SB 285 — AN ACT CONCERNING THE SUSPENSION OF CERTAIN CIVIL PENALTIES ASSESSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON BUSINESS ENTITIES PURSUANT TO THE REGULATIONS OF CONNECTICUT STATE AGENCIES.

AN ACT PROVIDINGCONCERNING FOR THE OFFSETSUSPENSION OF CERTAIN ENVIRONMENTALCIVIL COSTSPENALTIES ANDASSESSED FINESBY THROUGHTHE INVESTMENTDEPARTMENT INOF ENERGY AND ENVIRONMENTAL REMEDIATION.PROTECTION ON BUSINESS ENTITIES PURSUANT TO THE REGULATIONS OF CONNECTICUT STATE AGENCIES.

General Assembly   CommitteeSubstitute Bill No.

285 January Session, 2017   LCO*_____SB00285ENV___032117____* No.AN ACT CONCERNING THE SUSPENSION OF CERTAIN CIVIL PENALTIES ASSESSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON BUSINESS ENTITIES PURSUANT TO THE REGULATIONS OF CONNECTICUT STATE AGENCIES.

4001   *04001SB00285ENV* Referred to Committee on ENVIRONMENT   Introduced by:

  (ENV)   AN ACT PROVIDING FOR THE OFFSET OF CERTAIN ENVIRONMENTAL COSTS AND FINES THROUGH INVESTMENT IN ENVIRONMENTAL REMEDIATION.

Subsection(NEW) (a)(Effective ofOctober section1, 22a-6a2017, ofand theapplicable generalto statutespenalties isimposed repealedon and after said date) (a) For the followingpurposes isof substitutedthis insection, lieu"business thereofentity" (Effectivemeans Octoberany 1,corporation, 2017):association, partnership, limited liability company or any other similar form of business organization.

(a)(b) Any(1) personNotwithstanding whosections knowingly22a-6a orand negligently22a-6b violates any provision of sectionthe 14-100bgeneral orstatutes, 14-164c,the subdivisionCommissioner (3) of subsectionEnergy (b)and ofEnvironmental sectionProtection 15-121,shall sectionsuspend 15-171,any 15-172,civil 15-175,penalty 22a-5,assessed 22a-6against orany 22a-7,business chapterentity 440,for chaptera 441,first sectionviolation 22a-69of orany 22a-74,provision subsection (b) of sectionthe 22a-134p,regulations sectionof 22a-162,Connecticut 22a-171,state 22a-174,agencies 22a-175,adopted 22a-177,by 22a-178,the 22a-181,commissioner 22a-183,if, 22a-184,not 22a-190,later 22a-208,than 22a-208a,thirty 22a-209,days 22a-213,after 22a-220,the 22a-225,assessment 22a-231,of 22a-336,such 22a-342,penalty, 22a-345,such 22a-346,business 22a-347,entity 22a-349a,(A) 22a-358,takes 22a-359,measures 22a-361,that 22a-362,ensure 22a-365a tocomplete 22a-379,remedy inclusive,of 22a-401the tocondition 22a-411,that inclusive,resulted 22a-416,in 22a-417,such 22a-424violation towithin 22a-433,a inclusive,reasonable 22a-447,period 22a-449,of 22a-450,time, 22a-451,not 22a-454,to 22a-458,exceed 22a-461,six 22a-462months orafter 22a-471, or any regulation, order or permit adopted or issued thereunder by the Commissionerassessment of Energysuch penalty, and Environmental(B) Protectionsubmits shalla bewritten liablerequest to the statecommissioner fordescribing thesuch reasonablemeasures costs and expensesrequesting ofa thesuspension stateof in detecting, investigating, controlling and abating such violation.penalty.

SuchIf personsuch shall also be liable to the state for the reasonable costs and expenses of the state in restoring the air, waters, lands and other natural resources of the state, including plant, wild animal and aquatic life to their former condition insofar as practicable and reasonable, or, if restoration is not practicableremedied orwithin reasonable, for any damage, temporary or permanent, caused by such violationsix-month toperiod, the air,commissioner waters,shall landsassess or other natural resources of the state,civil includingpenalty plant,that wildwas animalsuspended andpursuant aquatic life and to thethis publicsection. trust therein.

Institution(2) The provisions of athis suitsection shall not apply to recover(A) forany suchwilful damage,or costsgrossly andnegligent expensesviolation, shall(B) notany precludeviolation that results in harm to human health or the applicationenvironment, or (C) any penalty required under any provision of federal law or regulation, including any otherpenalty remedies.required as a condition for receiving federal funding.

