§ 42-17.1-2 Powers and duties. – The director of environmental management shall have the following powers andduties:
(1) To supervise and control the protection, development,planning, and utilization of the natural resources of the state, suchresources, including but not limited to, water, plants, trees, soil, clay,sand, gravel, rocks and other minerals, air, mammals, birds, reptiles,amphibians, fish, shellfish, and other forms of aquatic, insect, and animallife;
(2) To exercise all functions, powers, and duties heretoforevested in the department of agriculture and conservation, and in each of thedivisions of the department, such as the promotion of agriculture and animalhusbandry in their several branches, including the inspection and suppressionof contagious diseases among animals, the regulation of the marketing of farmproducts, the inspection of orchards and nurseries, the protection of trees andshrubs from injurious insects and diseases, protection from forest fires, theinspection of apiaries and the suppression of contagious diseases among bees,prevention of the sale of adulterated or misbranded agricultural seeds,promotion and encouragement of the work of farm bureaus in cooperation with theUniversity of Rhode Island, farmers' institutes and the various organizationsestablished for the purpose of developing an interest in agriculture, togetherwith such other agencies and activities as the governor and the generalassembly may from time to time place under the control of the department, andas heretofore vested by such of the following chapters and sections of thegeneral laws as are presently applicable to the department of environmentalmanagement and which were previously applicable to the department of naturalresources and the department of agriculture and conservation or to any of itsdivisions: chapters 1 through 22, inclusive, as amended, in title 2 entitled"Agriculture and Forestry;" chapters 1 through 17, inclusive, as amended, intitle 4 entitled "Animals and Animal Husbandry;" chapters 1 through 19,inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1through 32, inclusive, as amended, in title 21 entitled "Food and Drugs;"chapter 7 of title 23 as amended, entitled "Mosquito Abatement;" and by anyother general or public law relating to the department of agriculture andconservation or to any of its divisions or bureaus;
(3) To exercise all the functions, powers, and dutiesheretofore vested in the division of parks and recreation of the department ofpublic works by chapters 1, 2, and 5 in title 32 entitled "Parks andRecreational Areas;" by chapter 22.5 of title 23, as amended, entitled"Drowning Prevention and Lifesaving;" and by any other general or public lawrelating to the division of parks and recreation;
(4) To exercise all the functions, powers, and dutiesheretofore vested in the division of harbors and rivers of the department ofpublic works, or in the department itself by such as were previously applicableto the division or the department, of chapters 1 through 22 and sectionsthereof, as amended, in title 46 entitled "Waters and Navigation"; and by anyother general or public law relating to the division of harbors and rivers;
(5) To exercise all the functions, powers and dutiesheretofore vested in the department of health by chapters 25, 18.9, and 19.5 oftitle 23, as amended, entitled "Health and Safety;" and by chapters 12 and 16of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5,6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals andAnimal Husbandry;" and those functions, powers, and duties specifically vestedin the director of environmental management by the provisions of §21-2-22, as amended, entitled "Inspection of Animals and Milk;" together withother powers and duties of the director of the department of health as areincidental to or necessary for the performance of the functions transferred bythis section;
(6) To cooperate with the Rhode Island economic developmentcorporation in its planning and promotional functions, particularly in regardto those resources relating to agriculture, fisheries, and recreation;
(7) To cooperate with, advise, and guide conservationcommissions of cities and towns created under chapter 35 of title 45 entitled"Conservation Commissions", as enacted by chapter 203 of the Public Laws, 1960;
(8) To assign or reassign, with the approval of the governor,any functions, duties, or powers established by this chapter to any agencywithin the department, except as hereinafter limited;
(9) To cooperate with the water resources board and toprovide to the board facilities, administrative support, staff services, andsuch other services as the board shall reasonably require for its operationand, in cooperation with the board and the statewide planning program toformulate and maintain a long range guide plan and implementing program fordevelopment of major water sources transmissions systems needed to furnishwater to regional and local distribution systems;
(10) To cooperate with the solid waste management corporationand to provide to the corporation such facilities, administrative support,staff services and such other services within the department as the corporationshall reasonably require for its operation;
(11) To provide for the maintenance of waterways and boatingfacilities, consistent with chapter 6.1 of title 46, by: (i) establishingminimum standards for upland beneficial use and disposal of dredged material;(ii) promulgating and enforcing rules for water quality, ground waterprotection, and fish and wildlife protection pursuant to § 42-17.1-24;(iii) planning for the upland beneficial use and/or disposal of dredgedmaterial in areas not under the jurisdiction of the council pursuant to §46-23-6(2); and (iv) cooperating with the coastal resources management councilin the development and implementation of comprehensive programs for dredging asprovided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v)monitoring dredge material management and disposal sites in accordance with theprotocols established pursuant to § 46-6.1-5(3) and the comprehensiveprogram provided for in § 46-23-6(1)(ii)(H); no powers or duties grantedherein shall be construed to abrogate the powers or duties granted to thecoastal resources management council under chapter 23 of title 46, as amended;
(12) To establish minimum standards, subject to the approvalof the environmental standards board, relating to the location, design,construction and maintenance of all sewage disposal systems;
(13) To enforce, by such means as provided by law, thestandards for the quality of air, and water, and the design, construction andoperation of all sewage disposal systems; any order or notice issued by thedirector relating to the location, design, construction or maintenance of asewage disposal system shall be eligible for recordation under chapter 13 oftitle 34. The director shall forward the order or notice to the city or townwherein the subject property is located and the order or notice shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject property is located.Any subsequent transferee of that property shall be responsible for complyingwith the requirements of the order or notice. Upon satisfactory completion ofthe requirements of the order or notice, the director shall provide writtennotice of the same, which notice shall be similarly eligible for recordation.The original written notice shall be forwarded to the city or town wherein thesubject property is located and the notice of satisfactory completion shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject property is located. Acopy of the written notice shall be forwarded to the owner of the subjectproperty within five (5) days of a request for it, and, in any event, shall beforwarded to the owner of the subject property within thirty (30) days aftercorrection;
(14) To establish minimum standards for the establishment andmaintenance of salutary environmental conditions, including standards andmethods for the assessment and the consideration of the cumulative effects onthe environment of regulatory actions and decisions, which standards forconsideration of cumulative effects shall provide for: (i) evaluation ofpotential cumulative effects that could adversely effect public health and/orimpair ecological functioning; (ii) analysis of such other matters relative tocumulative effects as the department may deem appropriate in fulfilling itsduties, functions and powers; which standards and methods shall only beapplicable to ISDS systems in the town of Jamestown in areas that are dependentfor water supply on private and public wells, unless broader use is approved bythe general assembly. The department shall report to the general assembly notlater than March 15, 2008 with regard to the development and application ofsuch standards and methods in Jamestown.
(15) To establish and enforce minimum standards forpermissible types of septage, industrial waste disposal sites and waste oildisposal sites;
(16) To establish minimum standards subject to the approvalof the environmental standards board for permissible types of refuse disposalfacilities, the design, construction, operation, and maintenance of disposalfacilities; and the location of various types of facilities;
(17) To exercise all functions, powers, and duties necessaryfor the administration of chapter 19.1 of title 23 entitled "Rhode IslandHazardous Waste Management Act";
(18) To designate in writing any person in any department ofthe state government or any official of a district, county, city, town, orother governmental unit, with that official's consent, to enforce any rule,regulation, or order promulgated and adopted by the director under anyprovision of law; provided, however, that enforcement of powers of the coastalresources management council shall be assigned only to employees of thedepartment of environmental management, except by mutual agreement or asotherwise provided in chapter 23 of title 46;
(19) To issue and enforce such rules, regulations, and ordersas may be necessary to carry out the duties assigned to the director and thedepartment by any provision of law; and to conduct such investigations andhearings and to issue, suspend, and revoke such licenses as may be necessary toenforce those rules, regulations, and orders.
Notwithstanding the provisions of § 42-35-9 to thecontrary, no informal disposition of a contested licensing matter shall occurwhere resolution substantially deviates from the original application unlessall interested parties shall be notified of said proposed resolution andprovided with opportunity to comment upon said resolution pursuant toapplicable law and any rules and regulations established by the director.
(20) To enter, examine or survey at any reasonable time suchplaces as the director deems necessary to carry out his or her responsibilitiesunder any provision of law subject to the following provisions:
(i) For criminal investigations, the director shall, pursuantto chapter 5 of title 12, seek a search warrant from an official of a courtauthorized to issue warrants, unless a search without a warrant is otherwiseallowed or provided by law;
(ii) All administrative inspections shall be conductedpursuant to administrative guidelines promulgated by the department inaccordance with chapter 35 of title 42.
(B) A warrant shall not be required for administrativeinspections if conducted under the following circumstances, in accordance withthe applicable constitutional standards:
(I) For closely regulated industries;
(II) In situations involving open fields or conditions thatare in plain view;
(III) In emergency situations;
(IV) In situations presenting an imminent threat to theenvironment or public health, safety or welfare;
(V) If the owner, operator, or agent in charge of thefacility, property, site or location consents; or
(VI) In other situations in which a warrant is notconstitutionally required.
