reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.8 - Application Requirements

Current through June 14, 2024
A. Applications
				  shall be submitted on a form provided by the Department and shall be signed by
				  the applicant's chief executive or chief financial officer, or other designated
				  and qualified representative.
B.
				  Applications shall be submitted to the Department via:
Rhode Island Department of Environmental Management
Permit Application Center (PAC), 2nd Floor
235 Promenade Street
Providence, Rhode Island 02908
C. In the alternative, the Department may
				  provide mechanisms for electronic submissions of grant applications.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.9 - Reimbursement Grant Eligibility Requirements

Current through June 14, 2024
A. Equipment
				  eligible for reimbursement grant funding shall meet the following requirements:
1. Be intended for on-road use;
2. Be registered with the Rhode Island
				  Division of Motor Vehicles;
3. Be
				  kept or garaged in Rhode Island as indicated on the vehicle registration issued
				  by the Division of Motor Vehicles;
4. The applicant shall certify to the
				  Department on the application that fifty percent (50%) or more of the vehicle
				  miles traveled, or hours of operation, shall be projected to be in Rhode Island
				  for at least five (5) years following the reimbursement grant award.
5. The applicant shall not make any purchases
				  prior to obtaining an executed Participant Agreement and approval from the
				  RIDEM Program Manager. Any purchase prior to Participant Agreement execution is
				  ineligible for the reimbursement grant.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.10 - Project Categories and Eligible Costs

Current through June 14, 2024
A. Projects that
				  benefit human health and the environment while achieving the goals listed above
				  will be scored favorably. The following categories of grants will be
				  considered:
1. Vehicle Replacements - the
				  following conditions shall be met:
a. The
				  applicant shall replace an older vehicle with a newer vehicle certified to more
				  stringent emissions standards than the engine or vehicle being
				  replaced;
b. The vehicle being
				  replaced is a model year at least ten (10) years old;
c. The vehicle being replaced has a gross
				  vehicle weight rating of thirty-three thousand one pounds (33,001 pounds) or
				  greater;
d. The replacement vehicle
				  purchased by the applicant is a model year no more than three (3) years
				  old;
e. The replacement vehicle has
				  a gross vehicle weight rating of thirty-three thousand one pounds (33,001
				  pounds) or greater;
f. The
				  replacement vehicle must be operable with remaining useful life for at least
				  five (5 years) following the grant award;
g. The engine of the vehicle being replaced
				  must be scrapped or otherwise rendered permanently disabled within ninety (90)
				  days of the replacement, or remanufactured to a certified cleaner emission
				  standard utilizing the following methods:
(1)
				  Cutting a three inch hole in the engine block is the preferred scrapping
				  method.
(2) Remanufacturing shall
				  be performed by the original engine manufacturer, or by a
				  dealership/distributor that has a service program that is sponsored/backed by
				  original engine manufacturer warranties.
(3) Disabling the chassis may be completed by
				  cutting through the frame/frame rails on each side at a point located between
				  the front and rear axles.
h. The amount of funding requested must
				  contain the sale price of the vehicle, not including any interest or other
				  finance charges; and
i. A vehicle
				  purchased on a lease shall be operated for at least five (5) years following
				  the reimbursement grant award.
j.
				  The technology should be either EPA or California Air Resources Board
				  certified. Models of tractors and trailers that qualify as "designated" under
				  EPA's SmartWay Technology Program are given preference, and SmartWay "Elite"
				  trailer models are further encouraged.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.11 - Project Prioritization List and Reimbursement Amounts

Current through June 14, 2024
Applicants shall be reimbursed for each eligible measure in
					 accordance with the following:
Project Priority Ranking
Technology
DEM Reimbursement Grant % of the Total
								Project Cost
1
Replacement of Vehicle
Repower of Vehicle
Clean Alternative Fuel Conversion
50%
2
Replacement/Upgrade of Transport Refrigeration
								Units or Transport Refrigeration Unit Generator Sets
Diesel Emissions Reductions Solutions
Idle Reduction Technologies
50%
3
Low Rolling Resistance Tires
Aerodynamic Technologies
50%
4
Routine Maintenance shown to Improve Fuel
								Efficiency or Decrease Emissions
25%
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.12 - Application Review and Selection

