Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Assessment of Administrative Penalties (250-RICR-130-00-1) › Section 250-RICR-130-00-1.7 - Enforcement Options

Current through June 14, 2024
A. The Director may
				  pursue any combination of the following administrative and judicial enforcement
				  actions depending upon the circumstances and gravity of each case. Any
				  combination of enforcement actions are not mutually exclusive and may be
				  cumulative:
1. Letter of Deficiency (LOD),
				  Notice of Noncompliance (NON), Notice of Intent to Enforce (NOI) or Notice of
				  Responsibility (NOR) - written warning or notification concerning a suspected
				  or threatened violation of a legal requirement which, in the Director's
				  judgement, does not justify further enforcement action at that time, but may
				  require the party cited to take such actions necessary to achieve
				  compliance.
2. Notice of Violation
				  (NOV) - formal notice of a suspected violation issued in accordance with R.I.
				  Gen. Laws §§
											42-17.1-2(21)(i)
				  and 42-17.6-3, which:
a. Cites the law, Rule, Regulation, license,
				  permit and/or order allegedly violated;
b. States the facts which form the basis for
				  the Department's belief that a violation has occurred;
c. States the administrative penalty and
				  other relief deemed appropriate by the Director;
d. Specifies a reasonable deadline or
				  deadlines by which the person:
(1) Shall come
				  into compliance with the requirements described in the NOV, or
(2) Shall submit a written proposal setting
				  forth how and when that person proposes to achieve compliance;
e. Informs the person
(1) Of his or her right to file a timely
				  written request for an adjudicatory hearing on either the alleged violation or
				  the penalty or remedy imposed or both,
(2) That said written request for a hearing
				  must be filed with and received by the Administrative Adjudication Division of
				  the Department within twenty (20) days after service of the NOV,
(3) That the written request for an
				  adjudicatory hearing shall strictly comply with the Rules and Regulations for
				  the Administrative Adjudication Division, § 10-00-1.7 of this
				  Title.
(4) That said notice shall
				  become a final order of the Director upon the person's election to waive or
				  failure to request an adjudicatory hearing in a timely manner, and,
(5) That the penalty continues to accrue from
				  the time the Notice of Violation is issued until compliance is achieved
				  pursuant to R.I. Gen. Laws §
													42-17.6-3 if reasonable efforts to
				  promptly come into compliance have not been made;
f. Identifies the individual and division to
				  whom correspondence and inquiries regarding the NOV should be
				  directed;
g. States to whom (which
				  entity) and the date by which the administrative penalty must be paid if the
				  person against whom an administrative penalty is assessed elects to waive or
				  fails to request an adjudicatory hearing in a timely manner and elects to pay
				  the penalty;
h. States the
				  Department's authority to pursue further administrative or judicial enforcement
				  action.
3. Cease and
				  Desist Order - immediate compliance order issued pursuant to R.I. Gen. Laws
				  §
											2-1-24 either upon discovery of a
				  suspected violation of the Fresh Water Wetlands Act, R.I. Gen. Laws §
											2-1-18,
et seq.
or
				  in combination with a Notice of Violation, which:
a. Cites the law, Rule, Regulation, license,
				  permit and/or order allegedly violated;
b. Describes the act or course of conduct
				  which is prohibited by the cease and desist order;
c. Orders the person allegedly in violation
				  of the Fresh Water Wetlands Act, R.I. Gen. Laws §
												2-1-18,
et seq
.,
				  to immediately cease the prohibited act or prohibited course of
				  conduct;
d. Takes effect
				  immediately upon service or within such time as specified by the Director in
				  said order; and
e. States the
				  remedies and penalties which the Director may lawfully impose for any violation
				  of the order.
4.
				  Immediate Compliance Order - emergency order issued in accordance with R.I.
				  Gen. Laws §
											42-17.1-2(21)(ii),
				  which:
a. Cites the law, Rule, Regulation,
				  license, permit and/or order violated;
b. States the facts which form the basis for
				  the Department's belief that an emergency exists;
c. States the remedial action deemed
				  necessary by the Director;
d. Takes
				  effect immediately upon service or within such time as specified by the
				  Director in said order;
e. Shall
				  remain in effect for no more than forty-five (45) days which may be extended
				  for good cause for one additional forty-five (45) day period; and
f. Does not entitle the person so served to
				  an administrative adjudication concerning the substance of the alleged
				  violation or concerning any remedial action ordered.
5. Recordation in Land Evidence Records - in
				  accordance with R.I. Gen. Laws §
											42-17.1-2(13), or
				  any other source of statutory authority, the Director may record any order or
				  notice issued pursuant to the Director's authority in the land evidence records
				  of the city or town wherein the subject property is located. Any subsequent
				  transferee of such property shall be responsible for complying with the
				  requirements of said order or notice so recorded.
6. Court Action
a Civil - direct recourse to a court of
				  competent jurisdiction either in addition to or in lieu of administrative
				  action where:
(1) It is necessary to enforce
				  final administrative orders and seek civil and/or administrative penalties;
				  or
(2) An imminent threat to the
				  public health, safety, welfare or environment exists which warrants injunctive
				  or other emergency relief; or
(3) A
				  pattern of continuous, significant violations exists such that administrative
				  enforcement action alone is unlikely to achieve compliance; or
(4) The court is the most convenient or
				  appropriate forum for resolution of the dispute.
b. Criminal - referral to the Attorney
				  General's Office for prosecution or criminal investigation where:
(1) The alleged act or failure to act may be
				  defined as a criminal offense by State law; or
(2) Enforcement is beyond the jurisdiction or
				  investigative capability of the Department; or
(3) Criminal sanctions may be
				  appropriate.
c.
				  Miscellaneous - Other enforcement options will be pursued, if necessary, to
				  achieve compliance. Additional options include, but are not limited to:
(1) Joint actions with or referrals to other
				  Federal, State, or local agencies;
(2) Direct legal or equitable actions in
				  State or Federal court;
(3) Denial,
				  suspension or revocation of State grants or required permits or
				  certifications.