In(c) lieuAny ofbusiness paymententity ofaggrieved costsby and expenses to the statedenial pursuantof to this subsection, the commissioner mayto seeksuspend froma anycivil suchpenalty personpursuant investmentto inthis remediatingsection equipment,may materials,appeal machinery,such technology,denial facilitiesto andthe processesSuperior thatCourt assure,in asaccordance determinedwith by the commissioner,provisions thatof anysection such4-183 knowingof orthe negligentgeneral violationstatutes. by such person will not recur.

Sec.

2.

Section 22a-6b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to establish a schedule setting forth the amounts, or the ranges of amounts, or a method for calculating the amount of the civil penalties which may become due under this section.

Such schedule or method may be amended from time to time in the same manner as for adoption provided any such regulations which become effective after July 1, 1993, shall only apply to violations which occur after said date.

The civil penalties established for each violation shall be of such amount as to insure immediate and continued compliance with applicable laws, regulations, orders and permits.

Such civil penalties shall not exceed the following amounts:

(1) For failure to file any registration, other than a registration for a general permit, for failure to file any plan, report or record, or any application for a permit, for failure to obtain any certification, for failure to display any registration, permit or order, or file any other information required pursuant to any provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, subsection (b) of section 22a-134p, section 22a-171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-231, 22a-245a, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted or issued thereunder by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than one thousand dollars for said violation and in addition no more than one hundred dollars for each day during which such violation continues;

(2) For deposit, placement, removal, disposal, discharge or emission of any material or substance or electromagnetic radiation or the causing of, engaging in or maintaining of any condition or activity in violation of any provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, section 22a-162, 22a-171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted thereunder by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than twenty-five thousand dollars for said violation for each day during which such violation continues;

(3) For violation of the terms of any final order of the commissioner, except final orders under subsection (d) of this section and emergency orders and cease and desist orders as set forth in subdivision (4) of this subsection, for violation of the terms of any permit issued by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than twenty-five thousand dollars for said violation for each day during which such violation continues;

(4) For violation of any emergency order or cease and desist order of the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than twenty-five thousand dollars for said violation for each day during which such violation continues;

(5) For failure to make an immediate report required pursuant to subdivision (3) of subsection (a) of section 22a-135, or a report required by the department pursuant to subsection (b) of section 22a-135, no more than twenty-five thousand dollars per violation per day;

(6) For violation of any provision of the state's hazardous waste program, no more than twenty-five thousand dollars per violation per day;

(7) For wilful violation of any condition imposed pursuant to section 26-313 which leads to the destruction of, or harm to, any rare, threatened or endangered species, no more than ten thousand dollars per violation per day;

(8) For violation of any provision of sections 22a-608 to 22a-611, inclusive, no more than the amount established by Section 325 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 USC 11001 et seq.) for a violation of Section 302, 304 or 311 to 313, inclusive, of said act.

(b) In adopting regulations regarding any schedule or methods prescribed by this section, the commissioner shall consider:

(1) The amount or ranges of amounts of assessment necessary to insure immediate and continued compliance;

(2) The character and degree of impact of the violation on the natural resources of the state, especially any rare or unique natural phenomena;

(3) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation;

(4) Any prior violations by such person of statutes, regulations, orders or permits administered, adopted or issued by the commissioner;

(5) The economic and financial conditions of such person;

(6) The economic benefit which such person derived as a result of the violation;

(7) The character and degree of injury to, or interference with, public health, safety or welfare which is caused or threatened to be caused by such violation;

(8) The character and degree of injury or impairment to, or interference with, reasonable use of property which is caused or threatened to be caused by such violation;

(9) The character and degree of injury or impairment to, or interference with, the public trust in the air, water, land and other natural resources of the state;

(10) To the extent consistent with applicable law, any other factors the commissioner deems appropriate, including voluntary measures taken by such person to prevent pollution or enhance or preserve natural resources;

(11) In the case of violation of the provisions of subdivision (3) of subsection (a) of section 22a-135, the apparent seriousness of the release, occurrence, incident or other circumstance at the time it first became known to the licensee or any employee of such licensee, the extent of the delay from the time such licensee or employee had or in the exercise of reasonable care should have had knowledge of such release, occurrence, incident or circumstance until its reporting by the licensee in accordance with this subsection, subsection (a) of this section and section 22a-135, and the conduct of the licensee in taking all necessary steps to prevent future violations of the provisions of said subdivision.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, in lieu of any civil penalty that may become due from any person under the provisions of this section for any such violation, the commissioner may seek from such person investment in remediating equipment, materials, machinery, technology, facilities and processes that assure, as determined by the commissioner, that any such violation by such person will not recur.

[(c)] (d) If the commissioner has reason to believe that a violation has occurred for which a civil penalty is authorized by this section, he may send to the violator, by certified mail, return receipt requested, or personal service, a notice which shall include:

(1) A reference to the sections of the statute, regulation, order or permit involved;