Table of Contents
Sec. 22a-1. Policy of the state.
Sec. 22a-1a. Declaration of policy: Coordination of state plans and programs.
Sec. 22a-1b. Evaluation by state agencies of actions affecting the environment.
Sec. 22a-1c. Actions affecting environment defined.
Sec. 22a-1d. Review of evaluations. Notification to municipalities and agencies.
Sec. 22a-1e. Review and determination by Office of Policy and Management.
Sec. 22a-1f. Exceptions.
Sec. 22a-1g. Regulations.
Sec. 22a-1h. Environmental impact evaluations.
Sec. 22a-1i. Environmental contamination risk assessment by Department of Public Health.
Sec. 22a-2. Department. Commissioner. Definitions. Permitted delegations of powers.
Sec. 22a-2a. Delegation of inspection and enforcement authority. Regulations.
Sec. 22a-2b. "Criminal negligence" defined.
Sec. 22a-2c. Office of Business Ombudsman.
Sec. 22a-3. Divisions. Deputy commissioners.
Sec. 22a-4. Agents, assistants, employees, consultants.
Sec. 22a-5. Duties and powers of commissioner.
Sec. 22a-5a. Orders. Authority of commissioner to investigate.
Sec. 22a-5b. Special funds and accounts administered by the department. Report required.
Sec. 22a-6a. Violators liable to state for costs and expenses. Statutory remedy not exclusive of others.
Sec. 22a-6b. Imposition of civil penalties by the commissioner.
Sec. 22a-6c. Hearing on orders concerning solid waste.
Sec. 22a-6d. Payment of costs associated with hearing and transcript.
Sec. 22a-6e. Imposition of civil penalties by the commissioner for water pollution violations.
Sec. 22a-6f. Fees. Due dates. Late payments. Application. Waiver.
Sec. 22a-6g. Notice of application for permit.
Sec. 22a-6h. Notice of tentative determination re permit application.
Sec. 22a-6i. Information re time frames for issuance of permits.
Sec. 22a-6j. Renewal of permits.
Sec. 22a-6k. Emergency authorization for regulated activity. Temporary authorization for
regulated activity.
Sec. 22a-6l. Posting of public notice of permit applications.
Sec. 22a-6m. Compliance history of permit applicants. Criminal history records checks.
Sec. 22a-6n. Notice of commissioner's determination regarding certain regulated activities.
Sec. 22a-6o. Transfer of licenses.
Sec. 22a-6p. Time frames for issuance of permits. Regulations.
Sec. 22a-6q. Alternative time frame for action on permit.
Sec. 22a-6r. Report on permitting efforts.
Sec. 22a-6s. Minor violations of environmental protection laws.
Sec. 22a-6t. Annual report on environmental compliance by regulated entities and enforcement actions of the commissioner.
Sec. 22a-6u. Reporting of certain significant environmental hazards required.
Sec. 22a-6v. Report on protected open space acquisition.
Sec. 22a-6w. Notice to municipality of commissioner's enforcement action.
Sec. 22a-6x. Office of Enforcement Policy and Coordination.
Sec. 22a-6y. Exemplary environmental management systems.
Sec. 22a-7. Cease and desist orders. Service. Hearings. Injunctions.
Sec. 22a-7a. Bond on appeal from final decision.
Sec. 22a-7b. Certificate showing compliance with order to correct or abate a polluted or
environmentally hazardous condition.
Sec. 22a-8. State-wide environmental plan. Advisory board. Annual conference.
Sec. 22a-8a. Commissioner to inventory hazardous waste disposal sites.
Sec. 22a-9. Commissioner as agent of state and political subdivisions.
Sec. 22a-10. Payment of refunds.
Sec. 22a-11. Council on Environmental Quality.
Sec. 22a-12. Environmental quality report. Review of state agency construction plans. Exception.
Sec. 22a-13. Citizen complaints.
Sec. 22a-14. Short title: Environmental Protection Act of 1971.
Sec. 22a-15. Declaration of policy.
Sec. 22a-16. Action for declaratory and equitable relief against unreasonable pollution.
Sec. 22a-16a. Supplemental environmental projects or financial contributions in lieu of
penalty for environmental violations.
Sec. 22a-17. Defense. Appointment of master or referee.
Sec. 22a-18. Powers of court.
Sec. 22a-19. Administrative proceedings.
Sec. 22a-19a. Historic structures and landmarks. When court costs assessed against
plaintiff.
Sec. 22a-20. Procedure supplementary to other procedures. Intervening party.
Sec. 22a-21. (Formerly Sec. 22-7a). Plan for development of outdoor recreation and other
natural resources.
Sec. 22a-21a. State assistance related to recreation and park services.
Sec. 22a-21b. Connecticut Conservation Corps.
Sec. 22a-21c. Connecticut Service Corps: Definitions.
Sec. 22a-21d. Connecticut Service Corps established. Project sponsors. Grants.
Sec. 22a-21e. Grant application.
Sec. 22a-21f. Rating system for grant applications.
Sec. 22a-21g. Project eligibility; exceptions.
Sec. 22a-21h. Annual reports by project sponsor and commissioner.
Sec. 22a-21i. Grants for operating costs of Beardsley Zoological Gardens, Bridgeport.
Sec. 22a-22. (Formerly Sec. 22-7b). Federal aid and agreements.
Sec. 22a-23. (Formerly Sec. 22-7c). Federal funds to be held in separate account.
Sec. 22a-24. (Formerly Sec. 22-7d). Powers additional to those under other statutes.
Sec. 22a-25. (Formerly Sec. 22-7e). Acquisition of land and waters.
Sec. 22a-26. (Formerly Sec. 22-7f). Conveyance or lease of land to or from governmental
agencies. Conveyance of land to municipalities or responsible parties under Comprehensive
Environmental Response, Compensation and Liability Act.
Sec. 22a-26a. State-owned properties providing public access to Long Island Sound.
Sec. 22a-27. (Formerly Sec. 22-7g). Maintenance of areas and facilities for recreation or
natural resources purposes.
Secs. 22a-27a and 22a-27b.
Sec. 22a-27c.
Sec. 22a-27d.
Sec. 22a-27e. Litter control in parking areas.
Sec. 22a-27f. Specifications of fuels. Report to commissioner.
Sec. 22a-27g. Environmental Quality Fund.
Sec. 22a-27h. Conservation Fund. Maintenance, repair and improvement account.
Sec. 22a-27i. Fees. Exemption of municipalities.
Sec. 22a-27j. Additional fee for municipal
planning, zoning, wetlands and coastal management applications. Use of
revenue. Noncompliance.
Sec. 22a-27k. Long Island Sound account.
Sec. 22a-27l. Endangered species, natural area preserve and watchable wildlife account.
Regulations.
Sec. 22a-27m. Air emissions permit operating fee account.
Sec. 22a-27n. Connecticut lighthouse preservation account.
Sec. 22a-27o. Greenways account.
Sec. 22a-27p. Private funds authorized for renovation of historical structures on state
land.
Sec. 22a-1. Policy of the state.
The
General Assembly finds that the growing population and expanding
economy of the state have had a profound impact on the life-sustaining
natural environment. The air, water, land and other natural resources,
taken for granted since the settlement of the state, are now recognized
as finite and precious. It is now understood that human activity must
be guided by and in harmony with the system of relationships among the
elements of nature. Therefore the General Assembly hereby declares that
the policy of the state of Connecticut is to conserve, improve and
protect its natural resources and environment and to control air, land
and water pollution in order to enhance the health, safety and welfare
of the people of the state. It shall further be the policy of the state
to improve and coordinate the environmental plans, functions, powers
and programs of the state, in cooperation with the federal government,
regions, local governments, other public and private organizations and
concerned individuals, and to manage the basic resources of air, land
and water to the end that the state may fulfill its responsibility as
trustee of the environment for the present and future generations.
(1971, P.A. 872, S. 1.)
Cited. 184 C. 51, 65, 72. Cited. 204 C. 38, 44. Cited. Id., 212 et seq. Cited. 212 C. 727, 736. Cited. 227 C. 71, 84. Cited.
Id., 175, 186, 199. Cited. 235 C. 448, 456.
Cited. 12 CA 47, 51. Cited. 41 CA 120, 133.
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Sec. 22a-1a. Declaration of policy: Coordination of state plans and programs.
(a) In furtherance of and pursuant to sections 22a-1 and 22a-15, the
General Assembly, recognizing the profound impact of man's activity on
the interrelations of all components of the natural environment,
particularly the profound influence of population growth, high-density
urbanization, industrial expansion, resource exploitation, and new and
expanding technological advances, and recognizing further the critical
importance of restoring and maintaining environmental quality to the
overall welfare and development of man, declares that it is the
continuing policy of the state government, in cooperation with federal
and local governments, and other concerned public and private
organizations, to use all practicable means and measures, including
financial and technical assistance, in a manner calculated to foster
and promote the general welfare, to create and maintain conditions
under which man and nature can exist in productive harmony, and fulfill
the social, economic, and other requirements of present and future
generations of Connecticut residents.
(b) In order to carry out the policy set forth in sections 22a-1a to
22a-1f, inclusive, it is the continuing responsibility of the state
government to use all practicable means, consistent with other
essential considerations of state policy, to improve and coordinate
state plans, functions, programs, and resources to the end that the
state may: (1) Fulfill the responsibility of each generation as trustee
of the environment for succeeding generations; (2) assure for all
residents of the state safe, healthful, productive, and esthetically
and culturally pleasing surroundings; (3) attain the widest range of
beneficial uses of the environment without degradation, risk to health
or safety, or other undesirable and unintended consequences; (4)
preserve important historic, cultural, and natural aspects of our
Connecticut heritage, and maintain, wherever possible, an environment
which supports diversity and variety of individual choice; (5) achieve
an ecological balance between population and resource use which will
permit high standards of living and a wide sharing of life's amenities;
(6) enhance the quality of renewable resources and approach the maximum
attainable recycling of depletable resources; and (7) practice
conservation in the use of energy, maximize the use of energy efficient
systems and minimize the environmental impact of energy production and
use.
(P.A. 73-562, S. 1, 8; P.A. 77-514, S. 1.)
History: P.A. 77-514 added Subdiv. (7) in Subsec. (b) re energy conservation.
Cited. 184 C. 51, 63, 67, 69, 72. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212
et seq.
Cited. 30 CA 204, 219. Cited. 32 CA 341, 345.
