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-208, 22a-208a, 22a-209,
22a-342, 22a-345, 22a-354i, 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.
(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 notice concerning such regulation required under section 4-168.
An explanation for all such provisions shall be included in the regulation-making record
required under chapter 54 and shall be publicly available at the time of the notice concerning the regulation required under section 4-168. 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; P.A. 03-276, S. 5; June 30 Sp. Sess. P.A. 03-6,
S. 151; P.A. 04-151, S. 12.)
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); (Revisor's note: In 1989 the numeric subparagraph indicators in Subdiv. (10)
of Subsec. (a) were changed editorially by the Revisors to alphabetic indicators 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; P.A. 03-276 amended Subsec. (h) to replace "public hearing on" with
"notice concerning", to replace "chapter 54" with "section 4-168" and to add provision re public availability at the time
of notice, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(10) by adding "22a-354i" and amended
Subsec. (b) by deleting provision re credit for any municipality which paid a fee on or after May 15, 1984, and prior to
October 1, 1985, effective August 20, 2003; P.A. 04-151 amended Subsec. (a) to delete reference to Sec. 22a-174a, effective
May 21, 2004.
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.
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.
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.
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.)
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.
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.
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) Notwithstanding any provision of the general statutes or any regulation adopted
under this title, on and after August 20, 2003, each fee in effect pursuant to regulations
adopted pursuant to any section of this title that is greater than one hundred dollars shall
be increased by fifty per cent and all such fees of one hundred dollars or less shall be
doubled, provided no such fee shall be less than one hundred dollars.
(c) Notwithstanding the provisions of subsection (b) of this section: (1) The fees
and annual adjustment for Title V emissions shall be assessed pursuant to the regulations
adopted under section 22a-174; (2) each fee imposed pursuant to a general permit, in
effect on or before August 20, 2003, shall be double the amount specified in such permit;
and (3) each fee imposed pursuant to a certificate of permission, issued in accordance
with section 22a-363b, shall be double the amount in effect on or before August 20, 2003.
(d) Unless otherwise specified in a general permit, the registration fee for 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, one thousand 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, five
hundred dollars. No fee for a general permit shall exceed five thousand dollars.
(e) Unless otherwise established by regulations adopted pursuant to section 22a-354i, the fee for a permit of a regulated activity, as described in section 22a-354i, shall be
one thousand dollars and the fee to register such regulated activity with the Department of
Environmental Protection, pursuant to section 22a-354i, shall be five hundred dollars.
(f) The fee for a consolidated general permit issued in accordance with more than
one section of this title shall be specified in such general permit and shall not exceed
the total sum for individual general permits, as authorized pursuant to subdivision (2)
of subsection (c) of this section.
(P.A. 91-369, S. 33, 36; P.A. 96-145, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 152.)
History: P.A. 96-145 amended Subsec. (a) to provide for late payments of fees and added Subsec. (b) re fees for general
permits; June 30 Sp. Sess. P.A. 03-6 replaced former Subsec. (b) re fee for registration pursuant to a general permit with
new Subsec. (b) re increase in fees in effect pursuant to regulations, added new Subsec. (c) re fees for Title V emissions,
the doubling of existing fees for general permits, and fees for a certificate of permission, added new Subsec. (d) re registration
fees for a general permit, added new Subsec. (e) re fees for a permit of a regulated activity in an aquifer protection area,
and added new Subsec. (f) re fees for a consolidated general permit, effective August 20, 2003.
Sec. 22a-6g. Notice of application for permit. Exemptions. (a) 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.
(b) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection
(a) of this section: (1) An application for authorization under a general permit; (2) an
application for a minor permit modification for sources permitted under Title V of the
federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; and (3)
an application for a minor permit modification or revision if the Commissioner of Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or
revisions from those applications subject to the requirements of subsection (a) of this
section.
(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; P.A. 01-204, S. 23; June Sp. Sess. P.A.
01-9, S. 73, 131.)
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; P.A. 01-204 designated
existing provisions as Subsec. (a), making technical changes therein, and added Subsec. (b) re exemptions from Subsec.
(a); June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section.
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 the commissioner's 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.
(c) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection
(a) of this section: (1) An application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with
40 CFR 70.7; or (2) an application for a minor permit modification or revision if the
Commissioner of Environmental Protection has adopted regulations, in accordance with
the provisions of chapter 54, establishing criteria to delineate applications for minor
permit modifications or revisions from those applications subject to the requirements
of subsection (a) of this section.
(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; P.A. 01-204, S. 24; June Sp. Sess. P.A.
01-9, S. 73, 131.)
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; P.A. 01-204 amended Subsec. (a) to make a technical change for purposes of gender neutrality and added new
Subsec. (c) re exemptions from Subsec. (a); June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without
affecting this section.
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.
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.
Sec. 22a-6k. Emergency authorization for regulated activity. Temporary authorization for regulated activity. (a) The Commissioner of Environmental Protection
may issue an emergency authorization for any activity regulated by the commissioner
under section 22a-32, subsection (h) of section 22a-39, 22a-54, 22a-66, 22a-174, 22a-208a, 22a-342, 22a-368, 22a-403, 22a-430, 22a-449 or 22a-454 provided he finds that
(1) such authorization is necessary to prevent, abate or mitigate an imminent threat to
human health or the environment; and (2) such authorization is not inconsistent with
the federal Water Pollution Control Act, the federal Rivers and Harbors Act, the federal
Clean Air Act or the federal Resource Conservation and Recovery Act. Such emergency
authorization shall be limited by any conditions the commissioner deems necessary
to adequately protect human health and the environment. Summary suspension of an
emergency authorization may be ordered in accordance with subsection (c) of section
4-182. The commissioner may assess a fee for an emergency authorization issued pursuant to this subsection. Such fee shall be of an amount equal to the equivalent existing
permit fee for the activity authorized. The commissioner may reduce or waive the fee
required pursuant to this subsection if good cause is shown. The fee required pursuant
to this subsection shall be paid no later than ten days after the issuance of the emergency
authorization.
(b) The commissioner may issue a temporary authorization for any activity for
which the commissioner has authority to issue a general permit under section 22a-174,
22a-208a, 22a-361, 22a-378a, 22a-411, 22a-430b or 22a-454 provided the commissioner finds that (1) such activity will not continue for more than thirty days; (2) such
activity does not pose a significant threat to human health or the environment; (3) such
authorization is necessary to protect human health or the environment or is otherwise
necessary to protect the public interest; and (4) such authorization is not inconsistent
with the federal Water Pollution Control Act, the federal Rivers and Harbors Act, the
federal Clean Air Act or the federal Resource Conservation and Recovery Act. No
temporary authorization shall be renewed more than once, and no such authorization
shall be issued for an activity which has been authorized by a temporary authorization
during the previous twelve months. Any person seeking a temporary authorization shall
submit to the commissioner sufficient information to allow the commissioner to make
the determination set forth herein. A temporary authorization shall be limited by any
conditions the commissioner deems necessary to adequately protect human health and
the environment. Summary suspension of a temporary authorization may be ordered in
accordance with subsection (c) of section 4-182. The commissioner may assess a fee
for a temporary authorization issued pursuant to this subsection. Such fee shall be of
an amount equal to the equivalent existing permit fee for the activity authorized. The
commissioner may reduce the fee required pursuant to this subsection if good cause is
shown. The fee required pursuant to this subsection shall be paid before the issuance
of the temporary authorization. The commissioner may, if good cause is shown, allow
late payment of the fee required by this subsection provided such fee shall be paid no
later than ten days after the issuance of the temporary authorization.
(P.A. 93-428, S. 1, 39; P.A. 97-289, S. 3, 9; P.A. 98-209, S. 8; P.A. 01-204, S. 26; June Sp. Sess. P.A. 01-9, S. 73, 131.)
History: P.A. 93-428 effective July 1, 1993; P.A. 97-289 amended Subsec. (a) to add reference to Sec. 22a-54 to include
activities regulated under that section within the scope of potential emergency authorizations under this section, effective
July 1, 1997; P.A. 98-209 amended Subsec. (a) to allow emergency authorization of state agency activities in inland
wetlands; P.A. 01-204 amended Subsec. (b) to delete reference to Sec. 22a-368, add reference to Secs. 22a-378a and 22a-411 and make a technical change for purposes of gender neutrality; June Sp. Sess. P.A. 01-9 revised effective date of P.A.
01-204 but without affecting this section.
Sec. 22a-6l. Posting of public notice of permit applications. The Commissioner
of Environmental Protection may require any applicant for a permit issued by the commissioner pursuant to any provision of this title to provide notice of such permit application by posting notice of the application in accordance with this section. Such notice
shall not be required for a permit for a transportation project, a permit for the burning
of brush pursuant to subsection (f) of section 22a-174, or a permit for any open burning
conducted pursuant to authorized fire fighting training by any fire department. The
applicant shall erect and maintain in a legible condition a sign not less than six feet by
four feet upon the site where the activity which is the subject of the permit application
is located or proposed to be located, which sign shall be clearly visible from the public
highway and which sign shall be erected not later than three days after the date the
applicant receives, by certified mail, written notice to the applicant that notice under
this section is required. The sign shall include the words "Department of Environmental
Protection. Permit Applicant. For further information contact:" and a phone number for
an office from which any interested person may obtain a copy of the subject application
and information regarding the procedure for making comment on the application. The
sign shall be maintained for a period of one hundred twenty days or until the date on
which the commissioner publishes notice of his tentative determination on the application, whichever is earlier. Any applicant required to post notice in accordance with this
section shall submit to the commissioner a written certification, under oath, of compliance with the requirements of this section provided the commissioner may require any
additional proof of such compliance. Such certification shall be on a form specified by
the commissioner. Such form shall include certification that notice of such application
has also been filed with local municipal officials, including, but not limited to, the chief
executive official of the municipality within which the site or proposed site is located,
the building official, the zoning enforcement officials, local health officials, and any
local environmental commission, committee or officials. The commissioner shall not
process an application until the applicant has submitted to the commissioner the certification required by this section. If the commissioner determines that posting notice in
accordance with this section will not adequately apprise the public and abutting landowners of the proposed activity, the commissioner may require any other reasonable
form of notice he deems necessary.
(P.A. 94-85, S. 1; P.A. 98-216, S. 2, 5.)
History: P.A. 98-216 added provision re certification that notice was sent to local municipal officials, effective June
1, 1998.
