2022 -- S 2181 | |
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LC003247 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO WATERS AND NAVIGATION -- DAMAGES FROM MILLDAMS -- THE | |
JOHNSON'S POND PROTECTION ACT | |
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Introduced By: Senators Raptakis, Anderson, Rogers, Calkin, Archambault, Sosnowski, | |
Date Introduced: February 08, 2022 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 46-18-1 of the General Laws in Chapter 46-18 entitled "Damages |
2 | from Milldams" is hereby amended to read as follows: |
3 | 46-18-1. Right of owner to continue and improve dam and pond. |
4 | (a) Whenever any person, either upon his or her own land or upon the land of another with |
5 | his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to |
6 | supply water to any mill or mills upon the stream whereon the dam is located, the owner of the mill |
7 | or dam may continue and improve the pond and keep up the dam thereof on his or her own land for |
8 | his or her advantage without molestations, except as provided in subsection (b) of this section. |
9 | (b) The provisions of this section shall be governed by the provisions of §§ 2-1-18 through |
10 | 2-1-28, specifically with respect to a certain parcel of land located within the town of Coventry, |
11 | commonly known as "Johnson's Pond". |
12 | SECTION 2. Section 2-1-23 of the General Laws in Chapter 2-1 entitled "Agricultural |
13 | Functions of Department of Environmental Management" is hereby amended to read as follows: |
14 | 2-1-23. Violations. |
15 | (a) In the event of a violation of § 2-1-21, the director of environmental management has |
16 | the power to order complete restoration of the freshwater wetland, buffer, floodplain, or other |
17 | jurisdictional area involved by the person or agent responsible for the violation. If the responsible |
18 | person or agent does not complete the restoration within a reasonable time following the order of |
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1 | the director of the department of environmental management, the director has the authority to order |
2 | the work done by an agent of the director's choosing and the person or agent responsible for the |
3 | original violation is liable for the cost of the restoration. The violator is liable for a fine not |
4 | exceeding five thousand dollars ($5,000) for each violation, except that if the violator knowingly |
5 | or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area without a |
6 | permit or approval from the director; knowingly or recklessly alters a freshwater wetland, buffer, |
7 | floodplain or other jurisdictional area in violation of the rules or regulations promulgated by the |
8 | director; or alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation |
9 | of a permit issued by the director, then the violator is liable for a fine not exceeding ten thousand |
10 | dollars ($10,000) for each violation, except if the violation occurs on the land commonly known as |
11 | "Johnson's Pond," the fine shall be sixty thousand dollars ($60,000) per day. |
12 | (b) In addition, with respect to a certain parcel of land located within the town of Coventry, |
13 | commonly known as "Johnson's Pond," the director of the department of environmental |
14 | management may enter upon the freshwater wetland, buffer, floodplain, or other jurisdictional area, |
15 | to restore the water levels and flow rates of the pond to match historical norms and take into |
16 | consideration the effects of climate change. |
17 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO WATERS AND NAVIGATION -- DAMAGES FROM MILLDAMS -- THE | |
JOHNSON'S POND PROTECTION ACT | |
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1 | This act would make the Milldam Act subject to the provisions of the Freshwater Wetlands |
2 | Act as it relates to Johnson's Pond in the town of Coventry. It would also grant authority to the |
3 | director of the DEM to enter upon the freshwater wetland at Johnson's Pond, to restore the water |
4 | levels of the pond to match historic norms. This act would also increase the fines for diverting water |
5 | flow out of Johnson's Pond without the approval of the director of DEM to sixty thousand dollars |
6 | ($60,000) per day. |
7 | This act would take effect upon passage. |
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