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of  the  general  statutes  is  repealed  and  the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statutes  is  repealed  and   the   following   is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