Substitute Senate Bill No. 435
Substitute Senate Bill No. 435
PUBLIC ACT NO. 98-140
AN ACT CONCERNING NOTICE OF CONTAMINATION EVENTS,
ENVIRONMENTAL PERMIT APPLICATIONS AND ENFORCEMENT
ACTIONS, RECOVERY OF STATE COSTS OF REMEDIATION
AND THE STATUTE OF LIMITATIONS FOR ACTIONS
RELATING TO ENVIRONMENTAL CONTAMINATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (a) of section 22a-449
of the general statutes is repealed and the
following is substituted in lieu thereof:
(a) The Commissioner of Environmental
Protection shall, to the extent possible,
immediately, whenever there is discharge,
spillage, uncontrolled loss, seepage or filtration
of oil or petroleum or chemical liquids or solid,
liquid or gaseous products or hazardous wastes
upon any land or into any of the waters of the
state or into any offshore or coastal waters,
which may result in pollution of the waters of the
state, damage to beaches, wetlands, stream banks
or coastal areas, or damage to sewers or utility
conduits or other public or private property or
which may create an emergency, cause such
discharge, spillage, uncontrolled loss, seepage or
filtration to be contained and removed or
otherwise mitigated by whatever method said
commissioner considers best and most expedient
under the circumstances. The commissioner shall
also (1) determine the person, firm or corporation
responsible for causing such discharge, spillage,
uncontrolled loss, seepage or filtration and (2)
[notify, in writing,] SEND NOTICE, IN WRITING, TO
the chief executive officer and the local director
of health of the municipality in which such
discharge, spillage, uncontrolled loss, seepage or
filtration occurs of such occurrence. Such
notification shall be [provided in a timely
manner] SENT NOT LATER THAN TWENTY-FOUR HOURS
AFTER THE COMMISSIONER BECOMES AWARE OF THE
CONTAMINATION.
Sec. 2. Section 22a-6g of the general
statutes is repealed and the following is
substituted in lieu thereof:
Notwithstanding any other provision of this
title or regulations adopted hereunder, any person
who submits an application to the Commissioner of
Environmental Protection for any permit or other
license pursuant to section 22a-32, 22a-39,
22a-174, 22a-208a, 22a-342, 22a-361, 22a-368,
22a-403 or 22a-430, subsection (b) or (c) of
section 22a-449, section 22a-454 or Section 401 of
the federal Water Pollution Control Act (33 USC
466 et seq.), except an application for
authorization under a general permit shall: (1)
Include with such application a signed statement
certifying that the applicant will publish notice
of such application on a form supplied by the
commissioner in accordance with this section; (2)
publish notice of such application in a newspaper
of general circulation in the affected area; [and]
(3) send the commissioner a certified copy of such
notice as it appeared in the newspaper; AND (4)
NOTIFY THE CHIEF ELECTED OFFICIAL OF THE
MUNICIPALITY IN WHICH THE REGULATED ACTIVITY IS
PROPOSED. Such [notice] NOTICES shall include: (A)
The name and mailing address of the applicant and
the address of the location at which the proposed
activity will take place; (B) the application
number, if available; (C) the type of permit
sought, including a reference to the applicable
statute or regulation; (D) a description of the
activity for which a permit is sought; (E) a
description of the location of the proposed
activity and any natural resources affected
thereby; (F) the name, address and telephone
number of any agent of the applicant from whom
interested persons may obtain copies of the
application, and (G) a statement that the
application is available for inspection at the
office of the Department of Environmental
Protection. The commissioner shall not process an
application until the applicant has submitted to
the commissioner a copy of the notice required by
this section. The provisions of this section shall
not apply to discharges exempted from the notice
requirement by the commissioner pursuant to
subsection (b) of section 22a-430, to hazardous
waste transporter permits issued pursuant to
section 22a-454 or to special waste authorizations
issued pursuant to section 22a-209 and regulations
adopted thereunder.
