Rhode Island § 46-15-11 - Water Resources Management

§ 46-15-11. Penalties and remedies.

(a) It shall be the duty of any person to comply with any order issued pursuant to this chapter. If the person fails to comply with the order within such time, if any, as may be specified, the order may be enforced by the superior court, upon application made by the water resources board.

(b) Any person who willfully or negligently violates any provision of this chapter, or any rule or regulation or other order promulgated by the water resources board, or any condition of any permit issued pursuant to the chapter, is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred ($500) dollars for each separate offense or to imprisonment for a period of not more than one year, or both.

(c) In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any term or condition of any permit issued pursuant to this chapter, the water resources board may assess a civil penalty upon a person for the violation. The penalty may be assessed whether or not the violation was willful or negligent. When the water resources board assesses a civil penalty, it shall inform the person of the amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall, within the thirty (30) day period, file an appeal of the action with the water resources board. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each violation for each separate day and each violation of any provision of this chapter, any rule or regulation under this chapter, any order of the water resources board, or any term or condition of a permit shall constitute a separate and distinct offense under this section.

(d) The penalties and remedies prescribed shall be deemed concurrent, and the existence of or exercise of any remedy shall not prevent the water resources board from exercising any other remedy hereunder.

(e) Violations on separate days shall constitute separate offenses for purposes of this chapter.