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Substitute Senate Bill No. 264

PUBLIC ACT NO. 96-145

AN ACT CONCERNING WATER RESOURCES AND WATER POLLUTION CONTROL PROGRAMS.

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

Section 1. Section 22a-36l of the general statutes, as amended by sections 12 and 21 of public act 95-257 and section 10 of public act 95-218, is amended by adding subsections (e), (f) and (g) as follows:

(NEW) (e) No person, firm or corporation, public, municipal or private, who removes sand, gravel or other material lying waterward of the mean high water mark of the tidal, coastal or navigable waters of the state pursuant to a permit issued under this section on or after the effective date of this act, shall make any beneficial or commercial use of such sand, gravel or other material except upon payment to the state of a fee of two dollars per cubic yard of such sand, gravel and other materials. Such payment shall be made at times and under conditions specified by the commissioner in such permit. No fee shall be assessed for (1) the performance of such activities on land which is not owned by the state, (2) the use of sand, gravel or other materials for beach restoration projects, or (3) ultimate disposal of such sand, gravel or other materials which does not result in an economic benefit to any person. For the purposes of this section, "beneficial or commercial use" includes, but is not limited to, sale or use of sand, gravel or other materials for construction, aggregate, fill or landscaping. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this subsection. Upon adoption of such regulations, the fees required by this subsection shall be as prescribed in such regulation.

(NEW) (f) When any damage may arise to any person, firm or corporation from the taking of sand, gravel or other material as provided in subsection (e) of this section and the applicant authorized by the commissioner to take sand, gravel or other material cannot agree with such person, firm or corporation as to the amount of damage which may result from such taking, the commissioner shall require the applicant, as a condition precedent to the taking of sand, gravel or material pursuant to any permit hereunder, to post bond, with good and sufficient surety, or to deposit such sum with the State Treasurer, for the protection of any person, firm or corporation claiming damage which may result from such taking, as the commissioner determines sufficient to cover all damages, including interest from the date of the taking, which could reasonably result to any person, firm or corporation from such taking.

(NEW) (g) The procedure for the subsequent determination of the amount of actual damage shall be as follows: The commissioner shall prefer a petition to the superior court for the judicial district of Hartford-New Britain or to a judge thereof in vacation, praying that the amount of such damage may be determined. Such petition shall be accompanied by a summons signed by competent authority, to be served as process in civil action before said court, notifying the applicant and any person, firm or corporation claiming damage from the taking, to appear before said court or such judge, and thereupon said court or judge shall appoint a committee of three disinterested persons, one of whom may be a state referee, who shall be sworn before commencing their duties. Such committee, after giving reasonable notice to all parties of the time and place of hearing, shall hear and receive evidence from all parties concerning the damage and shall make an award. Such committee shall make a report of its doings and the award to said court or such judge, who may accept such report or reject it for irregular or improper conduct by the committee in the performance of its duties. If the report is rejected, the court or judge shall appoint another committee, which shall proceed in the same manner as the first committee was required to proceed. If the report is accepted, such acceptance shall have the effect of a judgment and the applicant shall pay the amount of any such award to the clerk of the Superior Court for the account of the persons entitled thereto within sixty days after the judgment is entered or, in the case of an appeal, after the final judgment. Any party may, within sixty days, appeal such judgment in the manner provided by law.

Sec. 2. Subsection (i) of section 22a-430 of the general statutes, as amended by sections 4 to 6, inclusive, of public act 95-220 and sections 12 and 21 of public act 95-257, is repealed and the following is substituted in lieu thereof:

