reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.4 - Application

Current through June 14, 2024
A. The terms and provisions of these
				  Guidelines shall be liberally construed to allow DEM to fulfill the
				  requirements of state law, regulations, and policies. DEM reserves the right to
				  modify these Guidelines at any time. All modifications to these Guidelines
				  shall be consistent with applicable state and federal law. These Guidelines:
1. apply to all administrative inspections
				  completed by DEM after the effective date under the authority of the
				  environmental statutes and regulations that DEM administers;
2. do not create any rights, duties, or
				  obligations, implied or otherwise, in any third parties;
3. are not to be interpreted as changing
				  existing laws and regulations and do not limit or expand DEM's existing legal
				  authority to conduct regulatory inspections;
4. are not intended to limit or expand the
				  rights or privacy expectations of property owners already specified by law or
				  declared by the courts;
5. do not
				  address, or propose that a criminal search warrant shall be required for
				  regulatory inspections; and
6.
				  shall not limit or restrict the legal methods or procedures by which DEM may
				  seek to secure access to private property for the purpose of conducting
				  inspections.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.6 - Reasons for Needing Access to Private Property

Current through June 14, 2024
A.
				  Apart from criminal investigations, inspections by the Department can be
				  categorized as follows:
1. Emergency
				  situations include those situations where there is reasonable evidence
				  indicating that an imminent or serious threat to the environment or public
				  health, safety, or welfare exists so as to warrant investigation, remediation
				  or other immediate response by the Department. Examples include response to
				  complaints of significant odors, oil spills, chemical releases or alterations
				  to the environment that have or are likely to result in detrimental impacts or
				  irreparable harm to the resource.
2. Compliance monitoring includes situations
				  where a structure or activity on the property is subject to statutory or
				  regulatory authority by the Department, and the Department, in response to a
				  complaint or in the course of a regular compliance inspection program, needs to
				  ensure compliance, but such need is not of an emergency situation. This will
				  include facilities or activities where the Department has permitting or
				  licensing authority (e.g., discharges, emissions, waste management/disposal,
				  alterations of freshwater wetlands, or construction or repair of individual
				  sewage disposal systems ("ISDS")) as well as activities for which no individual
				  permit is required but which are subject to environmental statutes and
				  Department regulations (e.g., management of hazardous wastes or air emission
				  controls).
3. Field activities such
				  as sampling, monitoring and surveying for reasons other than responding to an
				  emergency situation or ensuring compliance with regulatory requirements but
				  that support the Department's statutory mandate to evaluate and protect the
				  natural resources of the State of Rhode Island. Examples include environmental
				  assessments of hazardous contamination, water quality assessments, restoration
				  projects, fish and wildlife surveys, forestry surveys, pollution prevention
				  projects, freshwater wetland assessments, ISDS and educational
				  activities.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.9 - Protocol for Warrant Inspections

Current through June 14, 2024
A. Absent consent
				  to conduct an inspection, all other administrative inspections shall require
				  the issuance of an administrative inspection warrant or other legal process
				  such as an injunction for access unless the inspection falls within one of the
				  established exceptions for permissible, warrant-less searches described in
				  §
										3.10 of
				  this Part. Conducting an inspection pursuant to a valid administrative
				  inspection warrant will help insure that evidence gathered during the
				  inspection is admissible in subsequent legal proceedings. Inspections conducted
				  pursuant to a court-issued administrative inspection warrant should be
				  conducted in accordance with the general protocol for administrative
				  inspections to the extent practicable and consistent with the nature and terms
				  of the administrative inspection warrant.
1.
				  Administrative inspection warrants can be used to obtain access to properties
				  for a variety of reasons, including but not limited to situations where:
a. Consent for the inspection has been
				  requested and either denied or granted subject to unacceptable
				  conditions;
b. The Department seeks
				  to maintain the element of surprise;
c. The Department wants to avoid the delay
				  associated with a refusal to allow a consensual inspection;
d. Multiple site visits would be inconvenient
				  (i.e. the site is distant or difficult to reach);
e. Past experience indicates that consent for
				  the inspection is likely to be denied;
f. The timing of the inspection is important
				  to insure that certain conditions will exist or remain unaltered prior to the
				  inspection; or
g. The Department is
				  unable to identify, locate or get a response from a party to consent to an
				  administrative inspection.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.10 - Protocol for Warrant-Less Inspections

