reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-9. - Notices of violation and compliance orders.

§ 46-12-9. Notices of violation 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 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.
History of Section.
P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-8; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1; P.L. 2011, ch. 170, § 1; P.L. 2011, ch. 311, § 1; P.L. 2021, ch. 147, § 1, effective July 3, 2021; P.L. 2021, ch. 148, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-10. - Emergency powers.

§ 46-12-10. Emergency powers.
Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where that endangerment is, to the livelihood of those persons, or to protect the environment, may, without prior notice of violation or hearing, take such action as the director deems necessary to protect the public health or safety or the environment. The actions may include, but shall not be limited to, the following:
(1)
Issuing an immediate compliance order stating the existence of the violation and the action that the director deems necessary. Any order issued under this section without notice and prior hearing shall be effective no longer than forty-five (45) days; provided, however, that for good cause shown an order may be extended one additional period of up to forty-five (45) days; and/or
(2)
Obtaining injunctive relief or other order from the superior court.
History of Section.
P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-10; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-11. - Service of orders.

§ 46-12-11. Service of orders.
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.
History of Section.
P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-11; P.L. 1966, ch. 261, § 8; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-12. - Modification or revocation of order.

§ 46-12-12. Modification or revocation of order.
Any order of the director may at any time, or from time to time, after at least twenty (20) days’ notice in writing to the person or persons affected thereby, and after a hearing, if so requested by the affected person or persons, be modified or revoked by an order duly entered by the director.
History of Section.
P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 634, § 5; G.L. 1956, § 46-12-12; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-13. - Civil penalties.

§ 46-12-13. Civil penalties.
Except as specified in §§ 46-12-26 and 46-12-27, any person who shall violate the provisions of this chapter, or of any permit, rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day during which the violation occurs. In an action for enforcement brought in the superior court pursuant to this chapter or chapters 12.3, 12.4, or 12.5 of this title, the court also may order any person to pay to the director any and all costs incurred in the investigation, cleanup, and restoration of areas affected by pollutants in connection with any violation. Nothing herein contained shall be construed to limit the amount of monetary relief which the court can award in any action brought pursuant to any other provision of the general laws or pursuant to common law.
History of Section.
P.L. 1920, ch. 1914, § 6; P.L. 1921, ch. 2090, § 4; G.L. 1923, ch. 125, § 6; G.L. 1938, ch. 634, § 6; G.L. 1956, § 46-12-13; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1; P.L. 1990, ch. 324, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-14. - Criminal penalties.

§ 46-12-14. Criminal penalties.
(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.
History of Section.
P.L. 1920, ch. 1914, § 7; G.L. 1923, ch. 125, § 7; G.L. 1938, ch. 634, § 7; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-14; P.L. 1958, ch. 170, § 1; P.L. 1966, ch. 261, § 9; P.L. 1970, ch. 88, § 3; P.L. 1971, ch. 236, § 1; P.L. 1977, ch. 140, § 1; P.L. 1983, ch. 149, § 1; P.L. 1990, ch. 324, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-15. - Inspection powers — Rules and regulations.

§ 46-12-15. Inspection powers — Rules and regulations.
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.
History of Section.
P.L. 1920, ch. 1914, § 8; G.L. 1923, ch. 125, § 8; G.L. 1938, ch. 634, § 8; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-15; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-16. - Prosecution of violations.

§ 46-12-16. Prosecution of violations.
The director, without being required to enter into any recognizance or to give surety for costs, may institute civil or criminal proceedings for the violation of any provision of this chapter or of any permit, rule, regulation, or order issued pursuant thereto. It shall be the duty of the attorney general to carry out all proceedings brought by the director.
History of Section.
P.L. 1920, ch. 1914, § 9; G.L. 1923, ch. 125, § 9; G.L. 1938, ch. 634, § 9; P.L. 1947, ch. 1834, § 1; P.L. 1954, ch. 3334, § 1; G.L. 1956, § 46-12-17; P.L. 1966, ch. 261, § 16; P.L. 1970, ch. 88, § 4; P.L. 1974, ch. 274, § 4; P.L. 1977, ch. 182, § 16; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-17. - Proceedings for enforcement.

