reglab/housing_qa huggingface dataset:
RI Gen L § 46-12.3-3 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.3 - The Environmental Injury Compensation Act|Section 46-12.3-3 - Action on negligence.

§ 46-12.3-3. Action on negligence.Any person who sustains personal injury, property damage, or economic loss as a result of the negligent act of any owner, operator, and/or his or her or its agent of any seagoing vessel as defined in § 46-9-2, entering the waters or waterways of this state, shall be entitled to maintain an action to recover the damages pursuant to the provisions of § 46-12.3-1.History of Section.P.L. 1990, ch. 198, § 1.
RI Gen L § 46-12.3-4 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.3 - The Environmental Injury Compensation Act|Section 46-12.3-4 - Recovery for economic loss.

§ 46-12.3-4. Recovery for economic loss.(a) A person shall be entitled to recover for economic loss, pursuant to §§ 46-12.3-2 and 46-12.3-3, if the person can demonstrate the loss of income or diminution of profit to a person or business as a result of damage to the natural resources of the state of Rhode Island caused by the violation of any provision of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution, or any violation of any permit, rule, regulation, or order issued pursuant thereto by the owner or operator and/or their agents of the seagoing vessel and/or caused by the negligence of the owner or operator and/or their agents of the seagoing vessel.(b) In any suit brought to recover economic loss, it shall not be necessary to prove that the loss was sustained as a result of physical injury to the person or damage to his or her property, nor shall it be a defense to any claim that the defendant owed no special duty to the plaintiff or that the loss was the result of governmental action taken in response to the violation and/or negligence of the defendant.(c) Without limiting the generality of the foregoing, persons engaged in commercial fishing or shellfishing and/or the processors of fish or shellfish, who can demonstrate that they have sustained a loss of income or profit as a result of damage to the environment resulting from violations of chapter 9 or 9.1 of title 46, regarding the obligation of a vessel to have a licensed pilot on board prior to entering a navigable waterway of the state, or chapter 12 of title 46, regarding water pollution or any violation of any permit, rule, regulation or order pursuant thereto by the owner or operator and/or their agents of a seagoing vessel and/or caused by the negligence of the owner and/or agent of a seagoing vessel, shall have a cause of action for economic loss. Persons employed by, or who operate businesses, who have sustained a loss of income or profit as a result of a decrease in the volume of business caused by the damage to the environment shall also be entitled to maintain an action for economic loss.History of Section.P.L. 1990, ch. 198, § 1.
RI Gen L § 46-12.3-6 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.3 - The Environmental Injury Compensation Act|Section 46-12.3-6 - Severability.

§ 46-12.3-6. Severability.If any provision of this chapter or the application thereof to any person, agency, or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter 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.History of Section.P.L. 1990, ch. 198, § 1.
RI Gen L § 46-12.3-7 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.3 - The Environmental Injury Compensation Act|Section 46-12.3-7 - Remedies cumulative.

§ 46-12.3-7. Remedies cumulative.The remedies provided for in this chapter are in addition to all other remedies available in law or in equity.History of Section.P.L. 1990, ch. 198, § 1.
RI Gen L § 46-12.4-1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.4 - Contaminants From Seagoing Vessels Act|Section 46-12.4-1 - Contaminants from tank vessels.

