reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-6. - Recognition of certificates issued by commission.

§ 46-16-6. Recognition of certificates issued by commission.
(a)
Certificates issued by the commission shall be recognized and given in connection with personnel employed in or having responsibilities for plants discharging into any waters of this state.
(b)
Nothing in this chapter shall be construed to require any person to have a certificate in order to be employed in the operation of a sewage or other waste treatment plant. Those requirements, if any, shall be as set forth in or pursuant to other laws of this state; provided that in any case where a certificate is required, an appropriate certificate issued by the commission shall be accepted in lieu of any certificate otherwise required.
History of Section.
P.L. 1970, ch. 26, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-7. - Commission to act independently in some circumstances.

§ 46-16-7. Commission to act independently in some circumstances.
To the extent that the authority conferred upon the commission by this chapter is not otherwise exercisable by the commission under the provisions of the New England Interstate Water Pollution Control Compact, the commission shall not require the financial or other support of the program or programs, authorized hereby, by any state not having enacted legislation substantially similar to this chapter.
History of Section.
P.L. 1970, ch. 26, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-8. - Water quality network.

§ 46-16-8. Water quality network.
(a)
The New England interstate water pollution control commission, hereinafter called
“the commission”
, in cooperation with this state and such other states signatory to the New England Interstate Water Pollution Control Compact as may participate, shall establish and maintain a water quality sampling and testing network. The network shall, to the fullest extent practicable, rely upon the sampling and testing programs of this state, the other participating states, and upon information available from agencies of the federal government, and shall not duplicate any of their activities. However, if the sampling and testing programs of this state and other states, and the information available from agencies of the federal government, are insufficient to provide the commission with records of water quality adequate for its needs, the commission may supplement the sampling and testing otherwise available to it.
(b)
Sampling pursuant to this chapter shall be at points at or near the places where waters cross a boundary of this state, and the samples shall be tested in order to determine their quality. The sampling and testing provided for herein shall be scheduled by the commission or in accordance with its requests, and shall include such factors or elements as the commission shall request. Any sampling and testing done by the water pollution control agency of this state as part of the activities of the commission’s network shall be reported fully and promptly by the agency to the commission, together with the results thereof.
History of Section.
P.L. 1970, ch. 46, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-9. - Compliance with requirements for water quality.

§ 46-16-9. Compliance with requirements for water quality.
(a)
If the commission ascertains that particular waters, at or near a boundary of this state, do not comply with the standards of the commission made pursuant to article V of the New England Interstate Water Pollution Control Compact, or are not otherwise of a quality complying with state law, the commission shall inform the water pollution control agency of this state and of any other state concerned, and shall afford the agencies an opportunity to verify, explain, supplement, or correct the information in the possession of the commission and, if the facts warrant, to take or secure the taking of any necessary remedial action.
(b)
If a remedial action is not taken or secured in a timely fashion, the commission may hold a public hearing on due notice, as provided in its rules and regulations, in order to ascertain all the relevant facts and circumstances.
(c)
Following a public hearing pursuant to subsection (b), the commission may issue an order directed to the source or sources of waste discharge causing or contributing to the deteriorated water quality. The order or orders may require reduction or cessation of waste discharges or the improvement of their quality. No order of the commission pursuant to this subsection shall be valid, unless supported by substantial evidence adduced at the public hearing.
(d)
An order of the commission made pursuant to subsection (b) shall prescribe the date or dates by which discharges of waste are to be reduced, discontinued, or treated, and may contain timetables or schedules for specific steps to be taken in order to comply therewith.
(e)
An order of the commission made pursuant to this section may be enforced in any court of competent jurisdiction. Proceedings shall be only on the record made before the commission.
History of Section.
P.L. 1970, ch. 46, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-16 - New England Interstate Water Pollution Control Commission › Section 46-16-10. - Limitations.

§ 46-16-10. Limitations.
Unless otherwise conferred by law, the commission shall not have power to issue permits or licenses in connection with the discharge or treatment of wastes, or pass upon plans or specifications for particular waste treatment or collection equipment or facilities.
History of Section.
P.L. 1970, ch. 46, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17 - Interstate Compacts for Protection of Resources › Section 46-17-1. - Governor authorized to enter compacts.

§ 46-17-1. Governor authorized to enter compacts.
The governor is hereby authorized to enter into compacts with the governors of other states for the protection of water resources of this state originating outside of this state and for the protection of water resources of other states originating within this state.
History of Section.
P.L. 1942, ch. 1224, § 1; G.L. 1956, § 46-17-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17 - Interstate Compacts for Protection of Resources › Section 46-17-3. - Ratification by Rhode Island.

