LCO No. 4036 1 of 2
General Assembly Raised Bill No. 7128
January Session, 2019
LCO No. 4036
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E MODIFICATION OR REVO CATION OF A
CONSENT ORDER ENTERE D INTO BY THE COMMISSIONER OF
ENERGY AND ENVIRONME NTAL 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 Section 22a-6dd of the general statutes is repealed and the 1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] Commissioner of Energy and Environmental 4
Protection enters into a consent order with a party, [concerning] the 5
commissioner shall not modify or revoke such consent order without 6
the consent of the party. If the consent order concerns one or more 7
parcels of land and such consent order requires, in whole or in part, 8
the remediation of such land, the requirements and standards for such 9
remediation shall not be modified by the [department] commissioner 10
unless both the [department] commissioner and such party agree to 11
such modification. The commissioner or a party to any consent order 12
may seek declaratory and injunctive relief from the Superior Court to 13
resolve any dispute concerning the terms and conditions of, and 14 Raised Bill No. 7128
LCO No. 4036 2 of 2
compliance with, the consent order. Such declaratory and injunctive 15
relief shall be in addition to any other administrative or civil remedies 16
allowed by law. 17
(b) The provisions of subsection (a) of this section shall apply to any 18
consent order entered into by the commissioner and a party on or after 19
the effective date of this section. 20
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22a-6dd
Statement of Purpose:
To ensure that any consent order entered into by a party and the
Commissioner of Energy and Environmental Protection, or the
commissioner's designee, is not modified or revoked without the
consent of the parties affected by the order.
[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.]