Substitute Senate Bill No. 1226
         Substitute Senate Bill No. 1226

              PUBLIC ACT NO. 97-241


AN ACT CONCERNING  THE  EMERGENCY  SPILL  RESPONSE
PROGRAM AND THE UNDERGROUND PETROLEUM STORAGE TANK
CLEANUP ACCOUNT.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. Subsection  (a)  of section 22a-451
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (a)  Any person,  firm  or  corporation  which
directly  or  indirectly   causes   pollution  and
contamination of any  land  or waters of the state
or  causes an  emergency  through  the  discharge,
spillage, uncontrolled loss, seepage or filtration
of oil or  petroleum or chemical liquids or solid,
liquid or gaseous  products or hazardous wastes or
which owns any  hazardous  wastes  deemed  by  the
commissioner to be  a  potential  threat  to human
health  or the  environment  and  removed  by  the
commissioner shall be  liable  for  all  costs and
expenses  incurred in  investigating,  containing,
removing, monitoring or  mitigating such pollution
and contamination, emergency  or  hazardous waste,
and legal expenses  and  court  costs  incurred in
such  recovery, provided,  if  such  pollution  or
contamination or emergency was negligently caused,
such  person, firm  or  corporation  may,  at  the
discretion of the  court,  be  liable  for damages
equal to one  and  one-half  times  the  cost  and
expenses incurred and  provided  further  if  such
pollution  or  contamination   or   emergency  was
wilfully caused, such  person, firm or corporation
may, at the discretion of the court, be liable for
damages equal to  two  times the cost and expenses
incurred. The costs and expenses of investigating,
containing,  removing,  monitoring  or  mitigating
such   pollution,  contamination,   emergency   or
hazardous waste shall  include, but not be limited
to,  the  administrative   cost   of  such  action
calculated at ten per cent of the actual cost plus
the interest on  the  actual cost at a rate of ten
per cent per  year  THIRTY DAYS from the date such
costs and expenses  were  [paid]  SOUGHT  FROM THE
PARTY    RESPONSIBLE    FOR     SUCH    POLLUTION,
CONTAMINATION   OR   EMERGENCY.   The   costs   of
recovering  any legal  expenses  and  court  costs
shall be calculated at five per cent of the actual
costs, plus interest at a rate of ten per cent per
year THIRTY DAYS  from  the  date  such costs were
[paid] SOUGHT FROM  THE PARTY RESPONSIBLE FOR SUCH
POLLUTION,   CONTAMINATION  OR   EMERGENCY.   Upon
request of the  commissioner, the Attorney General
shall bring a  civil  action  to  recover all such
costs and expenses.
    Sec. 2. Section 3-7 of the general statutes is
repealed and the  following is substituted in lieu
thereof:
    (a) Any uncollectible  claim  for an amount of
two hundred dollars  or less may be cancelled upon
the books of  any  state department or agency upon
the authorization of  the  head of such department
or  agency,  provided  any  uncollectible  patient
claim due to  The University of Connecticut Health
Center for an  amount  of  four hundred dollars or
less may be  cancelled  upon  the  books  of  said
health center upon  the authorization of the Board
of  Trustees of  The  University  of  Connecticut,
PROVIDED ANY UNCOLLECTIBLE COSTS IN AN AMOUNT LESS
THAN  FIVE  THOUSAND   DOLLARS   INCURRED  BY  THE
COMMISSIONER OF ENVIRONMENTAL  PROTECTION PURSUANT
TO SECTION 22a-451,  AS  AMENDED  BY  SECTION 1 OF
THIS ACT, FOR INVESTIGATING, CONTAINING, REMOVING,
MONITORING    OR    MITIGATING    POLLUTION    AND
CONTAMINATION, EMERGENCY OR HAZARDOUS WASTE MAY BE
CANCELLED BY THE  COMMISSIONER, in accordance with
procedures approved by the Comptroller.
    (b) The Governor,  upon  the recommendation of
the   Attorney   General,    may   authorize   the
cancellation  upon  the   books   of   any   state
department or agency  of  any  uncollectible claim
for an amount greater than two hundred dollars due
to such department  or  agency  or, in the case of
any  uncollectible  patient   claim   due  to  The
University of Connecticut  Health  Center, greater
than four hundred dollars.
    (c) Upon the  recommendation  of  the Attorney
General, the Governor may authorize the compromise
of any disputed  claim  by or against the state or
any  department  or   agency  thereof,  and  shall
certify to the  proper  officer  or  department or
agency of the  state  the amount to be received or
paid under such compromise. Such certificate shall
constitute sufficient authority to such officer or
department or agency  to pay or receive the amount
therein  specified  in  full  settlement  of  such
claim.  The  record  of  any  compromise  effected
pursuant to the  provisions  of this section shall
be open to  public  inspection  in accordance with
section 1-19.
    Sec. 3. Subsection  (b) of section 22a-449c of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b)  The  account   shall   be   used  by  the
Commissioner   of  Environmental   Protection   to