§ 46-12.4-1. Contaminants from tank vessels.(a) The owners, operators, and/or their agents of any tank vessel, as defined in 33 U.S.C. § 2701(34), which transports petroleum products for commercial purposes entering the waters or waterways of this state and transporting any petroleum product shall possess a valid certificate of financial responsibility issued by the U.S. Coast Guard or for vessels less than three hundred (300) gross tons, or other evidence of financial responsibility in accordance with the federal Oil Pollution Act §§ 1004 and 1016, 33 U.S.C. §§ 2704 and 2716, as evidence of financial responsibility applicable to payment of any judgment entered on behalf of the state of Rhode Island or any person aggrieved pursuant to the provisions of chapter 12.3 of title 46. Any tank vessel entering waters or waterways of this state without such valid certificate of financial responsibility or, for vessels less than three hundred (300) gross tons, without evidence of financial responsibility in accordance with the federal Oil Pollution Act §§ 1004 and 1016 shall be fined not more than one hundred thousand dollars ($100,000) or twice the amount required to rectify any environmental damage caused by the vessel, whichever is greater.(b) The provisions of this section shall not be construed to apply to the owner or operator of a terminal facility situated within the state, which has no ownership interest in the tank vessel merely because the terminal is the destination of the vessel.(c) The department of environmental management is hereby authorized to promulgate rules and regulations necessary to implement the provisions of this section.History of Section.P.L. 1990, ch. 197, § 1; P.L. 1991, ch. 26, § 1.
RI Gen L § 46-12.5-.09 - 46-12.5-25 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5 - Oil Spill Pollution Prevention and Control Act|Section 46-12.5-.09 - 46-12.5-25 - Repealed.

§ 46-12.5-.09 — 46-12.5-25. Repealed.
RI Gen L § 46-12.5.1-1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-1 - Definitions.

§ 46-12.5.1-1. Definitions.As used in this chapter these terms shall, where the context permits, be construed to mean:(1)"Containment and cleanup" includes all direct and indirect efforts associated with the prevention, abatement, containment, or removal of a pollutant, the restoration of the environment to its former state, and all incidental administrative costs;(2)"Contaminated ballast water" means ballast water carried in uncleaned cargo tanks or mixed with oil in some other manner such that the discharge of such water would produce a visible sheen.(3)"Department" means the department of environmental management or its successor;(4)"Director" means the director of the department of environmental management;(5)"Oil" means oil of any kind and in any form, whether crude, refined, or a petroleum by product, including, but not limited to, petroleum, fuel oil, gasoline, lubricating oils, oily sludge, oil refuse, oil mixed with other wastes, crude oils, liquified natural gas, propane, butane, or other liquid hydrocarbons regardless of specific gravity;(6)"Oil pollution" means discharging, causing to be discharged, or permitting the discharge of oil into or upon the waters of this state, or to construct or install any industrial, commercial, or other establishment, to make any modification or addition thereto, or to undertake any development which may result in the discharge of oil into the waters of the state, unless the discharge is made to a system or means to prevent pollution approved by the director;(7)"Operator" means the person who, through contract, lease, sublease, or otherwise, exerts general supervision and control of activities including, but not limited to, a prime general contractor, the "master" of a vessel and the master's employer or any other person who, personally or through an agent or contractor, undertakes the general functioning of the facility;(8)"Person" includes an individual, trust, firm, joint stock company, corporation (including a quasi government corporation), municipality, municipal or state agency, fire district, club, nonprofit agency, or country;(9)"Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, releasing, injecting, escaping, leaching, dumping, or disposing into the environment;(10)"Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, whether self propelled or otherwise, and includes barges and tugs;(11)"Waters of the state" include all surface waters including all waters of the territorial sea, tidewaters, all inland waters of any river, stream, brook, pond or lake; and all ground waters and wetlands of the state of R.I.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-2 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-2 - Powers and duties of the director.

§ 46-12.5.1-2. Powers and duties of the director.(a) In addition to the other powers granted the director of the department of environmental management, the director shall have and may exercise these powers and duties:(1) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;(2) To promulgate rules and regulations for the transportation of oil on the waters and over the land of this state; for the emergency response for the containment, cleanup, and abatement of a discharge of oil; for the assessment of penalties and recovery of costs and of damages as set forth in this chapter; and for any other procedures necessary for the implementation of this chapter;(3) To promulgate rules and regulations for oil discharge contingency plans. The rules and regulations may at the minimum:(i) Prohibit the transfer of oil to or from a tank vessel or oil barge without an oil discharge contingency plan that the appropriate authority has approved;(ii) Require proof of financial responsibility by the owner or operator of the tank vessel or oil barge; and(iii) Address catastrophic oil discharges.(4) To exercise all incidental powers necessary to carry out the purposes of this chapter;(b) Nothing in this chapter shall be construed to abridge the powers and duties of the director over water pollution, including the discharge of oil, as established in this title, or in chapter 17.1 or 35 of title 42, or in title 23.History of Section.P.L. 1997, ch. 32, § 2; P.L. 2007, ch. 340, § 42.
RI Gen L § 46-12.5.1-3 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-3 - Prohibition against oil pollution.