§ 46-12-17. Proceedings for enforcement.
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.
History of Section.
P.L. 1983, ch. 149, § 1; P.L. 2021, ch. 147, § 1, effective July 3, 2021; P.L. 2021, ch. 148, § 1, effective July 3, 2021.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-18. - Records of operation.

§ 46-12-18. Records of operation.
The director may, by regulation, order, permit, or otherwise, require any person who discharges to the waters or who discharges to a publicly owned treatment works to:
(1)
Establish and maintain such records;
(2)
Make such reports;
(3)
Install, calibrate, use, and maintain such monitoring equipment or methods (including where appropriate, biological monitoring methods);
(4)
Sample such discharges (in accordance with such methods, at such locations, at such intervals, and in a manner as the director shall prescribe); and
(5)
Provide such other information relating to discharges into the waters or into a publicly owned treatment works as the director may reasonably require.
History of Section.
G.L. 1938, ch. 634, § 14; P.L. 1950, ch. 2542, § 1; G.L. 1956, § 46-12-26; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-19. - Public access to information.

§ 46-12-19. Public access to information.
(a)
Any permit, permit application, or effluent data shall be available to the public for inspection and copying.
(b)
Other records, reports, or information obtained under this chapter also may be made available to the public for inspection and copying; provided, that upon a showing, satisfactory to the director by any person, that the records, reports, or information or any part thereof, except as provided in subsection (a) of this section, would if made public divulge methods or processes entitled to protection as trade secrets of the person, the director 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 this chapter or, when relevant, in any proceeding under this chapter.
History of Section.
P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-20. - Rules — Proceedings.

§ 46-12-20. Rules — Proceedings.
In establishing any rule or regulation hereunder or in the conduct of proceedings or in any appeal from an order of the director provided for by this chapter, the provisions of chapter 35 of title 42 shall apply.
History of Section.
P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, § 16; G.L. 1938, ch. 634, § 16; G.L. 1956, § 46-12-29; P.L. 1966, ch. 261, § 14; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-21. - Liability.

§ 46-12-21. Liability.
Any person who shall negligently or intentionally pollute groundwater shall be liable to any other person who is damaged by that pollution.
History of Section.
P.L. 1920, ch. 1914, § 16; G.L. 1923, ch. 125, § 16; G.L. 1938, ch. 634, § 16; G.L. 1956, § 46-12-30; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-22. - Access of enforcement officers to premises.

§ 46-12-22. Access of enforcement officers to premises.
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.
History of Section.
P.L. 1920, ch. 1914, § 21; P.L. 1921, ch. 2090, § 6; G.L. 1923, ch. 125, § 18; G.L. 1938, ch. 634, § 18; G.L. 1956, § 46-12-31; P.L. 1966, ch. 261, §§ 15, 16; P.L. 1977, ch. 182, § 16; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-23. - Town and city expenditures for pollution control.

§ 46-12-23. Town and city expenditures for pollution control.
The town council of every town and city council of every city are hereby authorized to make available sufficient money to pay for the proper control of the pollution of waters in their respective towns or cities, and the towns and cities may raise the money by the issue of interest bearing notes of the town or city, which notes shall not be considered in determining whether the indebtedness of the town or city is in excess of the statutory limitation; provided, however, that before any notes or any other evidences of indebtedness are issued, any and all plans and specifications for the proper control of the pollution of the waters shall be submitted to and receive the approval of the state department of environmental management.
History of Section.
P.L. 1940, ch. 952, § 1; G.L. 1956, § 46-12-32; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-24. - State grants and loans for pollution prevention facilities to governmental entities.

