In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity‘s discovery of violations must:

(1)  Be followed by submission to the department of an accurate and complete documentation regarding how it exercises due diligence to prevent, detect and correct violations according to the criteria for due diligence outlined in § 42-17.8-2; and

(2)  Be the result of voluntary activities and not the result of legally mandated monitoring, sampling or reporting requirement prescribed by environmental law, a judicial or administrative order, or a consent agreement. For example, this chapter shall not apply to:

(i)  Emissions violations detected through a continuous emissions monitor (or alternative monitor established in a permit where that monitoring is required);

(ii)  Violations of national pollutant discharge elimination system (NPDES) discharge limits detected through required sampling or monitoring;

(iii)  Violations discovered through an environmental audit required to be performed by the terms of an administrative or court order or settlement agreement.

History of Section.
P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.