§ 46-17-3. Ratification by Rhode Island.
When the governor shall have executed the compact on behalf of this state and caused a copy thereof to be filed in the office of the secretary of state, as required by § 46-17-2, and the compact shall have been ratified by any three (3) or more of the states named in article X thereof in accordance with the constitution and laws of the states, and when the United States has provided by law for the designation of its representation on the commission, then the compact shall become operative and effective between this state and other members of the compact. The governor is hereby authorized and directed, upon the execution of the compact by the governor and the filing of the required copy thereof in the office of the secretary of state, to notify forthwith the governors of the named states and the president of the United States, that this state on its part has ratified the compact. The original notice of ratification received from the governor or other duly authorized official of any member joining in the compact shall be filed with the official copy of the compact in the office of the secretary of state; and the notice, if any, as may be received from the president or the congress of the United States, signifying that the United States has provided by law for the designation of its representation on the commission, shall be filed in the same manner.
History of Section.
P.L. 1959, ch. 171, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17 - Interstate Compacts for Protection of Resources › Section 46-17-4. - Appointment.

§ 46-17-4. Appointment.
After the aforesaid compact shall become operative and effective as provided in § 46-17-3, the governor shall appoint the member of the commission to represent this state on the northeastern resources commission. The member shall receive the expenses actually and necessarily incurred in the performance of the duties of the commission as provided in article VII(D) of the compact.
History of Section.
P.L. 1959, ch. 171, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17 - Interstate Compacts for Protection of Resources › Section 46-17-5. - Powers.

§ 46-17-5. Powers.
There is hereby granted, to the commission and member from this state, all powers provided for in the compact and all powers necessary or incidental to the carrying out of the compact in every particular. All officers of this state are hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this state to perform and carry out the compact and the purposes thereof. All powers granted to the commission shall be in aid of and supplemental to, and in no event a limitation upon, the powers vested in the commission by the laws of this state or by the laws of other party states or by the congress or the terms of the compact.
History of Section.
P.L. 1959, ch. 171, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17 - Interstate Compacts for Protection of Resources › Section 46-17-6. - Audit.

§ 46-17-6. Audit.
The controller of the state of Rhode Island is hereby designated as the representative of this state to inspect the accounts of the commission in accordance with article VII(F) of the compact and to report the results of that inspection to the director of administration.
History of Section.
P.L. 1959, ch. 171, § 5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.1 - Conservation of Marine Resources › Section 46-17.1-1. - Transporting of waste and dredge materials over state waterways prohibited.

§ 46-17.1-1. Transporting of waste and dredge materials over state waterways prohibited.
Except as permitted under § 46-23-18.1 or otherwise, no person, either as principal, agent, or servant, shall transport or cause to be transported, dump, or cause to be dumped within the territorial waters of the state, any waste or dredge material. Every person who shall violate any provision of this section shall, upon conviction, be fined not more than one thousand dollars ($1,000) or be imprisoned not more than one year, or both, for each offense.
History of Section.
P.L. 1971, ch. 47, § 1; P.L. 1996, ch. 271, § 5; P.L. 1996, ch. 281, § 5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.1 - Conservation of Marine Resources › Section 46-17.1-2. - Issuance of permit to transport dredge or waste materials over state waters.

§ 46-17.1-2. Issuance of permit to transport dredge or waste materials over state waters.
(a)
The director of the department of environmental management may issue a permit for the transporting and disposal of waste materials within the territorial waters of this state, provided, that upon receiving an application for the permit, the director shall hold a public hearing and give complete details as to the nature of the transporting and dumping request. After the hearing and appropriate investigation, if the director determines that the movement and disposal of the materials as set forth in the application would not be in conflict with the marine ecology within or adjacent to the state’s territorial waters, and that existing fishing grounds would not be damaged or destroyed, he or she may then issue the permit to the applicant; provided, further, that a state inspector be on board the tow vessel at all times during transporting and dumping operations to assure compliance with the terms contained in the permit. The state inspector shall be a qualified sailor selected by the director of the department of environmental management. Inspector’s wages will be determined on the basis of the current rate for comparable work. Wages will be paid to inspectors from the general treasury. However, all wages to be paid to inspectors will be paid to the state in advance by the person or firm requesting the permit. The director may revoke the permit at any time for sufficient cause.
(b)
The provisions of this chapter shall be enforced by state conservation officers within the department of environmental management. Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the transportation thereof regulated under § 46-23-18 and/or 46-23-18.1.
History of Section.
P.L. 1971, ch. 47, § 1; P.L. 1996, ch. 271, § 5; P.L. 1996, ch. 281, § 5; P.L. 2007, ch. 340, § 54.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-1. - Short title.

