Rhode Island General Laws 46-12-10. Emergency powers
Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where that endangerment is, to the livelihood of those persons, or to protect the environment, may, without prior notice of violation or hearing, take such action as the director deems necessary to protect the public health or safety or the environment. The actions may include, but shall not be limited to, the following:
(1) Issuing an immediate compliance order stating the existence of the violation and the action that the director deems necessary. Any order issued under this section without notice and prior hearing shall be effective no longer than forty-five (45) days; provided, however, that for good cause shown an order may be extended one additional period of up to forty-five (45) days; and/or
(2) Obtaining injunctive relief or other order from the superior court.
History of Section.
P.L. 1920, ch. 1914, § 5; P.L. 1921, ch. 2090, § 3; G.L. 1923, ch. 125, § 5; G.L. 1938, ch. 634, § 5; G.L. 1956, § 46-12-10; P.L. 1966, ch. 261, § 16; P.L. 1983, ch. 149, § 1.
Terms Used In Rhode Island General Laws 46-12-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.