§ 2-1-24 - Notice to cease operation and relief in equity – Penalty.
SECTION 2-1-24
§ 2-1-24 Notice to cease operation andrelief in equity – Penalty. – (a) Whenever any person, firm, industry, company, corporation, city, town,municipal or state agency, fire, district, club or other individual or groupcommences any activity set forth in § 2-1-21 without first having obtainedthe approval of the director, or violates any rule or regulation of thedirector, the director has the power by written notice to order the violator tocease and desist immediately and/or restore the wetlands to their originalstate insofar as possible. Any order or notice to restore wetlands is eligiblefor recordation under chapter 13 of title 34 and shall be recorded in the landevidence records in the city or town where the subject wetland is located, andany subsequent transferee of the wetland is responsible for complying with therequirements of the order or notice. If the violator and/or subsequenttransferee is ordered to restore the wetlands to the original state, and theviolator and/or subsequent transferee does not complete the restoration withina reasonable time following the order of the director, the director has theauthority to order the work done by an agent of the director's choosing, andthe person, agent or subsequent transferee is liable for the cost of therestoration. If the violator and/or subsequent transferee does not conform tothe director's order, the director may bring prosecution by complaint andwarrant and the prosecution shall be made in the district court of the state.The director, without being required to enter into any recognizance or to givesurety for cost, may institute the proceedings in the name of the state. It isthe duty of the attorney general to conduct the prosecution of all proceedingsbrought by the director.
(b) The director may obtain relief in equity or byprerogative writ whenever relief is necessary for the proper performance ofduties under §§ 2-1-18 – 2-1-24.
(c) Any person who violates an order of the director shall bepunished by a fine not exceeding five hundred dollars ($500) or by imprisonmentnot exceeding thirty (30) days or by both, and every person is deemed guilty ofa separate and distinct offense for each day during which the violation isrepeated or continued.
(d) For the purposes of this section, the building inspectorof the city of Warwick or town of Warren is deemed the authorized agent of thedirector and is vested with all the duties, powers and authority granted bythis section to the director of environmental management to be exercised solelywith respect to projects or property within his or her respective city or town.It shall be the duty of the attorney general of the state to conduct theprosecution of all proceedings brought by the building inspector in accordancewith this section. Nothing contained in this section is deemed to divest thedirector of environmental management of any duty, power or authority granted bythis chapter.