§ 46-17.2-1. Short title.
This chapter may be cited as the “Tributyltin Antifoulant Paint Control Act”.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-2. - Legislative findings.

§ 46-17.2-2. Legislative findings.
(a)
The General Assembly finds the following:
(1)
Antifoulant paints containing tributyltin based biocides are widely used on vessels in the state to inhibit the growth of marine fouling organisms, such as barnacles, that increase drag and reduce vessel speed and fuel and operating efficiency;
(2)
Laboratory and field studies have shown that tributyltin is highly toxic to marine and fresh water organisms, especially mollusks and juvenile life stages, at extremely low concentrations;
(3)
The United States Environmental Protection Agency has determined that concentrations of tributyltin currently in the waters of the United States may pose unreasonable risks to oysters, clams, fish, and other marine life;
(4)
The continued unrestricted use of tributyltin based antifoulant paints in this state poses a threat to commercially important fish and shellfish species and may ultimately pose a threat to public health;
(5)
Vessels less than sixty-five (65) meters in length that are coated with tributyltin antifoulant paint account for a substantial amount of the tributyltin released into the aquatic environment, especially in restricted bays and inlets where tributyltin concentrations are most likely to build to dangerous levels; and
(6)
Most antifoulant paint containing tributyltin that is used on vessels less than sixty-five (65) meters in length is applied during the spring months prior to the summer boating season.
(b)
The purpose of this chapter is to protect the living marine and fresh water resources of the state, as well as public health, by sharply restricting the use of antifoulant paints containing tributyltin and thus reducing the amount of tributyltin entering the waters of the state.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-3. - Definitions.

§ 46-17.2-3. Definitions.
As used in this chapter:
(1) “Acceptable release rate”
means a measured release rate not to exceed 4.0 micrograms per square centimeter per day for weeks three (3) to five (5), and a cumulative release rate of one hundred sixty-eight (168) micrograms per square centimeter for the first fourteen (14) days as determined in accordance with an United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the federal Insecticide, Fungicide and Rodenticide Act, 7 USC, § 136. If a lower release rate is determined by the department to be necessary to protect health or the environment, the rate if duly adopted by regulatory action of the department, shall be the acceptable release rate as herein defined.
(2) “Commercial boat yard”
means any facility which engages for hire in the construction, storage, maintenance, repair, or refurbishing of vessels (other than seaplanes), or any licensed independent marine maintenance contractor who engages in such activities.
(3) “Department”
means the department of environmental management.
(4) “Marine antifoulant paint”
means any compound, coating, paint, or treatment applied or used for the purpose of controlling fresh water or marine fouling organisms on vessels.
(5) “Tributyltin compounds”
means any compound having three (3) normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.
(6) “Vessel”
means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-4. - Sale and application of tributyltin compounds.

§ 46-17.2-4. Sale and application of tributyltin compounds.
(a)
Except as provided in this chapter, a person may not distribute, possess, sell, offer for sale, apply, or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the department of environmental management, department of the attorney general, and state police may seize any antifoulant paint held in violation of this chapter and any seized substances shall be considered forfeited.
(b)
A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess and apply, or purchase for application, an antifoulant paint containing tributyltin with an acceptable release rate; however, the paint may be applied only within a commercial boat yard and only to vessels which exceed sixty-five feet (65′) in length or which have aluminum hulls, or to vessels less than sixty-five feet (65′) in length if it is applied only to the outboard or lower drive unit of the vessels.
(c)
A person may distribute, sell or apply, a marine antifoulant paint containing tributyltin having an acceptable release rate if the paint is distributed or sold in a spray can in a quantity of sixteen ounces (16 oz.) avoirdupois or less, and is commonly referred to as outboard or lower unit paint.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-5. - Education programs.

§ 46-17.2-5. Education programs.
Through cooperative programs the department shall begin immediately to develop and implement a program designed to inform interstate and intrastate paint manufacturers and distributors, vessel owners, and commercial boat yards in the state of properties of tributyltin in marine antifoulant paints and the law to restrict its use.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-6. - Severability.

