office on the date of execution, shall be valid and binding according to their tenor, notwithstanding that, before the delivery thereof and payment therefor, any or all of the officers shall for any reason have ceased to hold office.
R.I. Gen. Laws § 46-13-6 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-6
§ 46-13-6. Connections between distribution systems.
Status: in_force

No person shall maintain a physical connection joining a public water supply system with any other water supply system, unless that connection is approved by the director.
R.I. Gen. Laws § 46-25-69 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-69
§ 46-25-69. Severability.
Status: in_force

The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.
R.I. Gen. Laws § 46-2-2 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-2
§ 46-2-2. Agreements by state to satisfy federal conditions as to projects.
Status: in_force

The director of the department of environmental management is authorized to negotiate, cooperate, and enter into agreements in behalf of this state with the United States in order to satisfy the conditions imposed by the United States authorizing any project for the improvement of navigation of any harbor or river and for the protection of property against damage by floods or by erosion, provided the project shall first have been approved by the governor.
R.I. Gen. Laws § 46-25-13 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-13
§ 46-25-13. Eminent domain procedure.
Status: in_force

In the exercise of its power of eminent domain under this chapter, the commission shall be subject to the provisions of chapter 6 of title 37.
R.I. Gen. Laws § 46-22-14 — RI Code / Title 46 / Chapter 46-22 / Section 46-22-14
§ 46-22-14. Local regulation.
Status: in_force

(a) The provisions of this chapter, and of other applicable laws of this state, shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity regulated by this chapter shall take place thereon; but nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this chapter, amendments thereto, or regulations issued thereunder; provided, that the ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto, or regulations issued thereunder.

(b) Any subdivision of this state may, at any time, but only after public notice, make formal application to the department of environmental management for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, and shall set forth therein the reasons which make those special rules or regulations necessary or appropriate.

(c) The department of environmental management is hereby authorized to make special rules and regulations, not inconsistent with chapter 9 of this title or the rules and regulations issued thereunder, with reference to the operation of vessels not more than sixty-five feet (65²) in length on any waters within the territorial limits of any subdivision of this state.
R.I. Gen. Laws § 46-18-3 — RI Code / Title 46 / Chapter 46-18 / Section 46-18-3
§ 46-18-3. Jury trial of damages.
Status: in_force

Whenever any plaintiff in any action shall recover a final judgment for damages against the defendant, the question of the amount of the damages shall, unless otherwise agreed by the parties, be tried by a jury on a day to be appointed by the superior court.
R.I. Gen. Laws § 46-28-6 — RI Code / Title 46 / Chapter 46-28 / Section 46-28-6
§ 46-28-6. Officers of the council and quorum.
Status: in_force

Upon the passage of this act [April 20, 2006], the council shall elect from among the members a chair and a vice-chair. Thereafter, the council shall annually elect in February a chair and vice-chair from among the members. The council may elect from among its members such other officers as they deem necessary. Six (6) voting members of the council shall constitute a quorum. A majority vote of those present and voting shall be required for action.
R.I. Gen. Laws § 46-13-16 — RI Code / Title 46 / Chapter 46-13 / Section 46-13-16
§ 46-13-16. Penalties and remedies.
Status: in_force

(a) It shall be the duty of any person to proceed diligently to comply with any order issued pursuant to this chapter. If that person fails to proceed diligently or fails to comply with the order within such time, if any, as may be specified, the order may be enforced by the superior court, upon application made by the director.

(b) Any person who willfully or negligently violates any provision of this chapter, any rule or regulation or order of the director, or any condition of any permit issued pursuant to the chapter is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred dollars ($500) for each separate offense, or to imprisonment for a period of not more than one year, or both.

(c) In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any term or condition of any permit issued pursuant to this chapter, the relevant director may assess a civil penalty upon a person for the violation. The penalty may be assessed whether or not the violation was willful or negligent. When the director assesses a civil penalty, he or she shall inform the person of the amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall within the thirty (30) day period, file an appeal of the action with the director. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each violation for each separate day and each violation of any provision of this chapter, any rule or regulation under this chapter, any order of the director, or any term or condition of a permit shall constitute a separate and distinct offense under this section.

(d) The penalties and remedies prescribed by this chapter shall be deemed concurrent and the existence of or exercise of any remedy shall not prevent the director from exercising any other remedy hereunder.

(e) Violations on separate days shall constitute separate offenses for purposes of this chapter.

(f) Any person who endangers the health of persons by knowingly introducing any contaminant into a public water supply system or tampering with a public water supply system shall be fined not more than fifty thousand dollars ($50,000), or imprisoned for not more than five (5) years, or both.

(g) Any person who attempts to endanger or makes a threat to endanger the health of persons by knowingly introducing any contaminant into a public water supply system or tampering with a public water supply system shall be fined not more than twenty thousand dollars ($20,000), or imprisoned for not more than three (3) years, or both.