Sec. 22a-6m. Compliance history of permit applicants. Criminal history records checks. (a) In exercising any authority to issue, renew, transfer, modify or revoke
any permit, registration, certificate or other license under any of the provisions of this
title, the Commissioner of Environmental Protection may consider the record of the
applicant for, or holder of, such permit, registration, certificate or other license, the
principals, and any parent company or subsidiary, of the applicant or holder, regarding
compliance with environmental protection laws of this state, all other states and the
federal government. If the commissioner finds that such record evidences a pattern or
practice of noncompliance which demonstrates the applicant's unwillingness or inability
to achieve and maintain compliance with the terms and conditions of the permit, registration, certificate or other license for which application is being made, or which is held,
the commissioner, in accordance with the procedures for exercising any such authority
under this title, may (1) include such conditions as he deems necessary in any such
permit, registration, certificate or other license, (2) deny any application for the issuance,
renewal, modification or transfer of any such permit, registration, certificate or other
license, or (3) revoke any such permit, registration, certificate or other license.
(b) For the issuance of a new permit, registration, certificate or other license or for
the transfer of any permit, registration, certificate or other license, the commissioner
may require the applicant to submit, on forms to be provided by the commissioner, the
following information regarding enforcement proceedings involving the applicant: (1)
Any criminal conviction involving a violation of any environmental protection law if
such violation occurred within the five years immediately preceding the date of the
application, (2) any civil penalty imposed in any state or federal judicial proceeding, or
any civil penalty exceeding five thousand dollars imposed in any administrative proceeding, for a violation of any environmental protection law if such violation occurred
within the five years immediately preceding the date of the application, and (3) any
judicial or administrative orders issued to the applicant regarding any such violation.
For any such proceeding initiated by the commissioner or the Attorney General, the
commissioner may require the applicant to provide dates, case or docket numbers or
other information which identifies the proceeding. For any such proceeding initiated
by an agency of another state or the federal government, the commissioner may require
the applicant to provide a copy of any official document which initiated the proceeding,
the final judgment or order and a description of any violation which was found. The
commissioner may not deem such an application incomplete as to information regarding
the compliance of the applicant with any laws if the applicant has provided all of the
information specified in this subsection.
(c) Nothing in this section shall affect any other provisions of law regarding information which is required to be provided by an applicant for any permit, registration,
certificate or other license issued under any of the provisions of this title.
(d) In reviewing the application for a permit, registration, certificate or other license
under the provisions of this title, the commissioner may require the applicant or, if the
applicant is a business entity, any director, officer, partner or owner of more than five
per cent of the total outstanding stock of any class of the applicant's business to submit
to state and national criminal history records checks. If criminal history records checks
are required, such checks shall be conducted in accordance with section 29-17a. The
review by the commissioner of the criminal history of each such applicant, director,
officer, partner or stockholder shall be limited to information regarding criminal convictions related to activities regulated under the environmental protection laws of this state,
any other state or the federal government.
(P.A. 94-205, S. 1; P.A. 97-300, S. 1; P.A. 01-175, S. 20, 32.)
History: P.A. 97-300 added new Subsec. (d) re criminal history records checks of permit applicants; P.A. 01-175
amended Subsec. (d) by replacing provisions re state criminal history records check, submission to the Federal Bureau of
Investigation and associated fees with provision re criminal history checks pursuant to Sec. 29-17a, effective July 1, 2001.
Sec. 22a-6n. Notice of commissioner's determination regarding certain regulated activities. Notwithstanding any provision of this title or regulations adopted hereunder, the Commissioner of Environmental Protection shall not be required to publish
notice of any final determination regarding an application under section 22a-39 or an
application submitted after July 1, 1994, under section 22a-208a. Nothing in this section
shall affect the authority of the commissioner to publish such notice as he deems appropriate.
(P.A. 93-428, S. 10, 39; P.A. 94-89, S. 3.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made section applicable to applications under Sec. 22a-208a
submitted after July 1, 1994.
Sec. 22a-6o. Transfer of licenses. (a) Notwithstanding any provision of this title
or regulations adopted thereunder, no person shall act or purport to act under the authority
of a license issued to another unless such license has been transferred to such person in
accordance with this section and such transfer is not inconsistent with the federal Clean
Air Act, the federal Water Pollution Control Act or the federal Resource Conservation
and Recovery Act.
(b) The licensee and the proposed transferee shall register any such proposed transfer with the commissioner within thirty days of the transfer of ownership of the facility
for which the license has been issued. Such registration shall be on forms to be prescribed
by the commissioner and accompanied by a fee established by the commissioner to
cover costs of processing the transfer of license. Upon receipt of a registration of a
proposed transfer of license pursuant to this section, if the commissioner determines
that the transferee is able to comply with the terms and conditions of the license, the
commissioner shall send a notice to the licensee and proposed transferee which confirms
the registration and acknowledges the applicability of the license to the transferee.
(c) If the commissioner finds that the information submitted for a registration of a
license transfer under this section is insufficient for purposes of determining whether
the proposed transferee is able to comply with the terms and conditions of the license,
the commissioner may require such transferee to submit such additional information as
the commissioner deems necessary to make such determination, including, but not limited to, any information necessary to complete state and national criminal history records
checks in accordance with subsection (d) of section 22a-6m.
(P.A. 95-218, S. 2; P.A. 97-300, S. 3, 4; P.A. 01-175, S. 21, 32.)
History: P.A. 97-300 amended Subsec. (c) to authorize the commissioner to require information necessary to complete
a criminal history records check, effective July 8, 1997; P.A. 01-175 amended Subsec. (c) by specifying that criminal
history records checks are state and national and by making a technical change, effective July 1, 2001.