Current through June 14, 2024
A. In addition to
				  those situations where consent to inspect is properly obtained from an
				  appropriate party, there are certain other limited circumstances where an
				  inspection may be conducted without seeking an administrative inspection
				  warrant or other court ordered access. These circumstances include inspections
				  of closely regulated industries, emergencies, open fields, and conditions that
				  are in plain view. In some instances the scope of the inspection that is
				  allowed under these circumstances will be more limited than that which might be
				  agreed to by consent or approved through an administrative inspection warrant.
				  Warrant-less inspections should be conducted in accordance with §
										3.7 of this Part to the
				  extent practicable and consistent with the circumstances under which the
				  inspection is conducted. Note: Inspectors must be aware that performing an
				  unlawful warrant-less inspection could prevent any evidence gathered during the
				  inspection or any evidence that is later gathered as a result of information
				  learned during the unlawful inspection from being used in any legal
				  proceedings.
1. Closely Regulated Industries
				  - Closely regulated industries are subject to warrant-less administrative
				  inspections without consent, court order or prior notification. Inspections of
				  closely regulated industries should be limited in scope to those areas,
				  structures, activities, conditions, items, materials, processes, property,
				  records, information or equipment covered by DEM's license, permit or
				  controlling environmental regulations. Industries, businesses or activities
				  that are not closely regulated may still be subject to warrant-less inspections
				  under one of the other categories of warrant-less inspections discussed in this
				  section (e.g. §
											3.10(A)(3) 
				  of this Part, the Open Fields Doctrine). Some examples of closely regulated
				  industries include, but are not limited to:
a. Businesses or other activities that have
				  obtained or are required to obtain a permit, license, or other approval from
				  DEM that is necessary for them to conduct their activity, such as a wastewater
				  discharge permit; air permit; hazardous waste treatment, storage or disposal
				  permit; or solid waste license.
b.
				  Businesses that are authorized to operate without a permit, license, or other
				  approval from DEM provided that their operations comply with applicable DEM
				  rules and regulations, such as hazardous waste generators or facilities with
				  equipment that produces air pollutants.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.11 - Protocol for Collecting Samples

Current through June 14, 2024
A. Samples of air,
				  water, soils or other materials may be taken for analysis if within the scope
				  of the consent given for the administrative inspection, the terms of the
				  administrative inspection warrant or the terms of a court order. Samples may
				  also be taken as part of a lawful warrant-less inspection of a closely
				  regulated industry or as part of an emergency situation where sampling is
				  reasonably related to abating the emergency. The ability to take samples as
				  part of an open fields or plain view warrant-less inspection will be dependent
				  on the circumstances surrounding the inspection and inspectors should consult
				  with a supervisor before taking samples during these types of inspections. When
				  sampling is performed as part of an administrative inspection, DEM shall, upon
				  request, provide split samples to the party or entity that is the subject of
				  the search, provided that the conditions at the time of the sampling, the
				  amount of material available to be sampled and the safety of DEM employees, are
				  conducive to the request. If split samples are provided they will be turned
				  over to the requesting party at the time that the sample is taken. DEM may
				  require the party receiving the split samples to sign a release acknowledging
				  their receipt of the samples and their responsibility to properly handle,
				  store, and dispose of the sample materials. DEM may refuse to provide split
				  samples if the inspector reasonably believes that:
1. the samples will not be properly, handled,
				  stored or disposed of,
2.
				  splitting the sample will not allow DEM to obtain the required amount of
				  material for analysis, or
3. the
				  time required to collect the split samples or the conditions under which the
				  samples are being collected pose a threat to his/her safety and
				  well-being.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.12 - Seizure And Disposal of Seized Property

