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

SECTION 46-16-9

   § 46-16-9  Compliance with requirements forwater quality. – (a) If the commission ascertains that particular waters, at or near a boundaryof this state, do not comply with the standards of the commission made pursuantto article V of the New England Interstate Water Pollution Control Compact, orare not otherwise of a quality complying with state law, the commission shallinform the water pollution control agency of this state and of any other stateconcerned, 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 remedialaction.

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

   (c) Following a public hearing pursuant to subsection (b),the commission may issue an order directed to the source or sources of wastedischarge causing or contributing to the deteriorated water quality. The orderor orders may require reduction or cessation of waste discharges or theimprovement of their quality. No order of the commission pursuant to thissubsection shall be valid, unless supported by substantial evidence adduced atthe 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 bereduced, discontinued, or treated, and may contain timetables or schedules forspecific steps to be taken in order to comply therewith.

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