GENERAL LAWS 

OF 

RHODE ISLAND 

1956 

Reenactment of 2008 L v.._ ( < ~ J. \[\)\~ 

Completely Annotated 

voLUME4B 

-· 

Lex\sNex\s® 
Copyright 1957,©1968, 1979,1985,1989,1996,2001,2008 

-by 

The State of Rhode Island 

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All rights reserved. 

Stoc~ Ref. No. 

47681-13 

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'"1 

.-. GENERAL LAWS 

OF 

RHODE ISLAND 

1956 

Reenactment of 1968 

The General Laws of 1956 (Reenactment of 1968) as Enacted by the 

General Assembly at the January Session, 1968, Chapter 142, 

Public Laws of 1968, Effective December 31, 1968 

Completely Annotated 

VOLUME 4A 

Prepared under the Supervision of 

August P. LaFrance, Secretary of State 

by Authority of the General Assembly 

THE BOBBS-MERRILL COMPANY, INC. 

A SUBSIDIARY OF BOWARD W. BAMS • CO., INC. 

Publishers • I N 0 IAN A P 0 L I S • N E W Y 0 R I< 
244 

an presence in the 

ainants in sufficient 

ith other emissions, 

o.ay be injurious to 

property or inconaeable or unnatural 

interferes with the 

mean soot, cinders, 

)dor, toxic or radio-

'ination thereof. 

the director of the 

bordinates to whom 

.ed in him by this 

dividual, firm or cotrust, corporation, 

ipal corporation, or 

ubject of rights and 

~ state air pollution 

any fire from which 

ly into the open air 

b.all be the responsi-

~his chapter. Within 

1ploy such personnel 

accordance with the 

;er, and may delegate 

Le powers and duties 

mbly shall annually 

·y for the expenses of 

hed an advisory air 

ive ( 5) members ap3) years, except that 

such member shall be 

2) years, and two ( 2) 

245 AIR POLLUTION 23-25-5 

for three (3) years. A vacancy, whatever the circumstances of its 

creation, shall be filled by appointment of the governor for the unexpired portion of the term. No compensation shall be allowed any 

member of the board for services rendered in that capacity. Actual 

and necessary travel and other expense incurred by members in the 

discharge of their official duties as members of the board shall be 

paid out of any funds which are or may become available for the 

purposes of this chapter. The board shall organize and annually 

select one (1) of its members to serve as chairman, and one (1) of 

its members to serve as vice chairman. The director shall appoint 

a subordinate to act as secretary to the board. A majority of the 

members of the board shall constitute a quorum. It shall be the duty 

of the board to make suggestions to, and to advise the director concerning the policies, plans and goals to be attained in the adminis-:-

tration of this chapter and to make recommendations which it shall, 

. not less than annually, submit to the director. To properly carry out 

its duties the board is authorized to utilize the services of the 

department. 

(c) The department of health is hereby designated as the state 

air pollution control agency for this state for all purposes of any 

federal air pollution control laws, acts or programs, and is hereby 

authorized to take all action ne·cessary or appropriate to secure to 

this state the benefit of such laws, acts or programs. 

History of Section. 

G. L., § 23-25-4, as enacted by P. L. 

1966, ch. 256, § 1. 

23-25-5. Powers and duties of the director.-In addition to the 

other powers and duties granted him herein, the director shall have 

and may exercise the following powers and duties: 

(a) to exercise general supervision of the administration and 

enforcement of this chapter and all rules and regulations and orders 

promulgated hereunder; 

(b) to develop comprehensive programs, for the prevention, 

control and abatement of new or existing pollution of the air resources of this state; 

(c) to advise, consult ·and cooperate with the cities and towns 

and other agencies of the state, federal government, and other 

states and interstate agencies and with effective groups in industries 

in furthering the purposes of this chapter; 

(d) to adopt, modify or repeal and promulgate standards of air 

quality for the state or any region or district thereof; 

I 

I 

I 
23-25-5 HEALTH AND SAFETY 246 

(e) to hold such hearings, to issue notices of hearings, and 

subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take 

such testimony as he may deem necessary; 

(f) to encourage and conduct studies and research on air pollution and to collect and disseminate information thereon; 

(g) ·to enter at all reasonable times in or upon any private or 

public property, except private residences, and to detain and inspect 

any motor vehicle for the purpose of inspecting or investigating any 

condition which the director shall believe to be either an air pollution source, or in violation of any of the rules or regulations or 

orders promulgated hereunder. 