Subsec. (a):
Cited. 184 C. 51, 65.
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Sec. 22a-1b. Evaluation by state agencies of actions affecting the environment.
The General Assembly directs that, to the fullest extent possible:
(a) Each state department, institution or agency shall review its
policies and practices to insure that they are consistent with the
state's environmental policy as set forth in sections 22a-1 and 22a-1a.
(b) Each state department, institution or agency responsible for the
primary recommendation or initiation of actions which may significantly
affect the environment shall in the case of each such proposed action
make a detailed written evaluation of its environmental impact before
deciding whether to undertake or approve such action. All such
environmental impact evaluations shall be detailed statements setting
forth the following: (1) A description of the proposed action; (2) the
environmental consequences of the proposed action, including direct and
indirect effects which might result during and subsequent to the
proposed action; (3) any adverse environmental effects which cannot be
avoided and irreversible and irretrievable commitments of resources
should the proposal be implemented; (4) alternatives to the proposed
action, including the alternative of not proceeding with the proposed
action; (5) mitigation measures proposed to minimize environmental
impacts; (6) an analysis of the short term and long term economic,
social and environmental costs and benefits of the proposed action; (7)
the effect of the proposed action on the use and conservation of energy
resources; and (8) a description of the effects of the proposed action
on sacred sites or archaeological sites of state or national
importance. In the case of an action which affects existing housing,
the evaluation shall also contain a detailed statement analyzing (A)
housing consequences of the proposed action, including direct and
indirect effects which might result during and subsequent to the
proposed action by income group as defined in section 8-37aa and by
race and (B) the consistency of the housing consequences with the
long-range state housing plan adopted under section 8-37t. As used in
this section, "sacred sites" and "archaeological sites" shall have the
same meaning as in section 10-381.
(P.A. 73-562, S. 2, 8; P.A. 77-514, S. 2; P.A. 89-368, S. 15; P.A. 91-228, S. 2; P.A. 99-94, S. 7.)
History: P.A. 77-514 clarified and extended requirements for written evaluations of environmental impact re proposed
actions of state agencies, inserting new Subdivs. (1), (5), (6) and (7) and renumbering others accordingly in Subsec. (b),
and deleted Subsec. (c) which was incorporated in new form in Subsec. (b)(6); P.A. 89-368 amended Subsec. (b) by adding
Subdiv. (8) which requires environmental impact evaluations to include a description of the effects of the proposed action
on sacred or archaeological sites; P.A. 91-228 added provisions re content of evaluations of actions which affect existing
housing; P.A. 99-94 amended Subsec. (b) by changing "state housing advisory plan" to "long-range state housing plan".
Cited. 184 C. 51, 63, 66, 68, 69, 72. Cited. 193 C. 506, 509. Cited. 204 C. 38, 44. "Environmental policy act (Secs.
22a-1−22a-13)" cited. Id., 212 et seq.
Subsec. (b):
Cited. 184 C. 51, 55, 64, 66, 68. Cited. 204 C. 212, 217, 218, 221.
Cited. 19 CA 334, 336.
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Sec. 22a-1c. Actions affecting environment defined.
Actions which may significantly affect the environment are defined for
the purposes of section 22a-1b as individual activities or a sequence
of planned activities proposed to be undertaken by state departments,
institutions or agencies, or funded in whole or in part by the state,
which could have a major impact on the state's land, water, air,
historic structures and landmarks as defined in section 10-320c,
existing housing, or other environmental resources, or could serve
short term to the disadvantage of long term environmental goals. For
the purposes of section 22a-1b, actions shall include but not be
limited to new projects and programs of state agencies and new projects
supported by state contracts and grants, but shall not include (1)
emergency measures undertaken in response to an immediate threat to
public health or safety; or (2) activities in which state agency
participation is ministerial in nature, involving no exercise of
discretion on the part of the state department, institution or agency.
(P.A. 73-562, S. 3, 8; P.A. 77-514, S. 3; P.A. 81-177, S. 1; P.A. 91-228, S. 1.)
History: P.A. 77-514 redefined actions which may
significantly affect the environment as those defined "for the purposes
of section 22a-1b as individual activities or a sequence of planned
activities ..." rather than as "projects" and added provision
specifically excluding certain actions from consideration as actions
significantly affecting the environment; P.A. 81-
177 included activities which have impact on historic structures and
landmarks as actions which significantly affect the environment; P.A.
91-228 included activities which impact existing housing as actions
which affect the environment.
Cited. 184 C. 51, 63, 68, 69, 72. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212
et seq. Cited. 227 C. 71, 85.
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Sec. 22a-1d. Review of evaluations. Notification to municipalities and agencies.
(a) Evaluations required by sections 22a-1a to 22a-1f, inclusive, and a
summary thereof, including any negative findings, and environmental
statements otherwise required and prepared subsequent to July 8, 1975,
shall be submitted for comment and review to the Council on
Environmental Quality, the Department of Environmental Protection, the
Connecticut Historical Commission, the Department of Economic and
Community Development in the case of a proposed action that affects
existing housing, and other appropriate agencies, and to the town clerk
of each municipality affected thereby, and shall be made available to
the public for inspection and comment at the same time. The department,
institution or agency responsible for preparing an evaluation shall
publish forthwith a notice of the availability of such evaluation and
summary in a newspaper of general circulation in the municipality at
least once a week for three consecutive weeks and in the Connecticut
Law Journal. The department, institution, or agency preparing an
evaluation required by section 22a-1b or finding that proposed action
shall have no significant environmental impact, shall hold a public
hearing on the evaluation or finding that proposed action shall have no
significant environmental impact if twenty-five persons or an
association having not less than twenty-five persons requests such a
hearing within ten days of the publication of the notice in the
Connecticut Law Journal.
(b) All comments received by the agency, department or institution preparing the
evaluation shall be forwarded to the Secretary of the Office of Policy and Management.
(c) All comments so forwarded to the Secretary of the Office of Policy and Management shall be available for public inspection.
(P.A. 73-562, S. 5, 6, 8; P.A. 75-621, S. 1, 2; P.A. 77-514, S. 4; 77-614, S. 19, 610; P.A. 81-177, S. 2; P.A. 91-228, S.
3; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 75-621 required submission of
summary including negative findings as well as evaluations and
environmental statements, added town clerks of affected municipalities
as recipients of evaluations, summaries, etc. and required publication
of notice of availability of evaluations, etc. in Subsec. (a) and
deleted Subsec. (d) which had required that evaluations, etc. conform
to regulations of environmental protection commissioner; P.A. 77-514
transferred responsibility for publication of availability notice from
town clerks to department or agency responsible for preparing
evaluation in question, required publication in Connecticut Law Journal
as well as in newspaper and added provision re public hearings; P.A.
77-614 replaced state planning council with secretary of the office of
policy and management; P.A. 81-177 amended Subsec. (a) by requiring
that evaluations be submitted to the historical commission and
authorizing a hearing on the finding of no significant environmental
impact; P.A. 91-228 amended Subsec. (a) to require that evaluations of
actions that affect existing housing be submitted to the department of
housing; P.A. 95-250 and P.A. 96-211 replaced Commissioner and
Department of Housing with Commissioner and Department of Economic and
Community Development.
See chapter 54 re uniform administrative procedure.
Cited. 184 C. 51, 63, 68, 72. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
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Sec. 22a-1e. Review and determination by Office of Policy and Management.
The Office of Policy and Management shall review all such evaluations
and statements, together with the comments thereon, and shall make a
written determination as to whether such evaluation satisfies the
requirements of this part and regulations adopted pursuant thereto,
which determination shall be made public and forwarded to the agency,
department or institution preparing such evaluation. Such determination
may require the revision of any evaluation found to be inadequate. Any
member of the Office of Policy and Management which has prepared an
evaluation and submitted it for review shall not participate in the
decision of the office on such evaluation. The agency, department or
institution preparing the evaluation shall take into account all public
and agency comments when making its final decision on the proposed
action.
(P.A. 73-562, S. 7, 8; P.A. 77-514, S. 6; 77-614, S. 19, 54, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 77-514 replaced provision requiring
submission of council's recommendations to governor with provision
requiring submission of council's determinations to agency which
prepared the evaluation in question and added provisions re required
revisions and responsible conduct by state council members and
evaluating agencies with regard to determinations and actions upon
final decisions on proposed projects; P.A. 77-614 and P.A. 78-303
replaced state planning council with office of policy and management.
Cited. 184 C. 51, 63, 69, 72. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
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Sec. 22a-1f. Exceptions. (a) Evaluations required by section 22a-1b need not be
prepared for projects for which environmental statements have previously been prepared
pursuant to other state or federal laws or regulations, provided all such statements shall
be considered and reviewed as if they were prepared under sections 22a-1a to 22a-1f,
inclusive.
(b) Evaluations required by section 22a-1b shall not be required for
the Connecticut Juvenile Training School project, as defined in
subsection (l) of section 4b-55, or a project, as defined in
subdivision (16) of section 10a-109c, which involves the conversion of
an existing structure for educational rather than office or commercial
use.
(c) A constituent unit of the state system of higher education may provide for the
evaluations required pursuant to section 22a-1b for any priority higher education facility
project, as defined in subsection (f) of section 4b-55, or for any higher education project
involving an expenditure of not more than two million dollars, by (1) reviewing and
filing the evaluation for such project with the Office of Policy and Management for
its review pursuant to section 22a-1e, or (2) including such project in a cumulative
environmental assessment approved by the Office of Policy and Management.
(P.A. 73-562, S. 4, 8; P.A. 89-353, S. 4, 8; P.A. 91-230, S. 5, 17; P.A. 93-201, S. 10, 24; P.A. 95-230, S. 42, 45; P.A.
97-293, S. 25, 26; P.A. 99-26, S. 6, 39; 99-75, S. 12.)
History: P.A. 89-353 designated existing
provisions as Subsec. (a) and added Subsec. (b) exempting emergency
correctional facility project from evaluations requirement; P.A. 91-230
added Subsec. (c) concerning priority higher education facility
projects; P.A. 93-201 amended Subsec. (c) to include any higher
education project involving an expenditure of not more than two million
dollars, effective July 1, 1993; P.A. 95-230 amended Subsec. (b) to add
UCONN 2000 projects, effective June 7, 1995; P.A. 97-293 made a
technical change in Subsec. (b), effective July 1, 1997; P.A. 99-26
amended Subsec. (b) to exempt the Connecticut Juvenile Training School
project, effective May 7, 1999; P.A. 99-75 repealed reference to "an
emergency correctional facility project" in Subsec. (b).