Sec. 3. Section 22a-6h of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Environmental
Protection, at least thirty days before approving
or denying an application under section 22a-32,
22a-39, 22a-174, 22a-208a, 22a-342, 22a-361,
22a-368, 22a-403 or 22a-430, subsection (b) or (c)
of section 22a-449, section 22a-454 or Section 401
of the federal Water Pollution Control Act (33 USC
466 et seq.), shall publish or cause to be
published, at the applicant's expense, once in a
newspaper having a substantial circulation in the
affected area notice of his tentative
determination regarding such application. Such
notice shall include: (1) The name and mailing
address of the applicant and the address of the
location of the proposed activity; (2) the
application number; (3) the tentative decision
regarding the application; (4) the type of permit
or other authorization sought, including a
reference to the applicable statute or regulation;
(5) a description of the location of the proposed
activity and any natural resources affected
thereby; (6) the name, address and telephone
number of any agent of the applicant from whom
interested persons may obtain copies of the
application; (7) a brief description of all
opportunities for public participation provided by
statute or regulation, including the length of
time available for submission of public comments
to the commissioner on the application; and (8)
such additional information as the commissioner
deems necessary to comply with any provision of
this title or regulations adopted hereunder, or
with the federal Clean Air Act, federal Clean
Water Act or federal Resource Conservation and
Recovery Act. THE COMMISSIONER SHALL FURTHER GIVE
NOTICE OF SUCH DETERMINATION TO THE CHIEF ELECTED
OFFICIAL OF THE MUNICIPALITY IN WHICH THE
REGULATED ACTIVITY IS PROPOSED. Nothing in this
section shall preclude the commissioner from
giving such additional notice as may be required
by any other provision of this title or
regulations adopted hereunder, or by the federal
Clean Air Act, federal Clean Water Act or federal
Resource Conservation and Recovery Act. The
provisions of this section shall not apply to
discharges exempted from the notice requirement by
the commissioner pursuant to subsection (b) of
section 22a-430, to hazardous waste transporter
permits issued pursuant to section 22a-454 or to
special waste authorizations issued pursuant to
section 22a-209 and regulations adopted
thereunder.
(b) For the purposes of this section,
"application" means a request for a license or
renewal thereof or for any permit or modification
of a license or permit or renewal thereof if the
modification is sought by the licensee.
Sec. 4. (NEW) Prior to, or concurrent with,
taking any enforcement action under title 22a of
the general statutes or any action to recover any
civil penalty imposed under said title 22a, the
Commissioner of Environmental Protection shall
give notice of such action to the chief elected
official of the municipality in which the
regulated activity which gave rise to such action
is located. Such information shall be held
confidential by such official and shall not be
considered a public record or public information
for purposes of chapter 3 of the general statutes.
Sec. 5. Subsection (a) of section 22a-451 of
the general statutes, as amended by section 1 of
public act 97-241, 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 DIRECTLY OR INDIRECTLY causes an emergency
through the MAINTENANCE, 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 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 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. 6. Section 52-577c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this section: (1)
"Environment" means any surface water, ground
water, drinking water supply, land surface or
subsurface strata or ambient air within the state
or under the jurisdiction of the state; (2)
"exposure" means any contact, ingestion,
inhalation or assimilation, including irradiation;
(3) "hazardous chemical substance or mixture"
means PETROLEUM, A PETROLEUM PRODUCT OR any
chemical substance or mixture for which there is a
federal standard, including any law, requirement,
tolerance, prohibition, action level or similar
legal authority adopted by an agency pursuant to
federal law, including any such standard or legal
authority adopted by a state or local government
pursuant to federal law, generally intended to
prevent, reduce or mitigate the risk of a disease
or class or type of diseases to an individual or
individuals resulting from exposure to such
chemical substance or mixture; (4) "hazardous
pollutant" means any designated, specified or
referenced chemical considered to be a "hazardous
substance" under Section 101(14) of the
Comprehensive Environmental Response,
Compensation, and Liability Act, 42 USC 9601 (14);
(5) "release" means any spilling, leaking,
pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or
disposing into the environment.
(b) Notwithstanding the provisions of
sections 52-577 and 52-577a, no action to recover
damages for personal injury or property damage
caused by exposure to a hazardous chemical
substance or mixture or hazardous pollutant
released into the environment shall be brought but
within two years from the date when the injury or
damage complained of is discovered or in the
exercise of reasonable care should have been
discovered.
(c) The provisions of subsection (b) of this
section shall not apply to an action brought
against (1) any municipal waterworks system
established and operated under chapter 102 or any
special act, (2) any regional water authority
established under any general statute or special
act, or (3) any water company as defined in
section 16-1.
Approved June 4, 1998