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| 3 | 3 | | LCO No. 4036 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 7128 |
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| 6 | 6 | | January Session, 2019 |
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| 7 | 7 | | LCO No. 4036 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on JUDICIARY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (JUD) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING TH E MODIFICATION OR REVO CATION OF A |
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| 20 | 20 | | CONSENT ORDER ENTERE D INTO BY THE COMMISSIONER OF |
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| 21 | 21 | | ENERGY AND ENVIRONME NTAL PROTECTION. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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| 23 | 23 | | Assembly convened: |
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| 24 | 24 | | |
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| 25 | 25 | | Section 1. Section 22a-6dd of the general statutes is repealed and the 1 |
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| 26 | 26 | | following is substituted in lieu thereof (Effective from passage): 2 |
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| 27 | 27 | | (a) Notwithstanding any provision of the general statutes, whenever 3 |
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| 28 | 28 | | the [Department] Commissioner of Energy and Environmental 4 |
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| 29 | 29 | | Protection enters into a consent order with a party, [concerning] the 5 |
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| 30 | 30 | | commissioner shall not modify or revoke such consent order without 6 |
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| 31 | 31 | | the consent of the party. If the consent order concerns one or more 7 |
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| 32 | 32 | | parcels of land and such consent order requires, in whole or in part, 8 |
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| 33 | 33 | | the remediation of such land, the requirements and standards for such 9 |
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| 34 | 34 | | remediation shall not be modified by the [department] commissioner 10 |
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| 35 | 35 | | unless both the [department] commissioner and such party agree to 11 |
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| 36 | 36 | | such modification. The commissioner or a party to any consent order 12 |
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| 37 | 37 | | may seek declaratory and injunctive relief from the Superior Court to 13 |
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| 38 | 38 | | resolve any dispute concerning the terms and conditions of, and 14 Raised Bill No. 7128 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 4036 2 of 2 |
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| 43 | 43 | | |
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| 44 | 44 | | compliance with, the consent order. Such declaratory and injunctive 15 |
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| 45 | 45 | | relief shall be in addition to any other administrative or civil remedies 16 |
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| 46 | 46 | | allowed by law. 17 |
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| 47 | 47 | | (b) The provisions of subsection (a) of this section shall apply to any 18 |
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| 48 | 48 | | consent order entered into by the commissioner and a party on or after 19 |
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| 49 | 49 | | the effective date of this section. 20 |
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| 50 | 50 | | This act shall take effect as follows and shall amend the following |
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| 51 | 51 | | sections: |
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| 52 | 52 | | |
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| 53 | 53 | | Section 1 from passage 22a-6dd |
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| 54 | 54 | | |
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| 55 | 55 | | Statement of Purpose: |
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| 56 | 56 | | To ensure that any consent order entered into by a party and the |
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| 57 | 57 | | Commissioner of Energy and Environmental Protection, or the |
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| 58 | 58 | | commissioner's designee, is not modified or revoked without the |
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| 59 | 59 | | consent of the parties affected by the order. |
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| 60 | 60 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 61 | 61 | | 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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| 62 | 62 | | not underlined.] |
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| 63 | 63 | | |
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