(i) (1) Notwithstanding the provisions of subsection (c) of this section, the commissioner may issue a permit for [the following categories of discharge, for a period not to exceed ten years: Discharges to the groundwaters of the state, except those from solid waste disposal areas, and discharges to municipal sanitary sewer systems, except process wastewater discharges from the following industrial categories as defined pursuant to the federal Water Pollution Control Act: Timber products processing; electroplating; iron and steel manufacturing; inorganic chemicals manufacturing (I and II); textile mills; petroleum refining; pulp, paper and paperboard; steam electric power plants; leather tanning and finishing; porcelain enameling; coil coating I; coil coating (can making); electrical and electronic components (I and II); metal finishing; copper forming; aluminum forming; pharmaceuticals manufacturing; nonferrous metals manufacturing (I and II); battery manufacturing; plastics molding and forming; nonferrous metals forming; pesticides; metal molding and casting; organic chemicals, plastics and synthetic fibers manufacturing.] A DISCHARGE TO WATERS OF THE STATE FROM ANY SOLID WASTE DISPOSAL AREA AS DEFINED IN SECTION 22a-207 OR FROM ANY SUBSURFACE SEWAGE DISPOSAL SYSTEM FOR A PERIOD NOT TO EXCEED THIRTY YEARS, AND FOR ANY OTHER DISCHARGE FOR A PERIOD NOT TO EXCEED TEN YEARS, PROVIDED SUCH PERMIT IS NOT INCONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT. Any permit issued pursuant to this subsection shall be subject to the provisions of section 22a-431. FOR THE PURPOSE OF THIS SUBSECTION, "SUBSURFACE SEWAGE DISPOSAL SYSTEM" MEANS A SYSTEM CONSISTING OF A HOUSE OR COLLECTION SEWER, A SEPTIC TANK FOLLOWED BY A LEACHING SYSTEM, ANY NECESSARY PUMPS OR SIPHONS AND ANY GROUNDWATER CONTROL SYSTEM ON WHICH THE OPERATION OF THE LEACHING SYSTEM IS DEPENDENT. (2) Permits for the categories of discharge for which ten-year AND THIRTY-YEAR permits may be issued pursuant to subdivision (1) of this subsection which are in effect on [July 1, 1991] OCTOBER 1,1996, shall not expire until five years OR TWENTY-FIVE YEARS, RESPECTIVELY after the expiration date stated in the permit, provided SUCH EXTENSION IS NOT INCONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT AND FURTHER PROVIDED NO SUCH PERMIT MAY BE VALID FOR A PERIOD GREATER THAN THIRTY YEARS AND FURTHER PROVIDED, the commissioner may, no earlier than two hundred seventy days before the expiration date stated in the permit, send notice to the permittee that an application for permit renewal must be submitted [within ninety days] NOT LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION DATE STATED IN THE PERMIT. If a timely and sufficient application for renewal is submitted within such time, the permit shall be continued in accordance with subsection (b) of section 4-182. If a timely and sufficient application is not submitted within such time, the permit shall expire UNLESS SUCH PERMIT IS EXTENDED PURSUANT TO SECTION 22a-6j. Nothing in this section shall affect the commissioner's authority to take action under this chapter, including but not limited to issuance of orders under section 22a-431.

Sec. 3. Section 22a-6f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each annual fee charged by the Commissioner of Environmental Protection pursuant to the general statutes shall be due on or before July first of each year, unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. THE FEE FOR LATE PAYMENT OF AN ANNUAL FEE CHARGED BY SAID COMMISSIONER PURSUANT TO THE GENERAL STATUTES SHALL BE TEN PER CENT OF THE ANNUAL FEE DUE, PLUS ONE AND ONE-QUARTER PER CENT PER MONTH OR PART THEREOF THAT THE ANNUAL FEE REMAINS UNPAID. Each permit fee and permit application fee charged by the commissioner pursuant to the general statutes is due upon the submission of the permit application, unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. Each permit fee and permit application fee payable to the commissioner shall apply equally to the issuance, renewal, modification and transfer of a permit unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. The commissioner may waive any fee payable to him as it applies to the activities of an agency, board, commission, council or department of the state, provided such agency, board, commission, council or department compensates the Department of Environmental Protection in an amount equal to such fee pursuant to a written agreement.

(b) UNLESS A LOWER FEE IS OTHERWISE SPECIFIED IN THE GENERAL PERMIT, THE FEE FOR REGISTRATION PURSUANT TO A GENERAL PERMIT SHALL BE AS FOLLOWS: (1) IF THE PERSON INTENDING TO ENGAGE IN THE REGULATED ACTIVITY IS REQUIRED TO REGISTER WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND OBTAIN APPROVAL OF THE REGISTRATION BEFORE THE ACTIVITY IS AUTHORIZED, FIVE HUNDRED DOLLARS; OR (2) IF THE PERSON INTENDING TO ENGAGE IN THE REGULATED ACTIVITY IS ONLY REQUIRED TO REGISTER WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION BEFORE THE ACTIVITY IS AUTHORIZED, TWO HUNDRED FIFTY DOLLARS.

