reglab/housing_qa huggingface dataset:
RI Gen L § 23-23-15 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-15 - Variances.

§ 23-23-15. Variances.(a) Upon application and after a hearing, the director may suspend the enforcement of the whole or any part of this chapter or of any rule or regulation promulgated under this chapter in the case of any person who shall show that the enforcement of this chapter would constitute undue hardship on that person without a corresponding benefit or advantage obtained by it; provided, that no suspension shall be entered deferring compliance with a requirement of this chapter or the rules and regulations promulgated under this chapter, unless that deferral is consistent with the provisions and procedures of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.(b) In determining under what conditions and to what extent the variance may be granted, the director shall give due recognition to the progress which the person requesting the variance shall have made in eliminating or preventing air pollution. In this case, the director shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of the pollution or a progressive abatement of the pollution or any other circumstances that the director may deem reasonable. No variance shall be granted to any person applying for it who is causing air pollution which creates a danger to public health or safety.(c) Any variance granted under this chapter shall be granted for any period of time, not exceeding one year, as the director shall specify, but any variance may be continued from year to year. No variance shall be construed as to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance nor shall there be any appeal from a denial of a variance.(d) Notwithstanding the limitations of this section, the director may, upon application, defer compliance with the whole or any part of this chapter or of any rule or regulation promulgated under this chapter where compliance is not possible because of breakdowns or malfunctions of equipment, acts of God, or other unavoidable casualties; provided, that this order shall not defer compliance for more than three (3) months.History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § 23-25-15; P.L. 1979, ch. 39, § 1; P.L. 1980, ch. 24, § 1.
RI Gen L § 23-23-16 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-16 - Emergencies.

§ 23-23-16. Emergencies.Notwithstanding the provisions of this chapter or any other provisions of this law, if the director of environmental management finds or has cause to believe or is notified by the director of health that any person is violating any provision of this chapter or any rule or regulation or any order made under this chapter and that violation or alleged violation is an immediate danger to public health or safety, he or she may order that person to cease the violation or alleged violation. Within twenty-four (24) hours after issuing the order or any longer time as the alleged violator may designate, the director shall grant the person a hearing. Not more than twenty-four (24) hours after the conclusion of the hearing, the director shall affirm, modify, or set aside the order.History of Section.P.L. 1966, ch. 256, § 1; P.L. 1977, ch. 182, § 9; G.L. 1956, § 23-25-16; P.L. 1979, ch. 39, § 1; P.L. 1980, ch. 24, § 1.
RI Gen L § 23-23-17 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-17 - Promulgation of rules.

§ 23-23-17. Promulgation of rules.Except as provided in this chapter, in establishing any rule or regulation in the conduct of proceedings and in the taking of appeals from any order of the director, the provisions of chapter 35 of title 42 shall apply.History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § 23-25-17; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23-18 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-18 - Regulation of burning in open fires.

§ 23-23-18. Regulation of burning in open fires.(a) The director may, by rule or regulation, prohibit the burning of any material in an open fire by any person on premises operated as a public or semi-public refuse disposal facility or at other central refuse disposal sites. The director may also prohibit the burning of any material in an open fire by any person in connection with any salvage, industrial, commercial, or institutional operation.(b) Nothing in this chapter shall interfere with the right and responsibility of cities and towns to adopt and enforce laws, ordinances, rules, or regulations prohibiting open fires, except as provided in subsection (a).(c) It is the policy of the state that open fires shall be eliminated to the maximum extent possible. It is also the policy of the state that regulation of open fires shall be the responsibility of political subdivisions of the state. All cities and towns are empowered to prohibit open fires by ordinances or regulations except those open fires as described in subsection (a).History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § 23-25-18; P.L. 1971, ch. 116, § 1; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23-19 - 23-23-21 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-19 - 23-23-21 - Repealed.

§ 23-23-19 — 23-23-21. Repealed.
RI Gen L § 23-23-22 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-22 - Severability.

§ 23-23-22. Severability.If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § 23-25-22; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23-23 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-23 - Temporary pay reductions prohibited.

§ 23-23-23. Temporary pay reductions prohibited.No owner or operator of any source which uses a supplemental or intermittent air pollution control system or device for the purpose of meeting the requirements of an order entered by the director pursuant to § 23-23-8 or 23-23-15 of this chapter, shall, temporarily, reduce the pay of any employee by reason of the use of that supplemental or intermittent or other dispersion dependent air pollution control system or device.History of Section.P.L. 1980, ch. 24, § 2.
RI Gen L § 23-23-24 - 23-23-27 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-24 - 23-23-27 - Repealed.