Current through June 14, 2024
A. Application
				  Review - All applications shall be reviewed to determine eligibility and
				  completeness. In order to be considered complete, the applicant and their
				  proposed project shall meet the requirements in §§
										50.8,
				  50.9 and
				  50.10 (Application
				  Requirements, Reimbursement Grant Eligibility Requirements and Project
				  Categories and Eligible Costs) of this Part.
B. Application Scoring - Projects accepted by
				  the Department will be ranked in accordance with the following criteria:
1. Ranking of technology from Project
				  Prioritization List in §
											50.11 of this
				  Part.
2. Environmental benefit of
				  diesel emissions reductions as demonstrated in percent reduction.
3. Percentage of time the existing vehicle is
				  currently operated in Rhode Island, and the percentage of time the upgraded or
				  replaced vehicle will be in operation by the applicant.
4. Readiness and timeliness to
				  proceed.
5. Other Measures to
				  Reduce Emissions - Proof of additional fleet/driver training programs or how
				  proposed project is part of a larger strategy to address emissions reductions
				  from heavy-duty vehicles. This may include, but not limited to, a supply chain
				  efficiency plan, road-speed governing, use of idle reduction technology or
				  strategy, and driver training programs that increase skills, knowledge, and
				  measure and incentivize performance.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.13 - Grant Awards

Current through June 14, 2024
A. Successful
				  applicants will receive a grant offer specifying the amount, duration and
				  conditions of the award. The offer will be in the form of a binding contract.
				  Other requirements to secure funding shall be:
1. Grant recipients will be required to sign,
				  accept and return the offer to the Department within forty-five (45) days of
				  the date of the receipt. Failure to execute the agreement within forty-five
				  (45) days may result in the cancellation of the grant award and may result in
				  these funds being awarded to the next highest rated project.
2. Recipients will have ninety (90) days from
				  the date of the acceptance of the grant offer to provide proof of the necessary
				  grant match letters of credit, loan agreements, or any other pre-approved proof
				  of matching funds to the Department.
3. All grant payments will be paid in the
				  form of reimbursement payments for eligible expenses incurred in accordance
				  with the approved project. Requests for reimbursement shall include
				  documentation of the incurred, eligible costs. Required documentation will be
				  detailed in the grant offer and/or grant agreement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.14 - Suspension, Modification and Revocation

Current through June 14, 2024
The Director may suspend, modify or revoke any awards
					 granted pursuant to these Regulations in the event that subsequent examination
					 reveals any data included in an application form, submittal, reimbursement
					 request, plan or sketch to be incorrect or not in compliance with these
					 Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.15 - Stop Payment

Current through June 14, 2024
A. The Director may
				  take appropriate action to stop payment of and/or seek the return of grant
				  funds expended for any project where;
1. The
				  applicant has obtained said grant based upon incomplete, false, misleading or
				  erroneous information; or
2. The
				  applicant has not completed the work approved under the grant in accordance
				  with any and all conditions of approval issued by the Director in the grant
				  award.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.16 - Reporting

Current through June 14, 2024
A. Projects that receive grant funding shall
				  annually certify in a report submitted to the Department:
1. Fuel usage (required in accordance with
				  the signed agreement described in §
											50.13 of this Part);
				  and
2. Fifty percent (50%) or more
				  of the vehicle miles traveled or hours of operation, occurred in Rhode Island
				  for the previous year.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.17 - Penalties

Current through June 14, 2024
A. Applicants awarded funds under the Clean
				  Diesel Fund may be penalized for breaching the terms of their grant award or
				  for other project non-performance through the following:
1. Cancellation of the grant award;
2. Recovery of all or a portion of the grant
				  award;
3. Other fiscal penalties
				  on an applicant based on the severity of non-performance and as specified in
				  rules and regulations promulgated by the Department; and
4. Prohibiting an applicant or a specific
				  vehicle from participating in the program in the future.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.1 - Purpose and Authority

