Rhode Island General Laws 42-17.8-6. Disclosure of noncompliance
In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must fully disclose the violations discovered in accordance with the following:
(1) Each specific violation shall be disclosed, in writing, within fifteen (15) days (or such shorter period provided by law) of discovery. The written disclosure shall identify:
(i) Each violation discovered;
(ii) How each violation was discovered (i.e., audit or due diligence);
(iii) All supporting information or data (i.e. documents, equipment testing results, monitoring results, laboratory analysis, etc.); and
(iv) All actions that have been or will be taken by the regulated entity to bring itself into compliance, to mitigate any actual or threatened harm and to remediate any resulting damage.
(2) The violation must be disclosed by the regulated entity prior to:
(i) Commencement of a federal, state or local agency inspection or investigation, or the issuance by such agency of an information request to the regulated entity;
(ii) Notice of a citizen suit;
(iii) The filing of a civil or criminal complaint or administrative action by a government entity or a third-party;
(iv) The reporting of the violation to the department (or other government entity) by a third-party;
(v) The reporting of the violation to the department by an independent source, provided that the date of discovery is documented in the official report of the department.
History of Section.
P.L. 1997, ch. 196, § 1.
Terms Used In Rhode Island General Laws 42-17.8-6
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of environmental management. See Rhode Island General Laws 42-17.8-2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Regulated entity: means any person including a federal, state or municipal agency or facility, regulated under federal or state environmental laws. See Rhode Island General Laws 42-17.8-2
- Violation: means infraction of or noncompliance with any environmental law enforced or administered by the department. See Rhode Island General Laws 42-17.8-2