OLR Bill Analysis
AN ACT CONCERNING THE ASSESSMENT OF CIVIL PENALTIES AGAINST SMALL BUSINESSES BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.
This bill prohibits the Department of Energy and Environmental Protection (DEEP) commissioner from assessing a civil penalty against a business with fewer than 250 employees for a first-time violation of DEEP regulations if, within 30 days after receiving a written violation notice from the commissioner, the business: (1) takes measures that will completely remedy the condition that resulted in the violation within a reasonable amount of time up to six months and (2) sends written documentation of such measures to DEEP.
The bill requires the DEEP commissioner to assess the penalty if the condition is not remedied within six months, unless he extends the period of time in writing.
Under the bill, the prohibition on assessing a civil penalty applies regardless of any other statutory provision, but does not apply to violations (1) that are willful or grossly negligent, (2) harmful to human health or the environment, or (3) for which a penalty is required under federal law or regulation, including penalties required as a condition for federal funding.
EFFECTIVE DATE: October 1, 2018