§ 46-17.2-6. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part adjudged invalid.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-7. - Penalty.

§ 46-17.2-7. Penalty.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both a fine and imprisonment.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.2 - Antifoulant Paint Control › Section 46-17.2-8. - Regulations.

§ 46-17.2-8. Regulations.
Provisions of this chapter shall be in compliance with the rules and regulations relating to pesticides promulgated by the department of environmental management under provisions of the Rhode Island Pesticide Control Act of 1976, chapter 25 of title 23.
History of Section.
P.L. 1988, ch. 568, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.3 - Ballast Water › Section 46-17.3-1. - Legislative findings.

§ 46-17.3-1. Legislative findings.
The general assembly finds that:
(1)
The waters of the state are a precious, irreplaceable resource essential to the environment, commerce, and recreation of citizens and tourists of the state;
(2)
Non-indigenous aquatic species introduced into waters of the United States from ballast water have caused tremendous environmental and ecological damage, displacing native species, degrading water quality, and interfering with commerce, including the zebra mussel brought into the Great Lakes and the upper Susquehanna River;
(3)
Ballast water practices of commercial shipping vessels may cause irreversible damage to waters of the state; and
(4)
Protective measures against the introduction of non-indigenous aquatic species from ballast water are necessary to minimize exposure of the waters of the state to unwanted contamination and damage caused by these species.
History of Section.
P.L. 2001, ch. 173, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-17.3 - Ballast Water › Section 46-17.3-2. - Purpose.

§ 46-17.3-2. Purpose.
(a)
The purpose of this chapter is to commence the process of developing a ballast water management program in Rhode Island by:
(1)
Calling upon the department of environmental management to investigate and evaluate all relevant state, federal and international laws and policies relating to invasive species management generally and ballast water management specifically; and
(2)
Directing the department of environmental management to report to the general assembly no later than January 15, 2002, regarding the results of the investigation, along with recommended options for establishing a ballast water management program in Rhode Island.
(b)
In carrying out the purposes of this chapter, the department of environmental management shall coordinate with all relevant agencies and organizations, including but not limited to: the International Maritime Organization, the U.S. Coast Guard, the U.S. Environmental Protection Agency, the National Oceanographic and Atmosphere Administration, the U.S. Department of Interior, the Rhode Island coastal resources management council, the Rhode Island economic development corporation, the University of Rhode Island, commercial shipping interests and environmental organizations.
History of Section.
P.L. 2001, ch. 173, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-1. - Right of owner to continue and improve dam and pond.

§ 46-18-1. Right of owner to continue and improve dam and pond.
Whenever any person, either upon his or her own land or upon the land of another with his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to supply water to any mill or mills upon the stream whereon the dam is located, the owner of the mill or dam may continue and improve the pond and keep up the dam thereof on his or her own land for his or her advantage without molestations.
History of Section.
G.L. 1896, ch. 122, § 1; G.L. 1909, ch. 148, § 1; P.L. 1911, ch. 697, § 1; G.L. 1923, ch. 178, § 1; G.L. 1938, ch. 636, § 1; G.L. 1956, § 46-18-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-2. - Action for damages from dam — Liability of mill and dam for recovery.

§ 46-18-2. Action for damages from dam — Liability of mill and dam for recovery.
Any person aggrieved or injured by the following of the pond raised by the dam, or by the stopping or raising of the water either above or below the dam, or by the backing of water under his or her land, or by the flowing out of any fall of water in his or her land by means of the dam, may commence a civil action, in the superior court for the county in which the dam is, against the owner of the dam or any precedent owner thereof, and a copy of the complaint shall be left by the officer serving the complaint in the office of the town clerk of the town in which the dam is; and the mill and milldam complained of, together with all their appurtenances and the land under and adjoining the mill and milldam, shall thenceforth be pledged and liable for the damages which may be recovered in the action.
History of Section.
G.L. 1896, ch. 122, § 2; G.L. 1909, ch. 148, § 2; G.L. 1923, ch. 178, § 2; G.L. 1938, ch. 636, § 2; G.L. 1956, § 46-18-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-3. - Jury trial of damages.

§ 46-18-3. Jury trial of damages.
Whenever any plaintiff in any action shall recover a final judgment for damages against the defendant, the question of the amount of the damages shall, unless otherwise agreed by the parties, be tried by a jury on a day to be appointed by the superior court.
History of Section.
G.L. 1896, ch. 122, § 3; G.L. 1909, ch. 148, § 3; G.L. 1923, ch. 178, § 3; G.L. 1938, ch. 636, § 3; G.L. 1956, § 46-18-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-4. - Scope of damages appraised.

