Chapter 05-056

2005 -- S 0337

Enacted 06/21/05

A N A C T

RELATING TO HEALTH AND SAFETY - RHODE ISLAND RESOURCE RECOVERY

CORPORATION

Introduced By: Senator Joseph M. Polisena

Date Introduced: February 09, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-19-28 and 23-19-28.1 of the General Laws in Chapter 23-19

entitled "Rhode Island Resource Recovery Corporation" are hereby amended to read as follows:

23-19-28. Violations -- Sanctions -- Injunctive relief. -- The attorney general of the

state shall have the power to bring an action in the name of the state, and the corporation through

its legal counsel shall have the power to bring an action in the name of the corporation in any

court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin

violations or threatened violations of this chapter, or for specific performance of the obligations

of any person or municipality under this chapter. Proceedings under this chapter shall be

instituted and prosecuted in the name of the corporation, (1) by the attorney general but only upon

the request of the corporation, or (2) by the corporation through its legal counsel. The superior

court shall have the jurisdiction in equity to enforce the provisions of this chapter and any rules or

regulation of the corporation under the provisions of this chapter.

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 to 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.

     SECTION 2. This act shall take effect upon passage.

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LC01048

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