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City of Pawtucket, RI
Providence County
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[Approved 12-27-1985 as Ch. No. 1939]
[1]
Editor's Note: See also Ch. 100, Air Pollution.
The City of Pawtucket holds that it is the right of every person in the City to enjoy clean, healthful air. The City of Pawtucket is committed to aiding the Department of Environmental Management, the state air pollution enforcement agency, in achieving that goal.
A. 
Definitions. As used in this Article, the following terms shall have the meanings indicated:
AUXILIARY AIR POLLUTION MONITOR
A full-time employee of the City of Pawtucket possessing the education and experience required by the State of Rhode Island Division of Personnel, Class Title "Environmental Quality Technician," who has been trained by the Rhode Island Department of Environmental Management in recognizing, analyzing and describing air pollution. Said employee may have other responsibilities not related to air pollution.
CITY ENGINEER
The City Engineer of Pawtucket as established in the Pawtucket City Charter.[1]
COMPLAINT
A grievance lodged by a resident or business located in the City of Pawtucket that air pollution, source known or unknown, is interfering in the enjoyment of his or her property, leased or owned.
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
An agency of Rhode Island State Government.
INVESTIGATE
To be able to recognize, analyze and describe.
[1]
Editor's Note: See Sec. 3-302 of the Charter.
B. 
Word usage. The word "shall" is mandatory.
Pursuant to R.I.G.L. § 23-23-28, as amended, the City of Pawtucket shall appoint an Air Pollution Auxiliary Monitor from among its full-time employees, provided that said employee must possess the education and experience required of the State of Rhode Island Division of Personnel, Class Title "Environmental Quality Technician." Said Auxiliary Monitor shall have other duties as the City deems necessary. Upon appointment, said Auxiliary Monitor shall be trained by the State Department of Environmental Management in recognizing, analyzing and describing air pollution. Upon satisfactory completion of a required course of study, the Auxiliary Monitor shall be empowered to investigate complaints of air pollution within the City of Pawtucket on behalf of the City and to present testimony or evidence regarding the same to said Department of Environmental Management in support of regulatory actions authorized under R.I.G.L. § 23-23, as amended. Such testimony or evidence shall be considered expert by the City of Pawtucket and the Department of Environmental Management as stated in R.I.G.L. § 23-23-28, as amended.
Any air pollution complaint received by the City Engineer shall first be referred to the State Department of Environmental Management. Should the Department of Environmental Management fail to investigate a complaint, or not have the personnel available to investigate a complaint within a reasonable amount of time as determined by the City Engineer, the City Engineer shall direct the City's Auxiliary Air Pollution Monitor to investigate said complaint on behalf of the City of Pawtucket. The City's Auxiliary Monitor shall immediately file his or her findings with the City Engineer and the State Department of Environmental Management upon completion of the investigation of said complaint.
Said Auxiliary Monitor and the City Engineer shall cooperate fully with state and federal agencies regarding air pollution matters.