(a)  The commission shall have authority to seek legal or equitable relief in the federal court or in the superior court of Providence county to enforce the requirements of §§ 307(b) and (c), 402(b)(8) and other applicable sections of the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. § 1251 et seq., and any regulations implementing those sections or authorized by this chapter and/or by chapter 12 of this title. Whenever, on the basis of any information available to the commission, the commission has reasonable grounds to believe that a person has violated any provision of § 46-25-25 through § 46-25-25.6 or any permit, rule, regulation or order issued pursuant thereto the commission may institute administrative, civil or criminal proceedings in the name of the commission. The commission shall not be required to enter into any recognizance or to give surety for costs prior to instituting such proceedings. The commission has the authority to order any person who violates any provision of § 46-25-25 through § 46-25-25.6, any permit, rule, regulation or order issued pursuant thereto to cease and desist the violation, or to remedy the violation and to impose administrative penalties. The commission may impose administrative penalties only in accordance with the notice and hearing provisions of §§ 42-35-1 et seq., and 46-25-25, and the commission’s rules and regulations. It shall be the duty of the attorney general to carry out all such criminal proceedings initiated by the commission.

Terms Used In Rhode Island General Laws 46-25-25.4

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  The superior court for Providence County shall have jurisdiction to enforce the provisions of § 46-25-25 — § 46-25-25.6, and any rule, regulation, permit, or administrative order issued pursuant thereto. Proceedings for enforcement may be instituted and prosecuted in the name of the commission. In any proceeding on which injunctive relief is sought, it shall not be necessary for the commission to show that without that relief, the injury which will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in this section shall be in addition to and may be utilized in lieu, of other administrative or judicial proceedings authorized by this chapter.

History of Section.
P.L. 1984, ch. 366, § 2; P.L. 1988, ch. 46, § 1; P.L. 1992, ch. 448, § 1.