§ 46-18-4. Scope of damages appraised.
The jury shall appraise the damages which the plaintiff shall have sustained by the matters set forth in his or her complaint, from the time of his or her ownership of the premises injured up to the date of the action, if the defendant has been so long for that time the owner of the milldam or pond; if not, then from the time the ownership of the defendant commenced up to the date of the plaintiff’s action, or until the defendant ceased to be owner.
History of Section.
G.L. 1896, ch. 122, § 4; G.L. 1909, ch. 148, § 4; G.L. 1923, ch. 178, § 4; G.L. 1938, ch. 636, § 4; G.L. 1956, § 46-18-4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-5. - Appraisal of future yearly damages.

§ 46-18-5. Appraisal of future yearly damages.
The jury shall also appraise the damages that the plaintiff ought yearly to receive and recover of the defendant, his or her heirs and assigns, or owners of the dam, from the date of the plaintiff’s action until five (5) years after the dam shall be removed by the defendant, or his or her heirs or assigns.
History of Section.
G.L. 1896, ch. 122, § 5; G.L. 1909, ch. 148, § 5; G.L. 1923, ch. 178, § 5; G.L. 1938, ch. 636, § 5; G.L. 1956, § 46-18-5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-6. - Appraisal of damages in gross.

§ 46-18-6. Appraisal of damages in gross.
The jury shall also appraise what sum would be a just and reasonable compensation to the plaintiff for all damages done to the plaintiff by the matters of the complaint set forth in his or her complaint, from the date of his or her action.
History of Section.
G.L. 1896, ch. 122, § 6; G.L. 1909, ch. 148, § 6; G.L. 1923, ch. 178, § 6; G.L. 1938, ch. 636, § 6; G.L. 1956, § 46-18-6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-7. - Election between yearly damages and damages in gross.

§ 46-18-7. Election between yearly damages and damages in gross.
Upon the return and filing of the verdict, the court to which it is returned shall continue the cause to some day certain when the court shall be in session, not less than four (4) weeks after the date of the verdict, before rendering any judgment accepting the verdict; and the plaintiff shall, on or before the date so fixed, in writing, make his or her election between the yearly damages and the damages in gross found by the jury.
History of Section.
G.L. 1896, ch. 122, § 7; G.L. 1909, ch. 148, § 7; G.L. 1923, ch. 178, § 7; G.L. 1938, ch. 636, § 7; G.L. 1956, § 46-18-7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-8. - Effect of election — Judgment.

§ 46-18-8. Effect of election — Judgment.
The election of the plaintiff shall be entered on the records of the court in the case, and shall be forever binding on the plaintiff and defendant and all claiming under them; and the judgment of the court shall follow the election of the plaintiff.
History of Section.
G.L. 1896, ch. 122, § 8; G.L. 1909, ch. 148, § 8; G.L. 1923, ch. 178, § 8; G.L. 1938, ch. 636, § 8; G.L. 1956, § 46-18-8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-9. - Judgment on failure of plaintiff to make election.

§ 46-18-9. Judgment on failure of plaintiff to make election.
If the plaintiff shall neglect to make any election within the time and in the manner prescribed in § 46-18-7, the court shall enter up judgment in the plaintiff’s favor for the yearly damages found by the jury; and the judgment so rendered shall bar all actions for the injuries complained of by the plaintiff, excepting only an action to enforce the judgment.
History of Section.
G.L. 1896, ch. 122, § 9; G.L. 1909, ch. 148, § 9; G.L. 1923, ch. 178, § 9; G.L. 1938, ch. 636, § 9; G.L. 1956, § 46-18-9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-10. - Execution against mill and dam.

§ 46-18-10. Execution against mill and dam.
Every execution that may issue on any judgment for damages rendered as aforesaid, whether for yearly damages or damages in gross, shall run not only against the goods and chattel and real estate of the defendant, but, if the defendant was owner of the mill at the date of the action, also against the mill and milldam which was the occasion of the suit, with all the appurtenances thereof; the form of the execution shall be varied accordingly by the court issuing the execution, and the execution may be levied thereon, and the same proceedings may be had as on executions in other cases levied on real estate.
History of Section.
G.L. 1896, ch. 122, § 10; G.L. 1909, ch. 148, § 10; G.L. 1923, ch. 178, § 10; G.L. 1938, ch. 636, § 10; G.L. 1956, § 46-18-10.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-11. - Effect of sale on execution — Redemption.

