§ 42-17.8-2 Definitions. – As used in this chapter:
(1) "Administrative penalty" means a monetary penaltythat does not exceed the civil penalty specified by statute.
(2) "Department" means the department of environmentalmanagement.
(3) "Director" means the director of the department ofenvironmental management or his or her duly authorized agent.
(4) "Due diligence" means a regulated entity'sregular, customary and systematic efforts to prevent, detect and correctviolations by consistently employing practices in its operation that ensuresprotection of the natural environment through the use of an environmentalmanagement system.
(5) "Environmental audit" means a systematic,documented, and objective review of a regulated entity's facility operationsand occupational practices which affect the regulated entity's compliance withenvironmental laws.
(6) "Environmental audit report" means the analysis,conclusions, and recommendations made based upon information or data obtainedin or testimonial evidence concerning the environmental audit.
(7) "Environmental law" means all federal, state ormunicipal statutes, rules, regulations, permits, licenses or other legalrequirements that are administered or enforced by the department, and shallalso include any judicial or administrative order or consent agreement.
(8) "Environmental management system" means a systemicand objective mechanism for assuring the compliance policies, standards andprocedures are being carried out, including monitoring and auditing systemsreasonably designed to detect and correct violations and periodic evaluation ofthe overall performance of the environmental management system. Theenvironmental management system of any business shall include provisions forcommitment of the management of the business to the environmental managementsystem, to pollution prevention, and to the principle of sustainability. Anenvironmental management system shall lead to an exemplary record of compliancewith environmental laws which shall include, but shall not be limited to: (i)evidence that the business has not been found in violation of any environmentallaw, other than a secondary violation as defined in this statute, within thepreceding three (3) years; and (ii) has complied with the provisions ofapplicable general statutes, and any orders of the director under thosestatutes, 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 andprocedures for employees and agents that explain how to comply withenvironmental laws;
(B) The system must identify those persons or positionswithin the business that are: (I) responsible for monitoring/overseeingcompliance, (II) authorized to act, to stop violations, achieve compliance, andmitigate violations, and (III) responsible to report violations to the businessand/or regulators;
(C) The system must lay out a procedure for employees toreport violations to the business and/or regulators;
(D) The system must explain how employees are educated aboutthe system and the policies/procedures in it;
(E) The system must layout a procedure for modifying thesystem itself to prevent reoccurrence of violations.
(9) "Gravity-based penalties" means that portion of anadministrative penalty over and above a regulated entity's direct economic gainfrom noncompliance with any environmental laws, and costs or expenses incurredby the state relating to a regulated entity's violation of any environmentallaw.
(10) "Person" means any agency or politicalsubdivision of the state, any state public or private corporation or authority,individual, trust, firm, joint stock company, partnership, association, orother entity or any group of them or any officer, employee, or agent of them.
(11) "Regulated entity" means any person including afederal, state or municipal agency or facility, regulated under federal orstate environmental laws.
(12) "Secondary violation" means a violation thatposes no actual threat or a low potential for threat to human health and theenvironment.
(13) "Violation" means infraction of or noncompliancewith any environmental law enforced or administered by the department.
(i) The system must implement specific policies andprocedures for employees and agents that explain how to comply withenvironmental laws;
(ii) The system must identify those persons or positionswithin the business that are: (A) responsible for monitoring/overseeingcompliance, (B) authorized to act to stop violations, achieve compliance, andmitigate violations, and (C) responsible to report violations to regulators;
(iii) The system must lay out a procedure for employees toreport violations to the business and/or regulators;
(iv) The system must explain how employees are educated aboutthe system and the policies/procedures in it;
(v) The system must layout a procedure for modifying thesystem itself to prevent reoccurrence of violations.
§ 42-17.8-2 Definitions. – As used in this chapter:
(1) "Administrative penalty" means a monetary penaltythat does not exceed the civil penalty specified by statute.
(2) "Department" means the department of environmentalmanagement.
(3) "Director" means the director of the department ofenvironmental management or his or her duly authorized agent.
(4) "Due diligence" means a regulated entity'sregular, customary and systematic efforts to prevent, detect and correctviolations by consistently employing practices in its operation that ensuresprotection of the natural environment through the use of an environmentalmanagement system.
(5) "Environmental audit" means a systematic,documented, and objective review of a regulated entity's facility operationsand occupational practices which affect the regulated entity's compliance withenvironmental laws.
(6) "Environmental audit report" means the analysis,conclusions, and recommendations made based upon information or data obtainedin or testimonial evidence concerning the environmental audit.
(7) "Environmental law" means all federal, state ormunicipal statutes, rules, regulations, permits, licenses or other legalrequirements that are administered or enforced by the department, and shallalso include any judicial or administrative order or consent agreement.
(8) "Environmental management system" means a systemicand objective mechanism for assuring the compliance policies, standards andprocedures are being carried out, including monitoring and auditing systemsreasonably designed to detect and correct violations and periodic evaluation ofthe overall performance of the environmental management system. Theenvironmental management system of any business shall include provisions forcommitment of the management of the business to the environmental managementsystem, to pollution prevention, and to the principle of sustainability. Anenvironmental management system shall lead to an exemplary record of compliancewith environmental laws which shall include, but shall not be limited to: (i)evidence that the business has not been found in violation of any environmentallaw, other than a secondary violation as defined in this statute, within thepreceding three (3) years; and (ii) has complied with the provisions ofapplicable general statutes, and any orders of the director under thosestatutes, 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 andprocedures for employees and agents that explain how to comply withenvironmental laws;
(B) The system must identify those persons or positionswithin the business that are: (I) responsible for monitoring/overseeingcompliance, (II) authorized to act, to stop violations, achieve compliance, andmitigate violations, and (III) responsible to report violations to the businessand/or regulators;
(C) The system must lay out a procedure for employees toreport violations to the business and/or regulators;
(D) The system must explain how employees are educated aboutthe system and the policies/procedures in it;
(E) The system must layout a procedure for modifying thesystem itself to prevent reoccurrence of violations.