Sec. 22a-6p. Time frames for issuance of permits. Regulations. The Commissioner of Environmental Protection shall adopt regulations on or before October 1, 1996,
in accordance with the provisions of chapter 54, establishing schedules for timely action
for each application for a permit for activity regulated under this title. Such schedules
may be based on the lengths of time that the commissioner deems appropriate for different categories of permit applications and permits and may address situations when more
than one permit is required for the regulated activity. Each such schedule shall contain
the following:
(1) A provision that the schedule shall begin when an application is received by the
Department of Environmental Protection, any public notice requirements have been
fulfilled and the application fee is paid;
(2) One or more periods of reasonable length, based on the nature and complexity
of the review required of the department, at the end of which time the department shall
issue a decision to grant or deny the permit or identify deficiencies in the application,
provided the schedule may also reasonably limit the amount of time in which the applicant may remedy such deficiencies;
(3) A period of reasonable length, based on the nature and complexity of the review
required of the commissioner, beginning with receipt of materials submitted by the
applicant in response to the commissioner's identification of deficiencies, at the end of
which time the commissioner shall issue a tentative determination to grant or deny the
permit;
(4) A period of reasonable length after such tentative determination and the conclusion of any public hearing held with regard to such decision;
(5) Allowance for applicable state or federal public participation requirements; and
(6) A provision extending the time periods set forth in subdivisions (2) and (3) of
this subsection when action by another state agency or a federal or municipal agency
is required before the commissioner may act, when (A) judicial proceedings affect the
ability of the commissioner or the applicant to proceed with the application, (B) the
commissioner has commenced enforcement proceedings which could result in revocation of an existing permit for the facility or regulated activity that is the subject of the
application and denial of the application, or (C) the applicant provides written assent
extending any applicable time period.
(P.A. 95-218, S. 20, 24.)
History: P.A. 95-218, S. 20 effective July 6, 1995.
Sec. 22a-6q. Alternative time frame for action on permit. When the commissioner determines, based on the size, novelty, complexity or technical difficulty of a
project, that work cannot be completed within the schedule for timely action applicable
to a permit application pursuant to subdivision (3) of section 22a-6p, the commissioner
shall notify the applicant of such determination within thirty days of receiving the permit
application and shall, within forty-five days of providing such notice, establish an alternative permit schedule for timely action.
(P.A. 95-218, S. 21, 24; P.A. 96-118, S. 1.)
History: P.A. 95-218, S. 21 effective July 6, 1995; P.A. 96-118 made a technical correction to an internal reference.
Sec. 22a-6r. Report on permitting efforts. On or before July 1, 1997, and annually thereafter, the commissioner shall submit to the Governor and the joint standing
committees of the General Assembly having cognizance of matters relating to environment and the Department of Economic and Community Development a report on the
permitting efforts of the Department of Environmental Protection in the preceding state
fiscal year. Such report shall include, but not be limited to: An identification of revenues
received from permit application fees and any revenues derived from the processing of
such applications as set forth in this chapter and the department's appropriation from
the General Fund for permitting activities; the number and amount of permit applications
received; the number of permit decisions issued and the number of permits pending;
the number and amount of permit application fees refunded; the number of permit applications requiring alternative timely action schedules pursuant to section 22a-6q; and a
summary of the significant improvements the department has made in its permitting
programs.
(P.A. 95-218, S. 22, 24; 95-250, S. 1; P.A. 96-118, S. 2; 96-211, S. 1, 5, 6.)
History: P.A. 95-218, S. 22 effective July 6, 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department
of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 96-118
made a technical correction to an internal reference.
Sec. 22a-6s. Minor violations of environmental protection laws. (a) As used in
this section, "minor violation" means a violation of any of the provisions of chapters
440, 441, 444, 445, 446a, 446c, 446d, 446i, 446j and 446k but does not mean any such
violation which the Commissioner of Environmental Protection determines, in his sole
discretion, (1) was intentionally committed, (2) enabled the violator to avoid costs either
by a reduction in cost or by gaining a competitive advantage, (3) is a repeat violation
or is committed by a violator with an environmental compliance history determined by
said commissioner, in his sole discretion, to require more serious enforcement action,
(4) has caused actual exposure of any person to hazardous waste or poses a significant
risk to human health or the environment, (5) cannot be corrected within thirty calendar
days or for which a plan for compliance cannot be completed and agreed to within thirty
calendar days of the violator's receipt of the notice, or (6) is one of several potentially
minor violations detected in the course of an inspection or review the totality of which
the commissioner determines to be more serious.
(b) The Commissioner of Environmental Protection may establish a program to
expedite the enforcement process for minor violations. Pursuant to said program, the
commissioner may issue a warning notice for any minor violation detected in the course
of an inspection by said commissioner, or his designee, or in any review of documentation submitted by any person subject to regulation by said commissioner pursuant to
said chapters. Such notice shall (1) describe the violation and specify the date such
violation occurred, (2) specify alternatives the violator may consider to correct the violation, (3) provide a projected time frame for correcting the violation, and (4) advise the
violator of its responsibilities under this section.
(c) Within thirty calendar days of receipt of the notice, such violator shall certify
to the commissioner in writing that (1) the minor violation has been corrected, (2) measures to assure that such violation will not recur have been implemented to the extent
action can not be taken to correct the specific violation identified in the notice, (3) action
to correct the violation will be taken according to a specified schedule to the extent
action has not been taken to correct the violation, or (4) no such violation occurred or
that the notice is inaccurate.