§ 46-12-24. State grants and loans for pollution prevention facilities to governmental entities.
The director is authorized, within any limits of funds made available therefor, to make grants and loans to any municipality, inter-municipal agency, municipal sewer district, or state district or agency for the construction of necessary facilities to prevent the discharge of untreated or inadequately treated pollutants into the waters of the state, and for the preparation of reports, plans, and specifications required in connection therewith under the following terms:
(1)
The grant or loan shall be made only in connection with a project which has or would be eligible for a grant or loan under the Clean Water Act, 33 U.S.C. § 1251 et seq., as amended from time to time.
(2)
The amount of the grant or loan shall be in an amount necessary to assure the recipient of the maximum federal aid that it can anticipate qualifying for under the Clean Water Act, 33 U.S.C. § 1251 et seq., or to supplement federal aid when the maximum federal aid, for which the project is eligible, is not currently available, or to provide state assistance for projects which are eligible under the Clean Water Act but which may not receive such federal assistance.
(3)
The plans and specifications for the project must be approved by the director in accordance with this chapter.
(4)
The grant or loan shall be made available to the applicant in partial payments on a time schedule similar to that followed by the United States Environmental Protection Agency, the payments to be proportioned in a similar manner except that the director may reimburse applicants for eligible projects that have already been initiated, but not yet completed, and for which only partial federal and/or state aid was provided.
(5)
No grant or loan shall be made for any project until the applicant has made provision satisfactory to the director for assuring its proper and efficient operation and maintenance.
(6)
An applicant for a grant or loan must file such executed forms and provide such information as may be required by the director.
History of Section.
P.L. 1967, ch. 198, § 14; G.L. 1956, § 46-12-33; P.L. 1983, ch. 149, § 1; P.L. 1986, ch. 289, art. 1, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-24.1. - State grants and loans for pollution prevention facilities to nongovernmental entities.

§ 46-12-24.1. State grants and loans for pollution prevention facilities to nongovernmental entities.
The director is authorized within any limits of funds made available therefor, to make grants and loans to any nongovernmental entities in Rhode Island for the construction of necessary facilities to prevent the discharge of untreated or inadequately treated pollutants into the waters of the state, and for the preparation of reports, plans, and specifications required in connection therewith under the following terms:
(1)
The plans and specifications for the project must be approved by the director in accordance with this chapter.
(2)
No grant or loan shall be made for any project until the applicant has made provision satisfactory to the director for assuring its proper and efficient operation and maintenance.
(3)
An applicant for a grant or loan must file such executed forms and provide such information as may be required by the director.
History of Section.
P.L. 1986, ch. 289, art. 1, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-25. - Report required by owners or lessees of solid waste disposal areas.

§ 46-12-25. Report required by owners or lessees of solid waste disposal areas.
If any person, firm, or corporation continuously uses any area for the disposal of solid waste which is located within two hundred feet (200′) of any water course, then the owner of the land or lessee, if leased land, where the area is located must submit to the director a written report every sixty (60) days or more frequently if required by the director. The report shall contain among other things the content of dissolved oxygen, the biological oxygen demand, chlorides, iron, and a coliform bacteria count, from sites tested immediately upstream and downstream of the landfill area at locations prescribed by the director.
History of Section.
P.L. 1973, ch. 207, § 1; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-26. - Penalty for failure to report.

§ 46-12-26. Penalty for failure to report.
Any person, firm, or corporation who shall fail to submit reports as required by § 46-12-25, shall be punished by a fine of four hundred dollars ($400) per day for each day that a report is not filed.
History of Section.
P.L. 1973, ch. 207, § 1; G.L. 1956, § 46-12-35; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-27. - Penalty for falsification of report.

§ 46-12-27. Penalty for falsification of report.
Any person, firm, or corporation who shall falsify any report required by § 46-12-25, shall be punished by a fine not exceeding four hundred dollars ($400), or by imprisonment of not more than one year, or both.
History of Section.
P.L. 1973, ch. 207, § 1; G.L. 1956, § 46-12-36; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-28. - Protection of groundwaters.

§ 46-12-28. Protection of groundwaters.
Groundwaters shall be and shall be deemed to be waters of the state and shall be protected pursuant to the provisions of this chapter with respect to the following activities, which shall be regulated by the director in accordance with the provisions of this chapter and chapter 13.1 of this title:
(1)
Discharge of pollutants onto or beneath the land surface; in a location where it is likely for the pollutants to enter the groundwaters of the state;
(2)
Subsurface containment systems used to store wastewaters, petroleum products, hazardous materials or other pollutants;
(3)
Facilities which treat or provide for disposal of petroleum products, hazardous materials, hazardous waste, solid waste or dredged material;
(4)
Facilities with store bulk quantities of petroleum products, hazardous materials or hazardous waste;
(5)
Facilities and activities which have caused or have the potential to cause a release of pollutants to groundwater;
(6)
Activities undertaken to remediate groundwater quality.
History of Section.
P.L. 1983, ch. 149, § 1; P.L. 1995, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-29. - Effective date of chapter.