Current through June 14, 2024
Any property seized as part of an administrative inspection
					 conducted pursuant to these Guidelines shall be logged into custody, and safely
					 kept by the person effecting the seizure. The Department may retain seized
					 evidence for that time which is reasonably necessary to prosecute any
					 administrative actions or hearings. In the case of records, including
					 computerized or other electronic records, the Department may retain the records
					 or records storage and retrieval devices for a time reasonably necessary for
					 the Department to inventory and duplicate the records. Property will be
					 returned to the owner, if possible, once the use by the Department has been
					 completed. Seized property such as wastes or other materials that present an
					 environmental hazard may be confiscated and disposed of by the
					 Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.13 - Administrative Inspections And Criminal Conduct

Current through June 14, 2024
A. It is
				  unlawful and unconstitutional to employ an administrative inspection warrant as
				  a means of conducting investigation into criminal conduct. However, as long as
				  there is an independent and objective need for an administrative inspection
				  (e.g. to enforce administrative regulations), the existence of or potential for
				  a criminal investigation should not prohibit the issuance of an administrative
				  inspection warrant or the performance of a lawful consensual or warrant-less
				  administrative inspection. The discovery or existence of incriminating evidence
				  during a lawfully conducted administrative inspection is subject to the
				  following conditions:
1. If an administrative
				  inspection warrant was validly issued and the subsequent inspection discloses
				  evidence of criminal activity, then the evidence may be seized and used in a
				  criminal prosecution;
2. If an
				  inspector discovers evidence of criminal activity during an administrative
				  inspection, he or she may complete the inspection and report the discovery to
				  the appropriate authorities for further investigation under a criminal search
				  warrant.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.14 - Penalties

Current through June 14, 2024
Any willful, and unjustified refusal of right of entry and
					 inspection to Department personnel acting pursuant to an administrative
					 inspection warrant, shall constitute a contempt of court and shall subject the
					 refusing party to sanctions, which in the issuing court's discretion may result
					 in up to six (6) months imprisonment and/or a monetary fine up to ten thousand
					 dollars ($10,000), per refusal pursuant to R.I. Gen. Laws §
										42-17.1-2(20)(ii)(D).
					 In the event that a person attempts to prevent or obstruct the performance of
					 an inspection authorized pursuant to a court-issued administrative inspection
					 warrant or threatens the safety of the inspector, the inspector should
					 immediately contact a supervisor and/or DEM's Division of Law Enforcement,
					 State or local police for assistance in executing the warrant. An inspector
					 should not attempt to forcibly compel a person to submit to execution of an
					 administrative inspection warrant without the assistance of law enforcement
					 personnel.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.15 - Severability

Current through June 14, 2024
If any provision of these Guidelines or application thereof
					 to any person, place, or circumstance is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the Guidelines shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.16 - No Private Cause of Action

Current through June 14, 2024
This document constitutes internal guidance for DEM staff
					 engaged in the performance of administrative inspections. Any failure to comply
					 with these Guidelines by DEM personnel shall be handled as an internal
					 personnel matter. Nothing in this document shall be construed to create a
					 private cause of action against the State of Rhode Island, DEM or its
					 management or employees as a result of any failure to comply with these
					 Guidelines.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.1 - Purpose

Current through June 14, 2024
To establish Department of Environmental Management (DEM)
					 fees for processing applications and performing related activities in order to
					 offset State costs.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.2 - Legal Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws Chapter 42-17.1 Environmental Management, Chapter 46-12 Water
					 Pollution, Chapter 46-13.1 Groundwater Protection, Chapter 46-13.2 Drilling of
					 Drinking Water Wells, Chapter 23-23 Air Pollution, and Chapter 42-35
					 Administrative Procedures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.3 - Liberal Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to allow the Department to effectuate the purposes
					 of State and Federal laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.4 - Severability