(d) Within thirty calendar days of receipt of the certification required under subsection (c) of this section, the commissioner shall inform the violator in writing that (1)
action reported taken or to be taken to correct the minor violation is satisfactory and the
warning notice shall not be considered by the commissioner under section 22a-6m, (2)
such action is not satisfactory and that further enforcement action may be taken, or
(3) no minor violation occurred and the warning notice shall not be considered by the
commissioner in any action taken pursuant to said section 22a-6m.
(e) The commissioner may take any enforcement action he deems necessary if such
violator fails to take appropriate action pursuant to subsection (c) of this section.
(P.A. 95-56, S. 1; P.A. 96-52.)
History: P.A. 96-52 amended Subsecs. (a) and (b) to expand program to enumerated chapters, deleting references to
state hazardous waste laws, and amended Subsec. (d) to delete provision re rescission of warning notices; (Revisor's note:
In 1999 the word "to" was inserted in the phrase "pursuant to said chapters" in Subsec. (b) to correct a clerical error).
Sec. 22a-6t. Annual report on environmental compliance by regulated entities
and enforcement actions of the commissioner. Section 22a-6t is repealed, effective
October 1, 2001.
(P.A. 97-314, S. 4; P.A. 99-225, S. 28, 33; P.A. 01-204, S. 28; June Sp. Sess. P.A. 01-9, S. 73, 131.)
Sec. 22a-6u. Reporting of certain significant environmental hazards required.
(a) For the purposes of this section:
(1) "Commissioner" means the Commissioner of Environmental Protection, or his
designee;
(2) "Parcel" means a piece, tract or lot of land, together with buildings and other
improvements situated thereon, a legal description of which piece, parcel, tract or lot
is contained in a deed or other instrument of conveyance and which piece, tract or lot
is not the subject of an order or consent order of the commissioner which involves
requirements for investigation or reporting regarding environmental contamination;
(3) "Person" means person, as defined in section 22a-2;
(4) "Pollution" means pollution, as defined in section 22a-423;
(5) "Release" means any discharge, uncontrolled loss, seepage, filtration, leakage,
injection, escape, dumping, pumping, pouring, emitting, emptying or disposal of oil or
petroleum or chemical liquids or solids, liquid or gaseous products or hazardous wastes;
(6) "Residential activity" means any activity related to (A) a residence or dwelling,
including, but not limited to, a house, apartment, or condominium, or (B) a school,
hospital, day care center, playground or outdoor recreational area;
(7) "Substance" means an element, compound or material which, when added to
air, water, soil or sediment, may alter the physical, chemical, biological or other characteristics of such air, water, soil or sediment;
(8) "Upgradient direction" means in the direction of an increase in hydraulic
head; and
(9) "Technical environmental professional" means an individual, including, but not
limited to, an environmental professional licensed pursuant to section 22a-133v, who
collects soil, water, vapor or air samples for purposes of investigating and remediating
sources of pollution to soil or waters of the state and who may be directly employed by,
or retained as a consultant by, a public or private employer.
(b) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution is causing or has caused contamination of a public or
private drinking water well with a substance for which the Commissioner of Environmental Protection has established a ground water protection criterion in regulations
adopted pursuant to section 22a-133k at a concentration above the ground water protection criterion for such substance, such professional shall notify his client and the owner
of the parcel, if the owner can reasonably be identified, not later than twenty-four hours
after determining that the contamination exists. If, seven days after such determination,
the owner of the subject parcel has not notified the commissioner, the client of the
professional shall notify the commissioner. If the owner notifies the commissioner, the
owner shall provide documentation to the client of the professional which verifies that
the owner has notified the commissioner.
(2) The owner of a parcel on which exists a source of contamination to soil or
waters of the state shall notify the commissioner if such owner becomes aware that such
pollution is causing or has caused contamination of a private or public drinking water
well with a substance for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration at
or above the ground water protection criterion for such substance. Notice under this
section shall be given to the commissioner (A) orally, not later than one business day
after such person becomes aware that the contamination exists, and (B) in writing, not
later than five days after such oral notice.
(c) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution is causing or has caused contamination of a public or
private drinking water well with: (A) A substance for which the commissioner has
established a ground water protection criterion in regulations adopted pursuant to section
22a-133k at a concentration less than such ground water protection criterion for such
substance; or (B) any other substance resulting from the release which is the subject of
the investigation or remediation, such professional shall notify his client and the owner
of the parcel, if the owner can reasonably be identified, not later than seven days after
determining that the contamination exists.
(2) The owner of a parcel on which exists a source of pollution to soil or the waters
of the state shall notify the commissioner if such owner becomes aware that such pollution is causing or has caused contamination of a private or public drinking water well
with: (A) A substance for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration
less than such ground water protection criterion for such substance; or (B) any other
substance which was part of the release which caused such pollution. Notice under this
subdivision shall be given in writing not later than seven days after the time such person
becomes aware that the contamination exists.
