Regulations of Connecticut State Agencies (Last Updated: June 14,2023) |
Title22a Environmental Protection |
SubTitle22a-6b-1_22a-6b-701. Assessment of Civil Penalties |
Sec.22a-6b-3. Definitions
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As used in the department's Administrative Civil Penalty Regulations,
(1) "100-Year Floodplain" means that area that is identified as the 100-year flood limit or the 100-year flood boundary or the special flood hazard areas inundated by the 100-year flood on a map developed by FEMA and adopted by the municipality wherein the area is located;
(2) "Administrative civil penalty" means a penalty calculated in accordance with the department's Administrative Civil Penalty Regulations;
(3) "Approval" means an approval issued by the commissioner of any document or action required or allowed by a permit or order issued by him, or of any document or action required by regulation or statute;
(4) "Coastal resources" means "coastal resources" as defined in section 22a-93 of the Connecticut General Statutes;
(5) "Commissioner" means "commissioner" as defined in subsection (b) of section 22a-2 of the Connecticut General Statutes;
(6) "Connecticut natural diversity data base" means the data base defined in section 23-73 of the Connecticut General Statutes;
(7) "Consumptive use" means any withdrawal from or removal of the waters of the state;
(8) "Department" means the Connecticut Department of Environmental Protection;
(9) "Diversion" means diversion as defined in section 22a-367 of the Connecticut General Statutes;
(10) "FEMA" means the Federal Emergency Management Agency;
(11) "Flood fringe" means any portion of the 100-year floodplain that is not located within the floodway;
(12) "Floodway" means that area that is identified as the floodway on a map developed by FEMA and adopted by the municipality wherein the area is located;
(13) "General permit" means a general permit issued by the commissioner under section 22a-45a, 22a-208a, 22a-349a, 22a-361, 22a-378a or 22a-411 of the Connecticut General Statutes;
(14) "Hearing officer" means "hearing officer" as defined in section 4-166 of the Connecticut General Statutes;
(15) "Inland water resources" means those wetlands and water resources that are regulated under sections 22a-36 through 22a-45a, sections 22a-342 through 22a-349a, sections 22a-365 through 22a-379, and sections 22a-401 through 22a-411 of the Connecticut General Statutes;
(16) "Inland wetlands" means "wetlands" as defined in section 22a-38 of the Connecticut General Statutes;
(17) "Legal requirement" means any provision of a statute, regulation, license, order or approval issued, entered, adopted or administered by the commissioner;
(18) "License" means "license" as defined in section 4-166 of the Connecticut General Statutes;
(19) "Order" means "order" as defined in section 22a-3a-2 of the Regulations of Connecticut State Agencies, and includes a penalty notice;
(20) "Penalty notice" means a notice issued by the commissioner pursuant to subsection (c) of section 22a-6b of the Connecticut General Statutes, and includes an amended penalty notice;
(21) "Permit" means a permit issued by the commissioner under Chapter 439, 440, 441, 446i, or 446j of the Connecticut General Statutes and includes a certificate of permission, a certificate of approval pursuant to section 22a-405 of the Connecticut General Statutes, a temporary authorization or emergency authorization pursuant to section 22a-6k of the Connecticut General Statutes, and a general permit;
(22) "Person" means "person" as defined in section 22a-2 of the Connecticut General Statutes;
(23) "Rare, threatened or endangered species" means any species determined by the commissioner in regulations adopted under section 26-306 of the Connecticut General Statutes to be endangered, threatened, or species of special concern;
(24) "Referee" means an individual appointed by the Director of the Office of Adjudications to conduct a settlement conference in a department proceeding. Such individual may be an employee of the department;
(25) "Respondent" means a person to whom or which an order is issued;
(26) "Staff" means "staff" as defined in section 22a-3a-2(a) of the Regulations of Connecticut State Agencies;
(27) "Tidal wetlands" mean "wetland" as defined in section 22a-29 of the Connecticut General Statutes;
(28) "Violation" means a failure to comply with a legal requirement;
(29) "Waters" means "waters" as defined in section 22a-423 of the Connecticut General Statutes;
(30) "Water Quality Standards" means the standards of water quality adopted or amended by the commissioner under section 22a-426 of the Connecticut General Statutes;
(31) "Watercourses" means "watercourses" as defined in section 22a-38 of the Connecticut General Statutes; and
(32) "Wetlands" means "inland wetlands" and "tidal wetlands".
(Adopted effective May 29, 2007)