Cited. 184 C. 51, 63, 69, 72. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
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Sec. 22a-1g. Regulations.
Within six months of October 1, 1977, the Commissioner of Environmental
Protection shall adopt regulations to implement the provisions of
sections 22a-1a to 22a-1f, inclusive. Such regulations shall include:
(1) Specific criteria for determining whether or not a proposed action
may significantly affect the environment; (2) provision for enumerating
actions or classes of actions which are subject to the requirements of
this part; (3) guidelines for the preparation of environmental impact
evaluations, including the content, scope and form of the evaluations
and the environmental, social and economic factors to be considered in
such evaluations and (4) procedures for timely and thorough state
agency and public review and comment on all environmental impact
evaluations required by this part and for such other matters as may be
needed to assure effective public participation and efficient
implementations of this part.
(P.A. 77-514, S. 5.)
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
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Sec. 22a-1h. Environmental impact evaluations. Until the adoption of regulations in accordance with the provisions of section 22a-1g, each state agency, department
and institution shall prepare environmental impact evaluations in accordance with sections 22a-1b, 22a-1c and 22a-1d.
(P.A. 77-514, S. 7.)
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" Cited. Id., 212 et seq.
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Sec. 22a-2. Department. Commissioner. Definitions. Permitted delegations of
powers. (a) There shall be a Department of Environmental Protection which shall have
jurisdiction over all matters relating to the preservation and protection of the air, water
and other natural resources of the state. Said department shall be under the direction of
a Commissioner of Environmental Protection who shall be appointed in accordance
with the provisions of sections 4-5 to 4-8, inclusive.
(b) As used in this title and chapters 263, 268, 348, 360, 447, 448,
449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where
otherwise provided, "commissioner" means the Commissioner of
Environmental Protection or his designated agent. The Commissioner of
Environmental Protection shall have the authority to designate as his
agent (1) any deputy commissioner to exercise all or part of the
authority, powers and duties of said commissioner in his absence, (2)
any deputy commissioner or any employee, assistant or agent employed
pursuant to section 22a-4 to exercise such authority of the
Commissioner of Environmental Protection as he delegates for the
administration or enforcement of any applicable statute, regulation,
permit or order, (3) the Commissioner of Public Safety and any local
air pollution control official or agency to exercise such authority as
the Commissioner of Environmental Protection delegates for the
enforcement of any applicable statute, regulation, order or permit
pertaining to air pollution, except the authority to render a final
decision, after a hearing, assessing a civil penalty under said section
22a-6b, and (4) any municipal police department the authority to
enforce the provisions of chapters 268 and 490.
(c) As used in this chapter, and chapters 263, 268, 348, 360, 440,
446d, 446i, 446k, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490
and 495, except where otherwise provided, "person" means any
individual, firm, partnership, association, syndicate, company, trust,
corporation, limited liability company, municipality, agency or
political or administrative subdivision of the state, or other legal
entity of any kind.
(1971, P.A. 872, S. 2; P.A. 73-665, S. 5, 17; P.A. 74-187, S. 4; P.A. 75-441, S. 1, 2; P.A. 77-41, S. 1, 2; 77-614, S. 486,
610; P.A. 89-224, S. 11, 22; P.A. 90-173, S. 7; 90-230, S. 32, 101; P.A. 92-162, S. 1, 25; P.A. 93-428, S. 32, 39; P.A. 95-
79, S. 90, 189.)
History: P.A. 73-665 added Subsecs. (b) and (c)
defining "commissioner" and "person" and setting forth list of those
who may serve as commissioner's agents; P.A. 74-187 added references to
chapter 440 in Subsecs. (b) and (c); P.A. 75-
441 added Subdiv. (4) in Subsec. (b) authorizing municipal police
departments to serve as commissioner's agents in enforcing chapters 268
and 490; P.A. 77-41 authorized deputy commissioners to act for
commissioner under Subdiv. (2) of Subsec. (b); P.A. 77-614 substituted
commissioner of public safety for commissioner of state police in
Subsec. (b), effective January 1, 1979; P.A. 89-224 added references to
chapter 495; P.A. 90-173 and 90-230 corrected internal references in
Subsecs. (b) and (c); P.A. 92-162 amended Subsec. (b) to apply the
definition of commissioner throughout title 22a; P.A. 93-428 deleted
provision disallowing delegation of authority of the commissioner to
render a final decision assessing administrative civil penalties,
effective July 1, 1993; P.A. 95-79 amended Subsec. (c) to redefine
"person" to include a limited liability company, effective May 31, 1995.
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq. Cited. 226 C. 737, 748.
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Sec. 22a-2a. Delegation of inspection and enforcement authority. Regulations.
(a) The Commissioner of Environmental Protection may designate as his
agent any state or regional agency, municipality, or public water
utility operated by a municipality or other political subdivision of
the state or employee thereof and delegate to such agent the authority
to inspect in connection with the enforcement of or to enforce any of
the provisions of chapters 246, 247, 248, 255 and 268, sections 22a-28
to 22a-35, inclusive, subsection (c) of section 22a-66a, section
22a-123, sections 22a-207 to 22a-219, inclusive, section 22a-250,
sections 22a-359 to 22a-361, inclusive, chapters 442, 446c and 446k,
title 23, title 26, sections 29-28, 29-35, 29-38, 53-134, 53-190,
53-191, 53-194, 53-203, 53-204, 53-205, 53a-59 to 53a-64, inclusive,
and 53a-100 to 53a-117, inclusive, subsection (b) of section 53a-119b,
sections 53a-122 to 53a-125, inclusive, 53a-130, 53a-133 to 53a-136,
inclusive, 53a-147 to 53a-149, inclusive, 53a-157b, 53a-165 to
53a-167c, inclusive, 53a-171, 53a-181 to 53a-183, inclusive, 54-33d,
54-33e and subsection (b) of section 22a-134p or any regulation, permit
or order issued pursuant thereto, except the authority to render a
final decision, after a hearing, assessing a civil penalty in
accordance with the provisions of section 22a-6b. Any designation of
authority by the commissioner shall be with the consent of such state
or regional agency, municipality or public water utility operated by a
municipality or other political subdivision of the state. Delegation of
authority to an agent of such a public water utility shall be limited
to inspection authority and such delegation shall include provision for
training of inspectors, in a manner specified by the Commissioner of
Environmental Protection. The expense for such training shall be borne
by the designated public water utility seeking such designation.
(b) The Commissioner of Environmental Protection shall adopt
regulations in accordance with the provisions of chapter 54 and this
section setting forth the scope of any delegation and any authority not
specifically included shall be deemed not to have been delegated. The
regulations shall include but not be limited to: (1) Procedures for
requesting and accepting any delegation; (2) qualifications and
standards of conduct for a designee; (3) training and reporting
requirements for a designee; (4) the time period during which any
delegation shall be valid and a renewal period; (5) procedures for
review of the performance of a designee and for revocation of a
delegation; (6) procedures for review and assessment of the benefits
and liabilities to the Department of Environmental Protection of
delegation including analysis of the administrative and financial
costs, and (7) criteria and procedures for appeal to the Commissioner
of Environmental Protection of any decision by a designee acting within
the scope of the delegation.
(c) Prior to adoption of such regulations, the Commissioner of
Environmental Protection shall consider: (1) Whether a potential
designee has or can obtain knowledge and training to carry out the
delegated authority; (2) whether the delegated authority is within the
jurisdiction of a potential designee pursuant to any other statute,
regulation or local ordinance; and (3) whether a potential designee has
the financial and administrative capacity to carry out the delegation.
(d) Notwithstanding any delegation of authority pursuant to this
section, the Commissioner of Environmental Protection shall retain
authority to act under the provisions of said sections and any decision
by the commissioner shall preempt the decision of a designee.
(P.A. 83-237; 83-587, S. 77, 96; P.A. 85-116; 85-392, S. 3, 5; 85-613, S. 127; P.A. 88-247, S. 5; P.A. 89-209, S. 3;
P.A. 91-263, S. 7, 8.)
History: P.A. 83-587 made technical change; P.A.
85-116 authorized the commissioner to delegate authority to inspect and
to enforce statutory provisions re conservation; P.A. 85-392 amended
Subsec. (a) to authorize delegation of noise pollution control; P.A.
85-613 made technical changes in list of cited sections under Subsec.
(a); P.A. 88-247 amended Subsec. (a) to authorize delegation of Subsec.
(c) of Sec. 22a-66a, concerning posting of signs notifying the public
of the application of pesticides; P.A. 89-209 amended Subsec. (a) to
authorize commissioner to delegate inspection and enforcement of
regulations re storage of hazardous substances near a water course by
adding reference to Sec. 22a-134p; P.A. 91-
263 amended Subsec. (a) to authorize public water utilities to act as
commissioner's agent and to provide for related training for agents of
such utilities.
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
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Sec. 22a-2b. "Criminal negligence" defined. For purposes of this title, "criminal
negligence" shall have the same meaning as in subdivision (14) of section 53a-3.
(P.A. 90-247, S. 7.)
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-2c. Office of Business Ombudsman. There is established within the Department of Environmental Protection the Office of Business Ombudsman. Such office
shall provide information to businesses on environmental programs and requirements,
including information on permits, and shall coordinate and serve as a liaison between
the department and programs affecting businesses.
(P.A. 91-376, S. 6, 10.)
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Sec. 22a-3. Divisions. Deputy commissioners. Section 22a-3 is repealed.
(1971, P.A. 872, S. 4; P.A. 77-614, S. 609, 610.)
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Sec. 22a-4. Agents, assistants, employees, consultants. The commissioner may,
subject to the provisions of chapter 67, employ such agents, assistants and employees
as he deems necessary to carry out his duties and responsibilities. He may retain and
employ other consultants and assistants on a contract or other basis for rendering legal,
financial, technical or other assistance and advice.
(1971, P.A. 872, S. 5.)
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
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Sec. 22a-5. Duties and powers of commissioner.