(d) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution of soil within two feet of the ground surface contains
a substance, except for total petroleum hydrocarbon, at a concentration at or above thirty
times the industrial/commercial direct exposure criterion for such substance if the parcel
is in industrial or commercial use, or the residential direct exposure criterion if the
parcel is in residential use, which criteria are specified in regulations adopted pursuant
to section 22a-133k, such professional shall notify his client and the owner of the parcel,
if such owner is reasonably identified, not later than seven days after determining that
the contamination exists, except that notice will not be required if the land-use of such
parcel is not residential activity and the substance is one of the following: Acetone, 2-butanone, chlorobenzene, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,1-dichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, ethylbenzene, methyl-tert-butyl-ether, methyl isobutyl ketone, styrene, toluene, 1,1,1-trichloroethane, xylenes,
acenaphthylene, anthracene, butyl benzyl phthalate, 2-chlorophenol, di-n-butyl phthalate, di-n-octyl phthalate, 2,4-dichlorophenol, fluoranthene, fluorene, naphthalene,
phenanthrene, phenol and pyrene.
(2) The owner of the subject parcel, shall notify the commissioner in writing not
later than ninety days after the time such owner becomes aware that the contamination
exists except that notification will not be required if not later than ninety days: (A) The
contaminated soil is remediated in accordance with regulations adopted pursuant to
section 22a-133k; (B) the contaminated soil is inaccessible soil as that term is defined
in regulations adopted pursuant to section 22a-133k; or (C) the contaminated soil which
exceeds thirty times such criterion is treated or disposed of in accordance with all applicable laws and regulations.
(e) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution is causing or has caused ground water within fifteen
feet beneath an industrial or commercial building to be contaminated with a volatile
organic substance at a concentration at or above thirty times the industrial/commercial
volatilization criterion for ground water for such substance or, if such contamination is
beneath a residential building, at a concentration at or above thirty times the residential
volatilization criterion, which criteria are specified in regulations adopted pursuant to
section 22a-133k, such professional shall, not later than seven days after determining
that the contamination exists, notify his client and the owner of the subject parcel, if
such owner can reasonably be identified.
(2) The owner of such parcel shall notify the commissioner in writing not later than
thirty days after such person becomes aware that the contamination exists except that
notification is not required if: (A) The concentration of such substance in the soil vapor
beneath such building is at or below thirty times the soil vapor volatilization criterion,
appropriate for the land-use for the parcel, for such substance as specified in regulations
adopted pursuant to section 22a-133k; (B) the concentration of such substance in groundwater is below thirty times a site-specific volatilization criterion for ground water for
such substance calculated in accordance with regulations adopted pursuant to section
22a-133k; (C) ground water volatilization criterion, appropriate for the land-use of the
parcel, for such substance specified in regulations adopted pursuant to section 22a-133k
is fifty thousand parts per billion; or (D) not later than thirty days after the time such
person becomes aware that the contamination exists, an indoor air monitoring program
is initiated in accordance with subdivision (3) of this subsection.
(3) An indoor air quality monitoring program for the purposes of this subsection
shall consist of sampling of indoor air once every two months for a duration of not less
than one year, sampling of indoor air immediately overlying such contaminated ground
water, and analysis of air samples for any volatile organic substance which exceeded
thirty times the volatilization criterion as specified in or calculated in accordance with
regulations adopted pursuant to section 22a-133k. The owner of the subject parcel shall
notify the commissioner if: (A) The concentration in any indoor air sample exceeds
thirty times the target indoor air concentration, appropriate for the land-use of the parcel,
as specified in regulations adopted pursuant to section 22a-133k; or (B) the indoor air
monitoring program is not conducted in accordance with this subdivision. Notice shall
be given to the commissioner in writing not later than seven days after the time such
person becomes aware that such a condition exists.
(f) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution is causing or has caused contamination of ground
water which is discharging to surface water and such ground water is contaminated with
a substance for which an acute aquatic life criterion is listed in appendix D of the most
recent water quality standards adopted by the commissioner at a concentration which
exceeds ten times (A) such criterion for such substance in said appendix D, or (B) such
criterion for such substance times a site specific dilution factor calculated in accordance
with regulations adopted pursuant to section 22a-133k, such professional shall notify
his client and the owner of such parcel, if such owner can reasonably be identified, not
later than seven days after determining that the contamination exists.
(2) The owner of such parcel shall notify the commissioner in writing not later than
seven days after the time such person becomes aware that the contamination exists
except that notice shall not be required if such person knows that the polluted discharge
at that concentration has been reported to the commissioner in writing within the preceding year.
(g) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution is causing or has caused contamination of ground
water within five hundred feet in an upgradient direction of a private or public drinking
water well which ground water is contaminated with a substance resulting from a release
for which the commissioner has established a ground water protection criterion in regulations adopted pursuant to section 22a-133k at a concentration at or above the ground
water protection criterion for such substance, such technical environmental professional
shall notify his client and the owner of the subject parcel, if such owner can reasonably
be identified, not later than seven days after determining that the contamination exists.
(2) The owner of the subject parcel shall notify the commissioner in writing not
later than seven days after the time such owner becomes aware that the contamination
exists.
(h) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating
from a parcel, that such pollution is causing or has caused polluted vapors emanating
from polluted soil, groundwater or free product which vapors are migrating into structures or utility conduits and which vapors pose an explosion hazard, such technical
environmental professional shall immediately notify his client and the owner of the
subject parcel, if such owner can reasonably be identified, not later than twenty-four
hours after determining that the vapor condition exists. If the owner of such parcel fails
to notify the commissioner in accordance with this subsection, such client shall notify
the commissioner. If the owner notifies the commissioner, the owner shall provide documentation to the client of the professional which verifies that the owner has notified the
commissioner.