Current through June 14, 2024
51.1.1
Purpose
The purpose of this Regulation is to limit volatile organic
					 compound emissions from fiberglass boat manufacturing.
51.1.2
Authority
These Regulations are authorized pursuant to R.I. Gen. Laws
					 §
											42-17.1-2(19) and
					 R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the
					 procedures set forth in the Rhode Island Administrative Procedures Act, R.I.
					 Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.2 - Application

Current through June 14, 2024
The terms and provisions of this Regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 State laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.3 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application
					 thereof to any person or circumstance, is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the Regulation shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.4 - Incorporated Materials

Current through June 14, 2024
These Regulations hereby adopt and incorporate South Coast
					 Air Quality Management District Method (SCAQMD) 312-91(1996), 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 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.6 - Applicability

Current through June 14, 2024
A. The provisions of this Regulation apply to
				  the owner or operator of a fiberglass boat manufacturing facility with total
				  actual VOC emissions from fiberglass boat manufacturing, before controls,
				  greater than or equal to 2.7 tons per rolling twelve (12)-month period from:
1. Open molding resin and gel coat
				  operations, including pigmented gel coat, clear gel coat, production resin,
				  tooling gel coat and tooling resin;
2. Resin and gel coat mixing operations;
				  and
3. Resin and gel coat
				  application cleaning operations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.7 - Emissions Limitations

Current through June 14, 2024
A. Except as
				  provided in §
										51.6(C) of
				  this Part, the owner or operator of a fiberglass boat manufacturing facility
				  subject to this Regulation shall limit VOC emissions from molding operations,
				  by use of one (1) or more of the control options in §§
										51.7(B) through
				  (E) of this Part;
B. Low monomer VOC content option
1. The total monomer VOC content limits used
				  for any open molding resin and gel coat operations subject to this Regulation,
				  shall not exceed the monomer VOC limits established in §
											51.7(B)(2)
				  of this Part.
2. Table 1 Total
				  Monomer VOC Limits for Open Molding Resin and Gel Coat Operations
Material
Application Method
Monomer VOC Content Limits (weight
								  percent)
Production resin
Atomized (spray)
28
Production resin
Non-atomized
35
Pigmented gel coat
Any Method
33
Clear gel coat
Any method
48
Tooling resin
Atomized
30
Tooling resin
Non-atomized
39
Tooling gel coat
Any method
40
3.
				  Alternatively, the weighted average monomer VOC contents for a specific
				  application method may be used to meet the monomer VOC content limits in §
											51.7(B)(2)
				  of this Part, on a twelve (12)-month rolling average basis, as calculated using
				  Equation 1:
Equation 1
Click here to view
								image
Where:
Evoc = the weighted average
								monomer VOC content
Mi = mass of each open
								molding resin or gel coat used in the past twelve (12) months in an operation,
								in megagrams.
VOCi = total monomer VOC
								content, by weight percent, of each open molding resin or gel coat used in the
								past twelve (12) months in an operation.
n = number of different open molding resins or gel
								coats used in the past twelve (12) months in an operation.
4.
				  In addition to complying with the monomer VOC limits in §
											51.7(B)(2)
				  of this Part, the non-monomer VOC content of each resin and gel coat shall not
				  contain more than five percent (5%) by weight of the resin or gel coat. If the
				  non-monomer VOC content of a resin or gel coat exceeds five percent (5%), then
				  the excess non-monomer VOC over five percent (5%) must be added to the monomer
				  VOC content for that resin or gel coat to calculate the weighted average
				  monomer VOC content in §
											51.7(B)(3)
				  of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.8 - Compliance Schedules

Current through June 14, 2024
A. The owner or
				  operator of a facility that is subject to this regulation shall comply with the
				  requirements of this Regulation no later than the following dates:
1. For any fiberglass boat manufacturing
				  facility subject to this Regulation for which construction commenced prior to
				  January 1, 2019, the compliance date is either January 1, 2022 or the date of
				  initial startup of the fiberglass boat manufacturing facility, whichever is
				  later.
2. For any fiberglass boat
				  manufacturing facility subject to this Regulation for which construction
				  commenced on or after the January 1, 2019, compliance shall be achieved upon
				  commencing operation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.9 - Work Practice Standards