Sec. 4. Subdivision (1) of subsection (e) of section 22a-454 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) (1) The commissioner may issue a general permit for a category of activities which require a permit under subsection (a) of this section OR LICENSE UNDER SUBSECTION (b) OF SECTION 22a-449, AS AMENDED, except for an activity for which an individual permit has already been obtained provided the issuance of the general permit is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act. Any person or municipality conducting an activity for which a general permit has been issued shall not be required to obtain an individual permit under subsection (a) of this section, except as provided in subdivision (3) of this subsection. The general permit may regulate a category of activities which: (A) Involve the same or substantially similar types of operations; (B) involve the collection, storage, treatment or disposal of the same types of substances; (C) require the same operating conditions or standards, and (D) require the same or similar monitoring, and which in the opinion of the commissioner are more appropriately controlled under a general permit than under an individual permit. The general permit may require any person or municipality proposing to conduct any activity under the general permit to register such activity with the commissioner before it is covered by the general permit. Registration shall be on a form prescribed by the commissioner.

Sec. 5. Section 22a-402 of the general statutes is repealed and the following is substituted in lieu thereof:

Said commissioner shall investigate and inspect or cause to be investigated and inspected all dams or other structures which, in his judgment, would, by breaking away, cause loss of life or property damage. Said commissioner may require any person [, firm or corporation] owning or having the care and control of any such structure [constructed subsequent to July 1, 1918,] to furnish him with such surveys, plans, descriptions, drawings and other data relating thereto and in such form and to such reasonable extent as he directs. [If such structure was constructed prior to July 1, 1918, such person, firm or corporation shall furnish the commissioner with any plans and other data that he may possess or may obtain from others.] Any person [, firm or corporation] in possession of such pertinent information shall afford the owner and the commissioner access thereto. The commissioner shall make or cause to be made such periodic inspections of all such structures as may be necessary to reasonably insure that they are maintained in a safe condition. [Any person, firm or corporation which would suffer loss of life or property by the breaking away of any such structure may petition the commissioner in writing for an inspection. If the commissioner has reason to believe the petition is without merit, he may require a deposit not exceeding one hundred dollars to cover the cost of such inspection before making the same. If the structure is found safe, the deposit shall be paid to the State Treasurer for credit to the proper fund, but, if the structure is found unsafe, the deposit shall be returned to the person, firm or corporation submitting the petition.] If, after any inspection described herein, the commissioner finds any such structure to be in an unsafe condition, he shall order the person [, firm or corporation] owning or having control thereof to place it in a safe condition or to remove it and shall fix the time within which such order shall be carried out. The respondent to such an order shall not be required to obtain a permit under chapter 440 for any action necessary to comply with such order. If such order is not carried out within the time specified, the commissioner may carry out the actions required by the order provided the commissioner has determined that an emergency exists which presents a clear and present danger to the public safety and said commissioner shall assess the costs of such action against the person, firm or corporation owning or having care and control of the structure. When the commissioner in his investigation finds that a dam or other structure should be inspected periodically in order to reduce a potential hazard to life and property, the owner of such structure shall cause such inspection to be made by a registered engineer at such intervals as are deemed necessary by the commissioner and shall submit a copy of the engineer's finding and report to the commissioner for his action. As used in this chapter, ["corporation" shall be deemed to include a "municipality" as defined in section 22a-423] "PERSON" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBSECTION (c) OF SECTION 22a-2.

