| 23 | | - | Section 1. Section 22a-6dd of the general statutes is repealed and the 1 |
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| 24 | | - | following is substituted in lieu thereof (Effective from passage): 2 |
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| 25 | | - | (a) Notwithstanding any provision of the general statutes, whenever 3 |
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| 26 | | - | the [Department of Energy and Environmental Protection ] 4 |
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| 27 | | - | commissioner enters a consent order with a party, [concerning] such 5 |
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| 28 | | - | consent order may not be modified or revoked unless a material 6 |
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| 29 | | - | breach of such consent order occurs or such party fails to disclose 7 |
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| 30 | | - | material information. If the consent order concerns one or more parcels 8 |
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| 31 | | - | of land and such consent order requires, in whole or in part, the 9 |
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| 32 | | - | remediation of such land, the requirements and standards for such 10 |
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| 33 | | - | remediation shall not be modified by the [department] commissioner 11 |
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| 34 | | - | unless both the [department] commissioner and such party agree to 12 |
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| 35 | | - | such modification. The commissioner or a party to any consent order 13 |
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| 36 | | - | may seek declaratory and injunctive relief from the Superior Court to 14 |
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| 37 | | - | resolve any dispute concerning the terms and conditions of, and 15 |
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| 38 | | - | compliance with, the consent order. Such declaratory and injunctive 16 |
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| 39 | | - | Committee Bill No. 5185 |
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| 40 | | - | |
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| 41 | | - | |
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| 42 | | - | LCO No. 3585 2 of 2 |
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| 43 | | - | |
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| 44 | | - | relief shall be in addition to any other administrative or civil remedies 17 |
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| 45 | | - | allowed by law. 18 |
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| 46 | | - | (b) The provisions of subsection (a) of this section shall apply to any 19 |
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| 47 | | - | consent order entered into by the commissioner and a party on or after 20 |
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| 48 | | - | the effective date of this section. 21 |
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| 49 | | - | This act shall take effect as follows and shall amend the following |
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| 50 | | - | sections: |
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| 51 | | - | |
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| 52 | | - | Section 1 from passage 22a-6dd |
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| 53 | | - | |
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| 26 | + | That section 22a-6dd of the general statutes be amended to ensure 1 |
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| 27 | + | that any consent order entered into by a party and the Commissioner 2 |
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| 28 | + | of Energy and Environmental Protection, or the commissioner's 3 |
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| 29 | + | designee, is not modified or revoked without the consent of the party. 4 |
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| 55 | | - | To limit the circumstances under which the Commissioner of Energy |
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| 56 | | - | and Environmental Protection can modify consent orders. |
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| 57 | | - | |
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| 58 | | - | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 59 | | - | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 60 | | - | not underlined.] |
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| 61 | | - | |
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| 62 | | - | |
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| 63 | | - | Co-Sponsors: REP. O'DEA, 125th Dist.; REP. FISHBEIN, 90th Dist. |
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| 64 | | - | |
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| 65 | | - | H.B. 5185 |
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| 31 | + | To ensure that any consent order entered into by a party and the |
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| 32 | + | Commissioner of Energy and Environmental Protection, or the |
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| 33 | + | commissioner's designee, is not modified or revoked without the |
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| 34 | + | consent of the party. |
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