The commissioner shall carry out the environmental policies of the
state and shall have all powers necessary and convenient to faithfully
discharge this duty. In addition to, and consistent with the
environment policy of the state, the commissioner shall (a) promote and
coordinate management of water, land and air resources to assure their
protection, enhancement and proper allocation and utilization; (b)
provide for the protection and management of plants, trees, fish,
shellfish, wildlife and other animal life of all types, including the
preservation of endangered species; (c) provide for the protection,
enhancement and management of the public forests, parks, open spaces
and natural area preserves; (d) provide for the protection, enhancement
and management of inland, marine and coastal water resources,
including, but not limited to, wetlands, rivers, estuaries and
shorelines; (e) provide for the prevention and abatement of all water,
land and air pollution including, but not limited to, that related to
particulates, gases, dust, vapors, noise, radiation, odors, nutrients
and cooled or heated liquids, gases and solids; (f) provide for control
of pests and regulate the use, storage and disposal of pesticides and
other chemicals which may be harmful to man, sea life, animals, plant
life or natural resources; (g) regulate the disposal of solid waste and
liquid waste, including but not limited to, domestic and industrial
refuse, junk motor vehicles, litter and debris, which methods shall be
consistent with sound health, scenic environmental quality and land use
practices; (h) regulate the storage, handling and transportation of
solids, liquids and gases which may cause or contribute to pollution;
and (i) provide for minimum state-wide standards for the mining,
extraction, excavation or removal of earth materials of all types.
(1971, P.A. 872, S. 6.)
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq. Cited. 226 C. 737, 748.
Cited. 227 C. 545, 559. Cited. 238 C. 216.
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Sec. 22a-5a. Orders. Authority of commissioner to investigate.
Except as otherwise provided, whenever any section in this title
authorizes the commissioner to order a person to abate, correct or
remedy any violation, condition, pollution or potential source of
pollution, such order may require investigation, study, data gathering
or monitoring as the commissioner deems appropriate to assure that the
violation, condition or pollution is abated, corrected or remedied.
(P.A. 90-247, S. 5.)
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Sec. 22a-5b. Special funds and accounts administered by the department. Report required.
On or before February fifteenth, annually, the Commissioner of
Environmental Protection shall submit a report to the joint standing
committee of the General Assembly having cognizance of matters relating
to appropriations and the budgets of state agencies, through the
legislative Office of Fiscal Analysis. The report shall set forth, for
the current and the ensuing fiscal year, the estimated expenditure
requirements and estimated revenue for each special fund or special
account administered by the Department of Environmental Protection. The
report shall also set forth, for such fiscal years, for each program
which receives funds from a special fund or account: The number of
positions funded by such fund or account, the estimated expenditures
for personal services, other expenses and equipment, and estimated
revenue.
(June Sp. Sess. P.A. 91-10, S. 14, 20.)
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Sec. 22a-6. Commissioner to establish environmental standards, regulations
and fees, to make contracts and studies and to issue permits. Complaints. Hearings.
Bonds. Notice of contested cases.
(a) The commissioner may: (1) Adopt, amend or repeal, in accordance
with the provisions of chapter 54, such environmental standards,
criteria and regulations, and such procedural regulations as are
necessary and proper to carry out his functions, powers and duties; (2)
enter into contracts with any person, firm, corporation or association
to do all things necessary or convenient to carry out the functions,
powers and duties of the department; (3) initiate and receive
complaints as to any actual or suspected violation of any statute,
regulation, permit or order administered, adopted or issued by him. The
commissioner shall have the power to hold hearings, administer oaths,
take testimony and subpoena witnesses and evidence, enter orders and
institute legal proceedings including, but not limited to, suits for
injunctions, for the enforcement of any statute, regulation, order or
permit administered, adopted or issued by him; (4) in accordance with
regulations adopted by him, require, issue, renew, revoke, modify or
deny permits, under such conditions as he may prescribe, governing all
sources of pollution in Connecticut within his jurisdiction; (5) in
accordance with constitutional limitations, enter at all reasonable
times, without liability, upon any public or private property, except a
private residence, for the purpose of inspection and investigation to
ascertain possible violations of any statute, regulation, order or
permit administered, adopted or issued by him and the owner, managing
agent or occupant of any such property shall permit such entry, and no
action for trespass shall lie against the commissioner for such entry,
or he may apply to any court having criminal jurisdiction for a warrant
to inspect such premises to determine compliance with any statute,
regulation, order or permit administered, adopted or enforced by him,
provided any information relating to secret processes or methods of
manufacture or production ascertained by the commissioner during, or as
a result of, any inspection, investigation, hearing or otherwise shall
be kept confidential and shall not be disclosed except that,
notwithstanding the provisions of subdivision (5) of subsection (b) of
section 1-210, such information may be disclosed by the commissioner to
the United States Environmental Protection Agency pursuant to the
federal Freedom of Information Act of 1976, (5 USC 552) and regulations
adopted thereunder or, if such information is submitted after June 4,
1986, to any person pursuant to the federal Clean Water Act (33 USC
1251 et seq.); (6) undertake any studies, inquiries, surveys or
analyses he may deem relevant, through the personnel of the department
or in cooperation with any public or private agency, to accomplish the
functions, powers and duties of the commissioner; (7) require the
posting of sufficient performance bond or other security to assure
compliance with any permit or order; (8) provide by notice printed on
any form that any false statement made thereon or pursuant thereto is
punishable as a criminal offense under section 53a-157b; (9) construct
or repair or contract for the construction or repair of any dam or
flood and erosion control system under his control and management, make
or contract for the making of any alteration, repair or addition to any
other real asset under his control and management, including rented or
leased premises, involving an expenditure of five hundred thousand
dollars or less, and, with prior approval of the Commissioner of Public
Works, make or contract for the making of any alteration, repair or
addition to such other real asset under his control and management
involving an expenditure of more than five hundred thousand dollars but
not more than one million dollars; (10) by regulations adopted in
accordance with the provisions of chapter 54 require the payment of a
fee sufficient to cover the reasonable cost of the search, duplication
and review of records requested under the Freedom of Information Act,
as defined in section 1-200, and the reasonable cost of reviewing and
acting upon an application for and monitoring compliance with the terms
and conditions of any state or federal permit, license, registration,
order, certificate or approval required pursuant to subsection (i) of
section 22a-39, subsections (c) and (d) of section 22a-96, subsections
(h), (i) and (k) of section 22a-424, and sections 22a-6d, 22a-32,
22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174, 22a-174a,
22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-361, 22a-363c,
22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 to
22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and
Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs
may include, but are not limited to the costs of (A) public notice, (B)
reviews, inspections and testing incidental to the issuance of and
monitoring of compliance with such permits, licenses, orders,
certificates and approvals, and (C) surveying and staking boundary
lines. The applicant shall pay the fee established in accordance with
the provisions of this section prior to the final decision of the
commissioner on the application. The commissioner may postpone review
of an application until receipt of the payment. Payment of a fee for
monitoring compliance with the terms or conditions of a permit shall be
at such time as the commissioner deems necessary and is required for an
approval to remain valid; and (11) by regulations adopted in accordance
with the provisions of chapter 54, require the payment of a fee
sufficient to cover the reasonable cost of responding to requests for
information concerning the status of real estate with regard to
compliance with environmental statutes, regulations, permits or orders.
Such fee shall be paid by the person requesting such information at the
time of the request. Funds not exceeding two hundred thousand dollars
received by the commissioner pursuant to subsection (g) of section
22a-174, during the fiscal year ending June 30, 1985, shall be
deposited in the General Fund and credited to the appropriations of the
Department of Environmental Protection in accordance with the
provisions of section 4-86, and such funds shall not lapse until June
30, 1986. In any action brought against any employee of the department
acting within his scope of delegated authority in performing any of the
above-listed duties, the employee shall be represented by the Attorney
General.
(b) Notwithstanding the provisions of subsection (a) of this section no
municipality shall be required to pay more than fifty per cent of any
fee established by the commissioner pursuant to said subsection and any
municipality which paid any such fee on or after May 15, 1984, and
prior to October 1, 1985, shall be entitled to a credit to the extent
of any amount so paid against the payment of any fees required pursuant
to subsection (c) on or after October 1, 1985.
(c) The commissioner shall adopt regulations in accordance with the
provisions of chapter 54 establishing a separate fee schedule for the
payment of fees by municipalities. The schedule of fees paid by
municipalities pursuant to section 22a-430 shall be graduated and
reflect the sum of the average daily flows of wastewater in a
municipality applying for a permit.
(d) The Commissioner of Environmental Protection shall provide notice of any
proceeding involving a specific site if any decision by the commissioner concerning
such site is contested. The notice shall be sent to the chief executive officer of the
municipality in which such site is located and to each member of the legislature in whose
district such site is located. A copy of such notice shall be made a part of the record of
any other proceeding before the commissioner on such site.
(e) Whenever the commissioner issues an order to enforce any statute, regulation,
permit or order administered or issued by him, any person or municipality aggrieved
by such order may, except as otherwise provided by law, request a hearing before the
commissioner within thirty days from the date such order is sent. Such hearing shall be
conducted in accordance with the procedures provided by chapter 54.
(f) The provisions of sections 22a-45a and 22a-174, subsection (r) of
section 22a-
208a, sections 22a-349a, 22a-354p, 22a-378a, 22a-411 and 22a-430b and
subsection (d) of section 22a-454 which authorize the issuance of
general permits shall not affect the authority of the commissioner,
under any statute or regulation, to abate pollution or to enforce the
laws under his jurisdiction, including the authority to institute legal
proceedings. Such proceedings may include summary suspension in
accordance with subsection (c) of section 4-182. The commissioner may
reissue, modify, revoke or suspend any general permit in accordance
with the procedures set forth for the issuance of such permit.
(g) The Commissioner of Environmental Protection may adopt regulations,
in accordance with the provisions of chapter 54, establishing a
schedule of subscription fees to cover the reasonable cost to the
Department of Environmental Protection of responding to requests for
notices of applications for permits and other licenses and tentative
determinations thereon issued by the commissioner.
(h) The commissioner may adopt regulations pertaining to activities for
which the federal government has adopted standards or procedures. All
provisions of such regulations which differ from the applicable federal
standards or procedures shall be clearly distinguishable from such
standards or procedures either on the face of the proposed regulation
or through supplemental documentation accompanying the proposed
regulation at the time of the public hearing on such regulation
required under chapter 54. An explanation for all such provisions shall
be included in the regulation-making record required under chapter 54.
This subsection shall apply to any regulation for which a notice of
intent to adopt is published on and after July 1, 1999.