Sec. 6. Subsection (a) of section 22a-403 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Before any person [, firm, corporation or municipality or political subdivision thereof] constructs, alters, rebuilds, substantially repairs, adds to, replaces or removes any such structure, such person [, firm, corporation or municipality or political subdivision thereof] shall apply to the commissioner for a permit to undertake such work. The application for such permit shall be in [duplicate] TRIPLICATE, the original of which, with necessary drawings, plans, specifications and other data, shall be submitted to the commissioner, in the form and to the extent required by him. If the commissioner finds that an application is complete, he shall (1) notify the applicant by certified mail, return receipt requested, of his intent to grant a permit with or without terms and conditions or to deny a permit for such work and (2) publish notice of such intention in a newspaper having a general circulation in the area in which the proposed work will take place or have effect. The commissioner shall mail notice of such intent to the chief executive officer, the inland wetland agency, and the planning, zoning and conservation commissions of each town in which the work will take place or have effect. The commissioner may hold a hearing prior to approving or denying any application if, in his discretion, the public interest will be best served thereby, and he shall hold a hearing if, within thirty days after such notice has been published, he receives a petition requesting such a hearing signed by at least twenty-five persons. Notice of such hearing shall be published at least thirty days before the hearing in a newspaper having a general circulation in the area in which the work will take place or have effect.

Sec. 7. Section 22a-406 of the general statutes is repealed and the following is substituted in lieu thereof:

Nothing in this chapter, and no order, approval or advice of the commissioner, shall relieve any owner or operator of such a structure from his legal duties, obligations and liabilities resulting from such ownership or operation. No action for damages sustained through the partial or total failure of any structure or its maintenance shall be brought or maintained against the state, the Commissioner of Environmental Protection, or his employees or agents [, by reason of supervision of such structure exercised by the commissioner under this chapter.]

Sec. 8. Section 22a-407 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person [, firm or corporation building, repairing to an extent substantially affecting stability, maintaining or using any such structure without complying with the provisions of this chapter, or failing to build, repair, maintain or remove any such structure when so ordered or directed by the commissioner under authority of this chapter] WHO VIOLATES ANY PROVISION OF THIS CHAPTER, ANY ORDER OR PERMIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS CHAPTER, shall forfeit to the state a sum not exceeding [five hundred] ONE THOUSAND dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute an action to recover such forfeiture and to enjoin [the construction and use of such structure] SUCH VIOLATION AND REQUIRE ITS CORRECTION.

