§ 42-64-9.4. Procedures for enforcement.
(a) The Rhode Island commerce corporation shall have authority to seek legal or equitable
relief in the federal court or in the superior court of Providence county to enforce
the requirements of sections 307(b) and (c); 402(b)(8), and other applicable sections
of the Federal Water Pollution Control Act [33 U.S.C. § 1251 et seq.] and any regulations implementing those sections or authorized by this chapter.
Whenever, on the basis of any information available to the corporation, the corporation
has reasonable grounds to believe that a person has violated any provision of this
chapter or of any permit, ru
Free access — add to your briefcase to read the full text and ask questions with AI
§ 42-64-9.4. Procedures for enforcement.
(a) The Rhode Island commerce corporation shall have authority to seek legal or equitable
relief in the federal court or in the superior court of Providence county to enforce
the requirements of sections 307(b) and (c); 402(b)(8), and other applicable sections
of the Federal Water Pollution Control Act [33 U.S.C. § 1251 et seq.] and any regulations implementing those sections or authorized by this chapter.
Whenever, on the basis of any information available to the corporation, the corporation
has reasonable grounds to believe that a person has violated any provision of this
chapter or of any permit, rule, regulation, or order issued pursuant to this chapter,
the corporation may institute administrative, civil or criminal proceedings in the
name of the Rhode Island commerce corporation. The corporation shall not be required
to enter into any recognizance or give surety for costs prior to instituting this
proceeding. The corporation has the authority to order any person who violates any
provision of this chapter or of any permit, rule, regulation, or order issued pursuant
to this chapter to cease and desist the violation or to remedy the violation and to
impose administrative penalties. The corporation may impose administrative penalties
only in accordance with the notice and hearing provisions of chapter 35 of this title,
this chapter, and as set forth in the corporation's rules and regulations.
(b) The superior court for Providence county shall have jurisdiction to enforce the provisions
of this chapter and any rule, regulation, permit, or administrative order issued pursuant
to this chapter. Proceedings for enforcement may be instituted and prosecuted in the
name of the corporation. In any proceeding on which injunctive relief is sought, it
shall not be necessary for the corporation to establish that without the relief the
injury, which will result will be irreparable or that the remedy at law is inadequate.
Proceedings provided in this section shall be in addition to, and may be utilized
in lieu of, other administrative or judicial proceedings authorized by this chapter.