(C) Whenever it shall be constitutionally or otherwiserequired by law, or whenever the director in his or her discretion deems itadvisable, an administrative search warrant, or its functional equivalent, maybe obtained by the director from a neutral magistrate for the purpose ofconducting an administrative inspection. The warrant shall be issued inaccordance with the applicable constitutional standards for the issuance ofadministrative search warrants. The administrative standard of probable cause,not the criminal standard of probable cause, shall apply to applications foradministrative search warrants.
(I) The need for, or reliance upon, an administrative warrantshall not be construed as requiring the department to forfeit the element ofsurprise in its inspection efforts.
(II) An administrative warrant issued pursuant to thissubsection must be executed and returned within ten (10) days of its issuancedate unless, upon a showing of need for additional time, the court ordersotherwise.
(III) An administrative warrant may authorize the review andcopying of documents that are relevant to the purpose of the inspection. Ifdocuments must be seized for the purpose of copying, and the warrant authorizessuch seizure, the person executing the warrant shall prepare an inventory ofthe documents taken. The time, place and manner regarding the making of theinventory shall be set forth in the terms of the warrant itself, as dictated bythe court. A copy of the inventory shall be delivered to the person from whosepossession or facility the documents were taken. The seized documents shall becopied as soon as feasible under circumstances preserving their authenticity,then returned to the person from whose possession or facility the documentswere taken.
(IV) An administrative warrant may authorize the taking ofsamples of air, water or soil or of materials generated, stored or treated atthe facility, property, site or location. Upon request, the department shallmake split samples available to the person whose facility, property, site orlocation is being inspected.
(V) Service of an administrative warrant may be required onlyto the extent provided for in the terms of the warrant itself, by the issuingcourt.
(D) Penalties. Any willful and unjustified refusal ofright of entry and inspection to department personnel pursuant to anadministrative warrant shall constitute a contempt of court and shall subjectthe refusing party to sanctions, which in the court's discretion may result inup to six (6) months imprisonment and/or a monetary fine of up to ten thousanddollars ($10,000) per refusal.
(21) To give notice of an alleged violation of law to theperson responsible therefor whenever the director determines that there arereasonable grounds to believe that there is a violation of any provision of lawwithin his or her jurisdiction or of any rule or regulation adopted pursuant toauthority granted to him or her, unless other notice and hearing procedure isspecifically provided by that law. Nothing in this chapter shall limit theauthority of the attorney general to prosecute offenders as required by law.
(i) The notice shall provide for a time within which thealleged violation shall be remedied, and shall inform the person to whom it isdirected that a written request for a hearing on the alleged violation may befiled with the director within ten (10) days after service of the notice. Thenotice will be deemed properly served upon a person if a copy thereof is servedhim or her personally, or sent by registered or certified mail to his or herlast known address, or if he or she is served with notice by any other methodof service now or hereafter authorized in a civil action under the laws of thisstate. If no written request for a hearing is made to the director within ten(10) days of the service of notice, the notice shall automatically become acompliance order.
(ii) Whenever the director determines that there exists aviolation of any law, rule, or regulation within his or her jurisdiction whichrequires immediate action to protect the environment, he or she may, withoutprior notice of violation or hearing, issue an immediate compliance orderstating the existence of the violation and the action he or she deemsnecessary. The compliance order shall become effective immediately upon serviceor within such time as is specified by the director in such order. No requestfor a hearing on an immediate compliance order may be made.
(B) Any immediate compliance order issued under this sectionwithout notice and prior hearing shall be effective for no longer thanforty-five (45) days; provided, however, that for good cause shown the ordermay be extended one additional period not exceeding forty-five (45) days.
(iii) If a person upon whom a notice of violation has beenserved under the provisions of this section or if a person aggrieved by anysuch notice of violation requests a hearing before the director within ten (10)days of the service of notice of violation, the director shall set a time andplace for the hearing, and shall give the person requesting that hearing atleast five (5) days written notice thereof. After the hearing, the director maymake findings of fact and shall sustain, modify, or withdraw the notice ofviolation. If the director sustains or modifies the notice, that decision shallbe deemed a compliance order and shall be served upon the person responsible inany manner provided for the service of the notice in this section.
(iv) The compliance order shall state a time within which theviolation shall be remedied, and the original time specified in the notice ofviolation shall be extended to the time set in the order.
(v) Whenever a compliance order has become effective, whetherautomatically where no hearing has been requested, where an immediatecompliance order has been issued, or upon decision following a hearing, thedirector may institute injunction proceedings in the superior court of thestate for enforcement of the compliance order and for appropriate temporaryrelief, and in that proceeding the correctness of a compliance order shall bepresumed and the person attacking the order shall bear the burden of provingerror in the compliance order, except that the director shall bear the burdenof proving in the proceeding the correctness of an immediate compliance order.The remedy provided for in this section shall be cumulative and not exclusiveand shall be in addition to remedies relating to the removal or abatement ofnuisances or any other remedies provided by law.
(vi) Any party aggrieved by a final judgment of the superiorcourt may, within thirty (30) days from the date of entry of such judgment,petition the supreme court for a writ of certiorari to review any questions oflaw. The petition shall set forth the errors claimed. Upon the filing of thepetition with the clerk of the supreme court, the supreme court may, if it seesfit, issue its writ of certiorari;
(22) To impose administrative penalties in accordance withthe provisions of chapter 17.6 of this title and to direct that such penaltiesbe paid into the account established by subdivision (26); and
(23) The following definitions shall apply in theinterpretation of the provisions of this chapter:
(i) Director: The term "director" shall mean thedirector of environmental management of the state of Rhode Island or his or herduly authorized agent.
(ii) Person: The term "person" shall include anyindividual, group of individuals, firm, corporation, association, partnershipor private or public entity, including a district, county, city, town, or othergovernmental unit or agent thereof, and in the case of a corporation, anyindividual having active and general supervision of the properties of suchcorporation.
(iii) Service: (A) Service upon acorporation under this section shall be deemed to include service upon both thecorporation and upon the person having active and general supervision of theproperties of such corporation.
(B) For purposes of calculating the time within which a claimfor a hearing is made pursuant to subdivision (21)(i) of this sectionheretofore, service shall be deemed to be the date of receipt of such notice orthree (3) days from the date of mailing of said notice, whichever shall firstoccur.
(24) To conduct surveys of the present private and publiccamping and other recreational areas available and to determine the need forand location of such other camping and recreational areas as may be deemednecessary and in the public interest of the state of Rhode Island and to reportback its findings on an annual basis to the general assembly on or before March1 of every year;
(ii) Additionally, the director of the department ofenvironmental management shall take such additional steps, including but notlimited to, matters related to funding as may be necessary to establish suchother additional recreational facilities and areas as are deemed to be in thepublic interest.
(25) To apply for and accept grants and bequests of fundswith the approval of the director of administration from other states,interstate agencies and independent authorities, and private firms, individualsand foundations, for the purpose of carrying out his or her lawfulresponsibilities. The funds shall be deposited with the general treasurer in arestricted receipt account created in the Natural Resources Program for fundsmade available for that program's purposes or in a restricted receipt accountcreated in the Environmental Protection Program for funds made available forthat program's purposes. All expenditures from the accounts shall be subject toappropriation by the general assembly, and shall be expended in accordance withthe provisions of the grant or bequest. In the event that a donation or bequestis unspecified or in the event that the trust account balance shows a surplusafter the project as provided for in the grant or bequest has been completed,the director may utilize said appropriated unspecified or appropriated surplusfunds for enhanced management of the department's forest and outdoor publicrecreation areas, or other projects or programs that promote the accessibilityof recreational opportunities for Rhode Island residents and visitors.
(ii) The director shall submit to the house fiscal advisorand the senate fiscal advisor, by October 1 of each year, a detailed report onthe amount of funds received and the uses made of such funds.
(26) To establish fee schedules by regulation with theapproval of the governor for the processing of applications and the performingof related activities in connection with the department's responsibilitiespursuant to subdivision (12) of this section, chapter 19.1 of title 23 as itrelates to inspections performed by the department to determine compliance withchapter 19.1 and rules and regulations promulgated in accordance therewith,chapter 18.9 of title 23 as it relates to inspections performed by thedepartment to determine compliance with chapter 18.9 and the rules andregulations promulgated in accordance therewith, chapters 19.5 and 23 of title23; chapter 12 of title 46 insofar as it relates to water qualitycertifications and related reviews performed pursuant to provisions of thefederal Clean Water Act, the regulation and administration of undergroundstorage tanks and all other programs administered under chapter 12 of title 46and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 oftitle 46 insofar as they relate to any reviews and related activities performedunder the provisions of the Groundwater Protection Act, chapter 23-24.9 as itrelates to the regulation and administration of mercury-added products, andchapter 17.7 of this title insofar as it relates to administrative appeals ofall enforcement, permitting and licensing matters to the administrativeadjudication division for environmental matters. Two (2) fee ranges shall berequired: for "Appeal of enforcement actions", a range of fifty dollars ($50)to one hundred dollars ($100), and for "Appeal of application decisions", arange of five hundred dollars ($500) to ten thousand dollars ($10,000). Themonies from the administrative adjudication fees will be deposited as generalrevenues and the amounts appropriated shall be used for the costs associatedwith operating the administrative adjudication division.