Sec. 9. Subsection (a) of section 22a-6 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The commissioner may (1) adopt, amend or repeal, in accordance with the provisions of chapter 54, such environmental standards, criteria and regulations, and such procedural regulations as are necessary and proper to carry out his functions, powers and duties; (2) enter into contracts with any person, firm, corporation or association to do all things necessary or convenient to carry out the functions, powers and duties of the department; (3) initiate and receive complaints as to any actual or suspected violation of any statute, regulation, permit or order administered, adopted or issued by him. The commissioner shall have the power to hold hearings, administer oaths, take testimony and subpoena witnesses and evidence, enter orders and institute legal proceedings including, but not limited to, suits for injunctions, for the enforcement of any statute, regulation, order or permit administered, adopted or issued by him; (4) in accordance with regulations adopted by him, require, issue, renew, revoke, modify or deny permits, under such conditions as he may prescribe, governing all sources of pollution in Connecticut within his jurisdiction; (5) in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations of any statute, regulation, order or permit administered, adopted or issued by him and the owner, managing agent or occupant of any such property shall permit such entry, and no action for trespass shall lie against the commissioner for such entry, or he may apply to any court having criminal jurisdiction for a warrant to inspect such premises to determine compliance with any statute, regulation, order or permit administered, adopted or enforced by him, provided any information relating to secret processes or methods of manufacture or production ascertained by the commissioner during, or as a result of, any inspection, investigation, hearing or otherwise shall be kept confidential and shall not be disclosed except that, notwithstanding the provisions of subdivision (5) of subsection (b) of section 1-19, AS AMENDED such information may be disclosed by the commissioner to the United States Environmental Protection Agency pursuant to the federal Freedom of Information Act of 1976, (5 USC 552) and regulations adopted thereunder or, if such information is submitted after June 4, 1986, to any person pursuant to the federal Clean Water Act (33 USC 1251 et seq.); (6) undertake any studies, inquiries, surveys or analyses he may deem relevant, through the personnel of the department or in cooperation with any public or private agency, to accomplish the functions, powers and duties of the commissioner; (7) require the posting of sufficient performance bond or other security to assure compliance with any permit or order; (8) provide by notice printed on any form that any false statement made thereon or pursuant thereto is punishable as a criminal offense under section 53a-157b; (9) construct or repair or contract for the construction or repair of any dam or flood and erosion control system under his control and management, make or contract for the making of any alteration, repair or addition to any other real asset under his control and management, including rented or leased premises, involving an expenditure of five hundred thousand dollars or less, and, with prior approval of the Commissioner of Public Works, make or contract for the making of any alteration, repair or addition to such other real asset under his control and management involving an expenditure of more than five hundred thousand dollars but not more than one million dollars; (10) by regulations adopted in accordance with the provisions of chapter 54 require the payment of a fee sufficient to cover the reasonable cost of the search, duplication and review of records requested under the freedom of information act and the reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions of any state or federal permit, license, registration, order, certificate or approval required pursuant to subsection (i) of section 22a-39, AS AMENDED subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) of section 22a-424, AS AMENDED and sections 22a-6d, 22a-32, AS AMENDED 22a-134a, AS AMENDED 22a-134e, AS AMENDED 22a-135, 22a-148, 22a-150, 22a-174, AS AMENDED 22a-174a, 22a-208, 22a-208a, AS AMENDED 22a-209, 22a-342, 22a-345, 22a-361, AS AMENDED 22a-363c, 22a-368, 22a-372, 22a-379, [22a-384,] 22a-403, 22a-409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs may include, but are not limited to the costs of (A) public notice, (B) reviews, inspections and testing incidental to the issuance of and monitoring of compliance with such permits, licenses, orders, certificates and approvals and (C) surveying and staking boundary lines. The applicant shall pay the fee established in accordance with the provisions of this section prior to the final decision of the commissioner on the application. The commissioner may postpone review of an application until receipt of the payment. Payment of a fee for monitoring compliance with the terms or conditions of a permit shall be at such time as the commissioner deems necessary and is required for an approval to remain valid; and (11) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of responding to requests for information concerning the status of real estate with regard to compliance with environmental statutes, regulations, permits or orders. Such fee shall be paid by the person requesting such information at the time of the request. Funds not exceeding two hundred thousand dollars received by the commissioner pursuant to subsection (g) of section 22a-174, during the fiscal year ending June 30, 1985, shall be deposited in the General Fund and credited to the appropriations of the Department of Environmental Protection in accordance with the provisions of section 4-86, and such funds shall not lapse until June 30, 1986. In any action brought against any employee of the department acting within his scope of delegated authority in performing any of the above-listed duties, the employee shall be represented by the Attorney General.

Sec. 10. Section 22a-6a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who knowingly or negligently violates any provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 15-121, AS AMENDED section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, AS AMENDED 22a-32 AS AMENDED or 22a-39, chapter 441, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, section 22a-162, 22a-171, 22a-174, 22a-175, AS AMENDED 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, AS AMENDED 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-225, AS AMENDED 22a-231, AS AMENDED 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-358, AS AMENDED 22a-359, 22a-361, AS AMENDED 22a-362, [22a-383, 22a-384, 22a-385, 22a-387,] 22a-401 to 22a-405, inclusive, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, AS AMENDED 22a-447, 22a-449, AS AMENDED 22a-450, AS AMENDED 22a-451, 22a-454, 22a-458, 22a-461, AS AMENDED 22a-462 AS AMENDED or 22a-471, AS AMENDED or any regulation, order or permit adopted or issued thereunder by the Commissioner of Environmental Protection shall be liable to the state for the reasonable costs and expenses of the state in detecting, investigating, controlling and abating such violation. Such person shall also be liable to the state for the reasonable costs and expenses of the state in restoring the air, waters, lands and other natural resources of the state, including plant, wild animal and aquatic life to their former condition insofar as practicable and reasonable, or, if restoration is not practicable or reasonable, for any damage, temporary or permanent, caused by such violation to the air, waters, lands or other natural resources of the state, including plant, wild animal and aquatic life and to the public trust therein. Institution of a suit to recover for such damage, costs and expenses shall not preclude the application of any other remedies.