Current through June 14, 2024
A. All resin and
				  gel coat containers with a capacity equal to or greater than fifty-five (55)
				  gallons, including those used for on-site mixing of putties and polyester resin
				  putties, shall have a cover with no visible gaps in place at all times except
				  when materials are being manually added to or removed from a container, or when
				  mixing equipment is being placed or removed from a container.
B. The volatile organic compound content of
				  cleaning solvents employed for routine application equipment cleaning shall
				  contain a maximum of five percent (5%) VOC by weight, as applied or have a
				  composite vapor pressure of no more than 0.50 mmHg at sixty-eight degrees
				  Fahrenheit (68° F), as determined by the cleaning solvent manufacturer's
				  Safety Data Sheet or other appropriate documentation acceptable to the
				  Department and EPA.
C. Only
				  non-volatile organic compound solvents shall be used to remove cured resin and
				  gel coat from application equipment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.10 - Monitoring and Recordkeeping Requirements

Current through June 14, 2024
A. The owner or
				  operator of a fiberglass boat manufacturing facility that is subject to the
				  monomer and non-monomer VOC requirements of this Regulation shall collect and
				  record the following information for each operation subject to this Regulation
				  on a monthly basis:
1. The name and
				  identification number of each resin and gel coat;
2. The total quantity of atomized molding
				  production resin, non-atomized production resin, pigmented gel coat, clear gel
				  coat, atomized tooling resin, non-atomized tooling resin and tooling gel coat
				  used per month;
3. The monomer VOC
				  content for each resin and gel coat;
4. The non-monomer VOC content for each resin
				  and gel coat;
5. All calculations
				  performed pursuant to §
											51.7 of this
				  Part.
6. For each cleaning solvent
				  employed for routine application equipment cleaning, either the volatile
				  organic compound content, by weight percent or the composite vapor pressure, in
				  mmHg; whichever is the applicable requirement selected to comply with the
				  cleaning solvent requirements of §
											51.9(B) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.11 - Testing

Current through June 14, 2024
The monomer VOC content of resin and gel coat shall be
					 determined by using SCAQMD Method 312-91, incorporated in §
										51.4 of this Part, unless
					 the facility maintains records from the manufacturer to document the monomer
					 VOC content of resin and gel coat materials.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 51 - Control of VOC Emissions from Fiberglass Boat Manufacturing › Section 250-RICR-120-05-51.12 - General Requirement

Current through June 14, 2024
The owner or operator of a fiberglass boat manufacturing
					 facility subject to this Regulation shall comply with the provisions of Part 9
					 of this Subchapter (Air Pollution Control Permits) as
					 applicable.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 53 - Prohibition of Hydrofluorocarbons in Specific End-Uses › Section 250-RICR-120-05-53.1 - Purpose and Authority

Current through June 14, 2024
53.1.1
Purpose
The purpose of this regulation is to reduce
					 hydrofluorocarbon emissions by adopting specific prohibitions for certain
					 substances in air conditioning and refrigeration equipment, aerosol
					 propellants, and foam end-uses.
53.1.2
Authority
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
											42-17.1-2(19) and
					 R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the
					 procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws
					 Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 53 - Prohibition of Hydrofluorocarbons in Specific End-Uses › Section 250-RICR-120-05-53.2 - Application

Current through June 14, 2024
The terms and provisions of this regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state laws, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 53 - Prohibition of Hydrofluorocarbons in Specific End-Uses › Section 250-RICR-120-05-53.3 - Severability

Current through June 14, 2024
If any provision of this regulation or the application
					 thereof to any person or circumstance, is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the regulation shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 53 - Prohibition of Hydrofluorocarbons in Specific End-Uses › Section 250-RICR-120-05-53.7 - Requirements

