Rhode Island § 46-16-9 - New England Interstate Water Pollution Control Commission

§ 46-16-9. Compliance with requirements for water quality.

(a) If the commission ascertains that particular waters, at or near a boundary of this state, do not comply with the standards of the commission made pursuant to article V of the New England Interstate Water Pollution Control Compact, or are not otherwise of a quality complying with state law, the commission shall inform the water pollution control agency of this state and of any other state concerned, and shall afford the agencies an opportunity to verify, explain, supplement, or correct the information in the possession of the commission and, if the facts warrant, to take or secure the taking of any necessary remedial action.

(b) If a remedial action is not taken or secured in a timely fashion, the commission may hold a public hearing on due notice, as provided in its rules and regulations, in order to ascertain all the relevant facts and circumstances.

(c) Following a public hearing pursuant to subsection (b), the commission may issue an order directed to the source or sources of waste discharge causing or contributing to the deteriorated water quality. The order or orders may require reduction or cessation of waste discharges or the improvement of their quality. No order of the commission pursuant to this subsection shall be valid, unless supported by substantial evidence adduced at the public hearing.

(d) An order of the commission made pursuant to subsection (b) shall prescribe the date or dates by which discharges of waste are to be reduced, discontinued, or treated, and may contain timetables or schedules for specific steps to be taken in order to comply therewith.

(e) An order of the commission made pursuant to this section may be enforced in any court of competent jurisdiction. Proceedings shall be only on the record made before the commission.