{"data":{"id":"us-ri/r.i.-gen.-laws-42-17.8-4","jurisdiction":"us-ri","citation":"R.I. Gen. Laws § 42-17.8-4","heading":"Exceptions.","body":"No regulated entity shall be entitled to avail itself of the compliance incentives set forth in § 42-17.8-3 where:\n(1) The regulated entity fails to comply with the conditions set forth in §§ 42-17.8-5, 42-17.8-6, and 42-17.8-7;\n(2) The regulated entity’s conduct and/or violations demonstrate a willful or knowing or reckless disregard for complying with environmental laws or a management pattern or practice that has the effect of condoning or concealing violations of environmental laws;\n(3) Gross negligence on the part of the regulated entity;\n(4) The violation resulted in serious, actual harm or created an imminent and substantial endangerment to human health, public safety, or the environment;\n(5) The violation(s) in question is a “repeat violation” that has occurred within the past three (3) years at the same facility, or is part of a pattern of federal, state, or local violations by the regulated entity. For the purposes of this section, a violation is:\n(i) Any violation of federal, state, or local environmental law identified in a judicial or administrative order, consent agreement, or order by the department, EPA or other governmental agency, a conviction or plea agreement; or\n(ii) Any act or omission for which the regulated entity has previously received penalty mitigation from EPA or the department or local agency;\n(6) The regulated entity fails to cooperate fully with the department by providing such information as is necessary for the department to determine applicability of this chapter. Cooperation includes, at a minimum, providing the department with all relevant documents, access to the regulated entity’s facility(ies), and assistance in investigating the violation and any environmental consequences resulting from the violation.","path":["Title 42 State Affairs and Government","Chapter 17.8 The Rhode Island Environmental Compliance Incentive Act"],"source_url":"https://webserver.rilegislature.gov/Statutes/TITLE42/42-17.8/42-17.8-4.htm","current_through":"site files published 2025-08-13","vintage":"","retrieved_at":"2026-09-05T19:59:46Z","sha256":"330eb21cef4dfd0a204a46fac7609fded74e8215c8e25a1a9d26387d05809e7e","source_id":"us-ri","stale":true,"prev":"us-ri/r.i.-gen.-laws-42-17.8-3","next":"us-ri/r.i.-gen.-laws-42-17.8-5"},"notice":"GroundRules: Original legal text. Not legal advice."}