(2) The owner of such parcel shall orally notify the commissioner and the local fire
department immediately and under all circumstances not later than two hours after the
time a technical environmental professional notifies the owner that the vapor condition
exists, and shall notify the commissioner in writing not later than five days after such
oral notice.
(i) All notices, oral or written, provided under this section shall include the nature
of the contamination or condition, the address of the property where the contamination
or condition is located, the location of such contamination or condition, any property
known to be affected by such contamination or condition, any steps being taken to abate,
remediate or monitor such contamination or condition, and the name and address of
the person making such notification. Written notification shall be clearly marked as
notification required by this section and shall be either personally delivered to the Water
Management Bureau of the Department of Environmental Protection or sent certified
mail, return receipt requested, to the Water Management Bureau of the Department of
Environmental Protection.
(j) The commissioner shall provide written acknowledgment of receipt of a written
notice pursuant to this section not later than ten days of receipt of such notice. Such
acknowledgment shall be accompanied by (1) a statement that the owner of the parcel
has up to ninety days within which to submit to the commissioner a plan to remediate
or abate the contamination or condition. If such plan is not submitted or is not approved
by the commissioner, the commissioner shall prescribe the action to be taken, or (2) a
directive as to action required to remediate or abate the contamination or condition. If
a plan is submitted which details actions to be taken, or a report is submitted which
details actions taken, to mitigate the contamination or conditions such that notice under
this section would not be required, and such plan or report is acceptable to the commissioner, the commissioner shall approve such plan or report in writing. When actions
implementing an approved plan are completed, the commissioner shall issue a certificate
of compliance.
(k) An owner who has submitted written notice pursuant to this section shall, not
later than five days after the commencement of an activity by any person that increases
the likelihood of human exposure to known contaminants, including, but not limited to,
construction, demolition, significant soil disruption or the installation of utilities, post
such notice in a conspicuous place on such property and, in the case of a place of business,
in a conspicuous place inside the place of business. An owner who violates this subsection shall pay a civil penalty of one hundred dollars for each offense. Each violation
shall be a separate and distinct offense and, in the case of a continuing violation, each
day's continuance thereof shall be deemed to be a separate and distinct offense. The
Attorney General, upon complaint of the commissioner, shall institute an action in the
superior court for the judicial district of Hartford to recover such penalty.
(l) Not later than ten days after receipt of any written notice received under this
section, the commissioner shall: (1) Forward a copy of such notice to the chief elected
official of the municipality in which the subject pollution was discovered by the technical
environmental professional, (2) forward a copy of such notice to the state senator and
state representative representing the area in which the subject pollution was discovered
by the technical environmental professional, and (3) maintain a list on the department's
Internet website of all the notices received under this section.
(m) Nothing in this section and no action taken by any person pursuant to this section
shall affect the commissioner's authority under any other statute or regulation.
(n) Nothing in this section shall excuse a person from complying with the requirements of any statute or regulation except the commissioner may waive the requirements
of the regulations adopted under section 22a-133k if he determines that it is necessary
to ensure that timely and appropriate action is taken to mitigate or minimize any of the
conditions described in subsections (b) to (h), inclusive, of this section.
(P.A. 98-134, S. 1; P.A. 04-134, S. 1.)
History: P.A. 04-134 designated existing Subsec. (k) as Subsec. (m) and existing Subsec. (l) as Subsec. (n), added new
Subsec. (k) re posting of notice and penalties for failure to do so, and added new Subsec. (l) re forwarding of notice and
maintenance of list of notices on department website.
Sec. 22a-6v. Report on protected open space acquisition. On or before the tenth
day of each month, the Commissioner of Environmental Protection shall submit a report
to the joint standing committee of the General Assembly having cognizance of matters
relating to finance, revenue and bonding and to the State Bond Commission which report
shall provide information on any acquisition of land or interest in land completed in the
previous month by the state, a municipality, water company or nonprofit organization
using funds authorized for the open space and watershed land acquisition program established under section 7-131d and the recreation and natural heritage trust program established under sections 23-73 to 23-79, inclusive.
(P.A. 98-157, S. 6, 15.)
History: P.A. 98-157 effective July 1, 1998.
Sec. 22a-6w. Notice to municipality of commissioner's enforcement action.
Prior to, or concurrent with, taking any enforcement action under this title or any action
to recover any civil penalty imposed under this title, the Commissioner of Environmental
Protection shall give notice of such action to the chief elected official of the municipality
in which the regulated activity which gave rise to such action is located. Such information
shall be held confidential by such official and shall not be considered a public record
or public information for purposes of chapter 3.
(P.A. 98-140, S. 4.)
Sec. 22a-6x. Office of Enforcement Policy and Coordination. There is established within the Department of Environmental Protection the Office of Enforcement
Policy and Coordination. Said office shall coordinate policy regarding enforcement
of environmental protection laws, oversee enforcement practices, promote multimedia
enforcement practices and serve as a liaison to the United States Environmental Protection Agency on matters relating to enforcement programs. On or before February 1,
2000, the commissioner shall report to the joint standing committee of the General
Assembly having cognizance of matters relating to the environment regarding the activities of said office, actions the office has undertaken to coordinate policy and any recommendations the office has made regarding how such coordination should be achieved
in the future.
