2023 Rhode Island General Laws
Title 23 - Health and Safety
Chapter 23-18.9 - Refuse Disposal
Section 23-18.9-11. - Prosecution of violations — Relief in equity or by prerogative writ.
§ 23-18.9-11. Prosecution of violations — Relief in equity or by prerogative writ.
(a) All prosecutions for the criminal violation of any provision of this chapter, or any rule or regulation made by the director in conformance with this chapter, shall be by indictment or information. The director, without being required to enter into any recognizance or to give surety for cost, or the attorney general of his or her own motion, may institute the proceedings in the name of the state. It shall be the duty of the attorney general to conduct the criminal prosecution of all the proceedings brought pursuant to this chapter.
(b) The director may obtain relief in equity or by prerogative writ whenever relief shall be necessary for the proper performance of his or her duties under this chapter. The superior court for Providence County shall have concurrent jurisdiction to enforce the provisions of this chapter and any rule, regulation, or order issued pursuant to this chapter. Proceedings for enforcement in superior court may be instituted and prosecuted in the name of the director, by either the director or by the attorney general, and in any proceeding in which the director or the attorney general seeks injunctive relief, it shall not be necessary to show that without this relief, the injury that will result will be irreparable or that the remedy at law is inadequate. Proceedings provided for in this section shall be in addition to other administrative or judicial proceedings authorized by this chapter or pursuant to any other provision of the general laws or common law.
History of Section.
P.L. 1974, ch. 176, § 4; G.L. 1956, § 23-46-11; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-18.9-11; P.L. 1991, ch. 52, § 1; P.L. 2021, ch. 147, § 3, effective July 3, 2021; P.L. 2021, ch. 148, § 3, effective July 3, 2021.