Any information relating to secret processes or methods of manufacture or production obtained in the course of such inspection or 

investigation shall be kept secret. If samples of air or air contaminants . are taken for analysis, a duplicate of the analytical report 

shall be promptly furnished to the person suspected of causing the 

air pollution; 

(h) to issue, modify, amend or revoke such orders prohibiting 

or abating air pollution as are in accord with the purposes of this 

chapter and the rules and regulations promulgated hereunder. In 

making the orders hereunder authorized, the director shall consider 

all relevant factors including, but not limited to, population density, 

air pollution levels, the character and degree of injury to health or 

physical property and the economic and social necessity of the source 

of air poilu tion; 

(i) to accept, receive and administer grants or other- funds or 

gifts for the purpose of carrying out any of the functions of this 

chapter including such monies given under any federal law to the 

state for air pollution control activities, surveys or program; 

(j) to require the prior submission and approval of plans, specifications, and other data relative to the construction, installation and 

modification of air pollution control systems, devices or any parts 

thereof, and to inspect such installations and modifications to insure 

compliance with the approved plans; 

(k) to require the prior submission and approval of plans, specifications and other data relative to the construction, installation or 

modification of any machine, equipment, device, article or facility 

capable of becoming a source of air pollution, subject, however, to 

the promulgation of rules and regulations hereunder defining the 

classes and types of machines, equipment, devices, articles or facilities subject tQ such approval; 
1972 

POCKET SUPPLEMENT 

GENERAL LAWS 

OF 

RHODE ISLAND, 1956 

Reenactment of 1968 

VOLUME 4A 

THE BOBBS-MERRILL COMPANY, INC. 

A SUBSIDIARY OF HOWARD W. BAILS lo: CO., IMO. 

Publishers • IN DIAN A P 0 LIS • NEW Y 0 R X 

supplement in the pocket of the corresponding volume of the set 

and discard previous supplement. 
AIR POLLUTION 

23-25-18 

of said vehicles a lifesaving buoy and a minimum of one 

d· fifty (150) feet of rope. 

aistorY of Section. 

As enacted by P. L. 1972, ch. 53, § 1. 

CHAPTER 25-AIR POLLUTION 

SECTION. 

23-25- 4. Administration-Board. 

23-25- 6. Investigation ·and hearing of 

complaint of pollution -

Public disclosure. 

SECTION. 

23-25-18. Regulation of burning in open 

fires. 

23-25-4. Administration-Board.-( a) 

(b) [Repealed.] 

* • • 

(c) * * * 

History of Section. 

G. L., § 23-25-4, as enacted by P. L. 

1966, ch. 256, § 1; P. L. 1971, ch. 103, § 3. 

23-25-6. Investigation and hearing of complaint of pollutionPublic disclosure.-If the director shall have cause to believe that 

any person is violating any provision of this chapter or rule or 

·regulation or any order made hereunder, it shall be the duty of 

the director to cause such matter to be investigated. Except as 

·provided in § 23-25-16 hereunder, before making any finding that 

a violation has occurred such person shall be granted a hearing. 

A.t all hearings the director shall receive evidence and hear witnesses 

in behalf of the person believed to be causing air pollution. 

The director shall maintain records concerning all investigations 

undertaken and findings made pursuant to this section. Such records shall be made available for public inspection and shall include 

the following information: (a) The names and addresses of persons 

investigated; (b) The date or dates of any hearing or hearings conducted with respect to such persons and the time and place of such 

hearings; (c) Any findings made by the director after the conclusion of such hearings. 

History of Section. 

G. L., § 23-25-6, as enacted by P. L. 

1966, ch. 256, § 1; P. L. 1970, ch. 289, § 1. 

Compiler's Note. 

As enacted the heading did not contain 

the words "public disclosure." 

23-25-16. Emergencies. 

History of Section. Compiler's Note. 

G. L., § 23-25-16, as enacted· by P. L. The history is reprinted to correct an 1966, ch. 256, § 1. error appearing in the bound volume. 

23-25-18. Regulation of burning in open fires.-(a) The director 

Ulay, by rule or regulation, prohibit the burning of any material in