Current through June 14, 2024
If any provisions of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.5 - Applicability

Current through June 14, 2024
These Rules and Regulations apply only to the DEM
					 regulatory programs identified herein. Other DEM regulatory programs and other
					 State agencies have fee schedules included in their governing Rules and
					 Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.6 - Incorporated Materials

Current through June 14, 2024
These Regulations hereby adopt and incorporate 40 C.F.R.
					 Parts 60, 61 and 63 by reference, not including any further editions or
					 amendments thereof and only to the extent that the provisions therein are not
					 inconsistent with these Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.7 - Definitions

Current through June 14, 2024
A. "Complex minor sources" means complex
				  minor sources or modifications are:
1. Sources
				  of VOC that have a potential to emit twenty-five (25) tons/yr. or
				  more.
2. New sources of a listed
				  toxic air contaminant or an existing source that would be emitting a listed
				  toxic air contaminant that it did not emit previously.
3. Sources subject to New Source Performance
				  Standards, National Emission Standards for Hazardous Air Pollutants or MACT
				  standards (40 C.F.R. Parts 60, 61 and 63 (2017), incorporated above at §
											1.6 of this Part).
4. Any incinerator.
5. New sources with potential emissions after
				  controls between one hundred (100) and two hundred fifty (250) tons/yr. and are
				  not major stationary sources.
6. An
				  application that includes four (4) or more minor sources.
7. Boilers with a heat input capacity greater
				  than thirty million (30,000,000) BTUs/hr.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.8 - Rhode Island Pollutant Discharge Elimination System (RIPDES) and Pretreatment Program - Office of Water Resources

Current through June 14, 2024
A. Applicable Rules
				  and Regulations: Part 150-10-1 of this Title, Regulations for the Rhode Island
				  Pollutant Discharge Elimination System and 150-10-2 of this Title, Rhode Island
				  Pretreatment Regulations..
B. Fees:
RHODE ISLAND POLLUTANT DISCHARGE ELIMINATION SYSTEM
								(RIPDES) AND PRETREATMENT PERMIT FEES
APPLICATION (Application fee is required for all
								new applications only. General or Group application fee is required only if
								review of a pollution control plan is required).
ANNUAL (Annual fees are assessed on a calendar year
								basis and are due July 15th of each subsequent year,
								for all permits active as of December 31st. Expired
								permits that remain in effect in accordance with the RIPDES Regulations shall
								continue to pay annual fees).
Individual Major Flow (MGD)
< 1
$4,000.00
$1,500.00
1 - 15
$6,000.00
$3,000.00
> 15 - 30
$8,000.00
$4,500.00
> 30
$10,000.00
$6,000.00
Individual Minor and Pretreatment4 Flow
								(MGD)
(For the purposes of establishing fees, all
								Pretreatment Permits are classified as "Minor". Flow represents the sum of the
								average monthly limits (maximum if average is not limited) for each outfall
								listed in the permit.)
< 0.01
$1,000.00
$400.00
0.01 - 0.1
$2,000.00
$700.00
> 0.1
$3,000.00
$1,000.00
General or Group Permit
$400.00
$100.00
ORDERS OF APPROVAL FOR
								DISCHARGES
UNDER THE DIRECTION OF AN ON-SITE
								COORDINATOR
Discharge - Emergency
$347.00
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.9 - Wastewater Treatment Facilities Program - Office of Water Resources

Current through June 14, 2024
A. Applicable Rules and Regulations: Part
				  150-05-1 of this Title Water Quality Regulations.
B. Fees:
ORDERS OF APPROVAL TO PREVENT
								  POLLUTION
New Wastewater Treatment Facility
$10,000.00
Major Wastewater Treatment Facility
								  Modifications
$6,000.00
Minor Wastewater Treatment Facility
								  Modifications
$1,000.00
Sewer Extensions with No New Flows or New Flows
								  Less than 250,000 gpd
$300.00
Sewer Extensions with New Flows of 250,000 gpd or
								  Greater
$1,000.00
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.10 - Water Quality Certification Program - Office of Water Resources

