State Codes and Statutes
Statutes > Rhode-island > Title-23 > Chapter-23-19 > 23-19-28-1SECTION 23-19-28.1
§ 23-19-28.1 Procedures to enforcement.– (a) In any instance wherein there is a violation of its rules and regulationsor any order of the corporation, the corporation and the attorney general shallhave the power to order the violator to cease and desist, or to remedy theviolations, and the corporation may impose administrative penalties. Thecorporation may impose administrative penalties only in accordance with thenotice and hearing provisions of this chapter, and the corporation'senforcement plan, as may be amended from time to time, developed pursuant tothe department of environmental management's regulations for reduction andrecycling of commercial and non-municipal residential solid waste. Withoutbeing required to enter into any recognizance or to give surety for costs, theattorney general and executive director may institute administrative, civil orcriminal proceedings in the name of the corporation when there are reasonablegrounds to believe that there has been a violation of any provision of thischapter and the corporation's enforcement plan, as may be amended from time totime, developed pursuant to the department of environmental management'sregulations for reduction and recycling of commercial and non-municipalresidential solid waste. The attorney general may assist the corporation incarrying out any civil or administrative proceedings. It shall be the duty ofthe attorney general to carry out all criminal proceedings initiated by theexecutive director.
(b) The superior court shall have jurisdiction to enforce theprovisions of this chapter and any rule, regulation, permit or administrativeorder issued pursuant to this chapter. Proceedings for enforcement may beinstituted and prosecuted in the name of the corporation. Proceedings providedin this section shall be in addition to other administrative or judicialproceedings authorized by this chapter.
(c) Any person charged with the violation of the provisionsof this chapter shall have a right to a trial by jury on every issue of fact.
