(a)  In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must correct the violation within sixty (60) days from the date said violation was reported to the department, certify in writing that the violations have been corrected, and take appropriate measures, as determined by the department, to remedy any environmental harm or threat to public health or safety resulting from the violation. If more than sixty (60) days will be needed to correct the violation(s), the regulated entity shall provide the department with a written compliance schedule before the sixty (60) day period has passed.

Terms Used In Rhode Island General Laws 42-17.8-7

  • Department: means the department of environmental management. See Rhode Island General Laws 42-17.8-2
  • Due diligence: means a regulated entity's regular, customary and systematic efforts to prevent, detect and correct violations by consistently employing practices in its operation that ensures protection of the natural environment through the use of an environmental management system. See Rhode Island General Laws 42-17.8-2
  • 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

(b)  The regulated entity shall agree, in writing, to take steps to prevent a recurrence of the violation(s), which may include improvements to its environmental auditing or due diligence efforts.

(c)  Where compliance or remedial measures are complex or a lengthy schedule for attaining and maintaining compliance or remediating harm is required, the department may require a regulated entity to enter into a publicly available written agreement, administrative consent order or judicial consent decree as a means of assuring that the required measures are performed in a prompt, professional manner.

(d)  The department may forgive the entire penalty for violations which meet the conditions of this chapter and, in the department’s opinion, do not merit any penalty due to the insignificant amount of any economic benefit.

History of Section.
P.L. 1997, ch. 196, § 1.