There is hereby established an account within the generalfund to be called the water and air protection program. The account shallconsist of sums appropriated for water and air pollution control and wastemonitoring programs and the state controller is hereby authorized and directedto draw his or her orders upon the general treasurer for the payment of suchsums or such portions thereof as may be required from time to time upon receiptby him or her of properly authenticated vouchers. All amounts collected underthe authority of this subdivision for the sewage disposal system program andfresh waters wetlands program will be deposited as general revenues and theamounts appropriated shall be used for the purposes of administering andoperating the programs. The director shall submit to the house fiscal advisorand the senate fiscal advisor by January 15 of each year a detailed report onthe amount of funds obtained from fines and fees and the uses made of suchfunds.
(27) To establish and maintain a list or inventory of areaswithin the state worthy of special designation as "scenic" to include, but notbe limited to, certain state roads or highways, scenic vistas and scenic areas,and to make the list available to the public.
(28) To establish and maintain an inventory of all interestsin land held by public and private land trust and to exercise all powers vestedherein to insure the preservation of all identified lands.
(i) The director may promulgate and enforce rules andregulations to provide for the orderly and consistent protection, management,continuity of ownership and purpose, and centralized records-keeping for lands,water, and open spaces owned in fee or controlled in full or in part throughother interests, rights, or devices such as conservation easements orrestrictions, by private and public land trusts in Rhode Island. The directormay charge a reasonable fee for filing of each document submitted by a landtrust.
(ii) The term "public land trust" means any publicinstrumentality created by a Rhode Island municipality for the purposes statedherein and financed by means of public funds collected and appropriated by themunicipality. The term "private land trust" means any group of five (5) or moreprivate citizens of Rhode Island who shall incorporate under the laws of RhodeIsland as a nonbusiness corporation for the purposes stated herein, or anational organization such as the nature conservancy. The main purpose ofeither a public or a private land trust shall be the protection, acquisition,or control of land, water, wildlife, wildlife habitat, plants, and/or othernatural features, areas, or open space for the purpose of managing ormaintaining, or causing to be managed or maintained by others, the land, water,and other natural amenities in any undeveloped and relatively natural state inperpetuity. A private land trust must be granted exemption from federal incometax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may notcontinue to function as a land trust in Rhode Island. A private land trust maynot be incorporated for the exclusive purpose of acquiring or acceptingproperty or rights in property from a single individual, family, corporation,business, partnership, or other entity. Membership in any private land trustmust be open to any individual subscribing to the purposes of the land trustand agreeing to abide by its rules and regulations including payment ofreasonable dues.
(iii) Private land trusts will, in their articles ofassociation or their bylaws, as appropriate, provide for the transfer to anorganization created for the same or similar purposes the assets, lands andland rights and interests held by the land trust in the event of termination ordissolution of the land trust.
(B) All land trusts, public and private, will record in thepublic records of the appropriate towns and cities in Rhode Island all deeds,conservation easements or restrictions or other interests and rights acquiredin land and will also file copies of all such documents and current copies oftheir articles of association, their bylaws, and annual reports with thesecretary of state, and with the director of the Rhode Island department ofenvironmental management. The director is hereby directed to establish andmaintain permanently a system for keeping records of all private and publicland trust land holdings in Rhode Island.
(29) The director will contact in writing, not less oftenthan once every two (2) years, each public or private land trust to ascertain:that all lands held by the land trust are recorded with the director; thecurrent status and condition of each land holding; that any funds or otherassets of the land trust held as endowment for specific lands have beenproperly audited at least once within the two (2) year period; the name of thesuccessor organization named in the public or private land trust's bylaws orarticles of association; and any other information the director deems essentialto the proper and continuous protection and management of land and interests orrights in land held by the land trust. In the event that the directordetermines that a public or private land trust holding land or interest in landappears to have become inactive, he or she shall initiate proceedings to effectthe termination of the land trust and the transfer of its lands, assets, landrights, and land interests to the successor organization named in thedefaulting trust's bylaws or articles of association or to another organizationcreated for the same or similar purposes. Should such a transfer not bepossible, then the land trust, assets, and interest and rights in land will beheld in trust by the state of Rhode Island and managed by the director for thepurposes stated at the time of original acquisition by the trust. Any trustassets or interests other than land or rights in land accruing to the stateunder such circumstances will be held and managed as a separate fund for thebenefit of the designated trust lands.
(30) Consistent with federal standards, issue and enforcesuch rules, regulations and orders as may be necessary to establishrequirements for maintaining evidence of financial responsibility for takingcorrective action and compensating third parties for bodily injury and propertydamage caused by sudden and non-sudden accidental releases arising fromoperating underground storage tanks.
(31) To enforce, by such means as provided by law, thestandards for the quality of air, and water, and the location, design,construction and operation of all underground storage facilities used forstoring petroleum products or hazardous materials; any order or notice issuedby the director relating to the location, design construction, operation ormaintenance of an underground storage facility used for storing petroleumproducts or hazardous materials shall be eligible for recordation under chapter13 of title 34. The director shall forward the order or notice to the city ortown wherein the subject facility is located, and the order or notice shall berecorded in the general index by the appropriate municipal officer in the landevidence records in the city or town wherein the subject facility is located.Any subsequent transferee of that facility shall be responsible for complyingwith the requirements of the order or notice. Upon satisfactory completion ofthe requirements of the order or notice, the director shall provide writtennotice of the same, which notice shall be eligible for recordation. Theoriginal written notice shall be forwarded to the city or town wherein thesubject facility is located, and the notice of satisfactory completion shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject facility is located. Acopy of the written notice shall be forwarded to the owner of the subjectfacility within five (5) days of a request for it, and, in any event, shall beforwarded to the owner of the subject facility within thirty (30) days aftercorrection.
(32) To manage and disburse any and all funds collectedpursuant to § 46-12.9-4, in accordance with § 46-12.9-5, and otherprovisions of the Rhode Island Underground Storage Tank FinancialResponsibility Act, as amended.
(33) To support, facilitate and assist the Rhode IslandNatural History Survey, as appropriate and/or as necessary, in order toaccomplish the important public purposes of the survey in gathering andmaintaining data on Rhode Island natural history, making public presentationsand reports on natural history topics, ranking species and natural communities,monitoring rare species and communities, consulting on open space acquisitionsand management plans, reviewing proposed federal and state actions andregulations with regard to their potential impact on natural communities, andseeking outside funding for wildlife management, land management and research.
§ 42-17.1-2 Powers and duties. – The director of environmental management shall have the following powers andduties:
(1) To supervise and control the protection, development,planning, and utilization of the natural resources of the state, suchresources, including but not limited to, water, plants, trees, soil, clay,sand, gravel, rocks and other minerals, air, mammals, birds, reptiles,amphibians, fish, shellfish, and other forms of aquatic, insect, and animallife;
(2) To exercise all functions, powers, and duties heretoforevested in the department of agriculture and conservation, and in each of thedivisions of the department, such as the promotion of agriculture and animalhusbandry in their several branches, including the inspection and suppressionof contagious diseases among animals, the regulation of the marketing of farmproducts, the inspection of orchards and nurseries, the protection of trees andshrubs from injurious insects and diseases, protection from forest fires, theinspection of apiaries and the suppression of contagious diseases among bees,prevention of the sale of adulterated or misbranded agricultural seeds,promotion and encouragement of the work of farm bureaus in cooperation with theUniversity of Rhode Island, farmers' institutes and the various organizationsestablished for the purpose of developing an interest in agriculture, togetherwith such other agencies and activities as the governor and the generalassembly may from time to time place under the control of the department, andas heretofore vested by such of the following chapters and sections of thegeneral laws as are presently applicable to the department of environmentalmanagement and which were previously applicable to the department of naturalresources and the department of agriculture and conservation or to any of itsdivisions: chapters 1 through 22, inclusive, as amended, in title 2 entitled"Agriculture and Forestry;" chapters 1 through 17, inclusive, as amended, intitle 4 entitled "Animals and Animal Husbandry;" chapters 1 through 19,inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1through 32, inclusive, as amended, in title 21 entitled "Food and Drugs;"chapter 7 of title 23 as amended, entitled "Mosquito Abatement;" and by anyother general or public law relating to the department of agriculture andconservation or to any of its divisions or bureaus;
(3) To exercise all the functions, powers, and dutiesheretofore vested in the division of parks and recreation of the department ofpublic works by chapters 1, 2, and 5 in title 32 entitled "Parks andRecreational Areas;" by chapter 22.5 of title 23, as amended, entitled"Drowning Prevention and Lifesaving;" and by any other general or public lawrelating to the division of parks and recreation;
(4) To exercise all the functions, powers, and dutiesheretofore vested in the division of harbors and rivers of the department ofpublic works, or in the department itself by such as were previously applicableto the division or the department, of chapters 1 through 22 and sectionsthereof, as amended, in title 46 entitled "Waters and Navigation"; and by anyother general or public law relating to the division of harbors and rivers;
(5) To exercise all the functions, powers and dutiesheretofore vested in the department of health by chapters 25, 18.9, and 19.5 oftitle 23, as amended, entitled "Health and Safety;" and by chapters 12 and 16of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5,6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals andAnimal Husbandry;" and those functions, powers, and duties specifically vestedin the director of environmental management by the provisions of §21-2-22, as amended, entitled "Inspection of Animals and Milk;" together withother powers and duties of the director of the department of health as areincidental to or necessary for the performance of the functions transferred bythis section;