Current through June 14, 2024
A. Applicable Rules and Regulations: Part
				  150-05-1 of this Title Water Quality Regulations.
B. Water Quality Certification Fees:
1. Four hundred dollars ($400.00)
2. Modification Request for a Previously
				  Approved Project (excluding renewals): One half (1/2) of the Original
				  Fee.
3. Water Quality Certification
				  fees are waived for projects where the sole purpose is water quality
				  improvement or wetlands restoration
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.11 - Office of Air Resources

Current through June 14, 2024
A. Applicable Rules
				  and Regulations: Part 120-05-9 of this Title, "Air Pollution Control Permits
				  and Part 120-05-22 of this Title, Air Pollution Control Regulation No. 22 - Air
				  Toxics.
B. Fees:
AIR RESOURCES FEES
Major Source Permit
$25,410.00
Complex Minor Source
$4,620.00
Minor Source
$1,271.00
Toxic Operating Sources
$809.00
Second Tier
$2,310.00
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Establishment of Various Fees › Section 250-RICR-30-00-1.12 - Payment Methods

Current through June 14, 2024
A. Checks
Checks shall be made payable to "General Treasurer, State
					 of Rhode Island."
B.
				  Electronic Transfers and Credit Cards
At such time that the Department of Environmental
					 Management establishes a system for accepting electronic transfers and credit
					 card charges for payment of fees, the payer of the fee by these methods shall
					 be responsible for payment of all processing or transaction fees in addition to
					 the fee specified herein.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to allow
					 electronic document submissions to an electronic document receiving system in
					 lieu of paper documents required by DEM administered programs as announced and
					 specified by the Director on DEM's public website.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.2 - Authority

Current through June 14, 2024
These Rules and Regulations are adopted pursuant to R.I.
					 Gen. Laws Chapter 42-17.1, Department of Environmental Management, and Chapter
					 42-127.1, Uniform Electronic Transactions Act, and in accordance with Chapter
					 42-35, the Administrative Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.3 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of State law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.4 - Definitions

Current through June 14, 2024
A. For the purposes of these Regulations, the
				  following terms shall have the following meanings:
1. "Copy of record" means a true and correct
				  copy of an electronic document received by an electronic document receiving
				  system, which can be viewed in a human readable format that clearly and
				  accurately associates all the information provided in the electronic document
				  with descriptions or labeling of the information. A copy of record includes:
a. Any electronic signature contained in or
				  logically associated with the document;
b. The date and time of receipt;
				  and
c. Any other information used to
				  record the meaning of the document or the circumstances of its
				  receipt.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.5 - Use of Electronic Document Receiving System

Current through June 14, 2024
A.
				  Once an electronic document receiving system has been made available, the
				  Director shall announce on the DEM's public website that the DEM is accepting
				  specified electronic documents in lieu of paper to satisfy requirements under a
				  DEM administered program. Individuals who submit such electronic documents must
				  use the electronic document receiving system indicated by the Director in the
				  online announcement.
B. Documents
				  subject to the United States Environmental Protection Agency's Cross Media
				  Electronic Reporting Rule (CROMERR) may only be submitted through a receiving
				  system approved by the EPA based on the requirements outlined in
				  40 C.F.R. §
											3.1000.
C. The Director may exercise discretion to
				  select alternative system standards for documents not subject to §
										2.5(B) of
				  this Part in compliance with the R.I. Gen. Laws §
										42-127.1-1
et
				  seq.
, the Uniform Electronic Transactions Act. Alternative system
				  standards shall also be announced on the DEM's public website.
D. Any electronic document submitted must
				  bear the valid electronic signature of a signatory, if that signatory would be
				  required under the DEM-administered program to provide a handwritten signature
				  on the paper document for which the electronic document substitutes.
E. If no signature is required under the DEM
				  authorized program, individuals may submit electronic documents in lieu of
				  paper to satisfy requirements of such programs through the appropriate
				  electronic document receiving system without an electronic signature or an
				  electronic signature agreement, however, users shall be required to comply with
				  the authorization and validation requirements of the electronic document
				  receiving system.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.6 - Electronic Signature Agreement

