OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www.cga.ct.gov/ofa

sSB-361

AN ACT CONCERNING A STUDY OF THE TOXICITY OF ARTIFICIAL TURF ATHLETIC FIELDS.

AMENDMENT

LCO No.: 4852

File Copy No.: 716

Senate Calendar No.: 54

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 09 $

FY 10 $

Department of Environmental Protection

GF - Cost

Significant

Significant

Department of Environmental Protection

GF - Revenue Gain

Potential Minimal

Potential Minimal

Attorney General

GF - Cost

Potential Significant

Potential Significant

Note: GF=General Fund

Municipal Impact: None

Explanation

The amendment would result in a significant cost to the Department of Environmental Protection (DEP) . It prohibits persons from disposing of or storing certain amounts of toxic waste at any site that abuts or adjoins residential property. Significant additional staff persons would be needed for DEP to enforce and regulate this prohibition. There could also be significant costs to the agency for expert witnesses and costs for legal resources if cases are brought to action for violations.

The bill could also result in minimal revenue as a result of civil penalties. The amount of penalty is not specified under the bill, if any, but most DEP civil penalties are between $10, 000-$25, 000 per violation. In FY 07, DEP collected $1.6 million in civil penalties.

There are currently 50-60 DEP staff persons in the Division of Remediation reviewing, approving, or rescinding remedial action plans which are required when there is an environmental land-use restriction, as with this bill. The review of a significant number of additional remedial action plans is anticipated upon passage of the bill.

DEP staff would also have to research property lines at the local level, determine which properties disposing of or storing toxic waste abut or adjoin residential properties, and make determinations if toxic waste has been disposed of improperly or if toxic waste is being stored on-site.

DEP and the Office of the Attorney General (AG) could also experience significant costs due to litigation, however the amount of litigation and corresponding costs are unknown at this time.

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose.