Rhode Island oil and gas laws can be found in Chapter 12.5.1, Title 46 of General Laws of Rhode Island. Pursuant to R.I. Gen. Laws § 46-12.5.1-3, no person must discharge, cause to be discharged, or permit the discharge of oil into, or upon the waters or land of the state except by regulation or by permit from the director.
Powers and Jurisdiction of the Director
Pursuant to R.I. Gen. Laws § 46-12.5.1-2, the director will have and may exercise these powers and duties:
- To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated hereunder;
- To promulgate rules and regulations for the transportation of oil on the waters and over the land of this state; for the emergency response for the containment, cleanup, and abatement of a discharge of oil; for the assessment of penalties and recovery of costs and of damages as set forth in this chapter; and for any other procedures necessary for the implementation of the statute;
- To promulgate rules and regulations for oil discharge contingency plans.
- To exercise all incidental powers necessary to carry out the purposes of the statute.
Civil Actions
Pursuant to R.I. Gen. Laws § 46-12.5.1-7, in addition to penalties established in the statute, any person who violates or causes or permits to be violated a provision, regulation, or order will be strictly liable to the state for these costs and expenses:
Compensation for any adverse environmental effects caused by the violation, which the court will determine according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the nature and sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;
- Costs that the state has incurred in detection, investigation, and correction of the violation;
- The economic advantage that the person realized in not complying with the requirements and provisions of this chapter.
Liability for damages includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degraded resource, or to otherwise restore the environment of the state[i].
Pursuant to R.I. Gen. Laws § 46-12.5.1-7(c), nothing in the statute will preclude the state or any private party from seeking additional damages and/or penalties in a civil action brought pursuant to any other provision of the general laws or pursuant to common law, or to limit the damages which can be awarded in such an action.
Enforcement
Pursuant to R.I. Gen. Laws § 46-12.5.1-9, the superior court will have the jurisdiction to enforce the provisions of the statute and any rule, regulation, or order issued. Proceedings for enforcement may be instituted by the attorney general or the director. In any proceedings, in which the attorney general or the director seeks injunctive relief, it is not necessary to show that without the relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided in the statute will be in addition to other administrative or judicial proceedings authorized by the statute or pursuant to any other provision of the general laws or common law.
Civil Penalties
Pursuant to R.I. Gen. Laws § 46-12.5.1-6, substantial civil penalties are imposed in order to provide an incentive to insure the safe handling of oil and to prevent the discharge of oil onto the land or into the waters of the state.
The director promulgates rules and regulations pursuant to the Administrative Procedures Act. The penalties will be up to twenty-five thousand dollars for each day during which the violation occurs. In determining the administrative penalty for the discharge of oil, the director will consider several factors, including, but not limited to:
- The type of environment that the discharge oil enters;
- The amount of oil spilled;
- The type of oil spilled;
- The toxicity, degradability, and dispersal characteristics of the oil spilled.
A person will not be held liable if the person demonstrates, by a preponderance of the evidence that the discharge occurred solely as a result of:
- An act of God;
- An act of a third person, unless the third person is a person with whom the person charged is made jointly and severally liable under this section;
- A negligent or intentional act of the United States; or
- An act of war.
The statute does not preclude the director from assessing additional penalties for the discharge of oil. Nothing in the statute precludes the state or any private party from seeking damages and/or penalties in an action brought pursuant to any other provision of the general laws or pursuant to common law or to limit the damages which can be awarded in such an action[ii].
Criminal Penalties
Pursuant to R.I. Gen. Laws § 46-12.5.1-10, a person who willfully or with criminal negligence violates a provision of the statute, or of a rule or regulation or order of the director issued will be punished by a fine up to twenty-five thousand dollars or by imprisonment for not more than five years, or by both such a fine and imprisonment. Every person will be deemed guilty of a separate and distinct offense for each day during which the violations are repeated or continued.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained will be punished by a fine up to twenty-five thousand dollars for each instance of violation, or by imprisonment for not more than five years, or by both a fine and imprisonment[iii].
Pursuant to R.I. Gen. Laws § 46-12.5.1-10(c), a person who fails to provide or falsely states information will be guilty of a misdemeanor.
[i] R.I. Gen. Laws § 46-12.5.1-7(b).
[ii] R.I. Gen. Laws § 46-12.5.1-6.
[iii] R.I. Gen. Laws § 46-12.5.1-10(b).