(b) Whenever two or more persons knowingly or negligently violate any provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 15-121, AS AMENDED section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, AS AMENDED 22a-32 AS AMENDED or 22a-39, chapter 441, subsection (b) of section 22a-134p, section 22a-162, 22a-171, 22a-174, 22a-175, AS AMENDED 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-225, AS AMENDED 22a-231, AS AMENDED 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-358, AS AMENDED 22a-359, 22a-361, AS AMENDED 22a-362, [22a-383, 22a-384, 22a-385, 22a-387,] 22a-401 to 22a-405, inclusive, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, AS AMENDED 22a-447, 22a-449, AS AMENDED 22a-450, AS AMENDED 22a-451, 22a-454, 22a-458, 22a-461, AS AMENDED 22a-462 AS AMENDED or 22a-471, AS AMENDED or any regulation, order or permit adopted or issued thereunder by the commissioner and responsibility for the damage caused thereby is not reasonably apportionable, such persons shall, subject to a right of equal contribution, be jointly and severally liable under this section.

(c) Any person whose acts outside Connecticut contribute to environmental damage in Connecticut shall be subject to suit under this section if such person is subject to in personam jurisdiction within this state pursuant to section 52-59b, or if such person, in person or through an agent, expects or should reasonably expect his acts outside this state to have an effect upon the environment in this state and process upon any such person shall be served in the manner set forth in section 52-59b.

Sec. 11. Subsection (a) of section 22a-6b of the general statutes, as amended by sections 4 to 6, inclusive, of public act 95-220 and section 4 of public act 95-218, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to establish a schedule setting forth the amounts, or the ranges of amounts, or a method for calculating the amount of the civil penalties which may become due under this section. Such schedule or method may be amended from time to time in the same manner as for adoption provided any such regulations which become effective after July 1, 1993, shall only apply to violations which occur after said date. The civil penalties established for each violation shall be of such amount as to insure immediate and continued compliance with applicable laws, regulations, orders and permits. Such civil penalties shall not exceed the following amounts: (1) For failure to file any registration, other than a registration for a general permit, for failure to file any plan, report or record, or any application for a permit, for failure to obtain any certification, for failure to display any registration, permit or order, or file any other information required pursuant to any provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 15-121, AS AMENDED section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, AS AMENDED 22a-32, AS AMENDED 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, AS AMENDED subsection (b) of section 22a-134p, section 22a-171, 22a-174, 22a-175, AS AMENDED 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, AS AMENDED 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-231, AS AMENDED 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, AS AMENDED 22a-359, 22a-361, AS AMENDED 22a-362, 22a-368, [22a-383, 22a-384, 22a-385, 22a-387,] 22a-401 to 22a-405, inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, AS AMENDED 22a-447, 22a-449, AS AMENDED 22a-450, AS AMENDED 22a-451, 22a-454, 22a-458, 22a-461, AS AMENDED 22a-462 AS AMENDED or 22a-471, AS AMENDED or any regulation, order or permit adopted or issued thereunder by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than one thousand dollars for said violation and in addition no more than one hundred dollars for each day during which such violation continues; (2) For deposit, placement, removal, disposal, discharge or emission of any material or substance or electromagnetic radiation or the causing of, engaging in or maintaining of any condition or activity in violation of any provision of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 15-121, AS AMENDED section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, AS AMENDED 22a-32, AS AMENDED 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, AS AMENDED section 22a-69 or 22a-74, subsection (b) of section 22a-134p, section 22a-162, 22a-171, 22a-174, 22a-175, AS AMENDED 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, AS AMENDED 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, AS AMENDED22a-359, 22a-361, AS AMENDED 22a-362, 22a-368, [22a-383, 22a-384, 22a-385, 22a-387,] 22a-401 to 22a-405, inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, AS AMENDEDm 22a-447, 22a-449, AS AMENDED 22a-450, AS AMENDED 22a-451, 22a-454, 22a-458, 22a-461, AS AMENDED 22a-462 AS AMENDED or 22a-471, AS AMENDED or any regulation, order or permit adopted thereunder by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than twenty-five thousand dollars for said violation for each day during which such violation continues; (3) For violation of the terms of any final order of the commissioner, except final orders under subsection (d) of this section and emergency orders and cease and desist orders as set forth in subdivision (4) of this subsection, for violation of the terms of any permit issued by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than twenty-five thousand dollars for said violation for each day during which such violation continues; (4) For violation of any emergency order or cease and desist order of the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than twenty-five thousand dollars for said violation for each day during which such violation continues; (5) For failure to make an immediate report required pursuant to subdivision (3) of subsection (a) of section 22a-135, or a report required by the department pursuant to subsection (b) of section 22a-135, no more than twenty-five thousand dollars per violation per day; (6) For violation of any provision of the state's hazardous waste program, no more than twenty-five thousand dollars per violation per day; (7) For wilful violation of any condition imposed pursuant to section 26-313 which leads to the destruction of, or harm to, any rare, threatened or endangered species, no more than ten thousand dollars per violation per day; (8) For violation of any provision of sections 22a-608 to 22a-611, inclusive, no more than the amount established by Section 325 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 USC 11001 et seq.) for a violation of Section 302, 304 or 311 to 313, inclusive, of said act.

