§ 42-17.8-5 - Discovery of environmental noncompliance. - Rhode-island Statutes

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Statutes > Rhode-island > Title-42 > Chapter-42-17-8 > 42-17-8-5

SECTION 42-17.8-5

§ 42-17.8-5 Discovery of environmentalnoncompliance. – In order to qualify for the compliance incentives set forth in §42-17.8-3, a regulated entity's discovery of violations must:

(1) Be followed by submission to the department of anaccurate and complete documentation regarding how it exercises due diligence toprevent, detect and correct violations according to the criteria for duediligence outlined in § 42-17.8-2; and

(2) Be the result of voluntary activities and not the resultof legally mandated monitoring, sampling or reporting requirement prescribed byenvironmental law, a judicial or administrative order, or a consent agreement.For example, this chapter shall not apply to:

(i) Emissions violations detected through a continuousemissions monitor (or alternative monitor established in a permit where thatmonitoring is required);

(ii) Violations of national pollutant discharge eliminationsystem (NPDES) discharge limits detected through required sampling ormonitoring;

(iii) Violations discovered through an environmental auditrequired to be performed by the terms of an administrative or court order orsettlement agreement.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-17-8 > 42-17-8-5

SECTION 42-17.8-5

§ 42-17.8-5 Discovery of environmentalnoncompliance. – In order to qualify for the compliance incentives set forth in §42-17.8-3, a regulated entity's discovery of violations must:

(1) Be followed by submission to the department of anaccurate and complete documentation regarding how it exercises due diligence toprevent, detect and correct violations according to the criteria for duediligence outlined in § 42-17.8-2; and

(2) Be the result of voluntary activities and not the resultof legally mandated monitoring, sampling or reporting requirement prescribed byenvironmental law, a judicial or administrative order, or a consent agreement.For example, this chapter shall not apply to:

(i) Emissions violations detected through a continuousemissions monitor (or alternative monitor established in a permit where thatmonitoring is required);

(ii) Violations of national pollutant discharge eliminationsystem (NPDES) discharge limits detected through required sampling ormonitoring;

(iii) Violations discovered through an environmental auditrequired to be performed by the terms of an administrative or court order orsettlement agreement.

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State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-17-8 > 42-17-8-5

SECTION 42-17.8-5

§ 42-17.8-5 Discovery of environmentalnoncompliance. – In order to qualify for the compliance incentives set forth in §42-17.8-3, a regulated entity's discovery of violations must:

(1) Be followed by submission to the department of anaccurate and complete documentation regarding how it exercises due diligence toprevent, detect and correct violations according to the criteria for duediligence outlined in § 42-17.8-2; and

(2) Be the result of voluntary activities and not the resultof legally mandated monitoring, sampling or reporting requirement prescribed byenvironmental law, a judicial or administrative order, or a consent agreement.For example, this chapter shall not apply to:

(i) Emissions violations detected through a continuousemissions monitor (or alternative monitor established in a permit where thatmonitoring is required);

(ii) Violations of national pollutant discharge eliminationsystem (NPDES) discharge limits detected through required sampling ormonitoring;

(iii) Violations discovered through an environmental auditrequired to be performed by the terms of an administrative or court order orsettlement agreement.