Section 250-RICR-130-00-1.9 - Assessment of Administrative Penalty - Penalty CeilingA. No penalty shall exceed the maximum penalty allowed by State law for the violation(s) cited. The maximum administrative penalty which the Director has the authority to impose is determined by reference to the civil penalty provision of the relevant chapter of the General Laws administered and/or enforced by the Director and/or R.I. Gen. Laws Chapter 42-17.6. 1. Where State law provides that a penalty is to be assessed "per day," multi-day violations are counted from the initial day of noncompliance until compliance is achieved. Violations of weekly compliance requirements may be counted as seven (7) days of noncompliance; violations of monthly compliance requirements, may be counted as thirty (30) days of noncompliance.2. Where State law provides that a penalty is to be assessed "per violation", multiple violations of the same law, Rule, Regulation, license, permit or order are counted as separate violations if any violation: a. Involves a prohibited act which is distinct from any other by the nature of the act itself; orb. Involves a prohibited act which is distinct from any other by the time or place of its commission, including acts which involve separately identified lots; orc. Involves a prohibited act which is distinct from any other by definition; ord. Presents a risk of harm to the public health, safety, welfare or environment which is distinct from the risk threatened by any other violation.3. Each day following service of a Notice of Violation, Immediate Compliance Order or Cease and Desist Order to which the Director is a party, during which a violation is repeated, continued or remains in place, constitutes a separate violation. The Director may assess an additional administrative penalty, not to exceed one thousand dollars ($1,000.00) for each day the violation or failure to comply is repeated, continued or remains in place, unless a higher amount is authorized by statute as a civil penalty.4. The penalty imposed shall continue to accrue from the day the Notice of Violation, Immediate Compliance Order or Cease and Desist Order is issued until compliance is achieved if reasonable efforts to promptly come into compliance have not been made.250 R.I. Code R. 250-RICR-130-00-1.9
Amended effective 3/19/2021