§ 46-12.5.1-3. Prohibition against oil pollution.(a) No person shall discharge, cause to be discharged, or permit the discharge of oil into, or upon the waters or land of the state except by regulation or by permit from the director.(b) Any person who violates any provision of this chapter or any rule or regulation or order of the director issued pursuant to this chapter shall be strictly liable to the state.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-4 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-4 - Ballast water discharge.

§ 46-12.5.1-4. Ballast water discharge.(a) Except as provided in subsection (b) of this section, no person shall cause or permit the discharge of contaminated ballast water from a vessel into the water of the state.(b) The master of a vessel may discharge contaminated ballast water from a vessel only if it is necessary for the safety of the vessel and no alternative action is feasible to ensure the safety of the vessel.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-5 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-5 - Discharge reporting.

§ 46-12.5.1-5. Discharge reporting.A person in charge of a facility, operation or vessel, as soon as the person has knowledge of any discharge from the facility, operation, or vessel in violation of this chapter shall, in a timely fashion, notify the department of the discharge.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-7 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-7 - Damages.

§ 46-12.5.1-7. Damages.(a) In addition to penalties established in this chapter, any person who violates or causes or permits to be violated a provision of this chapter or rule, regulation, or order pursuant thereto, shall be strictly liable to the state for these costs and expenses:(1) Compensation for any adverse environmental effects caused by the violation, which the court shall determine according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the nature and sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;(2) Costs that the state has incurred in detection, investigation, and correction of the violation;(3) The economic advantage that the person realized in not complying with the requirements and provisions of this chapter.(b) Liability for damages under subsection (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state to its condition before the injury.(c) Nothing in this section shall preclude the state or any private party from seeking additional damages and/or penalties in a civil action brought pursuant to any other provision of the general laws or pursuant to common law, or to limit the damages which can be awarded in such an action.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-8 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-8 - Reimbursement for cleanup expenses - Deposit of money.

§ 46-12.5.1-8. Reimbursement for cleanup expenses — Deposit of money.(a) The department shall promptly seek reimbursement under this chapter or from an applicable federal fund, for the expenses it incurs in the cleanup, containment, or abatement of a discharge of oil. If the department obtains reimbursement for a portion of its expenses from a federal fund, the remainder of the expenses incurred may be recovered as set forth in this chapter.(b) There is hereby established an account within the general fund to be called the oil release response fund. All monies collected pursuant to this chapter shall be deposited into this fund, which shall be administered in accordance with chapter 12.7 of this title.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-9 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-9 - Proceedings for enforcement.

§ 46-12.5.1-9. Proceedings for enforcement.The superior court shall have the jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant thereto. Proceedings for enforcement may be instituted by the attorney general or the director, and in any proceedings in which the attorney general or the director 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 other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-10 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-10 - Criminal penalties.

§ 46-12.5.1-10. Criminal penalties.(a) Except as provided in subsection (c), a person who willfully or with criminal negligence violates a provision of this chapter, or of a rule or regulation promulgated under this chapter or order of the director issued under this chapter 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 a fine and imprisonment; and every person shall be deemed guilty of a separate and distinct offense for each day during which the violations 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, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each instance of violation, or by imprisonment for not more than five (5) years, or by both a fine and imprisonment.(c) Notwithstanding subsection (a), a person who fails to provide or falsely states information required under § 46-12.5-4 [Repealed] shall be guilty of a misdemeanor.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-11 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-11 - Emergency powers.