(P.A. 99-225, S. 29, 33; P.A. 00-26, S. 2.)
History: P.A. 99-225 effective June 29, 1999; P.A. 00-26 made a technical change.
Sec. 22a-6y. Exemplary environmental management systems. (a) Any business
required to obtain a permit or other approval from the Commissioner of Environmental
Protection to operate in this state may apply to the commissioner for the benefits of the
program established under subsection (e) of this section. Such application shall be on
forms and in a manner prescribed by the commissioner. The advisory board convened
under subsection (c) of this section shall consider, and may approve, such application
if the business has demonstrated to the satisfaction of such board that such business (1)
has an exemplary record of compliance with environmental laws which shall include,
but shall not be limited to, evidence that such business has not been found in violation
of any such law, other than a minor violation as determined under section 22a-6s, within
the preceding three years; (2) has complied with the provisions of section 22a-6s and
any orders of the commissioner under said section, with regard to any minor violation,
as defined in said section; and (3) consistently employs practices in its operation that
ensure protection of the natural environment to a degree greater than that required by law.
(b) Upon approval of such application, the commissioner may provide the benefits
of the program to the business if the commissioner finds that (1) the business is registered
as meeting the ISO 14001 Environmental Management System Standard and has
adopted principles for sustainability such as the CERES principles, the Natural Step,
the Hanover Principles or equivalent internationally recognized principles for sustainability as determined by the commissioner, or (2) in the case of a small business, as
defined in section 32-344, the business has an equivalent environmental management
system which employs a data collection system for the categories of information described in 63 Federal Register 12094 (1998). The environmental management system
of any business approved for the program system shall include provisions for commitment of the management of the business to the environmental management system,
compliance assurance and pollution prevention, enabling systems, performance and
accountability, third-party audits and measurement and improvement. Any business
approved for the program shall be issued a certificate by the commissioner evidencing
such approval.
(c) The commissioner shall submit an application of a business under subsection
(a) of this section to an advisory board convened by the commissioner for consideration
of such application. Such board shall consist of a representative of the Council on Environmental Quality; the Attorney General, or a designee; a representative of the industry
in which the business is engaged, provided such representative has no business relationship with the applicant; and the commissioner, or a designee.
(d) If the commissioner finds that a business that has been approved for the program
ceases to be qualified for the program because it no longer complies with the requirements provided for in subsections (a) and (b) of this section, the commissioner shall
revoke the certificate issued under subsection (b) of this section and the business shall
not be entitled to any further benefits under the program. Any such business may reapply
to the program at any time.
(e) The Commissioner of Environmental Protection may establish a pilot program
to attract to this state, or to support in this state, businesses which require a permit or
other approval from the commissioner in order to operate in this state and which have
a history of providing for the best protection of the natural environment in the operations
of such business. Such program may be based on any model plan developed by a
multistate working group or may replicate a pilot program developed by such a group.
Such program shall provide for expedited review of permit applications and a public
recognition process which may include issuance to businesses of a symbol or seal signifying the exemplary record of environmental protection and exclusive use of such symbol or seal by the business in its advertising or other public displays. Notwithstanding
any provision of this title and the regulations adopted by the commissioner under this
title, such program may provide for (1) less frequent reporting, consistent with federal
law, of information otherwise required to be reported as a condition of the business'
operation in this state, (2) a facility-wide permit for all approvals required from the
commissioner for operation of a facility operated by the business in this state, (3) a
permit that would allow for changes in individual processes at a facility without the
need for a new permit provided the total pollutant emissions or discharge from the facility
does not increase, or (4) reduced fees for any permit required from the commissioner.
(P.A. 99-226.)
Sec. 22a-6z. Regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976. The regulations promulgated by the federal Environmental Protection Agency as of January 1, 2001, that implement Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq. shall replace the
regulations promulgated pursuant to chapters 445, 446d and 446k that pertain to the
regulation of hazardous wastes unless, prior to January 1, 2002, the Commissioner of
Environmental Protection has issued a public notice of intent to adopt such federal
regulations and such regulations are submitted to the Secretary of the State, as provided
under chapter 54, no later than June 30, 2002.
(P.A. 01-204, S. 5, 29; June Sp. Sess. P.A. 01-9, S. 73, 131.)
History: P.A. 01-204 effective July 1, 2002; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without
affecting this section.
See Sec. 22a-116 re regulations adopted under chapter 445 (Hazardous Waste) concerning construction, operation,
closure and postclosure of hazardous waste facilities.
See Sec. 22a-130 re regulations adopted under chapter 445 (Hazardous Waste) concerning hazardous waste regulation,
and concerning Connecticut Siting Council regulations adopted under chapter 277a (Public Utility Environmental Standards Act).
See Sec. 22a-208a re regulations adopted under chapter 446d (Solid Waste Management) concerning permits for construction, alteration or operation of solid waste facilities.
See Sec. 22a-209 re regulations adopted under chapter 446d (Solid Waste Management) concerning solid waste management and permits.
See Sec. 22a-231 re regulations adopted under chapter 446d (Solid Waste Management) concerning operating procedures for resource recovery facilities.
See Sec. 22a-454 re regulations adopted under chapter 446k (Water Pollution Control) concerning collecting, storing
or treating waste oil or petroleum or chemical liquids or hazardous waste and the containment, removal or mitigation of
the effects of discharge, spillage, uncontrolled loss, seepage or filtration of same.