(1971, P.A. 872, S. 7; P.A. 73-665, S. 3, 17; P.A. 74-188; P.A. 81-227, S. 1; P.A. 82-91, S. 17, 38; 82-180; P.A. 83-
555, S. 1; June Sp. Sess. P.A. 83-38, S. 3; P.A. 84-120, S. 2; 84-542, S. 5; 84-546, S. 68, 173; P.A. 85-392, S. 1, 5; 85-
515, S. 1; P.A. 85-571, S. 14; P.A. 86-277, S. 1, 4; 86-403, S. 48, 132; P.A. 87-98; 87-144; 87-219, S. 1, 2; 87-496, S. 90,
110; P.A. 89-139; 89-197; P.A. 90-231, S. 22, 28; P.A. 91-200, S. 1, 3; P.A. 92-51; 92-162, S. 2, 25; 92-217, S. 1, 5; P.A.
93-428, S. 13, 39; P.A. 96-145, S. 9; P.A. 97-47, S. 44; P.A. 98-134, S. 3.)
History: P.A. 73-665 replaced alphabetic Subdiv.
indicators with numeric ones, deleted listing of specific sections and
chapters with regard to which commissioner has power, granted
commissioner power to make "procedural regulations", deleted references
to powers of commissioner's agents, empowered commissioner to control
permits, allowed commissioner to obtain warrant for inspection
purposes, empowered commissioner to require performance bonds and to
provide notice that false statement is a criminal offense and deleted
provisions re procedure for hearings held by commissioner or hearing
officer appointed by him; P.A. 74-188 added Subdiv. (9) re
commissioner's power to make contracts; P.A. 81-
227 authorized the commissioner to enter upon private property without
liability and without being subject to suit for trespass and required
that attorney general represent department employees in suits against
them for actions performed in course of their duties; P.A. 82-91 added
Subdiv. (10) which authorized commissioner, by regulation, to require
payment of fee to cover cost of reviewing application for and
monitoring compliance with terms of various permits, licenses, orders,
certificates or approvals, and provided that all funds received by
commissioner under this section and subsection (g) of Sec. 19-508
during fiscal year 82-83 shall be deposited in general fund, credited
to appropriations of department and shall not lapse until June 30,
1984; P.A. 82-180 amended Subdiv. (5) to authorize disclosure of
information to the Environmental Protection Agency pursuant to federal
law; P.A. 83-555 empowered the commissioner to require the payment of a
fee for acting upon and monitoring compliance with permits required by
Secs. 22a-424, 22a-174 and 22a-368, specified the time of payment for
an application and any subsequent monitoring of compliance with the
terms of a permit and extended time for deposit of funds received in
general fund and time at which funds lapse by one year; June Sp. Sess.
P.A. 83-38 allowed the commissioner of environmental protection to
construct or repair any dam or flood or erosion control system
involving an expenditure of less than two hundred fifty thousand
dollars and allowed the commissioner to contract for the repair or
alteration of any real asset under his control involving an expenditure
of one hundred thousand dollars or less and to do the same for real
assets involving an expenditure between one hundred thousand dollars
and two hundred fifty thousand dollars, with the prior approval of the
commissioner of administrative services, replacing provision which had
authorized commissioner to contract for repairs, etc. costing fifty
thousand dollars or less but which had required bids for expenditures
between twenty-five thousand and fifty thousand dollars; P.A. 84-120
amended Subdiv. (10) to authorize a fee for monitoring compliance with
the terms and conditions of any registration; P.A. 84-542 limited the
funds received pursuant to section 22a-174 and which are earmarked for
the department of environmental protection for the fiscal year ending
June 30, 1985, to two hundred thousand dollars; P.A. 84-546 made
technical changes to section and added language re payment of fee; P.A.
85-392 amended Subdiv. (10) to authorize a fee for solid waste permits,
adding references to Secs. 22a-208 and 22a-
209; P.A. 85-515 made existing provisions Subsec. (a) and added Subsec.
(b), re amount of fees paid by municipalities and adoption of
regulations establishing municipal fee schedules; P.A. 85-571 added
provision in Subsec. (b) entitling any municipality paying fee on or
after May 15, 1984, and prior to October 1, 1985 to a credit, and
divided Subsec. (b) to create Subsecs. (b) and (c); P.A. 86-277 amended
Subdiv. (1) of Subsec. (a) by requiring public hearings for amendments
to regulations that incorporate amendments to federal law which is a
part of state regulation only upon request of a group of fifteen
persons or more or a governmental subdivision or agency, and amended
Subdiv. (5) of Subsec. (a) by authorizing disclosure of information
submitted after June 4, 1986; P.A 86-403 made technical changes in
Subsec. (a); P.A. 87-98 amended Subdiv. (1) of Subsec. (a) to delete
provisions re public hearings on regulations; P.A. 87-144 added Subsec.
(d) re notice of proceedings involving specific sites; P.A. 87-219
amended Subsec. (a) by adding Subdiv. (11) authorizing the commissioner
to charge a fee to determine the status of real estate; P.A. 87-496
substituted "public works" for "administrative services" commissioner
in Subsec. (a); the numeric subparagraph indicators in Subdiv. (10) of
Subsec. (a) were changed editorially by the Revisors to alphabetic
indicators in 1989 in the interests of consistency of usage; P.A.
89-139 doubled expenditure limits in Subsec. (a)(9); P.A. 89-197
amended Subdiv. (10) to authorize a fee for reviews of transfers of
hazardous waste establishments under Sec. 22a-134a; P.A. 90-231 amended
Subdiv. (10) of Subsec. (a) to require that fees cover cost of search,
duplication and review of records requested under freedom of
information act and to add references to Secs. 22a-6d, 22a-134e,
22a-135, 22a-148, 22a-150, 22a-174a, 22a-363c, 22a-372, 22a-379,
22a-409, 22a-449 and 22a-
454a to 22a-454c, inclusive; P.A. 91-200 amended Subsec. (a) to
authorize all expenditures of five hundred thousand dollars or less,
eliminating previous distinction between expenditures for dams or flood
control systems and those involving other real assets and to increase
expenditure limit where prior approval has been obtained from five
hundred thousand to one million dollars; P.A. 92-51 added Subsec. (e)
re hearings on orders of the commissioner; P.A. 92-162 added new
Subsec. (f) re authority of commissioner relative to general permits
issued under title 22a; P.A. 92-217 amended Subsec. (a) to authorize
the commissioner to adopt regulations re fees for applications and
monitoring compliance with Section 401 of the federal Clean Water Act;
P.A. 93-428 added new Subsec. (g) re subscription fees for notices of
permit applications, effective July 1, 1993; P.A. 96-145 deleted a
reference to repealed Sec. 22a-384 in Subsec. (a); P.A. 97-47 amended
Subsec. (a) by inserting reference to Sec. 1-18a; P.A. 98-134 added new
Subsec. (h) re adoption of regulations which differ from applicable
federal standards.
See chapter 54 re uniform administrative procedure.
See Sec. 22a-27i re exemption of municipality for one year.
Cited. 192 C. 591, 596. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
Cited. 215 C. 82, 86. Cited. 227 C. 545, 559.
Cited. 19 CA 216, 220.
Subsec. (a):
Subdiv. (3) cited. 237 C. 135, 136, 157, 158.
Subdiv. (3) cited. 41 CA 120, 121.
Subsec. (d):
Cited. 239 C. 124.
Subsec. (e):
Cited. 229 C. 654, 659, 662.
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Sec. 22a-6a. Violators liable to state for costs and expenses. Statutory remedy
not exclusive of others.
(a) Any person who knowingly or negligently violates any provision of
section 14-100b or 14-164c, subdivision (3) of subsection (b) of
section 15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7,
chapter 440, chapter 441, section 22a-69 or 22a-74, subsection (b) of
section 22a-134p, section 22a-162, 22a-171, 22a-174, 22a-175, 22a-177,
22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a,
22a-209, 22a-213, 22a-220, 22a-225, 22a-231, 22a-336, 22a-342, 22a-345,
22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-361, 22a-362, 22a-365
to 22a-379, inclusive, 22a-401 to 22a-411, inclusive, 22a-416, 22a-417,
22a-424 to 22a-
433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458,
22a-461, 22a-
462 or 22a-471, or any regulation, order or permit adopted or issued
thereunder by the Commissioner of Environmental Protection shall be
liable to the state for the reasonable costs and expenses of the state
in detecting, investigating, controlling and abating such violation.
Such person shall also be liable to the state for the reasonable costs
and expenses of the state in restoring the air, waters, lands and other
natural resources of the state, including plant, wild animal and
aquatic life to their former condition insofar as practicable and
reasonable, or, if restoration is not practicable or reasonable, for
any damage, temporary or permanent, caused by such violation to the
air, waters, lands or other natural resources of the state, including
plant, wild animal and aquatic life and to the public trust therein.
Institution of a suit to recover for such damage, costs and expenses
shall not preclude the application of any other remedies.
(b) Whenever two or more persons knowingly or negligently violate any
provision of section 14-100b or 14-164c, subdivision (3) of subsection
(b) of section 15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or
22a-7, chapter 440, chapter 441, subsection (b) of section 22a-134p,
section 22a-162, 22a-171, 22a-174, 22a-175, 22a-177, 22a-
178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209,
22a-213, 22a-
220, 22a-225, 22a-231, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347,
22a-349a, 22a-
358, 22a-359, 22a-361, 22a-362, 22a-365 to 22a-379, inclusive, 22a-401
to 22a-411, inclusive, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive,
22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 22a-462
or 22a-471, or any regulation, order or permit adopted or issued
thereunder by the commissioner and responsibility for the damage caused
thereby is not reasonably apportionable, such persons shall, subject to
a right of equal contribution, be jointly and severally liable under
this section.
(c) Any person whose acts outside Connecticut contribute to environmental damage
in Connecticut shall be subject to suit under this section if such person is subject to in
personam jurisdiction within this state pursuant to section 52-59b, or if such person, in
person or through an agent, expects or should reasonably expect his acts outside this
state to have an effect upon the environment in this state and process upon any such
person shall be served in the manner set forth in section 52-59b.
(P.A. 73-665, S. 1, 17; P.A. 74-338, S. 61, 94; P.A. 77-529, S. 28, 29; P.A. 78-96, S. 1; P.A. 83-587, S. 39, 96; P.A.
