Rhode Island § 42-17.6-6 § 42-17.6-6. Determination of administrative penalty.

Rhode Island Statutes

§ 42-17.6-6 — § 42-17.6-6. Determination of administrative penalty.

Rhode Island § 42-17.6-6

Title 42State Affairs and Government

Ch. 42-17.6Administrative Penalties for Environmental Violations

This text of Rhode Island § 42-17.6-6 (§ 42-17.6-6. Determination of administrative penalty.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 42-17.6-6 (2026).

Text

§ 42-17.6-6. Determination of administrative penalty.
In determining the amount of each administrative penalty, the director shall include,
            but not be limited to, the following to the extent practicable in the director's considerations:
         
(1) The actual and potential impact on public health, safety, and welfare and the environment
            of the failure to comply;
         
(2) The actual and potential damages suffered, and actual or potential costs incurred,
            by the director, or by any other person;
         
(3) Whether the person being assessed the administrative pena

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§ 42-17.6-6. Determination of administrative penalty.

In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in the director's considerations:

(1) The actual and potential impact on public health, safety, and welfare and the environment of the failure to comply;

(2) The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;

(3) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance;

(4) Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, order, permit, license, or approval issued or adopted by the director, or any law that the director has the authority or responsibility to enforce;

(5) Making compliance less costly than noncompliance;

(6) Deterring future noncompliance;

(7) The financial condition of the person being assessed the administrative penalty;

(8) The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;

(9) Whether the failure to comply was intentional, willful, or knowing and not the result of error;

(10) Any amount specified by state and/or federal statute for a similar violation or failure to comply;

(11) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and

(12) The public interest.