§ 23-23-24 — 23-23-27. Repealed.
RI Gen L § 23-23-28 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-28 - Auxiliary monitors.

§ 23-23-28. Auxiliary monitors.Any town or city may appoint an air pollution auxiliary monitor from among its full time employees provided that the employee must possess the education and experience required of the state, division of personnel class title "environmental quality technician". The auxiliary monitor shall not be entitled to any additional compensation from the state. The auxiliary monitor may have other duties as the town or city deems necessary. Upon appointment, the auxiliary monitor shall be trained by the department of environmental management in recognizing, analyzing, and describing air pollution. Upon satisfactory completion of a required course of study, the auxiliary monitor shall be empowered to investigate complaints of air pollution within his or her town or city on behalf of the town or city and to present testimony or evidence regarding them to the department of environmental management in support of regulatory actions authorized under this chapter. That testimony or evidence shall be considered expert by the department of environmental management.History of Section.P.L. 1985, ch. 489, § 2.
RI Gen L § 23-23-29.1 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-29.1 - Findings of fact.

§ 23-23-29.1. Findings of fact.The general assembly hereby finds as follows:(1) Motor vehicle exhaust is the largest source of air pollution in Rhode Island, and idling vehicles emit higher concentrations of harmful pollutants than moving vehicles;(2) Vehicle exhaust is hazardous to human health. Studies have linked pollution from vehicles to increased rates of cancer, lung and heart disease, asthma and allergies, urban smog and climate change;(3) Fine particulate matter in diesel exhaust is particularly harmful to children and seniors. Tiny particles can lodge deep within human lungs, where they can trigger asthma attacks and stunt lung growth in children, and contribute to chronic obstructive pulmonary disorder and heart attacks in seniors;(4) Asthma is reaching epidemic proportions in Rhode Island. More than one hundred thousand (100,000) people in Rhode Island have been diagnosed with asthma, including one out of every ten (10) children. Asthma is the most common chronic disease in children and responsible for the most school absences in Rhode Island;(5) Vehicle idling waste money. On average, an idling truck burns one gallon of fuel per hour. A locomotive or other heavy duty engine may burn anywhere from three (3) to eleven (11) gallons per hour;(6) Excessive idling creates the need for more frequent oil and oil filter changes, and speeds engine wear, reducing the amount of time before an engine needs to be rebuilt;(7) Even on the coldest winter days, modern engines need no more than five (5) minutes to warm up; and(8) To date, other states including Connecticut and Massachusetts have passed laws that limit the amount of time vehicles are permitted to idle.History of Section.P.L. 2006, ch. 557, § 1; P.L. 2008, ch. 475, § 67.
RI Gen L § 23-23-29.2 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-29.2 - Diesel motor vehicle engine idling.

§ 23-23-29.2. Diesel motor vehicle engine idling.On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of diesel motor vehicle engines. The rules shall be generally consistent with similar restrictions established by law or regulation in Massachusetts and Connecticut and shall provide that no person shall cause, allow or permit the unnecessary operation of the engine of a diesel motor vehicle while said vehicle is stopped for a period of time in excess of five (5) consecutive minutes in any sixty (60) minute period. Unnecessary operation of a diesel motor vehicle shall not include such periods and circumstances as the department, may determine as reasonably requiring that the engine remain idling, which periods may include, but not be limited to, periods when it is necessary for a vehicle to remain motionless due to traffic conditions or at the direction of a law enforcement official; when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers or to operate auxiliary equipment; when it is necessary to bring the engine to the manufacturer's recommended operating temperature or when the engine is undergoing maintenance or inspection. The requirements of this section shall not apply to police, fire, rescue, ambulance and other public safety vehicles, military vehicles, armored vehicles that are being loaded or unloaded or are waiting to be loaded or unloaded, non-road vehicles, including farm vehicles, locomotives, aircraft, marine vessels, stationary diesel engines or auxiliary power units, or vehicles making deliveries of fuel or energy products.History of Section.P.L. 2006, ch. 557, § 1.
RI Gen L § 23-23-29.3 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-29.3 - Non-road diesel engine idling.