Current through June 14, 2024
A. In the case of an
				  electronic document that must bear the electronic signature of a signatory
				  under a DEM administered program, each signatory must execute an electronic
				  signature agreement.
B. All
				  agreements shall be filed with the electronic document receiving system
				  administrator. The agreement shall include the information and follow the
				  appropriate format specified by the Director on the DEM's public
				  website.
C. The identity and
				  authority of each individual submitting an electronic signature agreement shall
				  be verified by the DEM. After the DEM has satisfactorily completed the
				  verification, the DEM shall notify the individual electronically, issue a
				  unique electronic signature device to the individual, and request that the
				  individual establish a password to be used in connection with the
				  device.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.7 - Valid Electronic Signature

Current through June 14, 2024
A. An authorized
				  signatory may not allow another individual to use the electronic signature
				  device unique to his or her electronic signature.
B. When the electronic signature device is
				  used to create an individual's electronic signature, the code or mechanism must
				  be unique to that individual at the time the signature is created and the
				  individual must be uniquely entitled to use it. The signatory shall:
1. Protect the electronic signature device
				  from compromise; and
2. Report to
				  the DEM, or the DEM designated electronic document receiving system
				  administrator, within one business day of discovery, any evidence that the
				  security of the device has been compromised.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.8 - Effect of Electronic Signature

Current through June 14, 2024
A. Absent any
				  evidence of fraud or information indicating otherwise, the presence of an
				  electronic signature on an electronic document submitted to the DEM establishes
				  that the signatory intended to sign the electronic document and to submit it to
				  the DEM to fulfill the purpose of the electronic document.
B. Where an electronic document submitted to
				  satisfy a reporting requirement of an authorized or state program bears an
				  electronic signature, the electronic signature legally binds, obligates, and
				  makes the signatory responsible to the same extent as the signatory's
				  hand-written signature on a paper document submitted to satisfy the same
				  reporting requirement. If an applicable law or Rule requires a handwritten
				  signature on a document, an electronic signature shall be deemed to have
				  satisfied said requirement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.9 - Enforcement

Current through June 14, 2024
A. If the submitter or signatory fails to
				  comply with a reporting requirement by failing to comply with the provisions of
				  this subchapter, the electronic signature agreement, or other applicable
				  reporting requirements, the submitter or signatory shall be subject to any
				  appropriate civil or criminal penalties or other remedies under State or
				  federal law.
B. Nothing provided
				  herein shall limit the use of an electronic document, copy of record, or other
				  information derived from an electronic document as evidence in enforcement
				  proceedings.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 2 - Rules Related to Electronic Document Submissions › Section 250-RICR-30-00-2.10 - Severability

Current through June 14, 2024
If any provisions of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.1 - Authority

Current through June 14, 2024
A. These regulations are adopted pursuant to
				  R.I. Gen. Laws Chapters 42-35, 42-17.1, 42-17.6, 20-1, and 20-2.
B. These Rules and Regulations are
				  promulgated pursuant to R.I. Gen. Laws Chapter 42-17.1, "Department of
				  Environmental Management", Chapter 42-17.6, "Administrative Penalties for
				  Environmental Violations", Chapter 20-1, "General Provisions" and Chapter 20-2,
				  "Licensing" in accordance with the provisions of Chapter 42-35, "Administrative
				  Procedures Act".
C. The Offices of
				  Management Services, the Office of Boat Registration and Licensing, and the
				  Division of Law Enforcement shall be responsible for administering and
				  enforcing these Rules and Regulations on behalf of the Director. The Offices of
				  Management Services, the Office of Boat Registration and Licensing, and the
				  Division of Law Enforcement, may at any time, when necessary, consult with
				  and/or coordinate its responsibilities and duties with any other Division,
				  Section, Office, or program of the Department of Environmental
				  Management.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.2 - Introduction and Purpose

