§ 42-64-9.4 - Procedures for enforcement.
SECTION 42-64-9.4
§ 42-64-9.4 Procedures for enforcement.– (a) The Rhode Island economic development corporation shall have authority toseek legal or equitable relief in the federal court or in the superior court ofProvidence county to enforce the requirements of §§ 307(b) and (c);402(b)(8) and other applicable sections of the Federal Water Pollution ControlAct [33 U.S.C. § 1251 et seq.] and any regulations implementingthose sections or authorized by this chapter. Whenever, on the basis of anyinformation available to the corporation, the corporation has reasonablegrounds to believe that a person has violated any provision of this chapter orof any permit, rule, regulation or order issued pursuant to this chapter thecorporation may institute administrative, civil or criminal proceedings in thename of the Rhode Island economic development corporation. The corporationshall not be required to enter into any recognizance or give surety for costsprior to instituting this proceeding. The corporation has the authority toorder any person who violates any provision of this chapter or of any permit,rule, regulation or order issued pursuant to this chapter to cease and desistthe violation or to remedy the violation and to impose administrativepenalties. The corporation may impose administrative penalties only inaccordance with the notice and hearing provisions of chapter 35 of this title,this chapter and as set forth in the corporation's rules and regulations.
(b) The superior court for Providence county shall havejurisdiction 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 thecorporation. In any proceeding on which injunctive relief is sought, it shallnot be necessary for the corporation to establish that without the relief theinjury, which will result will be irreparable or that the remedy at law isinadequate. Proceedings provided in this section shall be in addition to, andmay be utilized in lieu of, other administrative or judicial proceedingsauthorized by this chapter.