§ 23-23-29.3. Non-road diesel engine idling.On or before July 1, 2007, the department shall adopt rules governing diesel engine idling to restrict the unnecessary operation of non-road diesel engines. So far as is reasonably feasible, the rules shall provide that no entity shall cause, suffer, allow or permit the unnecessary idling of a non-road diesel engine. Non-road diesel engines to be considered in this rulemaking shall include, but may not be limited to, construction engines, airport ground support equipment, commercial and industrial equipment. Unnecessary idling shall not include such periods and circumstances as the department may determine as reasonably requiring that the engine remain idling, which periods may include, but not be limited to, when airfield maintenance vehicles are being used on a state-owned or operated airport. This provision shall not extend to any diesel powered engine and/or vehicle that must continuously operate while stationary in order to function properly, a vehicle making deliveries of fuel or energy products, or to insure workplace safety.History of Section.P.L. 2006, ch. 557, § 1.
RI Gen L § 23-23-29.4 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-29.4 - Sources of diesel pollution.

§ 23-23-29.4. Sources of diesel pollution.On or before January 1, 2007, the department shall identify sources of diesel pollution in Rhode Island and strategies for reducing pollution from identified sources and report the findings to the governor and general assembly.History of Section.P.L. 2006, ch. 557, § 1.
RI Gen L § 23-23-29.5 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-29.5 - Enforcement.

§ 23-23-29.5. Enforcement.The responsibility and jurisdiction for enforcement of §§ 23-23-29.1 — 23-23-29.4 shall be with state and local law enforcement authorities, including, but not limited to, state and local police and parking enforcement personnel, the Rhode Island department of environmental management and the Rhode Island division of motor vehicles.History of Section.P.L. 2006, ch. 557, § 1; P.L. 2009, ch. 310, § 4.
RI Gen L § 23-23-30 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-30 - Stage II vapor recovery systems.

§ 23-23-30. Stage II vapor recovery systems.(a) For the purposes of this section, "stage II vapor collection and control system" means a system which collects gasoline vapors displaced from motor vehicle gasoline tanks during refueling and which routes the vapors to a stationary storage tank.(b) Notwithstanding the provisions of § 23-23-5:(1) A motor vehicle fuel dispensing facility shall be exempt from the department's stage II system requirements if it begins operation after the effective date of this section; and(2) Upon department verification and approval, a motor vehicle fuel dispensing facility shall be exempt from the department's stage II system requirements if excavation of one or more underground gasoline storage tanks is required in order to install or repair a below-ground component of the stage II vapor collection and control system or the facility replaces fifty percent (50%) or more of its gasoline dispensers after the effective date of this subsection.History of Section.P.L. 2012, ch. 160, § 1; P.L. 2012, ch. 246, § 1.
RI Gen L § 23-23-31 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23 - Air Pollution|Section 23-23-31 - Dust control at extractive industries.

§ 23-23-31. Dust control at extractive industries.This section applies to all extractive industries, as that term is defined in § 45-24-31(25), that are located within one thousand five hundred feet (1,500′) of any occupied dwelling structure from the location of the piles of material defined in § 23-23-3(8).(1) Manufactured, unwashed sand shall not be stockpiled except in a manner that prevents fugitive dust from traveling beyond the property line of the extractive industry by use of water sprays.(2) In determining compliance with this provision, the director may consider one or more of the following factors:(i) Moisture content of the stone dust piles;(ii) Atmospheric humidity;(iii) Wind direction and velocity;(iv) Rainfall;(v) Observations of fugitive dust;(vi) Location of the stone dust piles; and(vii) Any other factors that may cause fugitive dust to travel beyond the property line of the extractive industry.(3) The director may approve the use of alternatives to water spray, if water is not available or its use is not practical, including, but not limited to, crusting agents or enclosures; provided that such alternatives prevent fugitive dust from traveling beyond the property line of the extractive industry.History of Section.P.L. 2015, ch. 272, § 2.
RI Gen L § 23-23.1-1 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23.1 - Air Pollution Episode Control|Section 23-23.1-1 - Short title.

§ 23-23.1-1. Short title.This chapter shall be known and may be cited as the "Air Pollution Episode Control Act".History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-1; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23.1-2 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23.1 - Air Pollution Episode Control|Section 23-23.1-2 - Declaration of policy.

