Terms Used In Rhode Island General Laws > Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act

• Administrative penalty: means a monetary penalty that does not exceed the civil penalty specified by statute. See Rhode Island General Laws 42-17.8-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the department of environmental management. See Rhode Island General Laws 42-17.8-2
• Director: means the director of the department of environmental management or his or her duly authorized agent. See Rhode Island General Laws 42-17.8-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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. See Rhode Island General Laws 42-17.8-2
• 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. See Rhode Island General Laws 42-17.8-2
• 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. See Rhode Island General Laws 42-17.8-2
• 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. See Rhode Island General Laws 42-17.8-2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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. See Rhode Island General Laws 42-17.8-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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. See Rhode Island General Laws 42-17.8-2
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Regulated entity: means any person including a federal, state or municipal agency or facility, regulated under federal or state environmental laws. See Rhode Island General Laws 42-17.8-2
• Secondary violation: means a violation that poses no actual threat or a low potential for threat to human health and the environment. See Rhode Island General Laws 42-17.8-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• Violation: means infraction of or noncompliance with any environmental law enforced or administered by the department. See Rhode Island General Laws 42-17.8-2