§ 46-18-11. Effect of sale on execution — Redemption.
Any sale of the mill or milldam and appurtenances thereof made on the execution shall be valid and effectual against the defendant and against all persons whose titles shall accrue after the service of the complaint in the action; but any person entitled to the premises sold may redeem the premises at any time within one year after the sale, upon paying to the purchaser or person holding under him or her the sum paid therefor, with interest thereon at the rate of twelve percent (12%) per annum.
History of Section.
G.L. 1896, ch. 122, § 11; G.L. 1909, ch. 148, § 11; G.L. 1923, ch. 178, § 11; G.L. 1938, ch. 636, § 11; G.L. 1956, § 46-18-11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-12. - Cessation of yearly damages after removal of dam.

§ 46-18-12. Cessation of yearly damages after removal of dam.
Whenever any plaintiff shall elect to receive the yearly damages awarded him or her as aforesaid, and the millowner shall afterwards remove the matter complained of in the action for which the damages were awarded, the plaintiff or the plaintiff’s assigns shall recover the damages for five (5) years after the matter shall be removed and no longer.
History of Section.
G.L. 1896, ch. 122, § 12; G.L. 1909, ch. 148, § 12; G.L. 1923, ch. 178, § 12; G.L. 1938, ch. 636, § 12; G.L. 1956, § 46-18-12.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-13. - Death of plaintiff pending action.

§ 46-18-13. Death of plaintiff pending action.
If the plaintiff in the action shall die pending the action, the plaintiff’s death shall not abate the action, but the plaintiff’s executor or administrator, as in suits which survive, shall come in and prosecute the action, but the jury assessing damages shall assess damages only up to the date of the plaintiff’s action; which damages shall be assets in the hands of the administrator or executor, and not yearly damages or damages in gross, unless the heirs at law or devisees of the deceased shall, in writing or in person, in open court, consent to the appearance of the administrator or executor.
History of Section.
G.L. 1896, ch. 122, § 13; G.L. 1909, ch. 148, § 13; G.L. 1923, ch. 178, § 13; G.L. 1938, ch. 636, § 13; G.L. 1956, § 46-18-13.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-14. - Sale of cotenant’s interest pending action.

§ 46-18-14. Sale of cotenant’s interest pending action.
If several joint tenants, tenants in common or coparceners be plaintiffs in a suit, and, pending the suit, one or more of them shall sell his or her interest in the premises, alleged to be injured, to one or more of his or her cotenants, the action shall not thereby be abated, but the cause shall proceed to judgment with the same effect as if the conveyance had not been made.
History of Section.
G.L. 1896, ch. 122, § 15; G.L. 1909, ch. 148, § 15; G.L. 1923, ch. 178, § 15; G.L. 1938, ch. 636, § 14; G.L. 1956, § 46-18-14.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-15. - Death of defendant pending action.

§ 46-18-15. Death of defendant pending action.
If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending the suit, his or her death shall not abate the action, but the devisees or heirs at law may come into court within the period of forty (40) days next following the decease, and substitute their names as defendants instead of the deceased.
History of Section.
G.L. 1896, ch. 122, § 16; G.L. 1909, ch. 148, § 15; G.L. 1923, ch. 178, § 15; G.L. 1938, ch. 636, § 15; G.L. 1956, § 46-18-15.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-18 - Damages from Milldams › Section 46-18-16. - Maximum period of detention of natural stream.

§ 46-18-16. Maximum period of detention of natural stream.
No person owning any dam on any river or stream of water shall detain the natural stream thereof, at any one time, more than twelve (12) hours out of twenty-four (24) hours, except on Sundays, whenever he or she shall be requested by the owner of any dam within one mile below on the same stream to suffer the natural run of the river or stream to pass his or her dam.
History of Section.
G.L. 1896, ch. 122, § 17; G.L. 1909, ch. 148, § 16; G.L. 1923, ch. 178, § 16; G.L. 1938, ch. 636, § 16; G.L. 1956, § 46-18-16.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-1. - Periodical inspection required — Records and reports.

