General Assembly Substitute Bill No. 818
January Session, 2017 *_____SB00818CE____031717____*
General Assembly
Substitute Bill No. 818
January Session, 2017
*_____SB00818CE____031717____*
AN ACT CONCERNING THE SUSPENSION OF CIVIL PENALTIES IMPOSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON CERTAIN BUSINESS ENTITIES PURSUANT TO STATE REGULATIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2017, and applicable to penalties imposed on and after said date) (a) For the purposes of this section, "business entity" means a corporation, association, partnership, limited liability company or any other similar form of business organization.
(b) (1) Notwithstanding any provision of the general statutes, the Commissioner of Energy and Environmental Protection shall suspend any civil penalty assessed against any business entity for a first violation of any provision of the regulations adopted by the commissioner if, not later than thirty days after the assessment of such penalty, such business entity (A) takes measures that ensure a complete remedy of the condition that resulted in such violation within a reasonable period of time, not to exceed six months after the assessment of such penalty, and (B) submits a written request to the commissioner describing such measures and requesting a suspension of such penalty. If such condition is not remedied within such six-month period, the commissioner shall assess the civil penalty that was suspended pursuant to this section.
(2) The provisions of this section shall not apply to (A) any wilful or grossly negligent violation, (B) any violation that results in harm to human health or the environment, or (C) any penalty required under any provision of federal law or regulation, including any penalty required as a condition for receiving federal funding.
(c) Any business entity aggrieved by the denial of the commissioner to suspend a civil penalty pursuant to this section may appeal such denial to the Superior Court in accordance with the provisions of section 4-183 of the general statutes.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017, and applicable to penalties imposed on and after said date New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017, and applicable to penalties imposed on and after said date
New section
CE Joint Favorable Subst.
CE
Joint Favorable Subst.