Sec. 12. 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, AS AMENDED 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, AS AMENDED 22a-368, [22a-384,] 22a-403 or 22a-430, AS AMENDED subsection (b) or (c) of section 22a-449, AS AMENDED 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. Such notice 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, AS AMENDED 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. 13. 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, AS AMENDED 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, AS AMENDED 22a-368, [22a-384,] 22a-403 or 22a-430, AS AMENDED subsection (b) or (c) of section 22a-449, AS AMENDED 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. 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, AS AMENDED 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. 14. Subsection (b) of section 22a-27g of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding any provision of the general statutes to the contrary, on and after July 1, 1990, the amount of any fee received by the Department of Environmental Protection which is attributable to the provisions of section 22a-6, 22a-6d, 22a-27i, 22a-134e, AS AMENDED 22a-135, 22a-148, 22a-150, 22a-174, 22a-174a, 22a-208a, 22a-342, 22a-363c, 22a-372, 22a-379, [22a-384,] 22a-409, 22a-430, AS AMENDED22a-449, AS AMENDED 22a-454 to 22a-454c, inclusive, and [subsection (a) of] section 22a-361, AS AMENDED or any regulation adopted or amended pursuant to section 22a-6 or pursuant to any other provision of this title, shall be deposited directly into the Environmental Quality Fund established by subsection (a) of this section and credited to the environmental quality account. The Commissioner of Environmental Protection shall annually certify to the Treasurer, with respect to each such fee received on and after July 1, 1990, the amount of such fee which shall be credited to the General Fund.

Sec. 15. Section 22a-27i of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding the provisions of sections 22a-6, 22a-6d, 22a-26g, 22a-26h, 22a-134e, AS AMENDED 22a-135, 22a-148, 22a-150, 22a-174, 22a-174a, 22a-208a, 22a-342, 22a-363c, 22a-372, 22a-379, [22a-384,] 22a-409, 22a-430, AS AMENDED 22a-449, AS AMENDED 22a-454 to 22a-454c, inclusive, and [subsection (a) of] section 22a-361, AS AMENDED for the period beginning July 1, 1990, and ending June 30, 1991, any fee to be charged to a municipality in accordance with said sections shall be the fee in effect on June 30, 1990.

Sec. 16. Section 22a-98 of the general statutes is repealed and the following is substituted in lieu thereof:

The commissioner shall coordinate the activities of all regulatory programs under his jurisdiction with permitting authority in the coastal area to assure that the administration of such programs is consistent with the goals and policies of this chapter. Such programs include, but are not limited to: (1) Regulation of wetlands and watercourses pursuant to chapter 440; (2) regulation of stream encroachment pursuant to sections 22a-342 to 22a-349, inclusive; (3) regulation of the erection of structures or the placement of fill in tidal, coastal or navigable waters pursuant to sections 22a-359 to 22a-363, inclusive; AND (4) [regulation of the removal of sand and gravel pursuant to sections 22a-383 to 22a-390, inclusive, and (5)] certification of water quality pursuant to the federal Clean Water Act of 1972 (33 USC 1411, Section 401). The commissioner shall assure consistency with such goals and policies in granting, denying or modifying permits under such programs. Any person seeking a license, permit or other approval of an activity under the requirements of such regulatory programs shall demonstrate that such activity is consistent with all applicable goals and policies in section 22a-92 and that such activity incorporates all reasonable measures mitigating any adverse impacts of such actions on coastal resources and future water-dependent development activities. The coordination of such programs shall include, where feasible, the use of common or combined application forms, the holding of joint hearings on permit applications and the coordination of the timing or sequencing of permit decisions.

