Rhode Island General Laws Title 42. State Affairs and Government § 42-17.8-4. Exceptions

(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;

(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;

(3) Gross negligence on the part of the regulated entity;

(4) The violation resulted in serious, actual harm or created an imminent and substantial endangerment to human health, public safety or the environment;

(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:

(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.