§ 46-17.1-2. Issuance of permit to transport dredge or waste materials over state waters. (a) The director of the department of environmental management may issue a permit for the transporting and disposal of waste materials within the territorial waters of this state, provided, that upon receiving an application for the permit, the director shall hold a public hearing and give complete details as to the nature of the transporting and dumping request. After the hearing and appropriate investigation, if the director determines that the movement and disposal of the materials as set forth in the application would not be in conflict with the marine ecology within or adjacent to the state's territorial waters, and that existing fishing grounds would not be damaged or destroyed, he or she may then issue the permit to the applicant; provided, further, that a state inspector be on board the tow vessel at all times during transporting and dumping operations to assure compliance with the terms contained in the permit. The state inspector shall be a qualified sailor selected by the director of the department of environmental management. Inspector's wages will be determined on the basis of the current rate for comparable work. Wages will be paid to inspectors from the general treasury. However, all wages to be paid to inspectors will be paid to the state in advance by the person or firm requesting the permit. The director may revoke the permit at any time for sufficient cause.

(b) The provisions of this chapter shall be enforced by state conservation officers within the department of environmental management. Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the transportation thereof regulated under § 46-23-18 and/or 46-23-18.1.

History of Section. (P.L. 1971, ch. 47, § 1; P.L. 1996, ch. 271, § 5; P.L. 1996, ch. 281, § 5; P.L. 2007, ch. 340, § 54.)