§ 46-12-29. Effective date of chapter.
This chapter shall take effect on September 15, 1983, except that prior to that date the director of the department of environmental management may conduct any hearings necessary to carry out the purposes of this chapter, and file with the secretary of state any rules and regulations authorized by this chapter to take effect on or after that date.
History of Section.
P.L. 1981, ch. 253, § 1; G.L. 1956, § 46-12-37; P.L. 1983, ch. 149, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-30.2. - Definitions and guidelines for replacement and periodic inspection of tanks.

§ 46-12-30.2. Definitions and guidelines for replacement and periodic inspection of tanks.
(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.
History of Section.
P.L. 1985, ch. 486, § 1; P.L. 1988, ch. 84, § 62; P.L. 2002, ch. 239, § 1; P.L. 2003, ch. 103, art. 4, § 1; P.L. 2007, ch. 100, § 1; P.L. 2007, ch. 114, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-30.5. - Bonds authorized.

§ 46-12-30.5. Bonds authorized.
The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the requirements of law, to issue from time to time bonds in the name and on behalf of the state and in such amounts as may be specified in an amount not to exceed one million five hundred thousand dollars ($1,500,000).
History of Section.
P.L. 1985, ch. 486, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-37. - Waste from seagoing vessels.

§ 46-12-37. Waste from seagoing vessels.
The owners and/or agents of any seagoing vessel entering the waters or waterways of this state which intends to transfer or discharge any type of waste or bilge at a certified shore facility or terminal pursuant to the Resource and Conservation Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., shall first file a performance bond or other evidence of financial responsibility with the director in the amount of at least fifty thousand dollars ($50,000) payable to the state of Rhode Island. In the event the vessel causes damage to the environment, the bond shall be forfeited to the extent of the costs incurred by the state to rectify and clean up the damage to the environment and natural resources of the state and to the extent of any fine levied for violations of water pollution abatement laws. Any seagoing vessel transferring any type of waste or bilge without coverage shall be fined not more than five thousand dollars ($5,000).
History of Section.
P.L. 1986, ch. 96, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-39. - Discharge of sewage from boats.

§ 46-12-39. Discharge of sewage from boats.
(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.
History of Section.
P.L. 1991, ch. 332, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-40. - Penalty for violations.

§ 46-12-40. Penalty for violations.
(a)
Every person in violation of § 46-12-39 or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39 or aiding in so doing, shall for the first offense be punished by a fine of not more than five hundred dollars ($500), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, and for a second and each subsequent offense shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than one year in the adult correctional institutions, or both such fine and imprisonment, in the discretion of the court. If a municipality assists in the prosecution of a violation of § 46-12-39 any fine imposed for that violation shall be paid one-half (½) thereof to the general treasurer of the state and one-half (½) thereof to the treasurer of the town or city where the offense occurred.
(b)
Every person in violation of § 46-12-39.1, or owning, operating or causing to be operated, upon the waters of the state, a boat in violation of the provisions of § 46-12-39.1, shall be guilty of a civil violation and subject to a fine of up to one hundred dollars ($100). If a municipality assists in the prosecution of a violation of § 46-12-39.1, any fine imposed for that violation shall be paid one-half (½) thereof to the general treasurer of the state and one-half (½) thereof to the treasurer of the town or city where the offense occurred.
(c)
Notwithstanding any inconsistent provision of law, the municipal court shall have concurrent jurisdiction with the district court to hear and adjudicate violations under this section.
History of Section.
P.L. 1991, ch. 332, § 2; P.L. 2004, ch. 338, § 2; P.L. 2004, ch. 399, § 2; P.L. 2006, ch. 45, § 3; P.L. 2006, ch. 181, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12 - Water Pollution › Section 46-12-41. - Enforcement.

