Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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91 that the violation was corrected within a reasonable Period of time. If compliance is not certified by the enforcement a gency, the enforcement agency shall retain discretion to assess penalties and fines for the violation. If a person or entity makes a voluntary disclosure of a violation of environmental laws discovered through performance of an environmental audit, that person has the burden of proving(i) that the disclosure is voluntary by establishing the elements set forth in subsection (c) of this section and (ii) that the person is therefore entitled to immunity from any administrative or civil penalties associated with the issues disclosed. Nothing in this section may be construed to provide immunity from criminal penalties. (c) For purposes of this section, disclosure is voluntary if all of the following criteria are met: The disclosure is made within 14 days following a reasonable investigation of the violation's discovery through the environmental audit. The disclosure is made to an enforcement agency having regulatory authority over the violation disclosed. The person or entity making the disclosure initiates an action to resolve the violation identified in the disclosure in a diligent manner. The person or entity making the disclosure cooperates with the aplicable enforcement agency in connection with investigation of the issues identified in the disclosure. The person or entity making the disclosure diligently pursues compliance and promptly corrects the noncompliance within a reasonable period of time. A disclosure is not voluntary for purposes of this section if any of the following factors aply: Specific permit conditions require monitoring or sampling records and reports or assessment plans and management plans to be maintained or submitted to the enforcement agency-pursuant to an established schedule. Environmental laws or specific permit conditions require notification of releases to the environment. The violation was committed intentionally, willfully, or through criminal negligence by the person or entity making the disclosure. The violation was not corrected in a diligent manner. The violation posed or poses a significant threat to public health, safety, and welfare, the environment, and natural resources. The violation occurred within one year of a similar prior violation at the same facility, and immunity from civil and administrative penalties was granted by the aplicable enforcement agency for the prior violation. The violation has resulted in a substantial economic benefit to the owner or operator of the facility_ The violation is a violation of the specific terms of a judicial or administrative order. (e) If a person meets the burden of proving that the disclosure is voluntary, the burden shifts to the enforcement agency to prove that the disclosure was not voluntary, based upon the factors set forth in this section. The person claiming immunity from civil or administrative penalties or fines under this section retains the ultimate burden of proving the violations were voluntarily disclosed. (f A voluntary disclosure made pursuant to this section is subject to disclosure pursuant to the Public Records Act in accordance with the provisions of Chapter 132 of the General Statutes. 8-58.62. Additional limitations on exercise of privilege or immunity. An owner or operator of a facility who makes a voluntary disclosure of a violation of environmental laws discovered through performance of an environmental audit shall only be entitled to exercise of the privilege or immunity established by this Part once in a two-year period, not more than twice in a five-year period, and not more than three times in a 10-year period. 8-58.63. Preemption of local laws. No local law, rule, ordinance, or permit condition may circumvent or limit the privilege established by this Part or the exercise of the privileges or the presumption and immunity established by this Part." House Bill 765-Ratified Session Law 2015-286 Page 17