§ 23-23-12. Tests.
Whenever the director has reason to believe that emission is occurring in excess of that permitted under any rule, regulation, or order made under this chapter, the director may, without hearing, conduct tests to determine the emission of air contaminants from premises, buildings, or other places belonging to or controlled by any person, or to require the person to provide any information as he or she may request regarding this emission. The person owning or controlling the premises, building, or other place to be tested shall provide the director or his or her representatives or consultants access during working hours. The director, his or her representatives, or consultants shall be empowered to erect scaffolding and to provide necessary holes and stack or duct work or other sampling and test facilities. The director may specify the testing method to be used by qualified personnel in accordance with good professional practice, and should that test show that a violation of a rule or regulation made under this chapter any order of the director was occurring, the person shall pay in addition to any other regulatory, civil, and/or criminal penalties the entire cost of the test or tests and an additional administrative fine of up to one hundred percent (100%) of the cost of the test or tests. Those costs and fines shall be deposited as general revenues.
History of Section.P.L. 1966, ch. 256, § 1; G.L. 1956, § 23-25-12; P.L. 1979, ch. 39, § 1; P.L. 1985, ch. 214, § 1.
Structure Rhode Island General Laws
Section 23-23-1. - Short title.
Section 23-23-2. - Declaration of policy.
Section 23-23-3. - Definitions.
Section 23-23-4. - Administration — Agency for federal acts.
Section 23-23-5. - Powers and duties of the director.
Section 23-23-5.1. - Funds created.
Section 23-23-5.2. - Mandamus.
Section 23-23-5.3. - Advisory commission created.
Section 23-23-6. - Investigation and hearing of complaint of pollution — Public disclosure.
Section 23-23-7. - Subpoena of witnesses — Enforcement.
Section 23-23-8. - Investigations — Orders.
Section 23-23-9. - Operation of approved system as sufficient compliance.
Section 23-23-10. - Prosecution of violations — Relief in equity or by prerogative writ.
Section 23-23-11. - Violation required for criminal conviction.
Section 23-23-12.1. - Repealed.
Section 23-23-12.2. - Repealed.
Section 23-23-13. - Plans and records.
Section 23-23-14. - Penalties.
Section 23-23-15. - Variances.
Section 23-23-16. - Emergencies.
Section 23-23-17. - Promulgation of rules.
Section 23-23-18. - Regulation of burning in open fires.
Section 23-23-19 - — 23-23-21. Repealed.
Section 23-23-22. - Severability.
Section 23-23-23. - Temporary pay reductions prohibited.
Section 23-23-24 - — 23-23-27. Repealed.
Section 23-23-28. - Auxiliary monitors.
Section 23-23-29.1. - Findings of fact.
Section 23-23-29.2. - Diesel motor vehicle engine idling.
Section 23-23-29.3. - Non-road diesel engine idling.
Section 23-23-29.4. - Sources of diesel pollution.
Section 23-23-29.5. - Enforcement.