§ 46-19-1. Periodical inspection required — Records and reports.
The director of the department of environmental management shall cause to be made a thorough inspection of every dam and reservoir in the state as often as may be necessary to keep himself or herself informed of the condition thereof; and shall make and keep a record of the result of the inspection, with whatever knowledge the director shall obtain in reference to each dam or reservoir, and shall make an annual report of his or her doings in his or her office in the month of January to the governor.
History of Section.
G.L. 1896, ch. 124, § 2; G.L. 1909, ch. 150, § 2; G.L. 1923, ch. 180, § 2; G.L. 1938, ch. 638, § 2; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-2. - Description and plans furnished by owner.

§ 46-19-2. Description and plans furnished by owner.
Every person owning, maintaining, or having control of any dam or reservoir shall, upon written request therefor, furnish to the director of the department of environmental management as full, true, and particular description of the dam or reservoir as may be practicable; and shall, as soon as may be after the request, cause to be made all the necessary surveys, plans, and drawings thereof as may be required by the director.
History of Section.
G.L. 1896, ch. 124, § 3; G.L. 1909, ch. 150, § 3; G.L. 1923, ch. 180, § 3; G.L. 1938, ch. 638, § 3; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-3. - Approval of plans for construction or alteration.

§ 46-19-3. Approval of plans for construction or alteration.
No dam or reservoir shall be constructed or substantially altered until plans and specifications of the proposed work shall have been filed with and approved by the director.
History of Section.
G.L. 1896, ch. 124, § 4; P.L. 1902, ch. 991, § 1; G.L. 1909, ch. 150, § 4; G.L. 1923, ch. 180, § 4; G.L. 1938, ch. 638, § 4; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-5. - Judicial enforcement of order to make dam or reservoir safe.

§ 46-19-5. Judicial enforcement of order to make dam or reservoir safe.
(a)
If the owner or person having the control of any dam or reservoir, who shall be required to draw off the water, or a portion of the water, in any reservoir, or to make alterations in any reservoir, or repairs thereon or additions thereto, in the manner prescribed in § 46-19-4, shall not forthwith proceed to comply with the requirement, or shall not prosecute the work, when commenced, with reasonable expedition, the director of the department of environmental management shall make out a complaint in which he or she shall set forth the condition of the dam or reservoir, and the steps he or she has taken to cause the water to be drawn off therefrom and for the alteration or repair thereof, or to have additions made thereto to secure the safety of the dam or reservoir, and the default of the owner or person having control thereof in drawing off the water, repairing, altering, or in making an addition to the dam or reservoir, and that the safety of life and property is endangered by the default, and shall subscribe the default, and deliver the complaint to the attorney general or to an assistant attorney general, who shall present the complaint to the supreme court or the superior court, with a petition in the nature of an information ex officio, praying that the person owning or controlling the dam or reservoir may be required and ordered forthwith to comply with the requirements of the director of the department of environmental management theretofore made in the premises, or with such other orders as may be made by the court, to secure all persons having reasonable cause to apprehend injury to life or property from the unsafe condition of the dam or reservoir.
(b)
Upon the filing of the petition, a citation shall issue to the person controlling or owning the dam, commanding him or her to appear at a time and place therein named, to show cause, if any exists, why the relief prayed for shall not be granted; and the court shall summarily proceed to hear the cause, and upon hearing the parties, or by proceeding ex parte, if the respondent fails to appear, the court may pass such order and decree in the premises as will effectually secure the persons interested from danger or loss from the breaking of the dam or reservoir complained of; and the court may enforce the orders and decrees by injunction, process for contempt, by sequestration, or by such other process as may be applicable in those cases.
History of Section.
G.L. 1896, ch. 124, § 6; G.L. 1909, ch. 150, § 6; G.L. 1923, ch. 180, § 6; G.L. 1938, ch. 638, § 6; P.L. 1956, ch. 3632, § 1; G.L. 1956, § 46-19-5; P.L. 2007, ch. 340, § 55.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-6. - Access of agents to private property.

§ 46-19-6. Access of agents to private property.
The director and the director’s duly authorized agents may, in the discharge of his or her or their duties, enter upon and pass over private property without rendering himself or herself or themselves liable in an action for trespass.
History of Section.
G.L. 1896, ch. 124, § 9; P.L. 1902, ch. 991, § 2; G.L. 1909, ch. 150, § 9; G.L. 1923, ch. 180, § 9; G.L. 1938, ch. 638, § 9; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-19-6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-7. - Employment of consulting engineer.