(6) To cooperate with the Rhode Island economic developmentcorporation in its planning and promotional functions, particularly in regardto those resources relating to agriculture, fisheries, and recreation;
(7) To cooperate with, advise, and guide conservationcommissions of cities and towns created under chapter 35 of title 45 entitled"Conservation Commissions", as enacted by chapter 203 of the Public Laws, 1960;
(8) To assign or reassign, with the approval of the governor,any functions, duties, or powers established by this chapter to any agencywithin the department, except as hereinafter limited;
(9) To cooperate with the water resources board and toprovide to the board facilities, administrative support, staff services, andsuch other services as the board shall reasonably require for its operationand, in cooperation with the board and the statewide planning program toformulate and maintain a long range guide plan and implementing program fordevelopment of major water sources transmissions systems needed to furnishwater to regional and local distribution systems;
(10) To cooperate with the solid waste management corporationand to provide to the corporation such facilities, administrative support,staff services and such other services within the department as the corporationshall reasonably require for its operation;
(11) To provide for the maintenance of waterways and boatingfacilities, consistent with chapter 6.1 of title 46, by: (i) establishingminimum standards for upland beneficial use and disposal of dredged material;(ii) promulgating and enforcing rules for water quality, ground waterprotection, and fish and wildlife protection pursuant to § 42-17.1-24;(iii) planning for the upland beneficial use and/or disposal of dredgedmaterial in areas not under the jurisdiction of the council pursuant to §46-23-6(2); and (iv) cooperating with the coastal resources management councilin the development and implementation of comprehensive programs for dredging asprovided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v)monitoring dredge material management and disposal sites in accordance with theprotocols established pursuant to § 46-6.1-5(3) and the comprehensiveprogram provided for in § 46-23-6(1)(ii)(H); no powers or duties grantedherein shall be construed to abrogate the powers or duties granted to thecoastal resources management council under chapter 23 of title 46, as amended;
(12) To establish minimum standards, subject to the approvalof the environmental standards board, relating to the location, design,construction and maintenance of all sewage disposal systems;
(13) To enforce, by such means as provided by law, thestandards for the quality of air, and water, and the design, construction andoperation of all sewage disposal systems; any order or notice issued by thedirector relating to the location, design, construction or maintenance of asewage disposal system shall be eligible for recordation under chapter 13 oftitle 34. The director shall forward the order or notice to the city or townwherein the subject property is located and the order or notice shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject property is located.Any subsequent transferee of that property shall be responsible for complyingwith the requirements of the order or notice. Upon satisfactory completion ofthe requirements of the order or notice, the director shall provide writtennotice of the same, which notice shall be similarly eligible for recordation.The original written notice shall be forwarded to the city or town wherein thesubject property is located and the notice of satisfactory completion shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject property is located. Acopy of the written notice shall be forwarded to the owner of the subjectproperty within five (5) days of a request for it, and, in any event, shall beforwarded to the owner of the subject property within thirty (30) days aftercorrection;
(14) To establish minimum standards for the establishment andmaintenance of salutary environmental conditions, including standards andmethods for the assessment and the consideration of the cumulative effects onthe environment of regulatory actions and decisions, which standards forconsideration of cumulative effects shall provide for: (i) evaluation ofpotential cumulative effects that could adversely effect public health and/orimpair ecological functioning; (ii) analysis of such other matters relative tocumulative effects as the department may deem appropriate in fulfilling itsduties, functions and powers; which standards and methods shall only beapplicable to ISDS systems in the town of Jamestown in areas that are dependentfor water supply on private and public wells, unless broader use is approved bythe general assembly. The department shall report to the general assembly notlater than March 15, 2008 with regard to the development and application ofsuch standards and methods in Jamestown.
(15) To establish and enforce minimum standards forpermissible types of septage, industrial waste disposal sites and waste oildisposal sites;
(16) To establish minimum standards subject to the approvalof the environmental standards board for permissible types of refuse disposalfacilities, the design, construction, operation, and maintenance of disposalfacilities; and the location of various types of facilities;
(17) To exercise all functions, powers, and duties necessaryfor the administration of chapter 19.1 of title 23 entitled "Rhode IslandHazardous Waste Management Act";
(18) To designate in writing any person in any department ofthe state government or any official of a district, county, city, town, orother governmental unit, with that official's consent, to enforce any rule,regulation, or order promulgated and adopted by the director under anyprovision of law; provided, however, that enforcement of powers of the coastalresources management council shall be assigned only to employees of thedepartment of environmental management, except by mutual agreement or asotherwise provided in chapter 23 of title 46;
(19) To issue and enforce such rules, regulations, and ordersas may be necessary to carry out the duties assigned to the director and thedepartment by any provision of law; and to conduct such investigations andhearings and to issue, suspend, and revoke such licenses as may be necessary toenforce those rules, regulations, and orders.
Notwithstanding the provisions of § 42-35-9 to thecontrary, no informal disposition of a contested licensing matter shall occurwhere resolution substantially deviates from the original application unlessall interested parties shall be notified of said proposed resolution andprovided with opportunity to comment upon said resolution pursuant toapplicable law and any rules and regulations established by the director.
(20) To enter, examine or survey at any reasonable time suchplaces as the director deems necessary to carry out his or her responsibilitiesunder any provision of law subject to the following provisions:
(i) For criminal investigations, the director shall, pursuantto chapter 5 of title 12, seek a search warrant from an official of a courtauthorized to issue warrants, unless a search without a warrant is otherwiseallowed or provided by law;
(ii) All administrative inspections shall be conductedpursuant to administrative guidelines promulgated by the department inaccordance with chapter 35 of title 42.
(B) A warrant shall not be required for administrativeinspections if conducted under the following circumstances, in accordance withthe applicable constitutional standards:
(I) For closely regulated industries;
(II) In situations involving open fields or conditions thatare in plain view;
(III) In emergency situations;
(IV) In situations presenting an imminent threat to theenvironment or public health, safety or welfare;
(V) If the owner, operator, or agent in charge of thefacility, property, site or location consents; or
(VI) In other situations in which a warrant is notconstitutionally required.
(C) Whenever it shall be constitutionally or otherwiserequired by law, or whenever the director in his or her discretion deems itadvisable, an administrative search warrant, or its functional equivalent, maybe obtained by the director from a neutral magistrate for the purpose ofconducting an administrative inspection. The warrant shall be issued inaccordance with the applicable constitutional standards for the issuance ofadministrative search warrants. The administrative standard of probable cause,not the criminal standard of probable cause, shall apply to applications foradministrative search warrants.
(I) The need for, or reliance upon, an administrative warrantshall not be construed as requiring the department to forfeit the element ofsurprise in its inspection efforts.
(II) An administrative warrant issued pursuant to thissubsection must be executed and returned within ten (10) days of its issuancedate unless, upon a showing of need for additional time, the court ordersotherwise.
(III) An administrative warrant may authorize the review andcopying of documents that are relevant to the purpose of the inspection. Ifdocuments must be seized for the purpose of copying, and the warrant authorizessuch seizure, the person executing the warrant shall prepare an inventory ofthe documents taken. The time, place and manner regarding the making of theinventory shall be set forth in the terms of the warrant itself, as dictated bythe court. A copy of the inventory shall be delivered to the person from whosepossession or facility the documents were taken. The seized documents shall becopied as soon as feasible under circumstances preserving their authenticity,then returned to the person from whose possession or facility the documentswere taken.
(IV) An administrative warrant may authorize the taking ofsamples of air, water or soil or of materials generated, stored or treated atthe facility, property, site or location. Upon request, the department shallmake split samples available to the person whose facility, property, site orlocation is being inspected.
(V) Service of an administrative warrant may be required onlyto the extent provided for in the terms of the warrant itself, by the issuingcourt.
(D) Penalties. Any willful and unjustified refusal ofright of entry and inspection to department personnel pursuant to anadministrative warrant shall constitute a contempt of court and shall subjectthe refusing party to sanctions, which in the court's discretion may result inup to six (6) months imprisonment and/or a monetary fine of up to ten thousanddollars ($10,000) per refusal.
(21) To give notice of an alleged violation of law to theperson responsible therefor whenever the director determines that there arereasonable grounds to believe that there is a violation of any provision of lawwithin his or her jurisdiction or of any rule or regulation adopted pursuant toauthority granted to him or her, unless other notice and hearing procedure isspecifically provided by that law. Nothing in this chapter shall limit theauthority of the attorney general to prosecute offenders as required by law.
(i) The notice shall provide for a time within which thealleged violation shall be remedied, and shall inform the person to whom it isdirected that a written request for a hearing on the alleged violation may befiled with the director within ten (10) days after service of the notice. Thenotice will be deemed properly served upon a person if a copy thereof is servedhim or her personally, or sent by registered or certified mail to his or herlast known address, or if he or she is served with notice by any other methodof service now or hereafter authorized in a civil action under the laws of thisstate. If no written request for a hearing is made to the director within ten(10) days of the service of notice, the notice shall automatically become acompliance order.
(ii) Whenever the director determines that there exists aviolation of any law, rule, or regulation within his or her jurisdiction whichrequires immediate action to protect the environment, he or she may, withoutprior notice of violation or hearing, issue an immediate compliance orderstating the existence of the violation and the action he or she deemsnecessary. The compliance order shall become effective immediately upon serviceor within such time as is specified by the director in such order. No requestfor a hearing on an immediate compliance order may be made.