84-50; 84-54, S. 1, 3; 84-383, S. 3, 5; P.A. 86-239, S. 2, 14; 86-332, S. 19, 20; 86-403, S. 49, 132; P.A. 87-125, S. 1; P.A.
89-209, S. 4; P.A. 90-173, S. 8; 90-312, S. 2; P.A. 96-145, S. 10; P.A. 98-209, S. 7.)
History: P.A. 74-338 made technical changes; P.A. 77-529 substituted references to chapter 348 with references to
chapter 441 in Subsecs. (a) and (b); P.A. 78-96 added references to Sec. 22a-32 in Subsecs. (a) and (b); P.A. 83-587 deleted
references to Secs. 25-8a and 25-8c in Subsecs. (a) and (b); P.A. 84-50 amended Subsec. (a) by deleting provision precluding
a civil penalty where a suit has been instituted; P.A. 84-54 added references to Secs. 22a-69 and 22a-74 in Subsec. (a);
P.A. 84-383 added references to Sec. 22a-161 in Subsecs. (a) and (b); P.A. 86-239 amended Subsecs. (a) and (b) by deleting
reference to Sec. 22a-418 and adding reference to Sec. 22a-471; P.A. 86-332 amended Subsecs. (a) and (b) by adding
references to Secs. 22a-190 and 22a-231; P.A. 86-403 amended Subsecs. (a) and (b) by adding references to Sec. 22a-
208a; P.A. 87-125 amended Subsecs. (a) and (b) by deleting references to Sec. 22a-455 for consistency with other statutory
changes; P.A. 89-209 added reference to Sec. 22a-134p in Subsecs. (a) and (b); P.A. 90-173 amended Subsecs. (a) and (b)
by adding references to Secs. 15-171, 15-172 and 15-175; P.A. 90-312 amended Subsecs. (a) and (b) by adding references
to Sec. 22a-225 and Subsec. (b) of Sec. 22a-134p; P.A. 96-145 deleted references to repealed Secs. 22a-383, 22a-384,
22a-385 and 22a-387; P.A. 98-209 amended Subsecs. (a) and (b) to add violations of statutes re wetlands, water resources
and dams and reservoirs to those for which violators are liable to the state for costs, expenses and damages.
Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq. Cited. 218 C. 580, 606.
Cited. 238 C. 216.
Subsec. (a):
Cited. 235 C. 448, 457.
Cited. 35 CA 646, 651; judgment reversed, see 235 C. 448 et seq.
Subsec. (b):
Cited. 218 C. 580, 606.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-6b. Imposition of civil penalties by the commissioner.
(a) The Commissioner of Environmental Protection shall adopt
regulations, in accordance with the provisions of chapter 54, to
establish a schedule setting forth the amounts, or the ranges of
amounts, or a method for calculating the amount of the civil penalties
which may become due under this section. Such schedule or method may be
amended from time to time in the same manner as for adoption provided
any such regulations which become effective after July 1, 1993, shall
only apply to violations which occur after said date. The civil
penalties established for each violation shall be of such amount as to
insure immediate and continued compliance with applicable laws,
regulations, orders and permits. Such civil penalties shall not exceed
the following amounts:
(1) For failure to file any registration, other than a registration for
a general permit, for failure to file any plan, report or record, or
any application for a permit, for failure to obtain any certification,
for failure to display any registration, permit or order, or file any
other information required pursuant to any provision of section 14-100b
or 14-164c, subdivision (3) of subsection (b) of section 15-121,
section 15-171, 15-172, 15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or
22a-42a, 22a-45a, chapter 441, sections 22a-
134 to 22a-134d, inclusive, subsection (b) of section 22a-134p, section
22a-171, 22a-
174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-208,
22a-208a, 22a-
209, 22a-213, 22a-220, 22a-231, 22a-336, 22a-342, 22a-345, 22a-346,
22a-347, 22a-
349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to
22a-405, inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to 22a-433,
inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458,
22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted
or issued thereunder by the commissioner, and for other violations of
similar character as set forth in such schedule or schedules, no more
than one thousand dollars for said violation and in addition no more
than one hundred dollars for each day during which such violation
continues;
(2) For deposit, placement, removal, disposal, discharge or emission of
any material or substance or electromagnetic radiation or the causing
of, engaging in or maintaining of any condition or activity in
violation of any provision of section 14-100b or 14-164c, subdivision
(3) of subsection (b) of section 15-121, section 15-171, 15-172,
15-175, 22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a,
chapter 441, sections 22a-
134 to 22a-134d, inclusive, section 22a-69 or 22a-74, subsection (b) of
section 22a-
134p, section 22a-162, 22a-171, 22a-174, 22a-175, 22a-177, 22a-178,
22a-181, 22a-
183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220,
22a-336, 22a-
342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-359,
22a-361, 22a-
362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 22a-416, 22a-417,
22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451,
22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, order
or permit adopted thereunder by the commissioner, and for other
violations of similar character as set forth in such schedule or
schedules, no more than twenty-five thousand dollars for said violation
for each day during which such violation continues;
(3) For violation of the terms of any final order of the commissioner, except final
orders under subsection (d) of this section and emergency orders and cease and desist
orders as set forth in subdivision (4) of this subsection, for violation of the terms of any
permit issued by the commissioner, and for other violations of similar character as set
forth in such schedule or schedules, no more than twenty-five thousand dollars for said
violation for each day during which such violation continues;
(4) For violation of any emergency order or cease and desist order of
the commissioner, and for other violations of similar character as set
forth in such schedule or schedules, no more than twenty-five thousand
dollars for said violation for each day during which such violation
continues;
(5) For failure to make an immediate report required pursuant to subdivision (3) of
subsection (a) of section 22a-135, or a report required by the department pursuant to
subsection (b) of section 22a-135, no more than twenty-five thousand dollars per violation per day;
(6) For violation of any provision of the state's hazardous waste program, no more
than twenty-five thousand dollars per violation per day;
(7) For wilful violation of any condition imposed pursuant to section 26-313 which
leads to the destruction of, or harm to, any rare, threatened or endangered species, no
more than ten thousand dollars per violation per day;
(8) For violation of any provision of sections 22a-608 to 22a-611, inclusive, no more
than the amount established by Section 325 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 USC 11001 et seq.) for a violation of Section 302, 304
or 311 to 313, inclusive, of said act.
(b) In adopting regulations regarding any schedule or methods prescribed by this
section, the commissioner shall consider:
(1) The amount or ranges of amounts of assessment necessary to insure immediate
and continued compliance;
(2) The character and degree of impact of the violation on the natural resources of
the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in taking all feasible steps
or procedures necessary or appropriate to comply or to correct the violation;
(4) Any prior violations by such person of statutes, regulations, orders or permits
administered, adopted or issued by the commissioner;
(5) The economic and financial conditions of such person;
(6) The economic benefit which such person derived as a result of the violation;
(7) The character and degree of injury to, or interference with, public health, safety
or welfare which is caused or threatened to be caused by such violation;
(8) The character and degree of injury or impairment to, or
interference with, reasonable use of property which is caused or
threatened to be caused by such violation;
(9) The character and degree of injury or impairment to, or interference with, the
public trust in the air, water, land and other natural resources of the state;
(10) To the extent consistent with applicable law, any other factors
the commissioner deems appropriate, including voluntary measures taken
by such person to prevent pollution or enhance or preserve natural
resources;
(11) In the case of violation of the provisions of subdivision (3) of
subsection (a) of section 22a-135, the apparent seriousness of the
release, occurrence, incident or other circumstance at the time it
first became known to the licensee or any employee of such licensee,
the extent of the delay from the time such licensee or employee had or
in the exercise of reasonable care should have had knowledge of such
release, occurrence, incident or circumstance until its reporting by
the licensee in accordance with this subsection, subsection (a) of this
section and sections 16-19g and 22a-135, and the conduct of the
licensee in taking all necessary steps to prevent future violations of
the provisions of said subdivision.
(c) If the commissioner has reason to believe that a violation has occurred for which
a civil penalty is authorized by this section, he may send to the violator, by certified
mail, return receipt requested, or personal service, a notice which shall include:
(1) A reference to the sections of the statute, regulation, order or permit involved;
(2) A short and plain statement of the matters asserted or charged;
(3) A statement of the amount of the civil penalty or penalties or the method for
calculating the penalty or penalties to be imposed upon finding after hearing that a
violation has occurred or upon a default; and
(4) A statement of the party's right to a hearing.
(d) The person to whom the notice is addressed shall have thirty days from the date
of receipt of the notice in which to deliver to the commissioner written application for
a hearing. If a hearing is requested then, after a hearing and upon a finding that a violation
has occurred, the commissioner may issue a final order assessing a civil penalty under
this section which is not greater than the penalty stated in the notice. The commissioner
may amend a notice of assessment at any time before such notice becomes final, provided
the person to whom the notice is addressed shall have thirty days from the date of receipt
of such amendment in which to deliver to the commissioner a written application for a
hearing on such amendment, and provided further the commissioner may amend a notice
of assessment after a hearing has begun only with the permission of the hearing officer.
If such a hearing is not so requested, or if such a request is later withdrawn, then the
notice shall, on the first day after the expiration of such twenty-day period or on the
first day after the withdrawal of such request for hearing, whichever is later, become a
final order of the commissioner and the matters asserted or charged in the notice shall
be deemed admitted unless modified by consent order, which shall be a final order. 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) hereof.
(e) All hearings under this section shall be conducted pursuant to sections 4-176e
to 4-184, inclusive. The final order of the commissioner assessing a civil penalty shall
be subject to appeal as set forth in section 4-183 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 notice of
assessment or final order of the commissioner assessing a civil penalty shall be allowed
as to any issue which could have been raised by an appeal of an earlier order, notice,
permit, denial or other final decision by the commissioner. Any civil penalty authorized
by this section shall become due and payable (i) at the time of receipt of a final order
in the case of a civil penalty assessed in such order after a hearing, (ii) on the first day
after the expiration of the period in which a hearing may be requested if no hearing is
requested, or (iii) on the first day after any withdrawal of a request for hearing.
(f) Any person acting within the terms and conditions of a final order or permit
issued to him by the commissioner shall not be subject to a civil penalty, under this
section, for such actions.