(9) "Gravity-based penalties" means that portion of anadministrative penalty over and above a regulated entity's direct economic gainfrom noncompliance with any environmental laws, and costs or expenses incurredby the state relating to a regulated entity's violation of any environmentallaw.
(10) "Person" means any agency or politicalsubdivision of the state, any state public or private corporation or authority,individual, trust, firm, joint stock company, partnership, association, orother entity or any group of them or any officer, employee, or agent of them.
(11) "Regulated entity" means any person including afederal, state or municipal agency or facility, regulated under federal orstate environmental laws.
(12) "Secondary violation" means a violation thatposes no actual threat or a low potential for threat to human health and theenvironment.
(13) "Violation" means infraction of or noncompliancewith any environmental law enforced or administered by the department.
(i) The system must implement specific policies andprocedures for employees and agents that explain how to comply withenvironmental laws;
(ii) The system must identify those persons or positionswithin the business that are: (A) responsible for monitoring/overseeingcompliance, (B) authorized to act to stop violations, achieve compliance, andmitigate violations, and (C) responsible to report violations to regulators;
(iii) The system must lay out a procedure for employees toreport violations to the business and/or regulators;
(iv) The system must explain how employees are educated aboutthe system and the policies/procedures in it;
(v) The system must layout a procedure for modifying thesystem itself to prevent reoccurrence of violations.
§ 42-17.8-2 Definitions. – As used in this chapter:
(1) "Administrative penalty" means a monetary penaltythat does not exceed the civil penalty specified by statute.
(2) "Department" means the department of environmentalmanagement.
(3) "Director" means the director of the department ofenvironmental management or his or her duly authorized agent.
(4) "Due diligence" means a regulated entity'sregular, customary and systematic efforts to prevent, detect and correctviolations by consistently employing practices in its operation that ensuresprotection of the natural environment through the use of an environmentalmanagement system.
(5) "Environmental audit" means a systematic,documented, and objective review of a regulated entity's facility operationsand occupational practices which affect the regulated entity's compliance withenvironmental laws.
(6) "Environmental audit report" means the analysis,conclusions, and recommendations made based upon information or data obtainedin or testimonial evidence concerning the environmental audit.
(7) "Environmental law" means all federal, state ormunicipal statutes, rules, regulations, permits, licenses or other legalrequirements that are administered or enforced by the department, and shallalso include any judicial or administrative order or consent agreement.
(8) "Environmental management system" means a systemicand objective mechanism for assuring the compliance policies, standards andprocedures are being carried out, including monitoring and auditing systemsreasonably designed to detect and correct violations and periodic evaluation ofthe overall performance of the environmental management system. Theenvironmental management system of any business shall include provisions forcommitment of the management of the business to the environmental managementsystem, to pollution prevention, and to the principle of sustainability. Anenvironmental management system shall lead to an exemplary record of compliancewith environmental laws which shall include, but shall not be limited to: (i)evidence that the business has not been found in violation of any environmentallaw, other than a secondary violation as defined in this statute, within thepreceding three (3) years; and (ii) has complied with the provisions ofapplicable general statutes, and any orders of the director under thosestatutes, 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 andprocedures for employees and agents that explain how to comply withenvironmental laws;
(B) The system must identify those persons or positionswithin the business that are: (I) responsible for monitoring/overseeingcompliance, (II) authorized to act, to stop violations, achieve compliance, andmitigate violations, and (III) responsible to report violations to the businessand/or regulators;
(C) The system must lay out a procedure for employees toreport violations to the business and/or regulators;
(D) The system must explain how employees are educated aboutthe system and the policies/procedures in it;
(E) The system must layout a procedure for modifying thesystem itself to prevent reoccurrence of violations.
(9) "Gravity-based penalties" means that portion of anadministrative penalty over and above a regulated entity's direct economic gainfrom noncompliance with any environmental laws, and costs or expenses incurredby the state relating to a regulated entity's violation of any environmentallaw.
(10) "Person" means any agency or politicalsubdivision of the state, any state public or private corporation or authority,individual, trust, firm, joint stock company, partnership, association, orother entity or any group of them or any officer, employee, or agent of them.
(11) "Regulated entity" means any person including afederal, state or municipal agency or facility, regulated under federal orstate environmental laws.
(12) "Secondary violation" means a violation thatposes no actual threat or a low potential for threat to human health and theenvironment.
(13) "Violation" means infraction of or noncompliancewith any environmental law enforced or administered by the department.
(i) The system must implement specific policies andprocedures for employees and agents that explain how to comply withenvironmental laws;
(ii) The system must identify those persons or positionswithin the business that are: (A) responsible for monitoring/overseeingcompliance, (B) authorized to act to stop violations, achieve compliance, andmitigate violations, and (C) responsible to report violations to regulators;
(iii) The system must lay out a procedure for employees toreport violations to the business and/or regulators;
(iv) The system must explain how employees are educated aboutthe system and the policies/procedures in it;
(v) The system must layout a procedure for modifying thesystem itself to prevent reoccurrence of violations.
