49-284. Notice; reportable quantities;
penalties
A. Notwithstanding any other requirement of state or federal law, any person who is
the owner or operator of a facility shall, as soon as the person has knowledge of any
release, other than a release in compliance with the limits or conditions in a federal or
state permit, of a hazardous substance from such facility, immediately notify the
director of the release if either:
1. The release is in a quantity equal to or greater than that which is required to
be reported to the national response center under section 103 of CERCLA (42 United States
Code section 9603).
2. The release is in a quantity equal to or greater than that determined pursuant
to subsection B of this section and the release was not reported to the national response
center before August 13, 1986.
B. The director shall, by rule, establish reportable quantities for those hazardous
substances for which such quantities have not been established under section 102 of
CERCLA (42 United States Code section 9602). The director may determine that one single
quantity shall be the reportable quantity for that hazardous substance, regardless of the
medium into which the hazardous substance is released.
C. Any person who fails to immediately notify the director as provided in
subsection A of this section is subject to a civil penalty of not to exceed ten thousand
dollars. The attorney general may, and at the request of the director shall, commence an
action in superior court to recover civil penalties provided by this subsection. All
civil penalties assessed pursuant to this section shall be deposited, pursuant to
sections 35-146 and 35-147, in the state general fund.
D. Notification received pursuant to this section or information obtained by the
exploitation of such notification shall not be used against any reporting person in any
criminal case, except a prosecution for perjury or for giving a false statement.
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