Sec. 17. Subsection (c) of section 22a-361 of the general statutes, as amended by sections 12 and 21 of public act 95-257 and section 10 of public act 95-218, is repealed and the following is substituted in lieu thereof:

(c) The Commissioner of Environmental Protection may adopt, in accordance with the provisions of chapter 54, regulations to carry out the provisions of sections 22a-359 to 22a-363, inclusive [, and sections 22a-383 to 22a-390, inclusive.] Such regulations shall establish the procedures for reviewing and acting upon applications for permits, certificates of permission and emergency authorizations. The regulations shall be consistent with sections 22a-28 to 22a-35, inclusive, and regulations adopted thereunder, sections 22a-90 to 22a-100, inclusive, and sections 22a-113k to 22a-113t, inclusive. They shall establish criteria for granting, denying, limiting, conditioning or modifying permits giving due regard for the impact of regulated activities and their use on the tidal, coastal or navigable waters of the state, adjoining coastal and tidal resources, tidal wetlands, navigation, recreation, erosion, sedimentation, water quality and circulation, fisheries, shellfisheries, wildlife, flooding and other natural disasters and water-dependent use opportunities as defined in section 22a-93, AS AMENDED. The regulations may provide for consideration of local, state and federal programs affecting tidal, coastal and navigable waters of the state and the development of the uplands adjacent thereto and may set forth informational material describing general categories of regulated activities for the purpose of providing permit applicants with a more explicit understanding of the regulations. Such informational material shall be consistent with and shall not increase the discretion granted to the commissioner under the policies, standards and criteria contained in sections 22a-359, [22a-383,] 22a-92 and 22a-93, AS AMENDED, and this section.

Sec. 18. Subsection (a) of section 51-344a of the general statutes, as amended by sections 4 to 6, inclusive, of public act 95-220, is repealed and the following is substituted in lieu thereof:

(a) Whenever the term "judicial district of Hartford-New Britain" or "judicial district of Hartford-New Britain at Hartford" is used or referred to in the following sections of the general statutes, AS AMENDED it shall be deemed to mean or refer to the judicial district of Hartford on and after September 1, 1998: Sections 1-21i, 1-21j, 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-160, 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-369b, 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-394, 12-405k, 12-422, 12-448, 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-586f, 12-597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-67u, 14-110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 16a-5, 17b-60, 17b-64, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-123d, 19a-149, 19a-425, 19a-498, 19a-517, 19a-526, 20-12f, 20-13e, 20-20, 20-29, 20-40, 20-45, 20-59, 20-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 21a-196, 22-7, 22-37, 22-64, 22-118i, 22-195, 22-228, 22-248, 22-254, 22-320d, 22-326a, 22-344b, 22-386, 22-404, 22a-6b, 22a-7, 22a-16, 22a-30, 22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 22a-163m, 22a-167, 22a-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-226c, 22a-227, 22a-250, 22a-255l, 22a-276, 22a-285a, 22a-285g, 22a-285j, 22a-310, 22a-342a, 22a-344, 22a-361a, 22a-374, 22a-376, [22a-388,] 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-449g, 22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-158, 29-161b, 29-317, 29-323, 29-329, 29-334, 29-340, 29-369, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-285, 31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-462, 36a-467, 36a-494, 36a-517, 36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 36b-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 38a-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 38a-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 38a-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 42-182, 46a-5, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-392d and 54-211a.

Sec. 19. Sections 22a-383 to 22a-388, inclusive, of the general statutes, as amended, and section 22a-390 of the general statutes are repealed.

Approved May 29, 1996. Effective October 1, 1996.

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