TITLE 42
State Affairs and Government

CHAPTER 42-64
Rhode Island Commerce Corporation

SECTION 42-64-9.4


§ 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 §§ 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.

History of Section.
(P.L. 1997, ch. 39, § 2; P.L. 1997, ch. 62, § 2; P.L. 2013, ch. 243, § 3; P.L. 2013, ch. 490, § 3.)