Current through June 14, 2024
A. Prohibitions. No person may sell, offer
				  for sale, lease, rent, install, use, manufacture, or otherwise cause to be
				  entered into commerce, within the State of Rhode Island, any product or
				  equipment using a listed substance for use in any air conditioning,
				  refrigeration, foam, or aerosol propellant end-use listed as prohibited in
				  §
										53.6
				  of this Part, unless an exemption is provided for the end-use in §
										53.5 of this Part.
1. Except where existing equipment is
				  retrofitted, nothing in this Part requires a person that acquired a product or
				  equipment containing a prohibited substance prior to an effective date of
				  prohibition in §
											53.6 of this Part Tables
				  2-5 to cease use of that product or equipment.
2. Products or equipment manufactured prior
				  to the applicable effective date of the prohibitions in this Part, including
				  foam systems not yet applied on site or new refrigeration equipment for which a
				  facility has received a building permit prior to the effective date of
				  prohibition, may be sold, leased, rented, installed, imported, exported,
				  distributed, and used on or after the effective date of prohibition. For
				  clarity, products, equipment, or substances may be manufactured, sold,
				  imported, exported, distributed, installed, and used after the specified date
				  of prohibition to service existing equipment. Finally, products may be
				  manufactured, sold, imported, exported, and distributed for use outside the
				  state.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 53 - Prohibition of Hydrofluorocarbons in Specific End-Uses › Section 250-RICR-120-05-53.8 - Recordkeeping

Current through June 14, 2024
A. As of the effective date of prohibition
				  for each end-use listed in §
										53.6 of this Part, any
				  person who manufactures for sale or entry into commerce in the State of Rhode
				  Island new motor-bearing equipment or new foam product in the enduses listed in
				  §
										53.6
				  of this Part must maintain for five (5) years and make available within 90
				  (ninety) days upon request by the Department a copy of the following
				  information:
1. Name, address, telephone
				  number, and email address of the person purchasing the equipment or foam
				  product, where provided to the manufacturer;
2. The type of equipment or foam product
				  end-use;
3. Model and serial number
				  of the equipment or foam product, where applicable. When the affected equipment
				  is part of an assembly without an individual serial number, the serial number
				  of each component must be recorded. If a component or equipment does not have
				  an individual serial number or the serial number is inaccessible after
				  assembly, the physical description must be recorded in enough detail for
				  positive identification;
4. Date of
				  manufacture of the equipment or foam product;
5. Date of sale of equipment or foam
				  product;
6. The substances that are
				  intended to be used with the equipment or foam product;
7. The full charge capacity of the equipment
				  or container, where applicable; and
8. A copy of the written disclosure or label
				  issued to the buyer or recipient.
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-130-00-1.1 - Authority

Current through June 14, 2024
These Regulations are adopted pursuant to R.I. Gen. Laws
					 Chapters 42-17.1, 42-17.6, and 42-35.
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-130-00-1.2 - Purpose and Goals

Current through June 14, 2024
A. These
				  Regulations are intended to:
1. Assure the
				  protection of public health, safety, and welfare and the environment by
				  promoting compliance and deterring noncompliance with the laws administered by
				  the Director, and the Rules, Regulations, permits, licenses and orders adopted
				  pursuant to the Director's authority;
2. Assure that the Department assesses
				  administrative penalties, and otherwise implements its Regulations, lawfully,
				  fairly, and consistently;
3.
				  Clarify the Department's authority to enforce the laws administered by the
				  Director and the Rules, Regulations, permits, licenses, and orders adopted
				  pursuant to the Director's authority.
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-130-00-1.3 - Policy

Current through June 14, 2024
A. These Regulations promote a policy of
				  assuring the effective enforcement of all laws administered by the Director and
				  deterring noncompliance with the Rules, Regulations, permits, licenses and
				  orders adopted pursuant to the Director's authority by:
1. Seeking any appropriate legal and
				  equitable relief, including:
a. Removal of
				  any economic benefit or competitive advantage realized as a direct or indirect
				  result of a violation; and/or
b.
				  Restoration of any property or resources damaged as a direct or indirect result
				  of a violation;
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-130-00-1.4 - Application