(g) A civil penalty assessed in a final order of the commissioner under this section
may be enforced in the same manner as a judgment of the Superior Court. Such final
order shall be served in person or by certified mail, return receipt requested. Any notice
of violation or final order against a private corporation shall be served upon at least one
of the individuals enumerated in section 52-57. After entry, a transcript of such final
order may be filed by the commissioner, without requiring the payment of costs as a
condition precedent to such filing, in the office of the clerk of the superior court in
any one or more of the following judicial districts: Any judicial district in which the
respondent resides, any judicial district in which the respondent has a place of business,
any judicial district in which the respondent owns real property and any judicial district
in which any real property which is a subject of the proceedings is located; or, if the
respondent is not a resident of the state of Connecticut, in the judicial district of Hartford.
Upon such filing, such clerk or clerks shall docket such order in the same manner and
with the same effect as a judgment entered in the superior court within the judicial
district. Upon such docketing, such order may be enforced as a judgment of such court.
(h) The provisions of this section, sections 22a-2, 22a-6, 22a-6a,
22a-7, sections 22a-428, subsection (d) of section 22a-430, sections
22a-431, 22a-432, 22a-433, 22a-
437 and subsections (b) and (c) of section 22a-459 are in addition to
and in no way derogate from any other enforcement provisions contained
in any statute administered by the commissioner. The powers, duties and
remedies provided in such other statutes, and the existence of or
exercise of any powers, duties or remedies hereunder or thereunder
shall not prevent the commissioner from exercising any other powers,
duties or remedies provided herein, therein, at law or in equity.
(i) No penalty shall be assessed pursuant to this section which exceeds two hundred
thousand dollars or such other amount as may be provided by federal law.
(P.A. 73-665, S. 2, 17; P.A. 78-96, S. 2; 78-280, S. 2, 6, 127; P.A. 80-351, S. 2, 3, 5; P.A. 81-443, S. 1, 7; 81-472, S.
55, 159; P.A. 83-108, S. 4; 83-587, S. 40, 41, 96; P.A. 84-54, S. 2, 3; 84-283, S. 2; 84-383, S. 4, 5; P.A. 86-239, S. 3, 14;
86-332, S. 18, 20; 86-403, S. 50, 132; P.A. 87-125, S. 2; 87-338, S. 1, 11; 87-438, S. 4; 87-475, S. 6, 7; P.A. 88-230, S. 1,
12; 88-317, S. 85, 107; 88-364, S. 80, 123; P.A. 89-209, S. 5; 89-212, S. 10; P.A. 90-98, S. 1, 2; 90-173, S. 9; P.A. 93-
142, S. 4, 7, 8; 93-428, S. 33, 39; P.A. 95-218, S. 4, 24; 95-220, S. 4−6; P.A. 96-145, S. 11; P.A. 99-215, S. 24, 29.)
History: P.A. 78-96 added references to Sec.
22a-32 in Subdivs. (1) and (2) of Subsec. (a); P.A. 78-280 substituted
"judicial district" for "county" and "judicial district of Hartford-New
Britain" for "Hartford county"; P.A. 80-351 added Subdiv. (5) in
Subsec. (a) and Subdiv. (8) in Subsec. (c); P.A. 81-443 amended Subsec.
(a) by adding Subdiv. (6) authorizing the commissioner to impose a
civil penalty for violation by the state's hazardous waste program;
P.A. 81-472 made technical changes; P.A. 83-108 amended Subdiv. (1) of
Subsec. (a) to include failure to obtain certification under penalty
imposed and updated section and chapter references in Subdivs. (1) and
(2) of said subsection; P.A. 83-587 deleted references to Secs. 25-8a
and 25-8c in Subsec. (a) and deleted reference to Sec. 25-54qq in
Subsec. (i); P.A. 84-54 amended Subsec. (a) by adding references in
Subdiv. (6) to Secs. 22a-69 and 22a-74; P.A. 84-283 amended Subsec. (a)
by adding Subdiv. (7) authorizing a civil penalty for violation of any
condition imposed under Sec. 24-2a leading to the destruction of or
harm to any rare, threatened or endangered species; P.A. 84-383 amended
Subsec. (a) by adding references to Sec. 22a-
161 in Subdiv. (2) and by making actions involving electromagnetic
radiation subject to civil penalties of said Subdiv; P.A. 86-239
amended Subdivs. (1) and (2) of Subsec. (a) by deleting reference to
Sec. 22a-418 and adding reference to Sec. 22a-471; P.A. 86-332 amended
Subsec. (a) by adding reference in Subdiv. (1) to Sec. 22a-231 and
reference in Subdiv. (2) to 22a-190; P.A. 86-403 added reference to
Sec. 22a-208a in Subsec. (a); P.A. 87-125 amended Subdivs. (1) and (2)
of Subsec. (a) by deleting references to Sec. 22a-455 for consistency
with other statutory changes; P.A. 87-338 amended Subdivs. (1) and (2)
of Subsec. (a) to add Sec. 22a-42a and amended Subsec. (i) to delete
reference to Sec. 22a-182; P.A. 87-438 amended Subsec. (i) by deleting
the reference to Sec. 22a-389 for statutory consistency; P.A. 87-475
amended Subdiv. (6) of Subsec. (a) by deleting reference to the
Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.);
P.A. 88-230 replaced "judicial district of Hartford-New Britain" with
"judicial district of Hartford", effective September 1, 1991; P.A.
88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (f) to
include new sections added to Ch. 54, effective July 1, 1989, and
applicable to all agency proceedings commencing on or after that date;
P.A. 88-364 amended Subsec. (i) to delete an obsolete reference; P.A.
89-209 amended Subsec. (a) by adding references to Sec. 22a-
134p; P.A. 89-212 amended Subsec. (a) by adding Subdiv. (8)
establishing penalty amount for violations of Secs. 22a-
607 to 22a-610, inclusive; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-173
amended Subsec. (a) to require the schedule or schedules to be adopted
"in accordance with chapter 54" rather than "after public hearings
pursuant to section 22a-6" and amended Subdivs. (1) and (2) of Subsec.
(a) to add reference to Secs. 15-171, 15-172 and 15-175; P.A. 93-142
changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 93-428 amended Subsec.
(a) to authorize the commissioner to adopt regulatory methods of
assessing administrative civil penalties, to adopt civil penalties for
violations of Secs. 22a-
45a, 22a-134 to 22a-134d, inclusive, 22a-349a and 22a-411, to delete
certain limiting provisions re the calculation of the amounts of civil
penalties, to delete caps on certain penalties and to expand financial
liability for certain violations, amended Subsec. (b) to add certain
considerations for establishing civil penalties, rewrote former Subsec.
(c) and relettered former Subsecs. (d) to (i), inclusive, amended
Subsec. (d) to provide for amended notices of assessment and added a
new Subsec. (j) re cap on civil penalties assessed under this section,
effective July 1, 1993; P.A. 95-218 amended Subsec. (a) to add
violations re aquifer protection and erection of structures or dredging
in waters of the state to the list for which penalties may be assessed
under this section; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1,
1995; P.A. 96-145 deleted references to repealed Secs. 22a-383,
22a-384, 22a-385 and 22a-387 in Subsec. (a); P.A. 99-215 replaced
"judicial district of Hartford" with "judicial district of New Britain"
in Subsec. (e), effective June 29, 1999.
Cited. 175 C. 483, 490. Cited. 204 C. 38, 44. "Environmental policy act (Secs. 22a-1−22a-13)" cited. Id., 212 et seq.
Cited. 217 C. 130, 141. Cited. 238 C. 216.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-6c. Hearing on orders concerning solid waste. Section 22a-6c is repealed.
(P.A. 75-403, S. 1, 2; P.A. 85-334, S. 7, 8.)
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-6d. Payment of costs associated with hearing and transcript.
In any pending or future proceeding on an application for any
department license, (1) the applicant shall pay all costs of recording
and transcribing the hearing if a transcript is required by law, and
(2) any applicant who receives a copy of a transcript of the hearing
made at the department's expense shall pay to the department all
expenses incurred by the department in having such transcript made. In
any pending or future proceeding on a department order to enforce any
statute, regulation, permit or order administered or issued by the
commissioner, the respondent or other person taking an appeal from a
final decision of the commissioner shall pay all costs of recording and
transcribing the hearing if a transcript is required by law. Upon a
showing of indigency by such respondent or person, the court may waive
payment of such costs, in which case the commissioner shall pay them.
(P.A. 90-231, S. 20, 28; P.A. 92-217, S. 2, 5.)
History: P.A. 92-217 added provision re payment of costs by respondents taking appeals from final decisions of the
commissioner.
See Sec. 22a-27i re exemption of municipality for one year.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-6e. Imposition of civil penalties by the commissioner for water pollution violations.
(a) Notwithstanding the provisions of subsections (a) and (b) of
section 22a-6b, the Commissioner of Environmental Protection, not later
than August 1, 1992, shall publish notice of intent to adopt
regulations, in accordance with the provisions of chapter 54, to
establish administrative civil penalties for violation of specified
effluent limitations imposed pursuant to chapter 446k and for failure
to submit a timely and sufficient discharge monitoring report pursuant
to said chapter. In establishing such regulations, the commissioner
shall consider the character and degree of injury or impairment to, or
interference with, (1) the public health, safety or welfare, (2) the
public trust in the water and other natural resources, and (3) the
reasonable use of property which is caused or threatened to be caused
by the violation. Such regulations shall provide that if the alleged
violator is a municipality, the commissioner shall consider whether the
municipality has adopted a facilities plan, has entered into contracts
for projects which would bring the municipality into compliance with
the provisions of chapter 446k or is otherwise in compliance with any
order of the commissioner. Such regulations shall provide for
administrative civil penalties which are of an amount sufficient to
insure immediate and continued compliance, but shall not exceed
twenty-five thousand dollars per day for each violation.
(b) The commissioner, or his designee, shall render a final decision to assess the
administrative civil penalties established pursuant to this section, and shall collect such
penalties, in accordance with the procedures specified in subsections (c) to (g), inclusive,
of section 22a-6b. The commissioner may amend a notice of assessment at any time
before such notice becomes final, provided the person to whom the notice is addressed
shall have thirty days from the date of receipt of such amendment in which to deliver
to the commissioner a written application for a hearing on such amendment, and provided
further the commissioner may amend a notice of assessment after a hearing has begun
only with the permission of the hearing officer. No challenge to any notice of civil
penalty assessment shall be allowed as to any issue which could have been raised by
an appeal of an earlier order, notice permit, denial or other final decision by the commissioner.
