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

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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