Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Assessment of Administrative Penalties (250-RICR-130-00-1) › Section 250-RICR-130-00-1.6 - Definitions

Current through June 14, 2024
A. Whenever used in these Regulations, the
				  following terms shall have the following meanings:
1. "Administrative penalty" or "penalty"
				  means a monetary sum assessed by the Director pursuant to these Regulations in
				  response to a violation of, or a failure to comply with, any law administered
				  by the Director or any Rule, Regulation, license, permit or order adopted
				  pursuant to the Director's authority.
2. "Department" or "DEM" means the Rhode
				  Island Department of Environmental Management.
3. "Director" means the Director of the
				  Department of Environmental Management or his/her subordinates to whom the
				  Director has delegated the powers and duties vested in the Director by these
				  Regulations. The terms Department and Director may be used interchangeably
				  unless clearly indicated otherwise by the context of the sentence in which it
				  appears.
4. "License" means the
				  express grant of permission or authority by the Director to carry on an
				  activity or to perform an act which, without such permission or authority,
				  would otherwise be a violation of State law or of a Rule or Regulation adopted
				  thereunder.
5. "Noncompliance" or
				  "nonconformance" or "failure to comply" or "violation" means any act or failure
				  to act which constitutes or results in or from:
a. Engaging in any activity prohibited by, or
				  not in compliance with, any law administered by the Director or any Rule,
				  Regulation, permit, license or order adopted pursuant to the Director's
				  authority;
b. Engaging in any
				  business or other activity without a necessary permit, license, or approval
				  that is required by law or Regulation;
c. The failure to perform, or the failure to
				  perform in a timely fashion, anything required by a law administered by the
				  Director or by a Rule, Regulation, permit, license, or order adopted pursuant
				  to the Director's authority.
6. "Order" means the whole or a part of a
				  final disposition by the Department, whether affirmative, negative, injunctive
				  or declaratory in form, other than rulemaking but including notices of
				  violation, compliance orders, permits, licenses and approvals issued pursuant
				  to the Director's authority.
7.
				  "Permit" means an authorization, license or equivalent control document issued
				  by the Department to implement the requirements of any Federally-delegated
				  program or State law administered or enforced by the Director.
8. "Person" means an individual, trust, firm,
				  joint stock company, corporation (including a quasigovernmental corporation),
				  partnership, association, syndicate, municipality, municipal or State agency,
				  fire district, club, nonprofit agency or any subdivision, commission,
				  department, bureau, agency, department or political subdivision of State or
				  Federal Government (including quasigovernmental corporation) or of any
				  interstate body and any agent or employee thereof.
9. "Requirement" means any law administered
				  by the Director, or any Rule, Regulation, permit, license or order adopted
				  pursuant to the Director's authority.