# GENERALLAWS OF 

# RHODE ISLAND

1956

Reenactmentof2008 

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CompletelyAnnotated

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All rights reserved.**Stoc~** Ref. No. 47681-13

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# 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, PublicLaws of 1968,Effective December 31, 1968



### Completely Annotated

VOLUME 4A Prepared under the Supervision of August P. LaFrance, Secretary of State by Authority ofthe General Assembly

THEBOBBS-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 orradio- '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, andmay 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, shallbe filled by appointmentofthe governorfor the unexpired portion of the term. No compensation shall be allowed any member of the boardfor services rendered in that capacity. Actual andnecessary 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) ofits 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 oftheboard shallconstitute a quorum. Itshallbe the duty oftheboardto make suggestions to, and to advise the director concerning the policies, plans and goals to be attained in the adminis-:- tration ofthis chapter andto make recommendations which it shall,

. notless thanannually, submitto the director. To properlycarryout

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 thebenefit of suchlaws, 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 grantedhim herein, the director shallhave and may exercise the following powers and duties: (a) to exercise general supervision of the administration and enforcement ofthis chapter and allrules andregulations 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 andinterstateagencies andwitheffective groupsinindustries 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 I23-25-5 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 publicproperty, exceptprivateresidences, and to detain andinspect anymotorvehiclefor the purpose ofinspecting orinvestigating 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. Anyinformation relating to secretprocesses 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 airpollution; (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 relevantfactors including, butnotlimited to, population density, air pollution levels, the character and degree of injury to health or physicalpropertyandthe economic and socialnecessityofthe 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 otherdatarelative 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 ofplans, 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 ofmachines, equipment, devices, articles or facilities subject tQ such approval;

# 1972 POCKET SUPPLEMENT

GENERAL LAWS OF 

# RHODE ISLAND, 1956

Reenactmentof 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.tallhearingsthe director shallreceive evidence andhearwitnesses inbehalfofthepersonbelievedtobecausingairpollution.

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 orhearings 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 suchhearings. 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 enactedtheheadingdid 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 ofburningin open fires.-(a) The director Ulay, by rule or regulation, prohibit the burning of any material in