(B) Any immediate compliance order issued under this sectionwithout notice and prior hearing shall be effective for no longer thanforty-five (45) days; provided, however, that for good cause shown the ordermay be extended one additional period not exceeding forty-five (45) days.
(iii) If a person upon whom a notice of violation has beenserved under the provisions of this section or if a person aggrieved by anysuch notice of violation requests a hearing before the director within ten (10)days of the service of notice of violation, the director shall set a time andplace for the hearing, and shall give the person requesting that hearing atleast five (5) days written notice thereof. After the hearing, the director maymake findings of fact and shall sustain, modify, or withdraw the notice ofviolation. If the director sustains or modifies the notice, that decision shallbe deemed a compliance order and shall be served upon the person responsible inany manner provided for the service of the notice in this section.
(iv) The compliance order shall state a time within which theviolation shall be remedied, and the original time specified in the notice ofviolation shall be extended to the time set in the order.
(v) Whenever a compliance order has become effective, whetherautomatically where no hearing has been requested, where an immediatecompliance order has been issued, or upon decision following a hearing, thedirector may institute injunction proceedings in the superior court of thestate for enforcement of the compliance order and for appropriate temporaryrelief, and in that proceeding the correctness of a compliance order shall bepresumed and the person attacking the order shall bear the burden of provingerror in the compliance order, except that the director shall bear the burdenof proving in the proceeding the correctness of an immediate compliance order.The remedy provided for in this section shall be cumulative and not exclusiveand shall be in addition to remedies relating to the removal or abatement ofnuisances or any other remedies provided by law.
(vi) Any party aggrieved by a final judgment of the superiorcourt may, within thirty (30) days from the date of entry of such judgment,petition the supreme court for a writ of certiorari to review any questions oflaw. The petition shall set forth the errors claimed. Upon the filing of thepetition with the clerk of the supreme court, the supreme court may, if it seesfit, issue its writ of certiorari;
(22) To impose administrative penalties in accordance withthe provisions of chapter 17.6 of this title and to direct that such penaltiesbe paid into the account established by subdivision (26); and
(23) The following definitions shall apply in theinterpretation of the provisions of this chapter:
(i) Director: The term "director" shall mean thedirector of environmental management of the state of Rhode Island or his or herduly authorized agent.
(ii) Person: The term "person" shall include anyindividual, group of individuals, firm, corporation, association, partnershipor private or public entity, including a district, county, city, town, or othergovernmental unit or agent thereof, and in the case of a corporation, anyindividual having active and general supervision of the properties of suchcorporation.
(iii) Service: (A) Service upon acorporation under this section shall be deemed to include service upon both thecorporation and upon the person having active and general supervision of theproperties of such corporation.
(B) For purposes of calculating the time within which a claimfor a hearing is made pursuant to subdivision (21)(i) of this sectionheretofore, service shall be deemed to be the date of receipt of such notice orthree (3) days from the date of mailing of said notice, whichever shall firstoccur.
(24) To conduct surveys of the present private and publiccamping and other recreational areas available and to determine the need forand location of such other camping and recreational areas as may be deemednecessary and in the public interest of the state of Rhode Island and to reportback its findings on an annual basis to the general assembly on or before March1 of every year;
(ii) Additionally, the director of the department ofenvironmental management shall take such additional steps, including but notlimited to, matters related to funding as may be necessary to establish suchother additional recreational facilities and areas as are deemed to be in thepublic interest.
(25) To apply for and accept grants and bequests of fundswith the approval of the director of administration from other states,interstate agencies and independent authorities, and private firms, individualsand foundations, for the purpose of carrying out his or her lawfulresponsibilities. The funds shall be deposited with the general treasurer in arestricted receipt account created in the Natural Resources Program for fundsmade available for that program's purposes or in a restricted receipt accountcreated in the Environmental Protection Program for funds made available forthat program's purposes. All expenditures from the accounts shall be subject toappropriation by the general assembly, and shall be expended in accordance withthe provisions of the grant or bequest. In the event that a donation or bequestis unspecified or in the event that the trust account balance shows a surplusafter the project as provided for in the grant or bequest has been completed,the director may utilize said appropriated unspecified or appropriated surplusfunds for enhanced management of the department's forest and outdoor publicrecreation areas, or other projects or programs that promote the accessibilityof recreational opportunities for Rhode Island residents and visitors.
(ii) The director shall submit to the house fiscal advisorand the senate fiscal advisor, by October 1 of each year, a detailed report onthe amount of funds received and the uses made of such funds.
(26) To establish fee schedules by regulation with theapproval of the governor for the processing of applications and the performingof related activities in connection with the department's responsibilitiespursuant to subdivision (12) of this section, chapter 19.1 of title 23 as itrelates to inspections performed by the department to determine compliance withchapter 19.1 and rules and regulations promulgated in accordance therewith,chapter 18.9 of title 23 as it relates to inspections performed by thedepartment to determine compliance with chapter 18.9 and the rules andregulations promulgated in accordance therewith, chapters 19.5 and 23 of title23; chapter 12 of title 46 insofar as it relates to water qualitycertifications and related reviews performed pursuant to provisions of thefederal Clean Water Act, the regulation and administration of undergroundstorage tanks and all other programs administered under chapter 12 of title 46and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 oftitle 46 insofar as they relate to any reviews and related activities performedunder the provisions of the Groundwater Protection Act, chapter 23-24.9 as itrelates to the regulation and administration of mercury-added products, andchapter 17.7 of this title insofar as it relates to administrative appeals ofall enforcement, permitting and licensing matters to the administrativeadjudication division for environmental matters. Two (2) fee ranges shall berequired: for "Appeal of enforcement actions", a range of fifty dollars ($50)to one hundred dollars ($100), and for "Appeal of application decisions", arange of five hundred dollars ($500) to ten thousand dollars ($10,000). Themonies from the administrative adjudication fees will be deposited as generalrevenues and the amounts appropriated shall be used for the costs associatedwith operating the administrative adjudication division.
There is hereby established an account within the generalfund to be called the water and air protection program. The account shallconsist of sums appropriated for water and air pollution control and wastemonitoring programs and the state controller is hereby authorized and directedto draw his or her orders upon the general treasurer for the payment of suchsums or such portions thereof as may be required from time to time upon receiptby him or her of properly authenticated vouchers. All amounts collected underthe authority of this subdivision for the sewage disposal system program andfresh waters wetlands program will be deposited as general revenues and theamounts appropriated shall be used for the purposes of administering andoperating the programs. The director shall submit to the house fiscal advisorand the senate fiscal advisor by January 15 of each year a detailed report onthe amount of funds obtained from fines and fees and the uses made of suchfunds.
(27) To establish and maintain a list or inventory of areaswithin the state worthy of special designation as "scenic" to include, but notbe limited to, certain state roads or highways, scenic vistas and scenic areas,and to make the list available to the public.
(28) To establish and maintain an inventory of all interestsin land held by public and private land trust and to exercise all powers vestedherein to insure the preservation of all identified lands.
(i) The director may promulgate and enforce rules andregulations to provide for the orderly and consistent protection, management,continuity of ownership and purpose, and centralized records-keeping for lands,water, and open spaces owned in fee or controlled in full or in part throughother interests, rights, or devices such as conservation easements orrestrictions, by private and public land trusts in Rhode Island. The directormay charge a reasonable fee for filing of each document submitted by a landtrust.
(ii) The term "public land trust" means any publicinstrumentality created by a Rhode Island municipality for the purposes statedherein and financed by means of public funds collected and appropriated by themunicipality. The term "private land trust" means any group of five (5) or moreprivate citizens of Rhode Island who shall incorporate under the laws of RhodeIsland as a nonbusiness corporation for the purposes stated herein, or anational organization such as the nature conservancy. The main purpose ofeither a public or a private land trust shall be the protection, acquisition,or control of land, water, wildlife, wildlife habitat, plants, and/or othernatural features, areas, or open space for the purpose of managing ormaintaining, or causing to be managed or maintained by others, the land, water,and other natural amenities in any undeveloped and relatively natural state inperpetuity. A private land trust must be granted exemption from federal incometax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may notcontinue to function as a land trust in Rhode Island. A private land trust maynot be incorporated for the exclusive purpose of acquiring or acceptingproperty or rights in property from a single individual, family, corporation,business, partnership, or other entity. Membership in any private land trustmust be open to any individual subscribing to the purposes of the land trustand agreeing to abide by its rules and regulations including payment ofreasonable dues.
(iii) Private land trusts will, in their articles ofassociation or their bylaws, as appropriate, provide for the transfer to anorganization created for the same or similar purposes the assets, lands andland rights and interests held by the land trust in the event of termination ordissolution of the land trust.
(B) All land trusts, public and private, will record in thepublic records of the appropriate towns and cities in Rhode Island all deeds,conservation easements or restrictions or other interests and rights acquiredin land and will also file copies of all such documents and current copies oftheir articles of association, their bylaws, and annual reports with thesecretary of state, and with the director of the Rhode Island department ofenvironmental management. The director is hereby directed to establish andmaintain permanently a system for keeping records of all private and publicland trust land holdings in Rhode Island.