Current through June 14, 2024
These Rules and Regulations are promulgated by the Director
					 of the Department of Environmental Management to establish procedures and
					 requirements governing agents authorized by the Director to issue licenses that
					 are required for hunting, fishing and the taking of fish, game, birds,
					 shellfish, or other wild animals within the State of Rhode Island and its
					 territorial waters and to require such agents to deliver to the Director a
					 bond. These Rules and Regulations are further promulgated to administer and
					 enforce R.I. Gen. Laws §§
										20-2-1 and
					 20-2-13.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.3 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.4 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				  following terms shall have the following meanings:
1. "Administrative Adjudication Division" or
				  "AAD" means the Rhode Island Department of Environmental Management
				  Administrative Adjudication Division for Environmental Matters.
2. "Agent" means any responsible citizen or
				  corporation of this State or of adjoining States, engaged in operating sporting
				  goods citizen and/or corporations to act as agents with authority to issue
				  licenses, permits and stamps in the manner and under the conditions set for in
				  R.I. Gen. Laws Chapter 20-2.
3.
				  "Application" means the form or forms prescribed by the Department for citizens
				  and/or corporations to apply to the Department to become an agent of the
				  Director with authority to and for the purpose of issuing licenses, permits and
				  stamps in the manner and under the conditions set for in R.I. Gen. Laws Chapter
				  20-2.
4. "Bond" means a written
				  promise to pay money or do some act within a certain time.
5. "Citizen" means a person who is a citizen
				  of the United States of America.
6.
				  "Corporation" means an entity having authority under law to act as a single
				  person distinct from the shareholders that own it.
7. "Department" means the Department of
				  Environmental Management or DEM, and may be used interchangeably.
8. "Director" means the Director and/or his
				  or her designee of the Department of Environmental Management.
9. "Division of Law Enforcement" means the
				  Division of Law Enforcement within the Department of Environmental
				  Management.
10. "License" means any
				  licenses, permits, tags, or stamps that are required for hunting, fishing and
				  the taking of fish, game, birds, shellfish, or other wild animals within the
				  State of Rhode Island and its territorial waters.
11. "Licensee" means any person authorized to
				  receive a license pursuant to R.I. Gen. Laws Chapter 20-2, which authorizes the
				  registrant to fish, shellfish, or to pursue, hunt, and kill game in the State
				  of Rhode Island during those seasons and according to those conditions as shall
				  be provided by law.
12. "Resident"
				  means an individual who has had his or her actual place of residence and has
				  lived in the State of Rhode Island for a continuous period of not less than six
				  (6) months.
13. "State" means the
				  State of Rhode Island.
14. "Surety
				  company" means a company or corporation authorized to do business in the State
				  of Rhode Island to engage in the business of entering into guaranty and
				  suretyship contracts and acting as a surety on bonds.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.5 - Agent Requirements

