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2005 SESSION

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SB 1089 Environmental enforcement; authorizes Dept. of Environmental Quality to impose civil penalties.

Introduced by: John C. Watkins | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Environmental enforcement; civil penalties.  Strengthens the Department of Environmental Quality's environmental enforcement programs by granting it the authority to impose civil penalties of up to $32,500 for each violation, not to exceed $100,000 per order, after a hearing before a hearing officer appointed by the Supreme Court if (i) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site, (ii) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, and (iii) at least 130 days have passed since the issuance of the first notice of alleged violation.  The penalties would be subject to appeal.  This bill also helps simplify water enforcement actions by allowing the Water Board to delegate approval of consent orders. It increases the maximum civil penalty for violations of the Air, Waste, and Water programs from $25,000 to $32,500. 

SUMMARY AS PASSED SENATE:

Environmental enforcement; civil penalties. Strengthens the Department of Environmental Quality's environmental enforcement programs by granting it the authority to impose civil penalties of up to $32,500 for each violation, not to exceed $100,000 per order, after a hearing before a hearing officer appointed by the Supreme Court if (i) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site and (ii) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, and (iii) at least 90 days have passed since the issuance of the first notice of alleged violation. The penalties would be subject to appeal. This bill also helps simplify water enforcement actions by allowing the Water Board to delegate approval of consent orders, and increases the maximum civil penalty for violations of the Air, Waste, and Water programs from $25,000 to $32,500.

SUMMARY AS INTRODUCED:

Environmental enforcement; civil penalties.  Strengthens the Department of Environmental Quality's environmental enforcement programs by authorizing the imposition of civil penalties without the consent of the violating party after a formal administrative hearing. This authority was granted to the Waste program in 1998. This bill also requires the Department to have issued at least two written notices of alleged violation that remain unresolved before imposing any such penalties. The penalties would be subject to appeal. This bill also helps simplify water enforcement actions by allowing the Water Board to delegate approval of consent orders, and increases the maximum civil penalty for violations of the Air, Waste, and Water programs from $25,000 to $32,500.