DPH: Penalties
Asbestos Program

Penalties

 

     Sec. 19a-332d. Criminal penalties. Any person who knowingly violates any provision of sections 19a-332 to 19a-332c, inclusive, section 19a-333 or sections 20-435 to 20-439, inclusive, shall be fined not more than five thousand dollars, or imprisoned for not more than one year or both. Each day's failure to comply with such provisions shall constitute a separate violation. Failure to comply with respect to a single facility or school building shall constitute a separate violation. When construing and enforcing the provisions of said sections, the action, omission or failure to act of any officer, agent or other person acting for or employed by any person shall in every case also be deemed to be the action, omission or failure to act of such person as well as that of the person employed.

      Sec. 19a-332e. Civil penalties. Regulations. (a) If, upon review, investigation or inspection, the Commissioner of Public Health determines that any person has violated any provision of sections 19a-332 to 19a-332c, inclusive, 19a-333 and 20-435 to 20-439, inclusive, or any regulations adopted thereunder, he may impose a civil penalty not to exceed five thousand dollars upon a local education agency and not to exceed twenty-five thousand dollars upon any one person. Governmental immunity shall not be a defense to any civil penalty imposed pursuant to this section. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing a schedule or schedules of the amounts, or the ranges of amounts, of civil penalties which may be imposed under this section. In adopting such regulations the commissioner shall consider the level of assessment necessary to ensure immediate and continued compliance with such provision and the character and degree of injury or impairment to or interference with or threat to the public health, safety or welfare.

      (b) In setting a civil penalty in a particular case, the commissioner shall consider all factors he deems relevant, including, but not limited to, the following: (1) The amount of assessment necessary to ensure immediate and continued compliance with such provision; (2) the character and significance of the violation; (3) any history of previous violations under this section; (4) the ability of the person to pay the penalty; (5) the ability of the person to continue to provide services; (6) the underlying circumstances behind the violation; (7) whether the person is taking all feasible steps or procedures necessary or appropriate to comply with such provisions or to correct the violation; (8) the culpability of the person; (9) other factors as justice may require, including voluntary disclosure and attitude of the person. Each day's failure to comply with such provisions shall constitute a separate violation. Failure to comply with respect to a single facility or school building shall constitute a separate violation. No civil penalty may be imposed until the regulations required by subsection (a) of this section have been adopted.

      (c) If the commissioner determines that a violation has occurred, he may impose a penalty and send to the person, by certified mail, return receipt requested, or personal service, a notice of violation which shall include: (1) A reference to the sections of the general statutes or regulations involved; (2) a short and plain statement of the matters asserted or charged; (3) a statement of the amount of civil penalty or penalties to be imposed; (4) the initial date of the imposition of the penalty; and (5) a statement of the person's right to a hearing.

      (d) The person to whom the notice is addressed shall have twenty days from the date of mailing of the notice to make written application to the commissioner for a hearing to contest the notice of violation. If no such application for a hearing is received within such twenty-day period, the notice of violation shall be deemed a final order of the commissioner, effective upon the expiration of said period.

      (e) If any person requests a hearing under this section, such hearing shall be conducted pursuant to sections 4-176e to 4-184, inclusive. Any civil penalty may be mitigated by the commissioner upon such terms and conditions as he in his discretion deems proper or necessary upon consideration of the factors set forth in subsection (b) of this section. The commissioner shall, after the hearing, issue a final order affirming, modifying or vacating the notice of violation.

      (f) A final order of the commissioner assessing a civil penalty shall be subject to appeal as set forth in section 4-183 after a hearing before the commissioner pursuant to subsection (e) of this section, except that any such appeal shall be taken to the superior court for the judicial district of New Britain and shall have precedence in the order of trial as provided in section 52-191. Such final order shall not be subject to appeal under any other provision of the general statutes. No challenge to any such final order shall be allowed as to any issue which could have been raised by any appeal of an earlier order, notice, permit, denial or other final decision by the commissioner.

      (g) If any person fails to pay any civil penalty, the Attorney General, upon request of the Commissioner of Public Health, may bring an action in the superior court for the judicial district of Hartford to obtain enforcement of the penalty by the court. All actions brought by the Attorney General pursuant to the provisions of this section shall have precedence in the order of trial as provided in section 52-191.

Asbestos-Containing Materials in Schools

 

19a-332e-1. Definitions. As used in sections 19a-332e-1 through 19a-332e2 of the Regulations of Connecticut State Agencies

(1)      "Asbestos-containing material" or "ACM" means material composed of asbestos of any type and in an amount greater than one percent by weight, either alone or mixed with other fibrous or nonfibrous material.

(2)     "Commissioner" means the commissioner of the Department of Public Health.

(3)      "Department" means the Department of Public Health.

(4)      "Local Education Agency" or "LEA" means:

(A)     Any local educational agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 3381, as amended from time to time;

(B)     the owner of any nonpublic, nonprofit elementary, or secondary school building; or

(C)     the governing authority of any school operated under the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978, 20 U.S.C. § 921, et seq., as amended from time to time.

