§ 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 his or her 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 which 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 layout 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.

(i) The system must implement specific policies and procedures for employees and agents that explain how to comply with environmental laws;

(ii) The system must identify those persons or positions within the business that are: (A) responsible for monitoring/overseeing compliance, (B) authorized to act to stop violations, achieve compliance, and mitigate violations, and (C) responsible to report violations to regulators;

(iii) The system must lay out a procedure for employees to report violations to the business and/or regulators;

(iv) The system must explain how employees are educated about the system and the policies/procedures in it;

(v) The system must layout a procedure for modifying the system itself to prevent reoccurrence of violations.

History of Section. (P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.)