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General Assembly Committee Bill No. 5185
January Session, 2019
LCO No. 3585
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING CO NSENT ORDERS ENTERED INTO BY THE
COMMISSIONER OF ENER GY AND ENVIRONMENTAL PROTECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-6dd of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Notwithstanding any provision of the general statutes, whenever 3
the [Department of Energy and Environmental Protection ] 4
commissioner enters a consent order with a party, [concerning] such 5
consent order may not be modified or revoked unless a material 6
breach of such consent order occurs or such party fails to disclose 7
material information. If the consent order concerns one or more parcels 8
of land and such consent order requires, in whole or in part, the 9
remediation of such land, the requirements and standards for such 10
remediation shall not be modified by the [department] commissioner 11
unless both the [department] commissioner and such party agree to 12
such modification. The commissioner or a party to any consent order 13
may seek declaratory and injunctive relief from the Superior Court to 14
resolve any dispute concerning the terms and conditions of, and 15
compliance with, the consent order. Such declaratory and injunctive 16
Committee Bill No. 5185
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relief shall be in addition to any other administrative or civil remedies 17
allowed by law. 18
(b) The provisions of subsection (a) of this section shall apply to any 19
consent order entered into by the commissioner and a party on or after 20
the effective date of this section. 21
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-6dd
Statement of Purpose:
To limit the circumstances under which the Commissioner of Energy
and Environmental Protection can modify consent orders.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]
Co-Sponsors: REP. O'DEA, 125th Dist.; REP. FISHBEIN, 90th Dist.
H.B. 5185