Current through June 14, 2024
3.5.1
Becoming an Agent
A. Every
				  citizen and/or corporation who seeks authority from the Director to act as an
				  agent of the Director to issue licenses for hunting, fishing and the taking of
				  fish, game, birds, shellfish, or other wild animals within the State of Rhode
				  Island and its territorial waters for the State of Rhode Island, must submit a
				  written application to the Director and/or his or her designee.
B. Such application will be on forms provided
				  by the Office of Boat Registration & Licensing or as otherwise designated
				  by the Office of Boat Registration & Licensing, however the application
				  must provide the following information:
1.
				  Name and address of citizen and/or corporation seeking to serve as an
				  authorized agent of the Director; and,
2. Description of citizen and/or corporation,
				  including, but not limited to whether the citizen and/or corporation is a
				  sporting goods store; and,
3. Hours
				  of operation of citizen and/or corporation; and,
4. The name, address, and telephone number of
				  the designated contact person(s) to serve as liaison between the citizen and/or
				  corporation and the Office of Boat Registration and Licensing; and any other
				  information as reasonably requested by the Department.
C. All citizens and/or corporations are
				  required to enter an agreement with the Department prior to approval by the
				  Director to become an agent. Such agreement will be on forms prescribed by the
				  Office of Boat Registration & Licensing.
D. All corporations or partnerships are
				  required to provide a certificate of disclosure of corporation or partnership
				  and a certificate of good standing or legal existence, if applicable, from the
				  Secretary of State prior to approval by the Director to become an
				  agent.
E. The Office of Boat
				  Registration & Licensing must receive the written on-site inspection and
				  report of the findings of the Division of Law Enforcement pursuant to
				  §3.5.3 of this Part herein prior to appointment as an agent.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.6 - Penalties

Current through June 14, 2024
3.6.1
Penalties
A. In the event of a violation of these
				  regulations the Director may:
1. Issue a
				  written warning to an agent; and/or,
2. Suspend an agent's authority to issue
				  licenses; and/or,
3. Revoke an
				  agent's authority to issue licenses; and/or,
4. Assess penalties in accordance with R.I.
				  Gen. Laws Chapter 42-17.6 and the Rules and Regulations for Assessment of
				  Administrative Penalties; and/or,
5. Assert a claim on an agent's bond in the
				  event of an agent's failure to remit monies due the State.
6. In accordance with R.I. Gen. Laws §
												20-2-3, all license coupon books
				  supplied to agents remain state property. Accordingly, the Department reserves
				  the right to retrieve any unsold or voided license coupon books, tags or stamps
				  at any time where an agent has:
a. Failed to
				  remit all monies due to the Department on the first Monday of every month in
				  accordance with R.I. Gen. Laws §
													20-2-3 and;
b. The Director reasonably believes that said
				  monies exceed or are projected to exceed the amount of the agent's bond during
				  the following month.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.7 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person, corporation, business entity, or
					 circumstances, is held invalid by a court of competent jurisdiction, the
					 validity of the remainder of the Rules and Regulations shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 30 - Management Services › Subchapter 00 - N/A › Part 3 - Rules and Regulations Governing Fish and Wildlife Vendor Agents (250-RICR-30-00-3) › Section 250-RICR-30-00-3.8 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations, and any policies regarding the administration
					 and enforcement of R.I. Gen. Laws §
										20-2-2, shall be superseded except
					 as set forth herein. However, any actions taken by, or application submitted
					 to, the Department prior to the effective date of these Rules and Regulations
					 shall be governed by the policies in effect at the time the action was taken,
					 or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.1 - Purpose

Current through June 14, 2024
The purpose of these Regulations is to describe the
					 permits, licensing, and conditions under which aquaculture shall be conducted
					 in Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.2 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to R.I. Gen.
					 Laws Chapter 42-17.1 and R.I. Gen. Laws §§
										20-1-2,
					 20-1-4,
					 20-1-5,
					 20-10-5(c), and
					 20-10-12, and in accordance with
					 R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 40 - Agriculture and Resource Marketing › Subchapter 00 - Marketing and Food Safety › Part 1 - Aquaculture of Marine Species in Rhode Island Waters › Section 250-RICR-40-00-1.3 - Administrative Findings

Current through June 14, 2024
These Regulations acknowledge that aquaculture is a form
					 of agriculture (R.I. Gen. Laws §
										2-23-4) and that cultured crops are
					 the property of the aquaculturist and are distinct from wild stocks. Cultured
					 crops are therefore not subject to the statutory and regulatory restrictions
					 governing the protection of wild stocks, except that the minimum size limit
					 established for quahogs, (
Mercenaria mercenaria
), applies to
					 all wild and cultured quahogs (R.I. Gen. Laws § 20-1013.1 et
					 seq.).