§ 46-19-7. Employment of consulting engineer.
The director of the department of environmental management may employ a consulting engineer in any specific case in which the exigencies of the case may require it. The compensation of the consulting engineer shall be allowed by the director, and shall be paid upon the order of the state controller out of any money in the treasury appropriated therefor.
History of Section.
G.L. 1896, ch. 124, § 7; G.L. 1909, ch. 150, § 7; G.L. 1923, ch. 180, § 7; G.L. 1938, ch. 638, § 7; impl. am. P.L. 1939, ch. 660, §§ 65, 100; G.L. 1956, § 46-19-7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-8. - Appropriations and disbursements.

§ 46-19-8. Appropriations and disbursements.
The general assembly shall annually appropriate such sum as it may deem necessary, to pay all necessary expenses incurred by the director of the department of environmental management in the discharge of the director’s duties; and the state controller is hereby authorized and directed to draw his or her orders on the general treasurer from time to time for such sums as may be necessary, upon the presentation of properly authenticated vouchers.
History of Section.
G.L. 1896, ch. 124, § 8; P.L. 1902, ch. 991, § 2; P.L. 1906, ch. 1329, § 2; G.L. 1909, ch. 150, § 8; P.L. 1909, ch. 407, § 2; G.L. 1923, ch. 180, § 8; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 638, § 8; impl. am. P.L. 1939, ch. 660, §§ 65, 100; G.L. 1956, § 46-19-8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19 - Inspection of Dams and Reservoirs › Section 46-19-9. - Emergency action plans.

§ 46-19-9. Emergency action plans.
(a)
By July 1, 2008, an emergency action plan shall be prepared for each significant or high-hazard dam by the city or town wherein the dam lies. The Rhode Island emergency management agency, as established in chapter 15 of title 30, shall develop guidelines for the preparation of emergency action plans. The department of environmental management and the Rhode Island League of Cities and Towns shall cooperate with the Rhode Island emergency management agency in developing the guidelines. All emergency action plans prepared pursuant to this section shall not be considered final or complete until approved by the emergency management agency, with the cooperation of the department of environmental management.
(b)
The owner of any other dam, regardless of the assigned hazard classification, may also be required to prepare an emergency action plan if deemed necessary by the department of environmental management.
(c)
Emergency action plans shall be updated on an annual basis and shall be filed with the Rhode Island emergency management agency, the department of environmental management, the chief of the local police department, and the local city or town emergency management official.
(d)
Once an emergency action plan is complete, the city or town wherein the dam lies shall provide written notice to the dam owner of the costs for actions taken by the city or town in the development of the emergency action plan. Said costs of developing the emergency action plan shall be remitted to the city or town within ninety (90) days of the receipt of the notice. In the event that the costs are not remitted within the ninety-day (90) period, the municipality shall have a valid legal claim against the dam owner, in the amount of such costs, plus any costs associated with the pursuit of the claim.
(e)
Each state agency shall, in cooperation with the municipality in which the dam lies, be responsible for the preparation of an emergency action plan for each high- and significant-hazard dam owned by that agency by the deadline specified in subsection (a).
(f)
The department of environmental management may assess an administrative penalty for failure to comply with subsections (a), (b), (c), and (e) of this section, in accordance with chapter 17.6 of title 42.
(g)
The department of environmental management and the Rhode Island emergency management agency shall establish a notification system for dams in the event of severe weather conditions to coordinate the actions at the federal, state, and local levels. The notification system shall include a dam advisory, a dam watch, and a dam warning.
History of Section.
P.L. 2006, ch. 58, § 2; P.L. 2006, ch. 62, § 2; P.L. 2022, ch. 360, § 1, effective June 29, 2022; P.L. 2022, ch. 361, § 1, effective June 29, 2022.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-19.1 - Dam Permits › Section 46-19.1-1. - Permits required for certain dams.

§ 46-19.1-1. Permits required for certain dams.
Any person who owns or operates a dam that has the capacity to store greater than one thousand four hundred (1,400) normal storage acre feet of water shall apply to the director of the department of environmental management for a permit to raise or lower the water level behind the dam. The owner or operator shall apply for a permit, and until such time as a permit is issued by the director, the owner or operator shall operate the dam in a manner that is consistent with historic use as determined by the director. The director may enforce this section in accordance with chapters 17.1 and 17.6 of title 42. This section shall not apply to dams that impound water for a public water supply system as defined in § 46-13-2. The department may promulgate rules and regulations to implement the provisions of this chapter.
History of Section.
P.L. 2022, ch. 170, § 1, effective June 27, 2022; P.L. 2022, ch. 171, § 1, effective June 27, 2022.