(5)     "Person" means any individual, corporation, partnership, firm, association, sole proprietorship, the State of Connecticut or any of its political subdivisions, or any other entity except an LEA as defined in subsection (4) of this section.

(Effective June 4, 1999.)

 

19a-332e-2. Assessment of civil penalties

(a)      Establishment of civil penalty. In setting a civil penalty in a particular case the commissioner shall consider all factors which he deems relevant, including but not limited to those listed in subsection (b) of section 19a-332e of the Connecticut General Statutes.

(b)      Explanation of assessment. When the commissioner imposes a civil penalty under subsection (a) of section 19a-332e of the Connecticut General Statutes, the commissioner shall provide a written explanation of the methodology employed and a written summary of calculations used to determine a particular assessment upon written request by the affected person.

(c)      Calculation of assessment. The total penalty assessed shall be calculated by adding all the applicable penalties specified in section 19a-332e-2(a) of the Regulations of Connecticut State Agencies.

(d)     Record of mitigation. The department shall maintain a written record of each instance in which the commissioner mitigates a civil penalty pursuant to subsections (b) and (e) of Section 19a-332e of the Connecticut General Statutes. The record shall include the name and address of the person, the violation(s), the amount of the civil penalty before and after mitigation, and the reasons for mitigation.

(e)      Schedules of penalties.

(Effective June 4, 1999.)

 


TABLE A

 

Asbestos-Containing Materials in Schools

 

                       

 

 

LEA

Other Person

Section 19a-333a-2

General Local Education Responsibilities

$50-$5000

X

Section 19a-333a-3

Inspections and Reinspections

$50-$5000

$50-$25000

Section 19a-333a-4

Sampling

$50-$1000

$50-$2000

Section 19a-333a-5

Analysis

$50-$1000

$50-$1000

Section 19a-333a-6

Assessment

$50-$1000

$50-$1000

Section 19a-333a-7

Response Action

$50-$5000

$50-$25000

Section 19a-333a-8

Operations and Maintenance

$50-$1000

$50-$1000

Section 19a-333a-9

Training and Periodic Surveillance

$50-$2500

$100-$10000

Section 19a-333a-10

Management Plans

$50-$5000

$50-$25000

Section 19a-333a-11

Recordkeeping

$50-$1000

$50-$2000

Section 19a-333a-12

Warning Labels

$50-$1000

$50-$1000

Section 19a-333a-13

Exclusions

$50-$5000

$50-$25000

 

TABLE B

 

Standards for Asbestos Abatement

 

 

 

LEA

Other Person

Section 19a-332a-3

Notification of Asbestos Abatement

$50-$1000

$50-$2000

Section 19a-332a-4

Recordkeeping

$50-$1000

$50-$2000

Section 19a-332a-5

General Requirements for Asbestos Abatement Projects

$50-$5000

$50-$25000

Section 19a-332a-6

Worker Decontamination System for Asbestos Abatement Projects

$100-$2500

$100-$10000

Section 19a-332a-7

Specific Requirements for Asbestos Removal

$50-$1000

$50-$2000

Section 19a-332a-8

Specific Requirements for Encapsulation

$50-$1000

$50-$2000

Section 19a-332a-9

Specific Requirements for Enclosure

$50-$1000

$50-$2000

Section 19a-332a-10

Specific Requirements for Spot Repairs

$50-$1000

$50-$2000

Section 19a-332a-11

Alternative Work Practices

$50-$5000

$50-$25000

Section 19a-332a-12

Post Abatement Reoccupancy Criteria for Asbestos Abatement Projects for Friable Asbestos-Containing Material

$50-$5000

$50-$25000

Section 19a-332a-14

Inspection for Asbestos Abatement Projects

$500-$5000

$1000-$25000

Section 19a-332a-15

Order to Cease Activity

$500-$5000

$1000-$25000


 

TABLE C

 

Licensure and Training Requirements for Persons Engaged in Asbestos Abatement and Consultation Services

 

                               

 

 

LEA

Other Person

Section 20-440-2

Licensure of Asbestos Contractors

$100-$2500

$100-$10000

Section 20-440-3

Licensure of Asbestos Consultants

$100-$2500

$100-$10000

Section 20-440-4

Application for Licensure and Certification as an Asbestos Consultant

$100-$2500

$100-$10000

Section 20-440-5

Certification and Employment as an Asbestos Abatement Site Supervisor or as an Asbestos Abatement Worker

$100-$2500

$100-$10000

Section 20-440-7

Training Requirements

$100-$2500

$100-$10000

Section 20-440-8

Training Provider Administrative Tasks and Certification Requirements

$50-$1000

$50-$2000

Section 20-440-9

Recordkeeping

$50-$1000

$50-$2000

Section 20-441

Refresher Training

$50-$1000

$50-$2000

 

 

 

 





Content Last Modified on 7/24/2008 2:20:00 PM