(c) The provisions of this section are in addition to and in no way derogate any other
enforcement provisions contained in any statute administered by the commissioner. The
powers, duties and remedies provided in such other statutes, and the existence of or
exercise of any powers, duties or remedies hereunder or thereunder shall not prevent
the commissioner from exercising any other powers, duties or remedies provided herein,
therein, at law or in equity.
(P.A. 91-270, S. 1; P.A. 93-428, S. 35, 39.)
History: P.A. 93-428 amended Subsec. (b) to modify provisions re amended notices of assessment, effective July 1, 1993.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-6f. Fees. Due dates. Late payments. Application. Waiver.
(a) Each annual fee charged by the Commissioner of Environmental
Protection pursuant to the general statutes shall be due on or before
July first of each year, unless otherwise specified in the general
statutes or in regulations adopted pursuant thereto. The fee for late
payment of an annual fee charged by said commissioner pursuant to the
general statutes shall be ten per cent of the annual fee due, plus one
and one-quarter per cent per month or part thereof that the annual fee
remains unpaid. Each permit fee and permit application fee charged by
the commissioner pursuant to the general statutes is due upon the
submission of the permit application, unless otherwise specified in the
general statutes or in regulations adopted pursuant thereto. Each
permit fee and permit application fee payable to the commissioner shall
apply equally to the issuance, renewal, modification and transfer of a
permit unless otherwise specified in the general statutes or in
regulations adopted pursuant thereto. The commissioner may waive any
fee payable to him as it applies to the activities of an agency, board,
commission, council or department of the state, provided such agency,
board, commission, council or department compensates the Department of
Environmental Protection in an amount equal to such fee pursuant to a
written agreement.
(b) Unless a lower fee is otherwise specified in the general permit,
the fee for registration pursuant to a general permit shall be as
follows: (1) If the person intending to engage in the regulated
activity is required to register with the Department of Environmental
Protection and obtain approval of the registration before the activity
is authorized, five hundred dollars; or (2) if the person intending to
engage in the regulated activity is only required to register with the
Department of Environmental Protection before the activity is
authorized, two hundred fifty dollars.
(P.A. 91-369, S. 33, 36; P.A. 96-145, S. 3.)
History: P.A. 96-145 amended Subsec. (a) to provide for late payments of fees and added Subsec. (b) re fees for general
permits.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 22a-6g. Notice of application for permit.
Notwithstanding any other provision of this title or regulations
adopted hereunder, any person who submits an application to the
Commissioner of Environmental Protection for any permit or other
license pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342,
22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section
22a-449, section 22a-454 or Section 401 of the federal Water Pollution
Control Act (33 USC 466 et seq.), except an application for
authorization under a general permit shall: (1) Include with such
application a signed statement certifying that the applicant will
publish notice of such application on a form supplied by the
commissioner in accordance with this section; (2) publish notice of
such application in a newspaper of general circulation in the affected
area; (3) send the commissioner a certified copy of such notice as it
appeared in the newspaper; and (4) notify the chief elected official of
the municipality in which the regulated activity is proposed. Such
notices shall include: (A) The name and mailing address of the
applicant and the address of the location at which the proposed
activity will take place; (B) the application number, if available; (C)
the type of permit sought, including a reference to the applicable
statute or regulation; (D) a description of the activity for which a
permit is sought; (E) a description of the location of the proposed
activity and any natural resources affected thereby; (F) the name,
address and telephone number of any agent of the applicant from whom
interested persons may obtain copies of the application, and (G) a
statement that the application is available for inspection at the
office of the Department of Environmental Protection. The commissioner
shall not process an application until the applicant has submitted to
the commissioner a copy of the notice required by this section. The
provisions of this section shall not apply to discharges exempted from
the notice requirement by the commissioner pursuant to subsection (b)
of section 22a-430, to hazardous waste transporter permits issued
pursuant to section 22a-454 or to special waste authorizations issued
pursuant to section 22a-209 and regulations adopted thereunder.
(P.A. 93-428, S. 3, 39; P.A. 94-89, S. 1; P.A. 96-145, S. 12; P.A. 98-140, S. 2.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made this section applicable to applications under Section 401
of the federal Water Pollution Control Act and provided for exemptions for permits for hazardous waste transporters and
special waste authorizations and deleted requirements that notice be published within ten days of the submission of the
application and that the applicant send a copy of such notice to the commissioner within twenty days of the date of such
publication; P.A. 96-145 deleted a reference to repealed Sec. 22a-384; P.A. 98-140 added provision for notice to the chief
elected official of the municipality in which the activity for which a permit is sought is to occur.
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Sec. 22a-6h. Notice of tentative determination re permit application.
(a) The Commissioner of Environmental Protection, at least thirty days
before approving or denying an application under section 22a-32,
22a-39, 22a-174, 22a-208a, 22a-342, 22a-
361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section
22a-449, section 22a-
454 or Section 401 of the federal Water Pollution Control Act (33 USC
466 et seq.), shall publish or cause to be published, at the
applicant's expense, once in a newspaper having a substantial
circulation in the affected area notice of his tentative determination
regarding such application. Such notice shall include: (1) The name and
mailing address of the applicant and the address of the location of the
proposed activity; (2) the application number; (3) the tentative
decision regarding the application; (4) the type of permit or other
authorization sought, including a reference to the applicable statute
or regulation; (5) a description of the location of the proposed
activity and any natural resources affected thereby; (6) the name,
address and telephone number of any agent of the applicant from whom
interested persons may obtain copies of the application; (7) a brief
description of all opportunities for public participation provided by
statute or regulation, including the length of time available for
submission of public comments to the commissioner on the application;
and (8) such additional information as the commissioner deems necessary
to comply with any provision of this title or regulations adopted
hereunder, or with the federal Clean Air Act, federal Clean Water Act
or federal Resource Conservation and Recovery Act. The commissioner
shall further give notice of such determination to the chief elected
official of the municipality in which the regulated activity is
proposed. Nothing in this section shall preclude the commissioner from
giving such additional notice as may be required by any other provision
of this title or regulations adopted hereunder, or by the federal Clean
Air Act, federal Clean Water Act or federal Resource Conservation and
Recovery Act. The provisions of this section shall not apply to
discharges exempted from the notice requirement by the commissioner
pursuant to subsection (b) of section 22a-430, to hazardous waste
transporter permits issued pursuant to section 22a-454 or to special
waste authorizations issued pursuant to section 22a-209 and regulations
adopted thereunder.
(b) For the purposes of this section, "application" means a request for a license or
renewal thereof or for any permit or modification of a license or permit or renewal
thereof if the modification is sought by the licensee.
(P.A. 93-428, S. 4, 39; P.A. 94-89, S. 2; P.A. 96-145, S. 13; P.A. 98-140, S. 3.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made section applicable to applications for permits under
Section 401 of the federal Water Pollution Control Act and provided for exemptions for permits for hazardous waste
transporters and special waste authorizations and added a requirement that notice include a description of opportunities
for public participation; P.A. 96-145 deleted a reference to repealed Sec. 22a-384; P.A. 98-140 added provision for notice
to the chief elected official of the municipality in which the activity about which a tentative determination has been made
is to occur.
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Sec. 22a-6i. Information re time frames for issuance of permits.
Between July 1, 1994, and October 1, 1996, inclusive, the Commissioner
of Environmental Protection shall make available, in writing, to any
person applying for any permit for any activity regulated under this
title, information regarding the time frames established by the
department to (1) determine the sufficiency of the application, (2)
determine the sufficiency of any application previously returned to the
applicant for reason of insufficiency and (3) issue a tentative
decision regarding the application. On or before July 1, 1994, the
commissioner shall compile all such information, including the number
of permit applications received and the percentage of such applications
acted upon in accordance with each such time frame, into a written
report to the joint standing committee of the General Assembly having
cognizance of matters relating to the environment and shall, on a
quarterly basis until October 1, 1996, report any changes in such
information to said committee.
(P.A. 93-428, S. 23, 39; P.A. 95-218, S. 19, 24.)
History: P.A. 93-428 effective July 1, 1993; P.A. 95-218 provided for a sunset of this section on October 1, 1996,
effective July 6, 1995.
See Sec. 22a-6p re time frames for issuance of permits.
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Sec. 22a-6j. Renewal of permits.
(a) On and after July 1, 1994, the Commissioner of Environmental
Protection, for any permit issued by the commissioner pursuant to any
provision of this title, shall provide notice of the expiration date of
such permit to any holder thereof. Such notice shall be given on or
before ninety days prior to the date on which the application for
renewal of such permit is due. Nothing in this section shall affect the
obligation of any person to apply for a permit in a timely fashion or
to comply with any permit issued by the commissioner. Notwithstanding
the provisions of subsection (b) of section 4-182, the Commissioner of
Environmental Protection may accept, prior to the expiration of a
permit or other license, a sufficient but untimely application for
renewal of such permit or other license and authorize the existing
permit or other license to continue in effect beyond its expiration
date until the commissioner disposes of such renewal application
provided, in the commissioner's judgment, (1) the renewal application
is likely to be granted and (2) the public interest would best be
served by allowing the licensed activity to continue uninterrupted. Any
authorization for the continuance of an existing license pursuant to
this subsection shall be limited by any conditions the commissioner
deems necessary to assure protection of health, safety and the
environment. The commissioner may require any person requesting a
continuance pursuant to this section to provide such information as the
commissioner deems necessary to carry out the purposes of this section.
(b) On and after October 1, 1994, any person who files with the commissioner an
untimely application for renewal of a permit or other license shall submit with such
application the following sum in addition to the application fee provided by law: (1)
For a renewal application filed between fourteen days and thirty days after the last date
allowed for filing, ten per cent of the application fee; (2) for a renewal application filed
between thirty-one days and sixty days after the last date allowed for filing, twenty per
cent of the application fee; (3) for a renewal application filed between sixty-one days
and ninety days after the last date allowed for filing, forty per cent of the application
fee; (4) for a renewal application filed between ninety-one days and one hundred twenty
days after the last date allowed for filing, fifty per cent of the application fee; and (5)
for a renewal application filed more than one hundred twenty days after the last date
allowed for filing, sixty-five per cent of the application fee.
(P.A. 93-428, S. 2, 39; P.A. 94-89, S. 5.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 added provision re obligation of permit holders to apply for
renewal in a timely fashion, deleted a requirement that requests for acceptance of untimely applications be made in writing
and added provision re additional information which the commissioner may request for a continuance under this section.
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