Current through June 14, 2024
A. These Regulations shall be liberally
				  construed to permit the Department to effectuate the purposes of State
				  law.
B. These Regulations shall
				  apply to all persons subject to enforcement action by the Department under the
				  laws administered by the Director, and the Rules, Regulations, permits,
				  licenses, and orders adopted pursuant to the Director's authority.
C. These Regulations shall be construed in
				  harmony with existing Rules and Regulations adopted pursuant to the Director's
				  authority wherever possible.
D.
				  These Regulations shall be applied in a manner that is consistent with any
				  applicable Federal program requirements for delegated programs.
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-130-00-1.5 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations or the
					 application thereof, to any person or circumstances is held invalid by a court
					 of competent jurisdiction, the remainder of the Rules and Regulations shall not
					 be affected thereby. The invalidity of any section or sections or parts of any
					 section or sections shall not affect the validity of the remainder of these
					 Rules and Regulations.
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-130-00-1.8 - Preconditions for Assessment of Administrative Penalty

Current through June 14, 2024
A.
				  An administrative penalty may be assessed only for a violation or a failure to
				  comply that, at the time it occurred, constituted noncompliance with a legal
				  requirement:
1. Which was then in effect;
				  and
2. To which the person was then
				  subject; and
3. To which these
				  Regulations apply.
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-130-00-1.9 - Assessment of Administrative Penalty - Penalty Ceiling

Current through June 14, 2024
A.
				  No penalty shall exceed the maximum penalty allowed by State law for the
				  violation(s) cited. The maximum administrative penalty which the Director has
				  the authority to impose is determined by reference to the civil penalty
				  provision of the relevant chapter of the General Laws administered and/or
				  enforced by the Director and/or R.I. Gen. Laws Chapter 42-17.6.
1. Where State law provides that a penalty is
				  to be assessed "per day," multi-day violations are counted from the initial day
				  of noncompliance until compliance is achieved. Violations of weekly compliance
				  requirements may be counted as seven (7) days of noncompliance; violations of
				  monthly compliance requirements, may be counted as thirty (30) days of
				  noncompliance.
2. Where State law
				  provides that a penalty is to be assessed "per violation", multiple violations
				  of the same law, Rule, Regulation, license, permit or order are counted as
				  separate violations if any violation:
a.
				  Involves a prohibited act which is distinct from any other by the nature of the
				  act itself; or
b. Involves a
				  prohibited act which is distinct from any other by the time or place of its
				  commission, including acts which involve separately identified lots;
				  or
c. Involves a prohibited act
				  which is distinct from any other by definition; or
d. Presents a risk of harm to the public
				  health, safety, welfare or environment which is distinct from the risk
				  threatened by any other violation.
3. Each day following service of a Notice of
				  Violation, Immediate Compliance Order or Cease and Desist Order to which the
				  Director is a party, during which a violation is repeated, continued or remains
				  in place, constitutes a separate violation. The Director may assess an
				  additional administrative penalty, not to exceed one thousand dollars
				  ($1,000.00) for each day the violation or failure to comply is repeated,
				  continued or remains in place, unless a higher amount is authorized by statute
				  as a civil penalty.
4. The penalty
				  imposed shall continue to accrue from the day the Notice of Violation,
				  Immediate Compliance Order or Cease and Desist Order is issued until compliance
				  is achieved if reasonable efforts to promptly come into compliance have not
				  been made.
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-130-00-1.11 - Assessment of Administrative Penalty - Resolution Prior to Hearing

Current through June 14, 2024
A. After assessing the administrative
				  penalty, the Director may recalculate the penalty assessed based on written
				  information provided by the alleged violator or on any other information
				  concerning the alleged violation. The decision to recalculate must be supported
				  by written documentation.
B. If the
				  Director decides to recalculate and the penalty issue cannot be informally
				  resolved, the Director may then issue an amended Notice of Violation which
				  reflects the additional information and appropriate penalty. Such an amended
				  NOV will state that a hearing request submitted in response to a prior NOV will
				  not preserve the alleged violator's rights to a hearing under the amended
				  NOV.
C. The Director, through a
				  consent agreement, may offset portions of the penalty in the amount of
				  expenditures which provide additional assurance of protection of public health,
				  safety, welfare or the environment. Such expenditures must exceed the
				  requirements of the regulations. In any case, the penalty must be greater than
				  the costs incurred by the department in the investigation of the noncompliance,
				  subsequent enforcement of the Regulations and any settlement negotiations. The
				  decision to make such an allowance must be supported by written
				  documentation.
D. The penalty shall
				  not be reduced below the amount identified as the economic benefit of
				  noncompliance.
E. The Director may
				  consider the following factors in negotiating a final resolution of the
				  penalty, prior to hearing, with the exception of §
										1.11(D) of
				  this Part:
1. Litigation
				  practicalities;
2. Legal
				  precedent;
3. The Departmental
				  resources;
4. The public
				  interest;
5. The difference between
				  the amount offered by the alleged violator and the penalty imposed in the
				  notice of violation or amended notice of violation if the penalty was
				  recalculated as result of §§
											1.11(A) 
				  and/or (B) of this Part; and
6. The
				  financial condition of the person being assessed the administrative
				  penalty.
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-130-00-1.12 - Assessment of Administrative Penalty - Hearing and Burden of Proof

