§ 23-19.14-16. Penalties for noncompliance.
(a) Any responsible party who fails, without sufficient cause, to properly provide for removal or remedial action pursuant to a final order of the director of the department of environmental management may be liable to the state for punitive damages in an amount at least equal to, and not more than, three (3) times the amount of any costs incurred by the state as a result of the failure to take proper action, in addition to liability for any response costs incurred by the state as a result of the failure to take action. The state is authorized to commence a civil action against any person who fails to take proper action to recover the punitive damages, which shall be in addition to any costs recovered from that person.
(b) Any money received by the state pursuant to this chapter shall be deposited in the environmental response fund established pursuant to chapter 19.1 of this title.
(c)(1) In addition to being liable for punitive damages and response costs as set forth in subsection (a) above, any responsible party or person who fails to assess, to properly assess, to remediate, to properly remediate, to take any other action that may be required by the director pursuant to this chapter, or to comply with any provision of this chapter, or any rule, regulation or order issued pursuant to this chapter shall also be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). In a case of a continuing violation, each day’s continuance of the violation shall be a separate and distinct offense.
(2) All penalties assessed pursuant to this subsection shall be assessed in accordance with chapter 17.6 of title 42 and the rules and regulations of the department for the assessment of administrative penalties.
History of Section.P.L. 1995, ch. 187, § 1; P.L. 2009, ch. 64, § 1; P.L. 2009, ch. 66, § 1.
Structure Rhode Island General Laws
Chapter 23-19.14 - Industrial Property Remediation and Reuse Act
Section 23-19.14-1. - Legislative findings.
Section 23-19.14-2. - Declaration of policy.
Section 23-19.14-3. - Definitions.
Section 23-19.14-4. - Objectives of environmental clean-up.
Section 23-19.14-5. - Environmental equity and public participation.
Section 23-19.14-5.1. - Brownfields program and continuous improvement.
Section 23-19.14-5.2. - Entry of registered professional engineers onto certain property.
Section 23-19.14-6. - Liability for releases of hazardous materials.
Section 23-19.14-6.1. - Liability for releases of petroleum.
Section 23-19.14-7. - Exemptions to liability.
Section 23-19.14-7.1. - Remedial agreements.
Section 23-19.14-8. - Voluntary investigations and remedial actions.
Section 23-19.14-9. - Priority sites for economic development.
Section 23-19.14-10. - Settlement authorities.
Section 23-19.14-11. - Filing and public comment on settlement agreements.
Section 23-19.14-12. - Protection from contribution actions.
Section 23-19.14-13. - Authority to recover costs.
Section 23-19.14-14. - Windfall liens.
Section 23-19.14-15. - Notice and validity of liens.
Section 23-19.14-16. - Penalties for noncompliance.
Section 23-19.14-17. - Subrogation of authorities.