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Connecticut Public Acts 1996

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Substitute House Bill No. 5527

PUBLIC ACT NO. 96-52

AN ACT CONCERNING MINOR VIOLATIONS OF CERTAIN ENVIRONMENTAL LAWS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1 of public act 95-56 is repealed and the following is substituted in lieu thereof:

(a) As used in this section, "minor violation" means a violation of [the state's hazardous waste laws] ANY OF THE PROVISIONS OF CHAPTERS 440, 441, 444, 445, 446a, 446c, 446d, 446i, 446j AND 446k but does not mean any such violation which the Commissioner of Environmental Protection determines, in his sole discretion, (1) was intentionally committed, (2) enabled the violator to avoid costs either by a reduction in cost or by gaining a competitive advantage, (3) is a repeat violation or is committed by a violator with an environmental compliance history determined by said commissioner, in his sole discretion, to require more serious enforcement action, (4) has caused actual exposure of any person to hazardous waste or poses a significant risk to human health or the environment, (5) cannot be corrected within thirty calendar days or for which a plan for compliance cannot be completed and agreed to within thirty calendar days of the violator's receipt of the notice, or (6) is one of several potentially minor violations detected in the course of an inspection or review the totality of which the commissioner determines to be more serious.

(b) The Commissioner of Environmental Protection [shall] MAY establish a program to expedite the enforcement process for minor violations. Pursuant to said program, the commissioner may issue a warning notice for any minor violation [of applicable hazardous waste laws] detected in the course of an inspection [of a facility or generator] BY SAID COMMISSIONER, OR HIS DESIGNEE, or in any review of documentation submitted by [a facility or generator, regulated] ANY PERSON SUBJECT TO REGULATION by said commissioner pursuant to [authority delegated to the state under the federal Resource Conservation and Recovery Act] SAID CHAPTERS. Such notice shall (1) describe the violation and specify the date such violation occurred, (2) specify alternatives the violator may consider to correct the violation, (3) provide a projected time frame for correcting the violation, and (4) advise the violator of its responsibilities under this section.

(c )Within thirty calendar days of receipt of the notice, such violator shall certify to the commissioner in writing that (1) the minor violation has been corrected, (2) measures to assure that such violation will not recur have been implemented to the extent action can not be taken to correct the specific violation identified in the notice, (3) action to correct the violation will be taken according to a specified schedule to the extent action has not been taken to correct the violation, or (4) no such violation occurred or that the notice is inaccurate.

(d) Within thirty calendar days of receipt of the certification required under subsection (c) of this section, the commissioner shall inform the violator in writing that (1) action reported taken or to be taken to correct the minor violation is satisfactory and the warning notice [shall be rescinded and] shall not be considered by the commissioner under section 22a-6m, (2) such action is not satisfactory and that further enforcement action may be taken, or (3) no minor violation occurred and the warning notice [shall be rescinded and] shall not be considered by the commissioner in any action taken pursuant to said section 22a-6m.

(e) The commissioner may take any enforcement action he deems necessary if such violator fails to take appropriate action pursuant to subsection (c) of this section.

Approved May 2, 1996. Effective October 1, 1996.

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