§ 46-12-41. Enforcement.
(a)
The department of environmental management, harbormasters, assistant harbormasters, police officers authorized to make arrests, and employees of the department of environmental management authorized to enforce the provisions of chapter 22 of this title shall have the authority to enforce the provisions of § 46-12-39 and § 46-12-39.1. In the exercise of enforcing the provisions of § 46-12-39 they shall have the authority to stop and board any vessel subject to this chapter.
(b)
Harbormasters and assistant harbormasters are authorized to make periodic color dye flush tests of boats subject to § 46-12-39.1, and may check such boats moored in their jurisdictions for no discharge certificate decals, as required pursuant to § 46-12-39.1.
(c)
Municipalities of the state may deny a mooring permit to any boat not in compliance with § 46-12-39.1.
History of Section.
P.L. 1991, ch. 332, § 2; P.L. 2004, ch. 338, § 2; P.L. 2004, ch. 399, § 2; P.L. 2006, ch. 45, § 4; P.L. 2006, ch. 181, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.1 - Underground Storage Tanks › Section 46-12.1-1. - Purpose and scope of chapter.

§ 46-12.1-1. Purpose and scope of chapter.
(a)
For the purposes of promoting health, safety, or general welfare, and in order to effect uniform regulation within the state for regulating underground storage tanks as defined in § 46-12.1-2, the cities and towns may adopt, in accordance with the provisions of this chapter, ordinances providing for the regulation and control of underground storage tanks as defined in § 46-12.1-2, and establishing procedures for the registration, testing and removal of such underground tanks.
(b)
The purpose of this chapter is to protect public health from the contamination of public and private water supplies due to leakage from such facilities, to protect public safety from the dangers of fire and explosion associated with such leakage, and to protect the general welfare by preserving limited water supplies for present and future use.
(c)
Ordinances shall be, as far as possible, consistent with state regulations and in no case shall be less stringent than state rules and regulations.
History of Section.
P.L. 1985, ch. 488, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.1 - Underground Storage Tanks › Section 46-12.1-2. - Definitions.

§ 46-12.1-2. Definitions.
As used in this chapter, all terms shall, where the context permits, be construed in accordance with the “regulations for underground storage facilities used for petroleum products and hazardous materials,” as promulgated by the department of environmental management. The following terms as used in this chapter shall have the following meanings:
(1) “Abandoned”
means the relinquishment or termination of possession, ownership, or control of underground storage tanks, by vacating or by disposition, or the underground storage tank being out of service for a continuous period in excess of six (6) months.
(2) “Underground”
means that ten percent (10%) or more of the volume of facility components storage tanks and piping is buried in the ground.
(3) “Underground storage tank”
means either:
(a)
On site underground storage tanks used for storing heating oil and serving a one, two (2), or three (3) family dwelling including underground pipes connected thereto; or
(b)
Farm or residential underground storage tanks holding less than one thousand one hundred (1,100) gallons and storing motor fuel or heating oil for noncommercial purposes including underground pipes connected thereto.
(4) “Enforcing officer”
means the chief of the fire department, the building official, the public safety director, the public utilities director or the public works director of the several cities, towns and fire districts, as may be designated in any ordinance adopted under this chapter, or his or her designee.
History of Section.
P.L. 1985, ch. 488, § 1; P.L. 2001, ch. 311, § 1; P.L. 2001, ch. 363, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.1 - Underground Storage Tanks › Section 46-12.1-3. - Powers and duties of city or town enforcing officer.

§ 46-12.1-3. Powers and duties of city or town enforcing officer.
The enforcing officer shall be responsible for administering local ordinances adopted pursuant to this chapter. In addition to any other powers granted the enforcing officer by ordinance or other state law, the officer shall have the authority to:
(1)
Issue permits for the maintenance, installation, abandonment, and removal of underground storage tanks;
(2)
Require the removal, at the owner’s expense, of all tanks and underground pipes deemed to pose a threat to the public health or the environment;
(3)
Require testing, monitoring, record keeping, and reporting by the owner or operator, and record keeping and reporting by suppliers;
(4)
Inspect facilities at which underground storage tanks are located;
(5)
Require closure of abandoned storage tanks consistent with the permanent closure procedures in the regulations for underground storage facilities used for petroleum products and hazardous materials issued by the department of environmental management.
History of Section.
P.L. 1985, ch. 488, § 1; P.L. 2001, ch. 311, § 1; P.L. 2001, ch. 363, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.1 - Underground Storage Tanks › Section 46-12.1-4. - Penalties.

