§ 23-19-28.1. Procedures to enforcement.
(a) In any instance wherein there is a violation of its rules and regulations or any order of the corporation, the corporation and the attorney general shall have the power to order the violator to cease and desist, or to remedy the violations, and the corporation may impose administrative penalties. The corporation may impose administrative penalties only in accordance with the notice and hearing provisions of this chapter, and the corporation’s enforcement plan, as may be amended from time to time, developed pursuant to the department of environmental management’s regulations for reduction and recycling of commercial and non-municipal residential solid waste. Without being required to enter into any recognizance or to give surety for costs, the attorney general and executive director may institute administrative, civil or criminal proceedings in the name of the corporation when there are reasonable grounds to believe that there has been a violation of any provision of this chapter and the corporation’s enforcement plan, as may be amended from time to time, developed pursuant to the department of environmental management’s regulations for reduction and recycling of commercial and non-municipal residential solid waste. The attorney general may assist the corporation in carrying out any civil or administrative proceedings. It shall be the duty of the attorney general to carry out all criminal proceedings initiated by the executive director.
(b) The superior court 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. Proceedings provided in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter.
(c) Any person charged with the violation of the provisions of this chapter shall have a right to a trial by jury on every issue of fact.
History of Section.P.L. 1990, ch. 221, § 1; P.L. 1992, ch. 133, art. 111, § 1; P.L. 2005, ch. 41, § 1; P.L. 2005, ch. 56, § 1.
Structure Rhode Island General Laws
Chapter 23-19 - Rhode Island Resource Recovery Corporation
Section 23-19-1. - Short title.
Section 23-19-1.1. - Mission statement.
Section 23-19-2. - Legislative findings.
Section 23-19-3. - Declaration of policy.
Section 23-19-4. - Legislative purposes of Rhode Island Resource Recovery Corporation.
Section 23-19-5. - Definitions.
Section 23-19-7. - Commissioners — Oath of office — Conflict of interest.
Section 23-19-8. - Employment of executive director and support services — Books and records.
Section 23-19-9. - Purposes of the corporation.
Section 23-19-10. - General powers and duties.
Section 23-19-10.1. - Construction of gas pipelines.
Section 23-19-10.2. - Solid waste disposal facilities — Sites — Eminent domain.
Section 23-19-10.3. - Highway construction — Eminent domain.
Section 23-19-11. - Planning requirements.
Section 23-19-11.1. - Initial resource recovery system development plan.
Section 23-19-11.2. - Improvements of the central landfill.
Section 23-19-11.3. - Central landfill — Water quality and public health.
Section 23-19-11.4. - Initial resource recovery facilities.
Section 23-19-13. - Municipal participation in state program.
Section 23-19-13.2. - Disposal of infectious and pathological waste.
Section 23-19-13.3. - Prohibiting business due to conviction of certain acts.
Section 23-19-13.5. - Interim rates.
Section 23-19-13.6. - Cover materials not permitted.
Section 23-19-14. - Bonds and notes of the corporation.
Section 23-19-15. - Short term notes.
Section 23-19-16. - Security for bonds or notes.
Section 23-19-17. - Capital reserve funds and appropriations.
Section 23-19-18. - Trust funds.
Section 23-19-19. - Remedies of bondholders and noteholders.
Section 23-19-20. - Pledge of the state.
Section 23-19-21. - Credit of state not pledged.
Section 23-19-22. - Notes and bonds as legal investments.
Section 23-19-24. - Reporting requirements.
Section 23-19-24.1. - Solid waste diversion — Economic impact and strategies reporting.
Section 23-19-25. - Authorization to accept appropriated moneys.
Section 23-19-26. - Tax exemption.
Section 23-19-27. - Severability.
Section 23-19-28. - Violations — Sanctions — Injunctive relief.
Section 23-19-28.1. - Procedures to enforcement.
Section 23-19-29. - Liberal construction.
Section 23-19-30. - State central landfill — Annual liquid waste or sludge analysis.
Section 23-19-31. - Recycling facility at central landfill.
Section 23-19-32. - Grants-in-aid.
Section 23-19-33. - Bonus incentive program.
Section 23-19-34. - Central landfill buffer zone.
Section 23-19-34.1. - Removal of houses — Buffer zone.
Section 23-19-35. - Central landfill — Adjoining residential property.
Section 23-19-35.1. - Use of acquired property.
Section 23-19-36. - Central landfill — Funds for acquisition.
Section 23-19-37. - Financial accountability.
Section 23-19-38. - Report of the auditor general.
Section 23-19-40. - Utilization of buffer zone — Restrictions.