§ 46-12.5.1-11. Emergency powers.The director shall have all emergency powers and procedures set forth in § 46-12-10.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-12 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-12 - Notices of violations and compliance orders.

§ 46-12.5.1-12. Notices of violations and compliance orders.(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 otherwise specify, the person against whom an order is entered shall, within seventy-two (72) hours of the receipt of the order and before proceeding to install a system or means to contain, abate, control, and remove the discharged oil, submit to the director a plan or a statement describing the system or means that the person intends to implement.(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, which notice shall be similarly eligible for recordation. The original written notice shall be forwarded to the city or town wherein the subject property is located and the notice of satisfactory completion shall be recorded in the land evidence records in the city or town wherein the subject property is located.History of Section.P.L. 1997, ch. 32, § 2; P.L. 2008, ch. 475, § 29; P.L. 2021, ch. 147, § 5, effective July 3, 2021; P.L. 2021, ch. 148, § 5, effective July 3, 2021.
RI Gen L § 46-12.5.1-13 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-13 - Remedies cumulative.

§ 46-12.5.1-13. Remedies cumulative.All remedies provided by this chapter or chapter 12.7 of this title are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter or chapter 12.6 or 12.7 of this title does not stop the state or any person from obtaining relief under any other section of this chapter or chapter 12.6 or 12.7 of this title, or pursuant to any other provision of the general laws or the common law.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-14 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-14 - Oil discharge cleanup personnel, equipment, expenses.

§ 46-12.5.1-14. Oil discharge cleanup personnel, equipment, expenses.In the absence of an alternative, the department, when feasible, shall enter into contracts with persons or private organizations to provide the personnel, equipment, or other services or supplies which may be required to carry out this chapter. Contracts under this section are governed by chapter 2 of title 37. When private contracting is not feasible, the department may establish and maintain at ports, harbors, or other locations in the state, the cleanup personnel, equipment, and supplies which, in its judgment, are necessary to carry out this chapter.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.5.1-15 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.5.1 - Oil Pollution Control|Section 46-12.5.1-15 - Compacts authorized.

§ 46-12.5.1-15. Compacts authorized.The governor may execute supplementary agreements, reciprocal arrangements, or compacts with any other state or country, subject to the approval, if required by the United States Constitution, of the Congress of the United States, for the purpose of implementing this chapter.History of Section.P.L. 1997, ch. 32, § 2.
RI Gen L § 46-12.6-1 - 46-12.6-14 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.6 - Tank Vessel Safety Act|Section 46-12.6-1 - 46-12.6-14 - Repealed.

§ 46-12.6-1 — 46-12.6-14. Repealed.
RI Gen L § 46-12.7-1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-12.7 - Oil Spill Prevention, Administration and Response Fund|Section 46-12.7-1 - Purpose.

§ 46-12.7-1. Purpose.The legislature finds and declares that the release of oil or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in the best interest of the state and its citizens to provide a readily available fund for the payment of expenses that the department of environmental management incurs in the protection of the environment of the state from the release of oil. The legislature further recognizes the considerable hardships which may be incurred by the citizens of the state as a direct result of the release of oil into the environment, and therefore the legislature concludes that it is in the best interest of the state to expand the scope of the fund to allow claims from citizens, in certain instances, and to provide for the disbursal of emergency loans from the fund. The legislature lastly concludes that preparedness is an essential component of prevention of and response to oil spill events and, therefore, the purpose of the fund shall be further expanded to support activities which will directly benefit the state in the event of future oil spill events.History of Section.P.L. 1990, ch. 324, § 4; P.L. 1995, ch. 370, art. 40, § 157; P.L. 1996, ch. 289, § 2; P.L. 2002, ch. 62, § 2.