AN ACT INCREASING THE ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

AN ACT INCREASING THE ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

This bill sets, increases, and standardizes Department of Environmental Protection (DEP) fines, fees, and penalties for violations of air pollution, solid waste, and water pollution laws, regulations, orders, and permits. It applies the penalties to violations of environmental standards, orders, regulations, permits, DEP contracts, and cease-and-desist orders the commissioner issues or makes in carrying out her duties and responsibilities in those areas.

It adds sworn DEP law enforcement officers to those officials authorized to administer oaths. They may do so in affidavits, statements, depositions, complaints, and reports made to or by them.

The bill increases the penalty for knowingly violating air pollution control laws. For first-time offenses, the bill increases the maximum daily fine from $ 25,000 to $ 50,000, and the maximum prison term from one to three years. For subsequent offenses, it increases the maximum daily fine from $ 50,000 to $ 100,000, and the maximum prison term from two to 10 years.

It also applies this increased penalty to knowing violations of environmental standards, regulations, permits, orders, DEP contracts, and cease-and-desist orders the commissioner issues in carrying out her duties and responsibilities in enforcing air pollution laws. The bill specifies that responsible corporate officers and municipal officials are subject to these laws and penalties.

The bill applies the current penalties for criminally negligent violations of air pollution control laws to criminally negligent violations of environmental standards, regulations, orders, permits, DEP contracts, and cease-and-desist orders the commissioner issues or makes in carrying out her duties and responsibilities concerning these violations. These penalties are a maximum daily fine of $ 25,000 and up to one year in prison for first time offenses, and a maximum daily fine of $ 50,000 and up to two years in prison for subsequent offenses.

Under current law, a person who knowingly makes a false statement in any air pollution permit application, record, report, or other document, required to be maintained by law, regulation, order, or permit, or falsifies, tampers with, or knowingly renders inaccurate any air pollution monitoring device or method required to be maintained by law, regulation, order or permit, may be fined up to $ 10,000, and imprisoned for up to six months, or both, for each violation. The bill increases the monetary penalty for a first conviction to a maximum of $ 50,000 per day for each day of the violation, and increases the maximum prison term to two years. The bill sets a maximum fine of up to $ 50,000 per day for each day of the violation, imprisonment for up to five years, or both, for a subsequent conviction. The bill specifies that responsible corporate officers and municipal officials are subject to these laws and penalties.

The bill imposes the same penalties on people, including responsible corporate officers and municipal officials,

1. convicted of willfully failing to maintain or knowingly destroying, altering, or concealing (a) any air pollution record, required to be maintained by law, regulation, order, or permit, or (b) any record filed or required to be maintained under any air pollution standards, regulations, permits, orders, DEP contracts, and cease-and-desist orders the commissioner issues or makes in carrying out her duties and responsibilities, and

2. who (a) knowingly make a false statement in a document or (b) falsify, tamper with, or knowingly render inaccurate an air pollution monitoring device or method required to be maintained for any air pollution standards, orders, regulations, permits, DEP contracts, and cease-and-desist orders the commissioner issues or makes in carrying out her duties and responsibilities regarding air pollution laws.

The bill subjects people, including responsible corporate officers and municipal officials, who commit criminally negligent violations, knowingly make false statements, tamper with monitoring devices, and willfully fail to maintain, or knowingly destroy, alter, or conceal required records under various solid waste laws to a maximum fine of $ 25,000 per day for each of the violation, up to one year in prison, or both, for a first offense. A subsequent conviction is punishable by a fine of up to $ 50,000 per day for each day of the violation, imprisonment for up to two years, or both. These include violations of solid waste laws, regulations, permits, or orders concerning (1) building, altering, or operating solid waste facilities; (2) receiving, disposing of, processing, or transporting solid waste; (3) asbestos disposal; (4) dumping; and (5) operating resource recovery facilities.

The bill subjects people, including responsible corporate officers and municipal officials, who knowingly make a false statement, tamper with a required monitoring device, or willfully fail to maintain, or knowingly destroy, alter, or conceal records required by these solid waste laws, regulations, orders, or permits, or any environmental standards, regulations, orders, permits, DEP contracts, and cease-and-desist orders the commissioner issues or makes in carrying out her duties and responsibilities concerning the solid waste laws to a fine of up to $ 50,000 per day for each day of violation, imprisonment for up to two years, or both. A subsequent conviction is punishable by a fine of up to $ 50,000 per day for each day of the violation, imprisonment for up to five years, or both.

Under current law, anyone who knowingly makes a false statement in a water pollution permit application, report, or other document, or falsifies, tampers with, or knowingly renders inaccurate any water pollution monitoring device, may be fined up to $ 25,000 and imprisoned for up to two years, or both, for each violation. The bill increases the maximum fine to $ 50,000 for each day of the violation, regardless of the number of violations, and limits it to first-time offenders. It imposes a maximum penalty of a $ 50,000 fine per day for each day of the violation, five years in prison, or both, for subsequent violations.

The bill also imposes these penalties on anyone who knowingly makes a false statement in a document required to be filed under any water pollution control regulation, order, or permit, or who falsifies, tampers with, or knowingly renders inaccurate a monitoring device required to be maintained under any water pollution control regulation, order, or permit.

The bill imposes the same penalties on people convicted of willfully failing to maintain, or knowingly destroying, altering, or concealing any water pollution control record required to be maintained by law, regulation, order, or permit or any water pollution record that must be maintained under the commissioner's authority to carry out her duties and responsibilities or in the scope of an investigation resulting in a cease and desist order.

By law, unchanged by the bill, anyone, including a responsible corporate officer or municipal official, who commits criminally negligent violations of water pollution control record required to be maintained by law, regulation, order, or permit or any water pollution record that must be maintained under the commissioner's authority to carry out her duties and responsibilities or in the scope of an investigation resulting in a cease and desist order, may be fined up to $ 25,000 for each day of the violation and be imprisoned for up to one year. A subsequent conviction carries a fine of up to $ 50,000 for each day of violation, imprisonment for up to two years.

The law requires anyone erecting a structure ineligible for a certificate of permission in state tidal, coastal, or navigable waters waterward of the high tide line to obtain a DEP permit. Permit fees vary depending on the structure's type and size. The bill requires anyone seeking to retain a structure built in these waters without the required DEP permit to pay a fee of four times the applicable permit fee. It authorizes the commissioner to reduce the fee if she finds significant extenuating circumstances.

DEP has four categories of sworn law enforcement officers: conservation enforcement officers, seasonal special conservation officers, conservation enforcement trainees, and police officers.

By law, the commissioner may issue a certificate of permission for certain activities in state tidal, coastal, or navigable waters, including maintenance and repair of existing structures (CGS § 22a-363b).

Yea

Nay

(03/06/2009)