2009 -- H 5061

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LC00157

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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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:

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     SECTION 1. Section 23-19.14-16 of the General Laws in Chapter 23-19.14 entitled

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"Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:

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     23-19.14-16. Penalties for noncompliance. -- (a) Any person or responsible party who

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

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

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

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

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

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action. The state is authorized to commence an administrative or a civil action against any person

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responsible party who fails to take proper action in order to recover the punitive damages, which

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shall be in addition to any costs recovered from that person.

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

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environmental response fund established pursuant to chapter 19.1 of this title. and may be used to

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achieve the purposes of this chapter.

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

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subsection (a) above, any person or responsible party who fails to take proper action or fails to

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

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chapter, shall also be subject to an administrative or civil penalty of not more than twenty-five

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thousand dollars ($25,000). In the case of a continuing violation, each day's continuance of the

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violation shall be deemed to be a separate and distinct offense.

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

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the provisions of chapter 42-17.6.

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     SECTION 2. This act shall take effect upon passage.

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LC00157

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY AND REMEDIATION

REUSE

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     This act would expand the scope of liability and penalties for violations of the Industrial

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Property Remediation and Reuse Act.

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     This act would take effect upon passage.

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LC00157

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