2009 -- H 5061 SUBSTITUTE A

=======

LC00157/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

____________

A N A C T

RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY AND REMEDIATION

REUSE

     Introduced By: Representatives Edwards, Malik, Gallison, Pollard, and Silva

     Date Introduced: January 13, 2009

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 23-19.14-16 and 23-19.14-18 of the General Laws in Chapter 23-

1-2

19.14 entitled "Industrial Property Remediation and Reuse Act" are hereby amended to read as

1-3

follows:

1-4

     23-19.14-16. Penalties for noncompliance. -- (a) Any responsible party who fails,

1-5

without sufficient cause, to properly provide for removal or remedial action pursuant to a final

1-6

order of the director of the department of environmental management may be liable to the state

1-7

for punitive damages in an amount at least equal to, and not more than, three (3) times the amount

1-8

of any costs incurred by the state as a result of the failure to take proper action, in addition to

1-9

liability for any response costs incurred by the state as a result of the failure to take action. The

1-10

state is authorized to commence a civil action against any person who fails to take proper action

1-11

to recover the punitive damages, which shall be in addition to any costs recovered from that

1-12

person.

1-13

      (b) Any money received by the state pursuant to this chapter shall be deposited in the

1-14

environmental response fund established pursuant to chapter 19.1 of this title.

1-15

     (c)(1) In addition to being liable for punitive damages and response costs as set forth in

1-16

subsection (a) above, any responsible party or person who fails to assess, to properly assess, to

1-17

remediate, to properly remediate, to take any other action that may be required by the director

1-18

pursuant to this chapter, or to comply with any provision of this chapter, or any rule, regulation or

2-1

order issued pursuant to this chapter shall also be subject to a civil penalty of not more than

2-2

twenty-five thousand dollars ($25,000). In a case of a continuing violation, each day's

2-3

continuance of the violation shall be a separate and distinct offense.

2-4

     (2) All penalties assessed pursuant to this subsection shall be assessed in accordance with

2-5

chapter 42-17.6 and the rules and regulations of the department for the assessment of

2-6

administrative penalties.

2-7

     23-19.14-18. Powers and duties of the director. -- (a) The director of the department of

2-8

environmental management is authorized to exercise all powers, direct and incidental, necessary

2-9

to carry out the purposes of this chapter. The director of the department of environmental

2-10

management may adopt any plans, rules, regulations, fees, procedures, and standards that may be

2-11

necessary to meet the declared policies and requirements of this chapter and receives all desired

2-12

federal grants, aid, and other benefits.

2-13

      (b) Any rules or policies promulgated pursuant to this chapter shall, to the maximum

2-14

extent practical, be compatible with the rules, regulations, procedures, and standards promulgated

2-15

by the U.S. environmental protection agency pursuant to the comprehensive environmental

2-16

response, compensation and liability act of 1980, 42 U.S.C. section 9601 et seq. ("CERCLA" or

2-17

Superfund) or other applicable federal or state statutes.

2-18

     (c) The director may institute administrative or civil proceedings, or may request the

2-19

attorney general to do the same, to enforce any provision of this chapter or any rule, regulation or

2-20

order issued pursuant to this chapter.

2-21

     SECTION 2. This act shall take effect upon passage.

=======

LC00157/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY AND REMEDIATION

REUSE

***

3-1

     This act would provide for a civil penalty of not more than twenty-five thousand dollars

3-2

against any responsible party who fails to assess, remediate or take any action that may be

3-3

required by the director of the department of environmental management under the industrial

3-4

property remediation and reuse act.

3-5

     This act would take effect upon passage.

=======

LC00157/SUB A

=======