§ 42-17.8-2. Definitions.
As used in this chapter:
(1) "Administrative penalty� means a monetary penalty that does not exceed the civil penalty
specified by statute.
(2) "Department� means the department of environmental management.
(3) "Director� means the director of the department of environmental management or the
director's duly authorized agent.
(4) "Due diligence� means a regulated entity's regular, customary, and systematic efforts
to prevent, detect, and correct violations by consistently employing practices in
its operation that ensures protection of the natural environment through the use of
an environmental management system.
(5) "Environmental audit� means a systematic, documented, and objective review of a regulated
entity's facility operations and occupational practices that affect the regulated
entity's compliance with environmental laws.
(6) "Environmental audit report� means the analysis, conclusions, and recommendations
made based upon information or data obtained in or testimonial evidence concerning
the environmental audit.
(7) "Environmental law� means all federal, state, or municipal statutes, rules, regulations,
permits, licenses, or other legal requirements that are administered or enforced by
the department, and shall also include any judicial or administrative order or consent
agreement.
(8) "Environmental management system� means a systemic and objective mechanism for assuring
the compliance policies, standards, and procedures are being carried out, including
monitoring and auditing systems reasonably designed to detect and correct violations
and periodic evaluation of the overall performance of the environmental management
system. The environmental management system of any business shall include provisions
for commitment of the management of the business to the environmental management system,
to pollution prevention, and to the principle of sustainability. An environmental
management system shall lead to an exemplary record of compliance with environmental
laws which shall include, but shall not be limited to: (i) evidence that the business
has not been found in violation of any environmental law, other than a secondary violation
as defined in this statute, within the preceding three (3) years; and (ii) has complied
with the provisions of applicable general statutes, and any orders of the director
under those statutes, with regard to any secondary violation, as defined in those
statutes. An environmental management system must also meet the following criteria:
(A) The system must implement specific policies and procedures for employees and agents
that explain how to comply with environmental laws;
(B) The system must identify those persons or positions within the business that are:
(I) responsible for monitoring/overseeing compliance, (II) authorized to act, to stop
violations, achieve compliance, and mitigate violations, and (III) responsible to
report violations to the business and/or regulators;
(C) The system must lay out a procedure for employees to report violations to the business
and/or regulators;
(D) The system must explain how employees are educated about the system and the policies/procedures
in it;
(E) The system must lay out a procedure for modifying the system itself to prevent reoccurrence
of violations.
(9) "Gravity-based penalties� means that portion of an administrative penalty over and
above a regulated entity's direct economic gain from noncompliance with any environmental
laws, and costs or expenses incurred by the state relating to a regulated entity's
violation of any environmental law.
(10) "Person� means any agency or political subdivision of the state, any state public
or private corporation or authority, individual, trust, firm, joint stock company,
partnership, association, or other entity or any group of them or any officer, employee,
or agent of them.
(11) "Regulated entity� means any person including a federal, state, or municipal agency
or facility, regulated under federal or state environmental laws.
(12) "Secondary violation� means a violation that poses no actual threat or a low potential
for threat to human health and the environment.
(13) "Violation� means infraction of or noncompliance with any environmental law enforced
or administered by the department.