Substitute House Bill No. 5060

Public Act No. 00-19

An Act Concerning Criminal Violations Of Environmental Laws.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22a-131a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who (1) wilfully fails to prepare a manifest required in accordance with the provisions of [the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.)] the State Hazardous Waste Program promulgated under subsection (c) of section 22a-449 or any regulation adopted pursuant to said subsection, (2) knowingly makes any false material statement or representation on any application, label, manifest, record, report, permit or other document required in accordance with the provisions of [said act] subsection (c) of section 22a-449 or said regulations, including any such statement or representation for used oil that is regulated under said subsection, or (3) wilfully fails to maintain or knowingly destroys, alters or conceals any record required to be maintained [under regulations pursuant to said act] in accordance with the provisions of subsection (c) of section 22a-449 or said regulations, including any record for used oil that is regulated under said subsection, shall be fined not more than [twenty-five] fifty thousand dollars for each day of such violation or imprisoned not more than [one year] two years or both. A [second] subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day or imprisonment for not more than [two] five years or both.

(b) Any person who knowingly transports or causes to be transported any hazardous waste to a facility which does not have a permit required under [the Resource Conservation and Recovery Act of 1976] subsection (c) of section 22a-449 or any regulation adopted pursuant to said subsection, or who knowingly treats, stores or disposes of any hazardous wastes without a permit required under said [act] subsection or said regulations, or who knowingly violates any material condition or requirement of such permit or an order issued by the commissioner regarding treatment, storage or disposal of hazardous waste, shall be fined not more than fifty thousand dollars for each day of violation or imprisoned not more than [two] five years or both. A subsequent conviction for any such violation shall carry a fine of not more than one hundred thousand dollars per day or imprisonment for not more than ten years or both.

(c) Any person who knowingly stores, treats, disposes, recycles, transports or causes to be transported or otherwise handles any used oil that is regulated under subsection (c) of section 22a-449 but not identified or listed as hazardous waste in violation of any condition or requirement of a permit under said subsection or under any regulation adopted pursuant to said subsection shall be fined not more than fifty thousand dollars for each day of violation or imprisoned not more than two years or both. A subsequent conviction for any such violation shall carry a fine of not more than one hundred thousand dollars per day or imprisonment for not more than five years or both.

[(c)] (d) Any person, who in the commission of a violation for which a penalty would be imposed under subsection (a), [or] (b) or (c) of this section, who knowingly places another by such violation in imminent danger of death or serious bodily injury, shall be fined not more than two hundred fifty thousand dollars or imprisoned not more than [two] fifteen years or both, [except that where such violation indicates an extreme indifference to human life, the fine shall be not more than two hundred fifty thousand dollars or imprisonment for five years or both,] and when the violator is an organization, the fine shall be not more than one million dollars. This subsection shall not be construed as a limitation on the amount of fines that may be imposed in accordance with subsection (a), [or] (b) or (c) of this section. As used in this section, "organization" means any legal entity, other than the state or any of its political subdivisions, established for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union or any other association of persons.

[(d)] (e) Any fine imposed pursuant to this section shall be deposited in the General Fund.

Sec. 2. Section 22a-226a of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who knowingly violates any provision of section 22a-252, section 22a-208a, section 22a-208c, any permit issued under said section 22a-208a, subsection (c) or (d) of section 22a-250, any regulation adopted under section 22a-209 or 22a-231, or any order issued pursuant to section 22a-225 shall be fined not more than twenty-five thousand dollars per day for each day of violation or imprisoned not more than [one year] two years or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than [two] five years or both.

Sec. 3. Section 22a-438 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who or municipality which violates any provision of this chapter, or section 22a-6 or 22a-7 shall be assessed a civil penalty not to exceed twenty-five thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty. In determining the amount of any penalty assessed under this subsection, the court may consider the nature, circumstances, extent and gravity of the violation, the person or municipality's prior history of violations, the economic benefit resulting to the person or municipality from the violation, and such other factors deemed appropriate by the court. The court shall consider the status of a person or municipality as a persistent violator. The provisions of this section concerning a continuing violation shall not apply to a person or municipality during the time when a hearing on the order pursuant to section 22a-436 or an appeal pursuant to section 22a-437 is pending.

(b) Any person who [or municipality which wilfully or] with criminal negligence violates any provision of this chapter, or section 22a-6 or 22a-7 shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years or both. For the purposes of this subsection, person includes any responsible corporate officer or municipal official.

(c) Any person who knowingly violates any provision of this chapter, or section 22a-6 or 22a-7 shall be fined not more than fifty thousand dollars per day for each day of violation or be imprisoned not more than three years or both. A subsequent conviction for any such violation shall carry a fine of not more than one hundred thousand dollars per day for each day of violation or imprisonment for not more than ten years or both. For the purposes of this subsection, person includes any responsible corporate officer or municipal official.

[(c)] (d) Any person who [or municipality which] knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or section 22a-6 or 22a-7 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or section 22a-6 or 22a-7 shall upon conviction be fined not more than [ten] twenty-five thousand dollars for each violation or imprisoned not more than [six months] two years for each violation or both. For the purposes of this subsection, person includes any responsible corporate officer or municipal official.

Sec. 4. Section 22a-467 of the general statutes is repealed and the following is substituted in lieu thereof:

No person [or municipality] shall dispose of the compound PCB or any item, product or material containing the compound PCB except in accordance with a permit issued pursuant to section 22a-208a, 22a-430 or 22a-454. Notwithstanding the provisions of this section, a person or municipality may dispose of the compound PCB, or the item, product or material containing the compound PCB, in accordance with a written approval by the commissioner if such disposal (1) results in destruction of the compound PCB; or (2) is not inconsistent with the provisions of Part 761 of Title 40 of the Code of Federal Regulations. The commissioner may include in any such approval such conditions as he deems appropriate to protect the environment and human health. For purposes of this section, person includes any responsible corporate officer or municipal official and "dispose" means to incinerate or treat the compound PCB or any item, product or material containing the compound PCB, or to discharge, deposit, inject, dump or place the compound PCB or any item, product or material containing the compound PCB into or on land or water so that such compound, item, product or material enters the environment, is emitted into the air, or is discharged into any waters, including groundwaters.