provide  money for  reimbursement  or  payment  to
responsible parties or  parties supplying goods or
services,  or both,  to  responsible  parties  for
costs,  expenses and  other  obligations  paid  or
incurred, as the  case  may  be,  as  a  result of
releases,  and  suspected   releases,   costs   of
investigation of releases  and suspected releases,
and third party claims for bodily injury, property
damage   and   damage    to   natural   resources.
Notwithstanding the provisions  of  this  section,
the responsible party for a release shall bear all
costs  of the  release  that  are  less  than  ten
thousand dollars or more than one million dollars,
except  that  for   any  such  release  which  was
reported to the  department  prior to December 31,
1987,  and  for   which  more  than  five  hundred
thousand  dollars  has   been   expended   by  the
responsible party to  remediate such release prior
to June 19,  1991,  the  responsible party for the
release shall bear all costs of such release which
are less than  ten  thousand  dollars or more than
[two]  THREE  million   dollars.  There  shall  be
allocated   to  the   department   annually,   for
administrative  costs,  [eight]  ONE  MILLION  ONE
hundred fifty thousand dollars.
    Sec. 4. Subsection  (d)  of section 22a-451 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d) There is  established  an  account  to  be
known as the emergency spill response account, for
the  purpose of  providing  money  for  (1)  costs
associated  with  the  implementation  of  section
22a-449 and chapter  441;  (2) the containment and
removal or mitigation  of the discharge, spillage,
uncontrolled loss, seepage or filtration of oil or
petroleum or chemical  liquids or solid, liquid or
gaseous products or hazardous wastes including the
state share of  payments  of the costs of remedial
action  pursuant  to   the  federal  Comprehensive
Environmental    Response,    Compensation,    and
Liability Act of  1980  (42  USC 9601 et seq.), as
amended; (3) provision  of  potable drinking water
pursuant to section 22a-471; (4) completion of the
inventory  required by  section  22a-8a;  (5)  the
removal of hazardous  wastes that the commissioner
deems to be  a potential threat to human health or
the environment; (6)  the  accomplishment  of  the
purposes  of  sections   22a-134aa  to  22a-134hh,
inclusive, except that the amount expended for the
purpose of this subdivision shall not exceed three
hundred forty thousand  dollars  per year; (7) (A)
the provision of short-term potable drinking water
pursuant to subdivision  (1)  of subsection (a) of
section  22a-471  and   the   preparation   of  an
engineering report pursuant  to subdivision (2) of
subsection (a) of  said  section when pollution of
the groundwaters by pesticides has occurred or can
reasonably be expected  to  occur;  (B)  the study
required by Special  Act  86-44*  and (C) as funds
allow, education of  the  public on the proper use
and disposal of  pesticides  and the prevention of
pesticide   contamination   in    drinking   water
supplies; (8) loans  and  lines  of credit made in
accordance with the  provisions of section 32-23z;
(9) the accomplishment of the purposes of sections
22a-133b  to  22a-133g,  inclusive,  and  sections
22a-134   to   22a-134d,    inclusive,   including
staffing, and section  22a-133k;  (10) development
and  implementation  by   the  commissioner  of  a
state-wide aquifer protection  program pursuant to
the   provisions  of   sections   19a-37,   22-6c,
22a-354c,   22a-354e,   22a-354g   to   22a-354bb,
inclusive, 25-32d, 25-33h,  25-33n  and subsection
(a) of section  25-84,  including, but not limited
to, development of state regulations for land uses
in aquifer protection  areas, technical assistance
and educational programs;  (11)  research on toxic
substance contamination, including research by the
Environmental Research Institute and the Institute
of   Water  Resources   at   The   University   of
Connecticut and by  the  Connecticut  Agricultural
Experiment  Station;  (12)   the   costs   of  the
commissioner in performing  or  approving  level A
mapping of aquifer  protection  areas  pursuant to
this title; and  (13)  inventory and evaluation of
the farm resource management requirements of farms
in aquifer areas  by  the  eight  county  soil and
water conservation districts.  The emergency spill
response  account  shall  be  an  account  of  the
General  Fund.  On   July  1,  1995,  any  balance
remaining in said  account shall be transferred to
the resources of  the  General  Fund,  EXCEPT THAT
BEGINNING JULY 1,  1996,  ANY  AMOUNT APPROPRIATED
FOR EMERGENCY SPILL  RESPONSE  UP  TO  ONE MILLION
DOLLARS SHALL NOT  LAPSE  ON JUNE THIRTIETH OF THE
ENDING  FISCAL YEAR,  BUT  SHALL  CONTINUE  TO  BE
AVAILABLE FOR EXPENDITURE  FOR SUCH PURPOSE IN THE
NEXT SUCCEEDING FISCAL YEAR.
    Sec. 5. This  act  shall  take effect from its
passage.

Approved June 24, 1997