Current through June 14, 2024
A. Any person against whom the Director seeks
				  to assess an administrative penalty for a violation of a law, Rule, Regulation,
				  permit, license or order which is within the Director's authority and
				  responsibility to enforce, has the right to request a hearing thereon. The
				  request for a hearing must be filed with the Administrative Adjudication
				  Division within twenty (20) days after service of the notice assessing said
				  penalty.
B. If a timely request for
				  a hearing is filed, a hearing shall be conducted in accordance with R.I. Gen.
				  Laws §
										42-35-9 and R.I. Gen. Laws Chapter
				  42-17.7.
C. In an enforcement
				  hearing the Director must prove the alleged violation by a preponderance of the
				  evidence. Once a violation is established, the violator bears the burden of
				  proving by a preponderance of the evidence that the Director failed to assess
				  the penalty and/or the economic benefit portion of the penalty in accordance
				  with these Regulations.
D. Judicial
				  review of any final decision shall be available in accordance with R.I. Gen.
				  Laws §§
										42-35-15 and
				  42-35-1(15).
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-130-00-1.13 - Assessment of Administrative Penalty - Enforcement

Current through June 14, 2024
The Department's assessment of an administrative penalty
					 shall become a final order of the Director upon the person's election to waive,
					 or failure to timely request, an administrative hearing on the violation and/or
					 the penalty. Each day during which the person fails to pay said penalty or
					 otherwise fails to comply with a final order of the Director constitutes a
					 separate and distinct violation. An additional administrative penalty, not to
					 exceed one thousand dollars ($1,000.00) for each such violation of a final
					 order, may be assessed by the Director unless a different amount is authorized
					 by statute as a civil penalty. The Director may also, by summons and complaint,
					 seek to enforce said final order in a court of competent
					 jurisdiction.
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-130-00-1.14 - Appendix

Current through June 14, 2024
A. Penalty Matrix for Violations of R.I. Gen.
				  Laws as amended and Rules, Regulations, Permits, Licenses, and Orders adopted
				  thereunder where the applicable statute provides for a civil penalty up to
				  twenty-five thousand dollars ($25,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$25,000.00
to
$12,500.00
$12,500.00
to
$6,250.00
$6,250.00
to
$2,500.00
MODERATE
$12,500.00
to
$6,250.00
$6,250.00
to
$2,500.00
$2,500.00
to
$1,250.00
MINOR
$6,250.00
to
$2,500.00
$2,500.00
to
$1,250.00
$1,250.00
to
$250.00
B.
				  Penalty Matrix for Violations of R.I. Gen. Laws and Rules, Regulations,
				  Permits, Licenses, and Orders adopted thereunder where the applicable statute
				  provides for a civil penalty up to ten thousand dollars ($10,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$10,000.00
to
$5,000.00
$5,000.00
to
$2,500.00
$2,500.00
to
$1,000.00
MODERATE
$5,000.00
to
$2,500.00
$2,500.00
to
$1,000.00
$1,000.00
to
$500.00
MINOR
$2,500.00
to
$1,000.00
$1,000.00
to
$500.00
$500.00
to
$100.00
C.
				  Penalty Matrix for Violations of R.I. Gen. Laws and Rules, Regulations,
				  Permits, Licenses, and Orders adopted thereunder where the applicable statute
				  provides for a civil penalty up to five thousand dollars ($5,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$5,000.00
to
$2,500.00
$2,500.00
to
$1,250.00
$1,250.00
to
$500.00
MODERATE
$2,500.00
to
$1,250.00
$1,250.00
to
$500.00
$500.00
to
$250.00
MINOR
$1,250.00
to
$500.00
$500.00
to
$250.00
$250.00
to
$100.00
D.
				  Penalty Matrix for Violations of R.I. Gen. Laws and Rules, Regulations,
				  Permits, Licenses, and Orders adopted thereunder where the applicable statute
				  provides for a civil penalty up to one thousand dollars ($1,000.00).
TYPE OF VIOLATION
I
II
III
DEVIATION FROM THE STANDARD
MAJOR
$1,000.00
to
$800.00
$800.00
to
$600.00
$600.00
to
$400
MODERATE
$800.00
to
$600.00
$600.00
to
$400.00
$400.00
to
$200.00
MINOR
$600.00
to
$400.00
$400.00
to
$200.00
$200.00
to
$100.00
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.1 - Purpose