(29) The director will contact in writing, not less oftenthan once every two (2) years, each public or private land trust to ascertain:that all lands held by the land trust are recorded with the director; thecurrent status and condition of each land holding; that any funds or otherassets of the land trust held as endowment for specific lands have beenproperly audited at least once within the two (2) year period; the name of thesuccessor organization named in the public or private land trust's bylaws orarticles of association; and any other information the director deems essentialto the proper and continuous protection and management of land and interests orrights in land held by the land trust. In the event that the directordetermines that a public or private land trust holding land or interest in landappears to have become inactive, he or she shall initiate proceedings to effectthe termination of the land trust and the transfer of its lands, assets, landrights, and land interests to the successor organization named in thedefaulting trust's bylaws or articles of association or to another organizationcreated for the same or similar purposes. Should such a transfer not bepossible, then the land trust, assets, and interest and rights in land will beheld in trust by the state of Rhode Island and managed by the director for thepurposes stated at the time of original acquisition by the trust. Any trustassets or interests other than land or rights in land accruing to the stateunder such circumstances will be held and managed as a separate fund for thebenefit of the designated trust lands.
(30) Consistent with federal standards, issue and enforcesuch rules, regulations and orders as may be necessary to establishrequirements for maintaining evidence of financial responsibility for takingcorrective action and compensating third parties for bodily injury and propertydamage caused by sudden and non-sudden accidental releases arising fromoperating underground storage tanks.
(31) To enforce, by such means as provided by law, thestandards for the quality of air, and water, and the location, design,construction and operation of all underground storage facilities used forstoring petroleum products or hazardous materials; any order or notice issuedby the director relating to the location, design construction, operation ormaintenance of an underground storage facility used for storing petroleumproducts or hazardous materials shall be eligible for recordation under chapter13 of title 34. The director shall forward the order or notice to the city ortown wherein the subject facility is located, and the order or notice shall berecorded in the general index by the appropriate municipal officer in the landevidence records in the city or town wherein the subject facility is located.Any subsequent transferee of that facility shall be responsible for complyingwith the requirements of the order or notice. Upon satisfactory completion ofthe requirements of the order or notice, the director shall provide writtennotice of the same, which notice shall be eligible for recordation. Theoriginal written notice shall be forwarded to the city or town wherein thesubject facility is located, and the notice of satisfactory completion shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject facility is located. Acopy of the written notice shall be forwarded to the owner of the subjectfacility within five (5) days of a request for it, and, in any event, shall beforwarded to the owner of the subject facility within thirty (30) days aftercorrection.
(32) To manage and disburse any and all funds collectedpursuant to § 46-12.9-4, in accordance with § 46-12.9-5, and otherprovisions of the Rhode Island Underground Storage Tank FinancialResponsibility Act, as amended.
(33) To support, facilitate and assist the Rhode IslandNatural History Survey, as appropriate and/or as necessary, in order toaccomplish the important public purposes of the survey in gathering andmaintaining data on Rhode Island natural history, making public presentationsand reports on natural history topics, ranking species and natural communities,monitoring rare species and communities, consulting on open space acquisitionsand management plans, reviewing proposed federal and state actions andregulations with regard to their potential impact on natural communities, andseeking outside funding for wildlife management, land management and research.
§ 42-17.1-2 Powers and duties. – The director of environmental management shall have the following powers andduties:
(1) To supervise and control the protection, development,planning, and utilization of the natural resources of the state, suchresources, including but not limited to, water, plants, trees, soil, clay,sand, gravel, rocks and other minerals, air, mammals, birds, reptiles,amphibians, fish, shellfish, and other forms of aquatic, insect, and animallife;
(2) To exercise all functions, powers, and duties heretoforevested in the department of agriculture and conservation, and in each of thedivisions of the department, such as the promotion of agriculture and animalhusbandry in their several branches, including the inspection and suppressionof contagious diseases among animals, the regulation of the marketing of farmproducts, the inspection of orchards and nurseries, the protection of trees andshrubs from injurious insects and diseases, protection from forest fires, theinspection of apiaries and the suppression of contagious diseases among bees,prevention of the sale of adulterated or misbranded agricultural seeds,promotion and encouragement of the work of farm bureaus in cooperation with theUniversity of Rhode Island, farmers' institutes and the various organizationsestablished for the purpose of developing an interest in agriculture, togetherwith such other agencies and activities as the governor and the generalassembly may from time to time place under the control of the department, andas heretofore vested by such of the following chapters and sections of thegeneral laws as are presently applicable to the department of environmentalmanagement and which were previously applicable to the department of naturalresources and the department of agriculture and conservation or to any of itsdivisions: chapters 1 through 22, inclusive, as amended, in title 2 entitled"Agriculture and Forestry;" chapters 1 through 17, inclusive, as amended, intitle 4 entitled "Animals and Animal Husbandry;" chapters 1 through 19,inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1through 32, inclusive, as amended, in title 21 entitled "Food and Drugs;"chapter 7 of title 23 as amended, entitled "Mosquito Abatement;" and by anyother general or public law relating to the department of agriculture andconservation or to any of its divisions or bureaus;
(3) To exercise all the functions, powers, and dutiesheretofore vested in the division of parks and recreation of the department ofpublic works by chapters 1, 2, and 5 in title 32 entitled "Parks andRecreational Areas;" by chapter 22.5 of title 23, as amended, entitled"Drowning Prevention and Lifesaving;" and by any other general or public lawrelating to the division of parks and recreation;
(4) To exercise all the functions, powers, and dutiesheretofore vested in the division of harbors and rivers of the department ofpublic works, or in the department itself by such as were previously applicableto the division or the department, of chapters 1 through 22 and sectionsthereof, as amended, in title 46 entitled "Waters and Navigation"; and by anyother general or public law relating to the division of harbors and rivers;
(5) To exercise all the functions, powers and dutiesheretofore vested in the department of health by chapters 25, 18.9, and 19.5 oftitle 23, as amended, entitled "Health and Safety;" and by chapters 12 and 16of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5,6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals andAnimal Husbandry;" and those functions, powers, and duties specifically vestedin the director of environmental management by the provisions of §21-2-22, as amended, entitled "Inspection of Animals and Milk;" together withother powers and duties of the director of the department of health as areincidental to or necessary for the performance of the functions transferred bythis section;
(6) To cooperate with the Rhode Island economic developmentcorporation in its planning and promotional functions, particularly in regardto those resources relating to agriculture, fisheries, and recreation;
(7) To cooperate with, advise, and guide conservationcommissions of cities and towns created under chapter 35 of title 45 entitled"Conservation Commissions", as enacted by chapter 203 of the Public Laws, 1960;
(8) To assign or reassign, with the approval of the governor,any functions, duties, or powers established by this chapter to any agencywithin the department, except as hereinafter limited;
(9) To cooperate with the water resources board and toprovide to the board facilities, administrative support, staff services, andsuch other services as the board shall reasonably require for its operationand, in cooperation with the board and the statewide planning program toformulate and maintain a long range guide plan and implementing program fordevelopment of major water sources transmissions systems needed to furnishwater to regional and local distribution systems;
(10) To cooperate with the solid waste management corporationand to provide to the corporation such facilities, administrative support,staff services and such other services within the department as the corporationshall reasonably require for its operation;
(11) To provide for the maintenance of waterways and boatingfacilities, consistent with chapter 6.1 of title 46, by: (i) establishingminimum standards for upland beneficial use and disposal of dredged material;(ii) promulgating and enforcing rules for water quality, ground waterprotection, and fish and wildlife protection pursuant to § 42-17.1-24;(iii) planning for the upland beneficial use and/or disposal of dredgedmaterial in areas not under the jurisdiction of the council pursuant to §46-23-6(2); and (iv) cooperating with the coastal resources management councilin the development and implementation of comprehensive programs for dredging asprovided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v)monitoring dredge material management and disposal sites in accordance with theprotocols established pursuant to § 46-6.1-5(3) and the comprehensiveprogram provided for in § 46-23-6(1)(ii)(H); no powers or duties grantedherein shall be construed to abrogate the powers or duties granted to thecoastal resources management council under chapter 23 of title 46, as amended;
(12) To establish minimum standards, subject to the approvalof the environmental standards board, relating to the location, design,construction and maintenance of all sewage disposal systems;
(13) To enforce, by such means as provided by law, thestandards for the quality of air, and water, and the design, construction andoperation of all sewage disposal systems; any order or notice issued by thedirector relating to the location, design, construction or maintenance of asewage disposal system shall be eligible for recordation under chapter 13 oftitle 34. The director shall forward the order or notice to the city or townwherein the subject property is located and the order or notice shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject property is located.Any subsequent transferee of that property shall be responsible for complyingwith the requirements of the order or notice. Upon satisfactory completion ofthe requirements of the order or notice, the director shall provide writtennotice of the same, which notice shall be similarly eligible for recordation.The original written notice shall be forwarded to the city or town wherein thesubject property is located and the notice of satisfactory completion shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject property is located. Acopy of the written notice shall be forwarded to the owner of the subjectproperty within five (5) days of a request for it, and, in any event, shall beforwarded to the owner of the subject property within thirty (30) days aftercorrection;
(14) To establish minimum standards for the establishment andmaintenance of salutary environmental conditions, including standards andmethods for the assessment and the consideration of the cumulative effects onthe environment of regulatory actions and decisions, which standards forconsideration of cumulative effects shall provide for: (i) evaluation ofpotential cumulative effects that could adversely effect public health and/orimpair ecological functioning; (ii) analysis of such other matters relative tocumulative effects as the department may deem appropriate in fulfilling itsduties, functions and powers; which standards and methods shall only beapplicable to ISDS systems in the town of Jamestown in areas that are dependentfor water supply on private and public wells, unless broader use is approved bythe general assembly. The department shall report to the general assembly notlater than March 15, 2008 with regard to the development and application ofsuch standards and methods in Jamestown.