§ 23-23.1-2. Declaration of policy.The legislature finds and declares that air pollution may, at certain times and in certain places, so seriously affect the health, safety, and welfare of the people and resources of this state and so directly threaten the lives of large portions of the population as to warrant the provision of emergency powers as provided for in this chapter to prevent or minimize disasters of unforeseeable proportions.History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-2; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23.1-3 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23.1 - Air Pollution Episode Control|Section 23-23.1-3 - Definitions.

§ 23-23.1-3. Definitions.As used in this chapter, the following terms shall, where context permits, be construed as follows:(1) "Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor, odor, toxic, or radioactive material, particulate matter, or any combination of these.(2) "Air pollution" means presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, which either alone or in connection with other emissions, by reason of their concentration and duration may be injurious to human, plant or animal life, or cause damage to property or which unreasonably interfere with the enjoyment of life and property.(3) "Air pollution episode" means the condition of an air pollution alert, an air pollution warning, or an air pollution emergency, and these conditions shall be deemed to exist whenever the director of environmental management determines that the accumulation of air contaminants in any area or place in the state is attaining or has attained levels which could, if those levels are sustained or exceeded, lead to a threat to the health of the public.(4) "Area" means not only that portion or portions of the state as shall be described in the air pollution episode declaration of the governor, but also to any other portion or portions of the state where activities are carried on which contribute or may contribute to the air pollution episode in the portion or portions of the state described in the governor's declaration.(5) "Director" means the director of environmental management or any subordinate or subordinates to whom the director has delegated the powers and duties vested in him or her by this chapter.(6) "Person" means any individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation), partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency, or any subdivision, commission, department, bureau, agency, or department of state or federal government (including quasi-government corporation), or any interstate body.History of Section.P.L. 1971, ch. 137, § 1; G.L. 1956, § 23-25.1-3; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-23.1-3; P.L. 1980, ch. 24, § 3.
RI Gen L § 23-23.1-4 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23.1 - Air Pollution Episode Control|Section 23-23.1-4 - Powers and duties of the director.

§ 23-23.1-4. Powers and duties of the director.In addition to the other powers and duties granted in this chapter, the director shall have and may exercise the following powers and duties:(1) To make, issue, and amend rules and regulations consistent with the provisions of this chapter.(2) To require prior submission and approval of standby plans from persons responsible for the operation of a source of air contaminants. The standby plans shall be consistent with good industrial practice and safe operating procedure for reducing or eliminating emissions of air contaminants into the outdoor atmosphere and shall be put into effect upon the issuance of the appropriate order by the governor.History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-4; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23.1-5 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23.1 - Air Pollution Episode Control|Section 23-23.1-5 - Proclamation of episode and issuance of orders.

§ 23-23.1-5. Proclamation of episode and issuance of orders.If the director determines at any time that air pollution, in any place or area in the state, constitutes an unreasonable and emergency risk to the health of those present within that area of the state, that determination shall be communicated in writing, with the factual findings on which the determination is based, to the governor. Upon being so advised, the governor may by proclamation declare, as to all or any part of the area mentioned in the determination, that an air pollution episode exists, and upon making the declaration the governor shall have the following powers which he or she may exercise in whole or in part by the issuance of an order or orders:(1) To prohibit, restrict, or condition motor vehicle travel of every kind, including trucks and buses, in the area;(2) To prohibit, restrict, or condition the operation of retail, commercial, manufacturing, industrial, or similar activity in the area;(3) To prohibit, restrict, or condition operation of incinerators in the area;(4) To prohibit, restrict, or condition the burning or other consumption of any type of fuel in the area;(5) To prohibit, restrict, or condition the burning of any materials in open fires in the area;(6) To prohibit, restrict, or condition any and all other activity in the area which contributes or may contribute to the air pollution emergency.History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-5; P.L. 1979, ch. 39, § 1.
RI Gen L § 23-23.1-6 (2021)
2021 Rhode Island General Laws|Title 23 - Health and Safety|Chapter 23-23.1 - Air Pollution Episode Control|Section 23-23.1-6 - Publication of proclamation.

§ 23-23.1-6. Publication of proclamation.The declaration by proclamation of the governor of an air pollution episode and any order issued by the governor pursuant to that declaration shall be given maximum publicity throughout the state.History of Section.P.L. 1971, ch. 137, § 1: G.L. 1956, § 23-25.1-6; P.L. 1979, ch. 39, § 1.