§ 46-12.1-4. Penalties.
Violations of the provisions of § 46-12.1-3 shall be subject to fines of fifty ($50.00) dollars per day for each day the tank remains in the ground after notification, in writing, by the enforcing officer that the provisions of § 46-12.1-3 have been violated. This penalty shall be in addition to any fine or penalty that may be assessed under other state law or regulations.
History of Section.
P.L. 1985, ch. 488, § 1; P.L. 1988, ch. 84, § 115.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-1. - Legislative findings.

§ 46-12.2-1. Legislative findings.
(a)
It is hereby found that there exists and will in the future exist within the state of Rhode Island the need to construct facilities and to facilitate projects for the abatement of pollution caused by wastewater for the enhancement of the waters of the state, and for the completion of renewable energy and energy efficiency projects in order to save property owners money and to encourage job and business growth in Rhode Island.
(b)
It is hereby further found that to meet water quality goals under federal and state law, and to secure maximum benefit of funding programs available under federal and state law pertaining to wastewater pollution abatement projects, it is necessary to establish a revolving loan fund program in accordance with federal and state law to provide a perpetual source of low cost financing for water pollution abatement projects.
(c)
It is hereby further found that to secure maximum benefit to the state from funding programs available under federal and state law and, to the extent permissible to attract private capital, for water pollution abatement projects, for safe drinking water projects, for municipal road and bridge projects, and other infrastructure related projects, it is necessary to establish a finance agency to administer the revolving loan funds and other financing mechanisms, and for the finance agency to work with the department of environmental management, Rhode Island department of transportation, the Rhode Island office of energy resources and other federal and state agencies for proper administration of revolving loan funds and other financing mechanisms.
(d)
It is hereby further found that cities and towns can lower the costs of borrowing for road and bridge projects through cooperation with the Rhode Island infrastructure bank and that greater coordination among cities and towns will enable more efficient allocation of infrastructure resources by the state of Rhode Island.
(e)
It is hereby further found that the geographic size of and population of Rhode Island, while often derided as an impediment to economic growth, are potential assets, not handicaps, to better infrastructure development.
(f)
It is hereby further found that initiatives for infrastructure finance can best be accomplished through a new, streamlined entity that seeks to foster and develop a public-private sector partnership that takes advantage of all of Rhode Island’s strengths.
(g)
It is hereby further found that expanding the Rhode Island clean water finance agency and renaming it the Rhode Island infrastructure bank provides the best avenue for reducing ongoing pollution to the waters of the state and emissions that degrade air quality and contribute to climate change while fostering the creation of jobs and the realization of energy cost savings through the facilitation of infrastructure improvements.
History of Section.
P.L. 1989, ch. 303, § 2; P.L. 2001, ch. 144, § 4; P.L. 2001, ch. 163, § 4; P.L. 2015, ch. 141, art. 14, § 17.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-4.1. - Power to participate in projects to enhance the waters of the state.

§ 46-12.2-4.1. Power to participate in projects to enhance the waters of the state.
The agency shall have the power to exercise the powers set forth in § 46-12.2-4 to participate in the following projects and classes of projects that enhance the waters of the state: projects for dewatering dredged material, for beneficial use and disposal of dredged material at sites above mean high water and for confined aquatic disposal of dredged materials, provided that the project has been approved by the coastal resources management council and the department as provided for in chapter 6.1 of this title, and further provided that the project is supported either by a fund established for the purposes of supporting such projects or is supported from project revenues. The agency shall cooperate with the coastal resources management council and the department in preparing a proposal for establishing a fund to support projects for dewatering dredged material, for beneficial use and disposal of dredged material at sites above mean high water and for confined aquatic disposal of dredged materials.
History of Section.
P.L. 2001, ch. 144, § 5; P.L. 2001, ch. 163, § 5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-5. - Officers.