(15) To establish and enforce minimum standards forpermissible types of septage, industrial waste disposal sites and waste oildisposal sites;
(16) To establish minimum standards subject to the approvalof the environmental standards board for permissible types of refuse disposalfacilities, the design, construction, operation, and maintenance of disposalfacilities; and the location of various types of facilities;
(17) To exercise all functions, powers, and duties necessaryfor the administration of chapter 19.1 of title 23 entitled "Rhode IslandHazardous Waste Management Act";
(18) To designate in writing any person in any department ofthe state government or any official of a district, county, city, town, orother governmental unit, with that official's consent, to enforce any rule,regulation, or order promulgated and adopted by the director under anyprovision of law; provided, however, that enforcement of powers of the coastalresources management council shall be assigned only to employees of thedepartment of environmental management, except by mutual agreement or asotherwise provided in chapter 23 of title 46;
(19) To issue and enforce such rules, regulations, and ordersas may be necessary to carry out the duties assigned to the director and thedepartment by any provision of law; and to conduct such investigations andhearings and to issue, suspend, and revoke such licenses as may be necessary toenforce those rules, regulations, and orders.
Notwithstanding the provisions of § 42-35-9 to thecontrary, no informal disposition of a contested licensing matter shall occurwhere resolution substantially deviates from the original application unlessall interested parties shall be notified of said proposed resolution andprovided with opportunity to comment upon said resolution pursuant toapplicable law and any rules and regulations established by the director.
(20) To enter, examine or survey at any reasonable time suchplaces as the director deems necessary to carry out his or her responsibilitiesunder any provision of law subject to the following provisions:
(i) For criminal investigations, the director shall, pursuantto chapter 5 of title 12, seek a search warrant from an official of a courtauthorized to issue warrants, unless a search without a warrant is otherwiseallowed or provided by law;
(ii) All administrative inspections shall be conductedpursuant to administrative guidelines promulgated by the department inaccordance with chapter 35 of title 42.
(B) A warrant shall not be required for administrativeinspections if conducted under the following circumstances, in accordance withthe applicable constitutional standards:
(I) For closely regulated industries;
(II) In situations involving open fields or conditions thatare in plain view;
(III) In emergency situations;
(IV) In situations presenting an imminent threat to theenvironment or public health, safety or welfare;
(V) If the owner, operator, or agent in charge of thefacility, property, site or location consents; or
(VI) In other situations in which a warrant is notconstitutionally required.
(C) Whenever it shall be constitutionally or otherwiserequired by law, or whenever the director in his or her discretion deems itadvisable, an administrative search warrant, or its functional equivalent, maybe obtained by the director from a neutral magistrate for the purpose ofconducting an administrative inspection. The warrant shall be issued inaccordance with the applicable constitutional standards for the issuance ofadministrative search warrants. The administrative standard of probable cause,not the criminal standard of probable cause, shall apply to applications foradministrative search warrants.
(I) The need for, or reliance upon, an administrative warrantshall not be construed as requiring the department to forfeit the element ofsurprise in its inspection efforts.
(II) An administrative warrant issued pursuant to thissubsection must be executed and returned within ten (10) days of its issuancedate unless, upon a showing of need for additional time, the court ordersotherwise.
(III) An administrative warrant may authorize the review andcopying of documents that are relevant to the purpose of the inspection. Ifdocuments must be seized for the purpose of copying, and the warrant authorizessuch seizure, the person executing the warrant shall prepare an inventory ofthe documents taken. The time, place and manner regarding the making of theinventory shall be set forth in the terms of the warrant itself, as dictated bythe court. A copy of the inventory shall be delivered to the person from whosepossession or facility the documents were taken. The seized documents shall becopied as soon as feasible under circumstances preserving their authenticity,then returned to the person from whose possession or facility the documentswere taken.
(IV) An administrative warrant may authorize the taking ofsamples of air, water or soil or of materials generated, stored or treated atthe facility, property, site or location. Upon request, the department shallmake split samples available to the person whose facility, property, site orlocation is being inspected.
(V) Service of an administrative warrant may be required onlyto the extent provided for in the terms of the warrant itself, by the issuingcourt.
(D) Penalties. Any willful and unjustified refusal ofright of entry and inspection to department personnel pursuant to anadministrative warrant shall constitute a contempt of court and shall subjectthe refusing party to sanctions, which in the court's discretion may result inup to six (6) months imprisonment and/or a monetary fine of up to ten thousanddollars ($10,000) per refusal.
(21) To give notice of an alleged violation of law to theperson responsible therefor whenever the director determines that there arereasonable grounds to believe that there is a violation of any provision of lawwithin his or her jurisdiction or of any rule or regulation adopted pursuant toauthority granted to him or her, unless other notice and hearing procedure isspecifically provided by that law. Nothing in this chapter shall limit theauthority of the attorney general to prosecute offenders as required by law.
(i) The notice shall provide for a time within which thealleged violation shall be remedied, and shall inform the person to whom it isdirected that a written request for a hearing on the alleged violation may befiled with the director within ten (10) days after service of the notice. Thenotice will be deemed properly served upon a person if a copy thereof is servedhim or her personally, or sent by registered or certified mail to his or herlast known address, or if he or she is served with notice by any other methodof service now or hereafter authorized in a civil action under the laws of thisstate. If no written request for a hearing is made to the director within ten(10) days of the service of notice, the notice shall automatically become acompliance order.
(ii) Whenever the director determines that there exists aviolation of any law, rule, or regulation within his or her jurisdiction whichrequires immediate action to protect the environment, he or she may, withoutprior notice of violation or hearing, issue an immediate compliance orderstating the existence of the violation and the action he or she deemsnecessary. The compliance order shall become effective immediately upon serviceor within such time as is specified by the director in such order. No requestfor a hearing on an immediate compliance order may be made.
(B) Any immediate compliance order issued under this sectionwithout notice and prior hearing shall be effective for no longer thanforty-five (45) days; provided, however, that for good cause shown the ordermay be extended one additional period not exceeding forty-five (45) days.
(iii) If a person upon whom a notice of violation has beenserved under the provisions of this section or if a person aggrieved by anysuch notice of violation requests a hearing before the director within ten (10)days of the service of notice of violation, the director shall set a time andplace for the hearing, and shall give the person requesting that hearing atleast five (5) days written notice thereof. After the hearing, the director maymake findings of fact and shall sustain, modify, or withdraw the notice ofviolation. If the director sustains or modifies the notice, that decision shallbe deemed a compliance order and shall be served upon the person responsible inany manner provided for the service of the notice in this section.
(iv) The compliance order shall state a time within which theviolation shall be remedied, and the original time specified in the notice ofviolation shall be extended to the time set in the order.
(v) Whenever a compliance order has become effective, whetherautomatically where no hearing has been requested, where an immediatecompliance order has been issued, or upon decision following a hearing, thedirector may institute injunction proceedings in the superior court of thestate for enforcement of the compliance order and for appropriate temporaryrelief, and in that proceeding the correctness of a compliance order shall bepresumed and the person attacking the order shall bear the burden of provingerror in the compliance order, except that the director shall bear the burdenof proving in the proceeding the correctness of an immediate compliance order.The remedy provided for in this section shall be cumulative and not exclusiveand shall be in addition to remedies relating to the removal or abatement ofnuisances or any other remedies provided by law.
(vi) Any party aggrieved by a final judgment of the superiorcourt may, within thirty (30) days from the date of entry of such judgment,petition the supreme court for a writ of certiorari to review any questions oflaw. The petition shall set forth the errors claimed. Upon the filing of thepetition with the clerk of the supreme court, the supreme court may, if it seesfit, issue its writ of certiorari;
(22) To impose administrative penalties in accordance withthe provisions of chapter 17.6 of this title and to direct that such penaltiesbe paid into the account established by subdivision (26); and
(23) The following definitions shall apply in theinterpretation of the provisions of this chapter:
(i) Director: The term "director" shall mean thedirector of environmental management of the state of Rhode Island or his or herduly authorized agent.
(ii) Person: The term "person" shall include anyindividual, group of individuals, firm, corporation, association, partnershipor private or public entity, including a district, county, city, town, or othergovernmental unit or agent thereof, and in the case of a corporation, anyindividual having active and general supervision of the properties of suchcorporation.
(iii) Service: (A) Service upon acorporation under this section shall be deemed to include service upon both thecorporation and upon the person having active and general supervision of theproperties of such corporation.
(B) For purposes of calculating the time within which a claimfor a hearing is made pursuant to subdivision (21)(i) of this sectionheretofore, service shall be deemed to be the date of receipt of such notice orthree (3) days from the date of mailing of said notice, whichever shall firstoccur.
(24) To conduct surveys of the present private and publiccamping and other recreational areas available and to determine the need forand location of such other camping and recreational areas as may be deemednecessary and in the public interest of the state of Rhode Island and to reportback its findings on an annual basis to the general assembly on or before March1 of every year;
(ii) Additionally, the director of the department ofenvironmental management shall take such additional steps, including but notlimited to, matters related to funding as may be necessary to establish suchother additional recreational facilities and areas as are deemed to be in thepublic interest.
