Section 250-RICR-130-00-1.6 - DefinitionsA. 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.250 R.I. Code R. 250-RICR-130-00-1.6
Amended effective 3/19/2021