State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-25-4

SECTION 46-25-25.4

   § 46-25-25.4  Enforcement authority andprocedure. – (a) The commission shall have authority to seek legal or equitable relief inthe federal court or in the superior court of Providence county to enforce therequirements of §§ 307(b) and (c), 402(b)(8) and other applicablesections of the Federal Water Pollution Control Act, also known as the CleanWater Act, 33 U.S.C. § 1251 et seq., and any regulations implementingthose sections or authorized by this chapter and/or by chapter 12 of thistitle. Whenever, on the basis of any information available to the commission,the commission has reasonable grounds to believe that a person has violated anyprovision of §§ 46-25-25 through 46-25-25.6 or any permit, rule,regulation or order issued pursuant thereto the commission may instituteadministrative, civil or criminal proceedings in the name of the commission.The commission shall not be required to enter into any recognizance or to givesurety for costs prior to instituting such proceedings. The commission has theauthority to order any person who violates any provision of §§46-25-25 through 46-25-25.6, any permit, rule, regulation or order issuedpursuant thereto to cease and desist the violation, or to remedy the violationand to impose administrative penalties. The commission may imposeadministrative penalties only in accordance with the notice and hearingprovisions of §§ 42-35-1 et seq., and 46-25-25, and the commission'srules and regulations. It shall be the duty of the attorney general to carryout all such criminal proceedings initiated by the commission.

   (b) The superior court for Providence County shall havejurisdiction to enforce the provisions of §§ 46-25-25 –46-25-25.6, and any rule, regulation, permit, or administrative order issuedpursuant thereto. Proceedings for enforcement may be instituted and prosecutedin the name of the commission. In any proceeding on which injunctive relief issought, it shall not be necessary for the commission to show that without thatrelief, the injury which will result will be irreparable or that the remedy atlaw is inadequate. Proceedings provided in this section shall be in addition toand may be utilized in lieu, of other administrative or judicial proceedingsauthorized by this chapter.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-25-4

SECTION 46-25-25.4

   § 46-25-25.4  Enforcement authority andprocedure. – (a) The commission shall have authority to seek legal or equitable relief inthe federal court or in the superior court of Providence county to enforce therequirements of §§ 307(b) and (c), 402(b)(8) and other applicablesections of the Federal Water Pollution Control Act, also known as the CleanWater Act, 33 U.S.C. § 1251 et seq., and any regulations implementingthose sections or authorized by this chapter and/or by chapter 12 of thistitle. Whenever, on the basis of any information available to the commission,the commission has reasonable grounds to believe that a person has violated anyprovision of §§ 46-25-25 through 46-25-25.6 or any permit, rule,regulation or order issued pursuant thereto the commission may instituteadministrative, civil or criminal proceedings in the name of the commission.The commission shall not be required to enter into any recognizance or to givesurety for costs prior to instituting such proceedings. The commission has theauthority to order any person who violates any provision of §§46-25-25 through 46-25-25.6, any permit, rule, regulation or order issuedpursuant thereto to cease and desist the violation, or to remedy the violationand to impose administrative penalties. The commission may imposeadministrative penalties only in accordance with the notice and hearingprovisions of §§ 42-35-1 et seq., and 46-25-25, and the commission'srules and regulations. It shall be the duty of the attorney general to carryout all such criminal proceedings initiated by the commission.

   (b) The superior court for Providence County shall havejurisdiction to enforce the provisions of §§ 46-25-25 –46-25-25.6, and any rule, regulation, permit, or administrative order issuedpursuant thereto. Proceedings for enforcement may be instituted and prosecutedin the name of the commission. In any proceeding on which injunctive relief issought, it shall not be necessary for the commission to show that without thatrelief, the injury which will result will be irreparable or that the remedy atlaw is inadequate. Proceedings provided in this section shall be in addition toand may be utilized in lieu, of other administrative or judicial proceedingsauthorized by this chapter.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-25-4

SECTION 46-25-25.4

   § 46-25-25.4  Enforcement authority andprocedure. – (a) The commission shall have authority to seek legal or equitable relief inthe federal court or in the superior court of Providence county to enforce therequirements of §§ 307(b) and (c), 402(b)(8) and other applicablesections of the Federal Water Pollution Control Act, also known as the CleanWater Act, 33 U.S.C. § 1251 et seq., and any regulations implementingthose sections or authorized by this chapter and/or by chapter 12 of thistitle. Whenever, on the basis of any information available to the commission,the commission has reasonable grounds to believe that a person has violated anyprovision of §§ 46-25-25 through 46-25-25.6 or any permit, rule,regulation or order issued pursuant thereto the commission may instituteadministrative, civil or criminal proceedings in the name of the commission.The commission shall not be required to enter into any recognizance or to givesurety for costs prior to instituting such proceedings. The commission has theauthority to order any person who violates any provision of §§46-25-25 through 46-25-25.6, any permit, rule, regulation or order issuedpursuant thereto to cease and desist the violation, or to remedy the violationand to impose administrative penalties. The commission may imposeadministrative penalties only in accordance with the notice and hearingprovisions of §§ 42-35-1 et seq., and 46-25-25, and the commission'srules and regulations. It shall be the duty of the attorney general to carryout all such criminal proceedings initiated by the commission.

   (b) The superior court for Providence County shall havejurisdiction to enforce the provisions of §§ 46-25-25 –46-25-25.6, and any rule, regulation, permit, or administrative order issuedpursuant thereto. Proceedings for enforcement may be instituted and prosecutedin the name of the commission. In any proceeding on which injunctive relief issought, it shall not be necessary for the commission to show that without thatrelief, the injury which will result will be irreparable or that the remedy atlaw is inadequate. Proceedings provided in this section shall be in addition toand may be utilized in lieu, of other administrative or judicial proceedingsauthorized by this chapter.