(25) To apply for and accept grants and bequests of fundswith the approval of the director of administration from other states,interstate agencies and independent authorities, and private firms, individualsand foundations, for the purpose of carrying out his or her lawfulresponsibilities. The funds shall be deposited with the general treasurer in arestricted receipt account created in the Natural Resources Program for fundsmade available for that program's purposes or in a restricted receipt accountcreated in the Environmental Protection Program for funds made available forthat program's purposes. All expenditures from the accounts shall be subject toappropriation by the general assembly, and shall be expended in accordance withthe provisions of the grant or bequest. In the event that a donation or bequestis unspecified or in the event that the trust account balance shows a surplusafter the project as provided for in the grant or bequest has been completed,the director may utilize said appropriated unspecified or appropriated surplusfunds for enhanced management of the department's forest and outdoor publicrecreation areas, or other projects or programs that promote the accessibilityof recreational opportunities for Rhode Island residents and visitors.
(ii) The director shall submit to the house fiscal advisorand the senate fiscal advisor, by October 1 of each year, a detailed report onthe amount of funds received and the uses made of such funds.
(26) To establish fee schedules by regulation with theapproval of the governor for the processing of applications and the performingof related activities in connection with the department's responsibilitiespursuant to subdivision (12) of this section, chapter 19.1 of title 23 as itrelates to inspections performed by the department to determine compliance withchapter 19.1 and rules and regulations promulgated in accordance therewith,chapter 18.9 of title 23 as it relates to inspections performed by thedepartment to determine compliance with chapter 18.9 and the rules andregulations promulgated in accordance therewith, chapters 19.5 and 23 of title23; chapter 12 of title 46 insofar as it relates to water qualitycertifications and related reviews performed pursuant to provisions of thefederal Clean Water Act, the regulation and administration of undergroundstorage tanks and all other programs administered under chapter 12 of title 46and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 oftitle 46 insofar as they relate to any reviews and related activities performedunder the provisions of the Groundwater Protection Act, chapter 23-24.9 as itrelates to the regulation and administration of mercury-added products, andchapter 17.7 of this title insofar as it relates to administrative appeals ofall enforcement, permitting and licensing matters to the administrativeadjudication division for environmental matters. Two (2) fee ranges shall berequired: for "Appeal of enforcement actions", a range of fifty dollars ($50)to one hundred dollars ($100), and for "Appeal of application decisions", arange of five hundred dollars ($500) to ten thousand dollars ($10,000). Themonies from the administrative adjudication fees will be deposited as generalrevenues and the amounts appropriated shall be used for the costs associatedwith operating the administrative adjudication division.
There is hereby established an account within the generalfund to be called the water and air protection program. The account shallconsist of sums appropriated for water and air pollution control and wastemonitoring programs and the state controller is hereby authorized and directedto draw his or her orders upon the general treasurer for the payment of suchsums or such portions thereof as may be required from time to time upon receiptby him or her of properly authenticated vouchers. All amounts collected underthe authority of this subdivision for the sewage disposal system program andfresh waters wetlands program will be deposited as general revenues and theamounts appropriated shall be used for the purposes of administering andoperating the programs. The director shall submit to the house fiscal advisorand the senate fiscal advisor by January 15 of each year a detailed report onthe amount of funds obtained from fines and fees and the uses made of suchfunds.
(27) To establish and maintain a list or inventory of areaswithin the state worthy of special designation as "scenic" to include, but notbe limited to, certain state roads or highways, scenic vistas and scenic areas,and to make the list available to the public.
(28) To establish and maintain an inventory of all interestsin land held by public and private land trust and to exercise all powers vestedherein to insure the preservation of all identified lands.
(i) The director may promulgate and enforce rules andregulations to provide for the orderly and consistent protection, management,continuity of ownership and purpose, and centralized records-keeping for lands,water, and open spaces owned in fee or controlled in full or in part throughother interests, rights, or devices such as conservation easements orrestrictions, by private and public land trusts in Rhode Island. The directormay charge a reasonable fee for filing of each document submitted by a landtrust.
(ii) The term "public land trust" means any publicinstrumentality created by a Rhode Island municipality for the purposes statedherein and financed by means of public funds collected and appropriated by themunicipality. The term "private land trust" means any group of five (5) or moreprivate citizens of Rhode Island who shall incorporate under the laws of RhodeIsland as a nonbusiness corporation for the purposes stated herein, or anational organization such as the nature conservancy. The main purpose ofeither a public or a private land trust shall be the protection, acquisition,or control of land, water, wildlife, wildlife habitat, plants, and/or othernatural features, areas, or open space for the purpose of managing ormaintaining, or causing to be managed or maintained by others, the land, water,and other natural amenities in any undeveloped and relatively natural state inperpetuity. A private land trust must be granted exemption from federal incometax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]within two (2) years of its incorporation in Rhode Island or it may notcontinue to function as a land trust in Rhode Island. A private land trust maynot be incorporated for the exclusive purpose of acquiring or acceptingproperty or rights in property from a single individual, family, corporation,business, partnership, or other entity. Membership in any private land trustmust be open to any individual subscribing to the purposes of the land trustand agreeing to abide by its rules and regulations including payment ofreasonable dues.
(iii) Private land trusts will, in their articles ofassociation or their bylaws, as appropriate, provide for the transfer to anorganization created for the same or similar purposes the assets, lands andland rights and interests held by the land trust in the event of termination ordissolution of the land trust.
(B) All land trusts, public and private, will record in thepublic records of the appropriate towns and cities in Rhode Island all deeds,conservation easements or restrictions or other interests and rights acquiredin land and will also file copies of all such documents and current copies oftheir articles of association, their bylaws, and annual reports with thesecretary of state, and with the director of the Rhode Island department ofenvironmental management. The director is hereby directed to establish andmaintain permanently a system for keeping records of all private and publicland trust land holdings in Rhode Island.
(29) The director will contact in writing, not less oftenthan once every two (2) years, each public or private land trust to ascertain:that all lands held by the land trust are recorded with the director; thecurrent status and condition of each land holding; that any funds or otherassets of the land trust held as endowment for specific lands have beenproperly audited at least once within the two (2) year period; the name of thesuccessor organization named in the public or private land trust's bylaws orarticles of association; and any other information the director deems essentialto the proper and continuous protection and management of land and interests orrights in land held by the land trust. In the event that the directordetermines that a public or private land trust holding land or interest in landappears to have become inactive, he or she shall initiate proceedings to effectthe termination of the land trust and the transfer of its lands, assets, landrights, and land interests to the successor organization named in thedefaulting trust's bylaws or articles of association or to another organizationcreated for the same or similar purposes. Should such a transfer not bepossible, then the land trust, assets, and interest and rights in land will beheld in trust by the state of Rhode Island and managed by the director for thepurposes stated at the time of original acquisition by the trust. Any trustassets or interests other than land or rights in land accruing to the stateunder such circumstances will be held and managed as a separate fund for thebenefit of the designated trust lands.
(30) Consistent with federal standards, issue and enforcesuch rules, regulations and orders as may be necessary to establishrequirements for maintaining evidence of financial responsibility for takingcorrective action and compensating third parties for bodily injury and propertydamage caused by sudden and non-sudden accidental releases arising fromoperating underground storage tanks.
(31) To enforce, by such means as provided by law, thestandards for the quality of air, and water, and the location, design,construction and operation of all underground storage facilities used forstoring petroleum products or hazardous materials; any order or notice issuedby the director relating to the location, design construction, operation ormaintenance of an underground storage facility used for storing petroleumproducts or hazardous materials shall be eligible for recordation under chapter13 of title 34. The director shall forward the order or notice to the city ortown wherein the subject facility is located, and the order or notice shall berecorded in the general index by the appropriate municipal officer in the landevidence records in the city or town wherein the subject facility is located.Any subsequent transferee of that facility shall be responsible for complyingwith the requirements of the order or notice. Upon satisfactory completion ofthe requirements of the order or notice, the director shall provide writtennotice of the same, which notice shall be eligible for recordation. Theoriginal written notice shall be forwarded to the city or town wherein thesubject facility is located, and the notice of satisfactory completion shall berecorded in the general index by the appropriate municipal official in the landevidence records in the city or town wherein the subject facility is located. Acopy of the written notice shall be forwarded to the owner of the subjectfacility within five (5) days of a request for it, and, in any event, shall beforwarded to the owner of the subject facility within thirty (30) days aftercorrection.
(32) To manage and disburse any and all funds collectedpursuant to § 46-12.9-4, in accordance with § 46-12.9-5, and otherprovisions of the Rhode Island Underground Storage Tank FinancialResponsibility Act, as amended.
(33) To support, facilitate and assist the Rhode IslandNatural History Survey, as appropriate and/or as necessary, in order toaccomplish the important public purposes of the survey in gathering andmaintaining data on Rhode Island natural history, making public presentationsand reports on natural history topics, ranking species and natural communities,monitoring rare species and communities, consulting on open space acquisitionsand management plans, reviewing proposed federal and state actions andregulations with regard to their potential impact on natural communities, andseeking outside funding for wildlife management, land management and research.
