§ 42-17.8-7. Compliance, remediation and mitigation of violations. (a) In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must correct the violation within sixty (60) days from the date said violation was reported to the department, certify in writing that the violations have been corrected, and take appropriate measures, as determined by the department, to remedy any environmental harm or threat to public health or safety resulting from the violation. If more than sixty (60) days will be needed to correct the violation(s), the regulated entity shall provide the department with a written compliance schedule before the sixty (60) day period has passed.

(b) The regulated entity shall agree, in writing, to take steps to prevent a recurrence of the violation(s), which may include improvements to its environmental auditing or due diligence efforts.

(c) Where compliance or remedial measures are complex or a lengthy schedule for attaining and maintaining compliance or remediating harm is required, the department may require a regulated entity to enter into a publicly available written agreement, administrative consent order or judicial consent decree as a means of assuring that the required measures are performed in a prompt, professional manner.

(d) The department may forgive the entire penalty for violations which meet the conditions of this chapter and, in the department's opinion, do not merit any penalty due to the insignificant amount of any economic benefit.

History of Section. (P.L. 1997, ch. 196, § 1.)