Conn. Agencies Regs. § 22a-6b-3

Current through December 4, 2024

Section 22a-6b-3 - [Effective 10/1/2025] Definitions

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) "Careless disregard" means a situation in which a person acts with reckless indifference to at least one of three things:

(1) the existence of a requirement,

(2) the meaning of a requirement, or

(3) the applicability of a requirement. "Careless disregard" occurs when a person is unsure of the existence of a requirement, the meaning of a requirement or the applicability of a requirement to a situation, but the person engages in conduct that the person knows may cause a violation, without first ascertaining whether a violation would occur;

(5) "Category 1 quantity of radioactive material" has the same meaning as provided in 10 CFR 37.5;

(6) "Category 2 quantity of radioactive material" has the same meaning as provided in 10 CFR 37.5;

(7) "Coastal resources" means "coastal resources" as defined in section 22a-93 of the Connecticut General Statutes;

(8) "Commissioner" means "commissioner" as defined in subsection (b) of section 22a-2 of the Connecticut General Statutes;

(9) "Connecticut natural diversity data base" means the data base defined in section 23-73 of the Connecticut General Statutes;

(10) "Consumptive use" means any withdrawal from or removal of the waters of the state;

(11) "Department" means the Connecticut Department of Energy and Environmental Protection;

(12) "Diversion" means diversion as defined in section 22a-367 of the Connecticut General Statutes;

(13) "FEMA" means the Federal Emergency Management Agency;

(14) "Flood fringe" means any portion of the 100-year floodplain that is not located within the floodway;

(15) "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;

(16) "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;

(17) "Hearing officer" means "hearing officer" as defined in section 4-166 of the Connecticut General Statutes;

(18) "Impacts the commissioner's ability to perform a regulatory function" means a situation in which the commissioner is prevented from using appropriate regulatory tools to address noncompliance because the commissioner is unaware that the noncompliance exists;

(19) "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;

(20) "Inland wetlands" means "wetlands" as defined in section 22a-38 of the Connecticut General Statutes;

(21) "Legal requirement" means any provision of a statute, regulation, license, order or approval issued, entered, adopted or administered by the commissioner;

(22) "License" means "license" as defined in section 4-166 of the Connecticut General Statutes;

(23) "Medical event" has the same meaning as provided in 10 CFR 35.2;

(24) "Order" means "order" as defined in section 22a-3a-2 of the Regulations of Connecticut State Agencies, and includes a penalty notice;

(25) "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;

(26) "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;

(27) "Person" has the same meaning as provided in section 22a-2 of the Connecticut General Statutes, except that for purposes of determining civil penalties related to violations of chapter 446a, "person" has the same meaning as provided in section 22a-151 of the Connecticut General Statutes;

(28) "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;

(29) "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;

(30) "Respondent" means a person to whom or which an order is issued;

(31) "serious physical injury" has the same meaning as provided in section 53a-3 of the Connecticut General Statutes;

(32) "Staff" means "staff" as defined in section 22a-3a-2(a) of the Regulations of Connecticut State Agencies;

(33) "substantial potential" means a situation in which an event did not occur but no barriers, whether procedural, administrative or physical system, including interlocks, were in place, any of which would have prevented an event from occurring;

(34) "Tidal wetlands" mean "wetland" as defined in section 22a-29 of the Connecticut General Statutes;

(35) "Violation" means a failure to comply with a legal requirement;

(36) "Waters" means "waters" as defined in section 22a-423 of the Connecticut General Statutes;

(37) "Water Quality Standards" means the standards of water quality adopted or amended by the commissioner under section 22a-426 of the Connecticut General Statutes;

(38) "Watercourses" means "watercourses" as defined in section 22a-38 of the Connecticut General Statutes; and

(39) "Wetlands" means "inland wetlands" and "tidal wetlands".

Conn. Agencies Regs. § 22a-6b-3

Adopted effective May 29, 2007; amended 10/1/2025