Governing Law and Regulations
The Rhode Island Environmental Compliance Incentive Act, General Laws of Rhode Island (RI Gen. Laws) 42-17.8
Overview: RI Gen. Laws 42-17.8-1, RI Gen. Laws 42-17.8-7, and RI Gen. Laws 42-17.8-8
Definitions: RI Gen. Laws 42-17.8-2
Compliance incentives: RI Gen. Laws 42-17.8-3 and RI Gen. Laws 42-17.8-4
Eligibility: RI Gen. Laws 42-17.8-5 to 42-17.8-7
Rhode Island Department of Environmental Management (DEM) Bureau of Environmental Protection
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. No federal or state laws or regulations require environmental auditing. However, DEM encourages auditing and voluntary disclosure under the Rhode Island Environmental Compliance Incentive Act.
• Administration and enforcement. DEM oversees Rhode Island's environmental auditing incentive program.
AUDIT PRIVILEGE LEGISLATION
RI Gen. Laws 42-17.8-1, RI Gen. Laws 42-17.8-7, and RI Gen. Laws 42-17.8-8
The Rhode Island Environmental Compliance Incentive Act was enacted in 1997 to encourage voluntary public compliance with environmental laws. It provides compliance incentives (i.e., immunity) for violations discovered during an audit or other systematic due-diligence effort where notice is given to DEM within the required time periods of the intent to conduct an audit and of any violations that are discovered.
The statute applies to the assessment of penalties for any violations under all federal and state environmental statutes that DEM administers. Immunity extends to criminal and civil penalties (other than the economic gain derived from ...