Current through June 14, 2024
These rules establish requirements for implementation of
					 R.I. Gen. Laws Chapter 46-19, "Inspection of Dams and Reservoirs," and to
					 provide for the safety of dams to protect the public, real property and natural
					 resources by establishing reasonable standards and to create a public record
					 for reviewing the performance of dams.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 requirements and provisions of R.I. Gen. Laws Chapters 42-17.1, "Department of
					 Environmental Management", 42-17.6, "Administrative Penalties for Environmental
					 Violations" and 46-19, "Inspection of Dams and Reservoirs" in accordance with
					 the provisions of R.I. Gen. Laws Chapter 42-35, "Administrative Procedures
					 Act".
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.3 - Findings and Policy

Current through June 14, 2024
A. The following
				  administrative findings are made as a basis for these rules and regulations:
1. Rhode Island has approximately 674 dams of
				  varying age, size and state of repair.
2. Failure or misoperation of high hazard
				  dams or significant hazard dams (both of which represent approximately 30
				  percent of all dams in the state) will result in a probable loss of human life
				  or cause major economic loss, disruption of lifeline facilities or impact other
				  concerns.
3. Investigations of dam
				  failures have found that approximately 60 percent were caused by lack of
				  maintenance, resulting in piping, surface erosion, slope protection damage or
				  deterioration of outlet pipes.
4.
				  Many of these dams, both public and private, have not been properly maintained
				  through the years and pose a significant threat to public safety, real property
				  and natural resources.
5. Since dam
				  related laws were adopted, the threat to public safety, real property and
				  natural resources has increased due to deterioration of dams and development in
				  downstream areas over which dam owners do not necessarily have
				  control.
6. It is in the best
				  interest of the state, the cities and towns of the state, and the citizen's
				  thereof, to maintain a safe dam infrastructure.
7. In order to maintain a safe dam
				  infrastructure, a collaborative effort is required by state and municipal
				  officials, private dam owners and elected officials.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.4 - 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. Nothing in these rules and
					 regulations shall be deemed to prohibit a dam owner or person maintaining or
					 having control of a dam, from seeking assistance from a municipality or
					 prohibit a municipality from assisting a dam owner in complying with these
					 rules and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.6 - Responsibility of Dam Owners

Current through June 14, 2024
A. All owners of
				  high hazard dams and significant hazard dams shall keep their dams and
				  appurtenant works in a safe condition.
B. All owners or precedent owners are
				  responsible for liability for damage to property of others or injury to
				  persons, including but not limited to loss of life, resulting by the following
				  of the pond raised by the dam, by the stopping or raising of the water either
				  above or below the dam, by the backing of water or by the flowing out of any
				  fall of water by means of the dam.
C. These regulations shall not be interpreted
				  as relieving any owner or person maintaining or having control of a dam from
				  responsibility, or lessening such responsibility, for any damages to persons or
				  property caused by defects, inappropriate operation or inadequate maintenance
				  or as creating liability on the part of the Department or the
				  Director.
D. Compliance with these
				  rules and regulations does not relieve an owner or person maintaining or having
				  control of a dam of any obligation to comply with any other applicable laws or
				  regulations administered by, through or for the Department or any other
				  government entity.