(h) The director may bring a civil action in the superior court against any person who endangers, attempts to endanger, or makes a threat to endanger the health of persons, or otherwise renders the water unfit for human consumption, by the introduction of any contaminant into a public water supply system or tampering with a public water supply system. The court may impose on the person a civil penalty of not more than fifty thousand dollars ($50,000) for each day that the endangerment or inability to consume the water exists.

(i) All fines and penalties collected under the penalty provisions of this chapter and all fees shall be deposited as general revenues.
R.I. Gen. Laws § 46-9-22.1 — RI Code / Title 46 / Chapter 46-9 / Section 46-9-22.1
§ 46-9-22.1. Grounds for minor disciplinary action.
Status: in_force

The commission may suspend any pilots license for a period of not to exceed three (3) months upon satisfactory proof that:

(1) The pilot took charge of a vessel drawing more water than his or her license authorized; or

(2) The pilot has been guilty of any misconduct or neglect of duty detrimental to the business of piloting; or

(3) The pilot neglects or refuses to appear, without justifiable cause, before the commission after having been duly notified to appear.
R.I. Gen. Laws § 46-8-3 — RI Code / Title 46 / Chapter 46-8 / Section 46-8-3
§ 46-8-3. Issuance of registration certificate.
Status: in_force

The licensing authority shall, upon application of any owner of an outboard motor to be used on the territorial waters of the State of Rhode Island, issue a registration certificate to that person.
R.I. Gen. Laws § 46-14-2.2 — RI Code / Title 46 / Chapter 46-14 / Section 46-14-2.2
§ 46-14-2.2. Contamination of local water supply  Notice to city or town.
Status: in_force

If the state department of health discovers that a water supply to a municipality has become contaminated, which contamination may pose a potential danger to the public, the director of health shall, within forty-eight (48) hours of the discovery of the contamination, notify the city or town council of every city and town whose water supply is affected by the contamination.
R.I. Gen. Laws § 46-14-4 — RI Code / Title 46 / Chapter 46-14 / Section 46-14-4
§ 46-14-4. Prosecutions of violations  Liability for costs.
Status: in_force

The director of health, the commissioner of environmental management or the director of the department of environmental management until such time as the governor provides by executive order for the actual transfer of functions from the department of environmental management to the department of the environment pursuant to the provisions of § 42-17.1-40, the chief of police of any city or town in which a violation of this chapter occurs, or the president of the town council of any town, or the mayor of any city, or the executive officer of any district, institution, or company whose water supply is involved, is authorized to prosecute all violations of this chapter and shall not be required to give surety for costs upon complaints he or she enters.
R.I. Gen. Laws § 46-29-5 — RI Code / Title 46 / Chapter 46-29 / Section 46-29-5
§ 46-29-5. Construction of chapter.
Status: in_force

This chapter shall be construed liberally in aid of its declared purpose, which purpose is the reduction of phosphorus entering the waters of the state.
R.I. Gen. Laws § 46-3-19 — RI Code / Title 46 / Chapter 46-3 / Section 46-3-19
§ 46-3-19. Cost of construction  Federal assistance.
Status: in_force

In the event that the federal government shall make available any funds for all or part of the construction of protective works, as defined in § 46-3-7, the remaining portion of the cost therefor not fully covered by the federal funds may be borne by the city or town and the state; provided, however, that the states share shall not exceed one-third ( ) of the total cost for the construction for the city or town; and, provided, further, however, that in no event shall the construction commence until the city or town has appropriated and made available the funds required by the city or town for those purposes, and in that event the city or town may assess the cost thereof as provided in § 46-3-7.
R.I. Gen. Laws § 46-2-3 — RI Code / Title 46 / Chapter 46-2 / Section 46-2-3
§ 46-2-3. Agreements to hold federal government harmless.
Status: in_force

The director of the department of environmental management with the approval of the governor, is authorized to give assurances that the state will hold and save the United States harmless from claims and damages resulting from any improvement or protection project and to enter into any agreement with the federal government for that purpose.
R.I. Gen. Laws § 46-23-20.2 — RI Code / Title 46 / Chapter 46-23 / Section 46-23-20.2
§ 46-23-20.2. Clerk.
Status: in_force

The commissioner of coastal resources or his or her designee shall serve as clerk to the hearing officers. The clerk shall have general charge of the office, keep a full record of proceedings, file and preserve all documents and papers, prepare such papers and notices as may be required, and perform such other duties as required. The commissioner shall have the power to issue subpoenas for witnesses and documents and to administer oaths in all cases before any hearing officer or pertaining to the duties of his or her office.
R.I. Gen. Laws § 46-25-48 — RI Code / Title 46 / Chapter 46-25 / Section 46-25-48
§ 46-25-48. Termination of existence of commission.
Status: in_force

If the people shall reject the proposition submitted to referendum under the provisions of § 46-25-46, the existence of the commission shall terminate on June 30, 1981, unless its existence is extended by the general assembly, and all its rights and properties shall pass as provided in § 46-25-4.