Chapter 066
2009 -- S 0050
Enacted 06/30/09
A N A C T
RELATING TO HEALTH AND SAFETY -- INDUSTRIAL PROPERTY REMEDIATION AND REUSE ACT
Introduced By: Senators Felag, Paiva-Weed, Metts, Sosnowski, and Pichardo
Date Introduced: January 14, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 23-19.14-16 and 23-19.14-18 of the
General Laws in Chapter 23-
19.14 entitled
"Industrial Property Remediation and Reuse Act" are hereby amended to
read as
follows:
23-19.14-16.
Penalties for noncompliance. -- (a) Any responsible party who fails,
without sufficient cause, to properly provide for removal or
remedial action pursuant to a final
order of the director of the department of environmental management
may be liable to the state
for punitive damages in an amount at least equal to, and
not more than, three (3) times the amount
of any costs incurred by the state as a result of the
failure to take proper action, in addition to
liability for any response costs incurred by the state as a
result of the failure to take action. The
state is authorized to commence a civil action against any
person who fails to take proper action
to recover the punitive damages, which shall be in
addition to any costs recovered from that
person.
(b) Any money received
by the state pursuant to this chapter shall be deposited in the
environmental response fund established pursuant to chapter 19.1 of
this title.
(c)(1) In addition to
being liable for punitive damages and response costs as set forth in
subsection (a) above, any responsible party or person who fails
to assess, to properly assess, to
remediate, to properly remediate, to
take any other action that may be required by the director
pursuant to this chapter, or to comply with any provision of
this chapter, or any rule, regulation or
order issued pursuant to this chapter shall also be subject
to a civil penalty of not more than
twenty-five thousand dollars ($25,000). In a case of a
continuing violation, each day's
continuance of the violation shall be a separate and distinct
offense.
(2) All penalties
assessed pursuant to this subsection shall be assessed in accordance with
chapter 42-17.6 and the rules and regulations of the
department for the assessment of
administrative penalties.
23-19.14-18.
Powers and duties of the director. -- (a) The director of the department of
environmental management is authorized to exercise all powers,
direct and incidental, necessary
to carry out the purposes of this chapter. The director
of the department of environmental
management may adopt any plans, rules, regulations, fees,
procedures, and standards that may be
necessary to meet the declared policies and requirements of
this chapter and receives all desired
federal grants, aid, and other benefits.
(b) Any rules or
policies promulgated pursuant to this chapter shall, to the maximum
extent practical, be compatible with the rules, regulations,
procedures, and standards promulgated
by the
response, compensation and liability act of 1980, 42 U.S.C.
section 9601 et seq. ("CERCLA" or
Superfund) or other applicable
federal or state statutes.
(c) The director may
institute administrative or civil proceedings, or may request the
attorney general to do the same, to enforce any provision of
this chapter or any rule, regulation or
order issued pursuant to this chapter.
SECTION 2. This act shall take effect upon passage.
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LC00178
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