Bill Text: CT HB05344 | 2012 | General Assembly | Comm Sub

Connecticut House Bill 5344 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: An Act Concerning Streamlining The State's Stormwater General Permitting Process.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-06-15 - Signed by the Governor [HB05344 Detail]

Download: Connecticut-2012-HB05344-Comm_Sub.html

General Assembly		*Substitute Bill No. 5344*
*February Session, 2012*		_____HB05344CE____032312____

AN ACT CONCERNING STREAMLINING THE STATE'S STORMWATER GENERAL PERMITTING PROCESS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) For purposes of this section, "person" shall have the same meaning as in section 22a-423 of the general statutes; and "materially" means in a substantive sense or to a significant degree.

(b) The Commissioner of Energy and Environmental Protection, when issuing a general permit for stormwater discharges pursuant to section 22a-430b of the general statutes, may specify or require the submission of a certification by a professional pursuant to this section. When the commissioner specifies or requires such certification, the general permit shall specify: (1) The qualifications deemed necessary by the commissioner for the professional to make the certification, including, but not limited to, relevant education, training, experience and certifications or licenses issued under any other provision of the general statutes or by any organization specified in the general permit; (2) the criteria deemed necessary by the commissioner to establish that the professional qualified pursuant to subdivision (1) of this subsection is independent and does not have a financial interest in the activity that is the subject of the certification, provided reasonable compensation for services rendered in providing a certification shall not be deemed a financial interest; (3) the specific information to be reviewed or inspections to be conducted by such qualified professional as the basis for the certification and retention of documents regarding such review or inspection; (4) that such qualified professional make an affirmative determination regarding the activity or project covered by the certification, including, but not limited to, an affirmative determination regarding plans or other documents or the design, installation, and functioning of wastewater collection and treatment systems, and monitoring or other equipment; and (5) that such qualified professional sign the certification statement in accordance with this section and any conditions for providing such certification. The commissioner may specify in the general permit whether such certification shall be required when the person seeking coverage under a general permit is a federal or state agency or a municipality. Nothing in this section shall authorize a qualified professional to engage in any profession or occupation requiring a license under any other provision of the general statutes without such license.

(c) (1) The commissioner shall accept any such certification specified or required pursuant to subsection (b) of this section unless (A) the certification is the subject of an audit pursuant to subsection (d) of this section; (B) the commissioner has reason to believe that such certification was made by a person who did not meet the requirements specified in the general permit; or (C) such certification is otherwise not in compliance with the requirements of state or federal law or the requirements specified in the general permit.

(2) If, after providing a certification, a qualified professional learns or, in the normal course of a qualified professional's practice, should have learned, of information that existed when the certification was provided that would have prevented such certification from being submitted or significantly changed such certification, such qualified professional shall promptly notify the following of such information: (A) The person who obtained coverage under the general permit based upon the previous certification; and (B) the commissioner, in writing.

(d) (1) The commissioner may audit any certification submitted by a qualified professional pursuant to this section. In conducting any such audit, the commissioner may request, in writing, any information the commissioner deems necessary to carry out such audit, including, but not limited to, any information to demonstrate to the commissioner's satisfaction that such qualified professional meets the qualifications as specified in the general permit or information that formed the basis for the certification provided by a qualified professional. As part of an audit conducted pursuant to this subsection, the commissioner may require that any information reviewed by the qualified professional or prepared in accordance with a general permit be independently certified in accordance with this section by another qualified professional, who meets the qualifications of subdivision (1) of subsection (b) of this section, who does not have any financial interest, other than for the reasonable compensation for the services being rendered, in the project or activity and who did not engage in any activities associated with the development or preparation of such information that is the subject of the certification, and is not under the same employ as any person who engaged in any activities associated with the development or preparation of such information that is the subject of the certification. Such independent certification shall be at the expense of the person seeking coverage under a general permit. The commissioner may charge the reasonable cost of an audit under this subsection to the person seeking or having obtained coverage under a general permit if such audit reveals that a certification filed with the commissioner under this section was based on information that was materially inaccurate, incomplete or misleading.

(2) The commissioner shall have a goal of auditing up to ten per cent of the permits certified pursuant to this section. Based upon such audits, the commissioner shall, not later than January 1, 2014, in accordance with the provisions of section 11-4a of the general statutes, report (A) the number of certifications that have been audited, (B) the level of compliance of certifications with the requirements of subdivision (1) of subsection (e) of this section, (C) whether such levels of compliance are adequate to fulfill the purposes of section 22a-430b of the general statutes, and (D) the measures necessary to bring compliance to, or maintain compliance at, levels and the resources necessary to implement such measures.

(e) (1) A qualified professional shall ensure that any certification submitted under a general permit pursuant to this section is based upon accurate and complete information. No professional may submit any such certification when such professional does not have the requisite qualifications prescribed in the general permit or if the submission of any such certification is based upon information that is materially inaccurate, incomplete or misleading, or does not comply with any of the requirements set forth in the general permit and has not been disclosed, as provided in subdivision (2) of subsection (c) of this section.

(2) If the commissioner finds that a certification submitted pursuant to this section is based upon information that is materially inaccurate, incomplete or misleading, including by omission, or if a qualified professional fails to cooperate or provide requested information in connection with an audit by the commissioner pursuant to subsection (d) of this section, the commissioner may (A) deny an application for coverage under a general permit; or (B) revoke, suspend or modify authorization under a general permit, including the approval of any registration issued by the commissioner. The commissioner may take such action even if the person covered by such general permit had no involvement in the preparation or review of the certification submitted pursuant to this section or was unaware of any material inaccuracy, incompleteness or other error in any such certification.

(3) In addition to any other penalty or sanction provided for by law, disciplinary action against any professional may be taken for any noncompliance noted in subdivision (1) of this subsection. For any professional who is required to maintain in effect a certain license under any other provision of the general statutes, the commissioner may (A) make a referral to any board or department issuing such license for disciplinary action, (B) issue a reprimand or warning to such qualified professional, or (C) prohibit, either temporarily or permanently, a professional from submitting a certification pursuant to this section. In addition to any other applicable procedures, subsection (c) of section 4-182 of the general statutes shall apply to any disciplinary action taken by the commissioner pursuant to this section.