HB 1257

Bill Subjects

County Government Environment Generally Health Generally

Abstract

Requires a person who causes a spill of certain substances into waters of the state to report the spill immediately to the following: (1) The department of environmental management (department). (2) The county health officer of each county in which the spill occurred. (3) A downstream water user. (4) At least one emergency response agency. (5) Each park located in the county in which the spill occurred. Requires the department, the county health officer, the downstream water user, the emergency response agency, and each park (entity) to: (1) post the information received about the spill on each entity's Internet web site; and (2) in a manner determined by each entity, make the information received about the spill available to the public. Requires the person who caused the spill to immediately provide notice by publication to the public in each county in which the spill occurred. Establishes a civil penalty of not more than $25,000 for each day that the person fails to make the report or provide the notice required by the bill. Provides that the civil penalty is not more that $50,000 for each day that the person fails to make the report or provide the notice if a court has entered a judgment against a person for a previous violation of the reporting and notification requirements added by the bill. Provides that a person who fails to make the report or provide the notice required by the bill commits a Class A misdemeanor. Specifies that a person commits a Level 6 felony if the person has a prior unrelated conviction for a violation of the reporting and notification requirements added by the bill. Provides that money collected by the department for a civil violation of the reporting and notification requirements added by the bill shall be deposited into the environmental management special fund. Adds definitions of "downstream water user", "objectionable substance", "park", and "spill". Makes conforming changes.