§ 46-12.2-5. Officers.
(a)
An executive director, who shall be a person professionally skilled and experienced in law, finance, or public administration, shall be appointed by the board of directors as chief executive officer of the agency, and shall serve at the pleasure of the board. The executive director shall administer the affairs of the agency, including, without limiting the generality of the foregoing matters, relating to contracting, financial assistance administration, personnel and administration, under the supervision of the board in accordance with such authorizations as the board may from time to time reasonably adopt and continue in force. Salaries of personnel shall be guided by the unclassified pay plan. The board may also appoint persons to hold the offices of secretary and treasurer to the agency, including assistant secretaries and assistant treasurers in whom may be vested any of the powers of the secretary and the treasurer, respectively, or may appoint a director or employee of the agency to exercise such duties. The secretary shall be the custodian of the seal and of the books and records of the agency, and shall keep a record of the proceedings of the board of directors. The secretary may cause copies to be made of all minutes and other records and documents of the agency, and may give certificates under its official seal to the effect that the copies are true copies and all persons dealing with the agency may rely upon the certificates. The treasurer shall have charge of the books of account and accounting records of the agency, and shall be responsible, under the supervision of the executive director, for financial control for the agency. The board shall appoint and establish compensation benefits and other terms of employment for other officers and employees of the agency as it deems reasonable and necessary. Officers of the agency shall serve at the pleasure of the board or under contracts of employment; provided, however, that no contract of employment shall exceed a term of three (3) years, which may be renewed upon the expiration for successive terms.
(b)
Present or past directors, officers, employees, or agents of the agency may be indemnified by the agency to the extent allowed by and in accordance with the indemnification provisions applicable to nonprofit corporations pursuant to § 7-6-6, as amended from time to time. The agency shall be a public body for purposes of § 9-1-31.1.
(c)
The agency shall be subject to the provisions of § 42-11.3-1 and the executive director shall not be deemed to be a director as used in said section.
History of Section.
P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-5.1. - Purchasing.

§ 46-12.2-5.1. Purchasing.
Internal purchasing procedures of the agency shall follow the principles and policies of state purchasing.
History of Section.
P.L. 1989, ch. 303, § 2; P.L. 1993, ch. 259, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-9. - Authorization to expend funds available for local grants.

§ 46-12.2-9. Authorization to expend funds available for local grants.
In addition to the financial assistance provided by the agency to local governmental units, persons or corporations for approved projects in accordance with this chapter, the department is hereby authorized to expend funds otherwise available for grants to local governmental units, persons or corporations to the extent permitted by federal and state law.
History of Section.
P.L. 1989, ch. 303, § 2; P.L. 2015, ch. 141, art. 14, § 17.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-12.2 - Rhode Island Infrastructure Bank › Section 46-12.2-12. - Power of local governmental units to issue limited obligations payable from wastewater system revenues.

§ 46-12.2-12. Power of local governmental units to issue limited obligations payable from wastewater system revenues.
(a)
If required by the applicable loan agreement, and notwithstanding any general or special law or municipal charter to the contrary, local governmental obligations shall be issued as limited obligations payable solely from wastewater system revenues pledged to their payment in accordance with § 46-12.2-13. If required by the applicable loan agreement, local governmental obligations issued in accordance with this section shall also be general obligations of the local governmental unit and secured by a pledge of its full faith and credit. Notwithstanding § 45-12-2 or any general or special law or municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from wastewater system revenues pursuant to this section without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the state. This chapter shall constitute the bond act for the issuance of the local governmental obligations payable solely from wastewater system revenues by local governmental units. Any local governmental obligations issued in accordance with this section that is payable solely from wastewater system revenues shall recite on its face that it is a limited obligation payable solely from wastewater system revenues pledged to its payment.
(b)
The issue of local governmental obligations in accordance with this section, the maturity or maturities and other terms thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the local governmental unit in respect of the same shall be governed by the provisions of this chapter relating to the issue of local governmental obligations to the extent applicable and not inconsistent with this section.
History of Section.
P.L. 1989, ch. 303, § 2.