Sec. 22a-69. State-wide program of noise regulation. (a) The commissioner may
develop, adopt, maintain and enforce a comprehensive state-wide program of noise
regulation which may include, but need not be limited to the following: (1) Controls on
environmental noise through the regulation and restriction of the use and operation of
any stationary noise source; (2) ambient noise standards for stationary noise sources
which in the commissioner's judgment are major sources of noise when measured from
beyond the property line of such source and such standards shall be feasible and requisite
to protect the public health, safety and welfare; such standards may include, but need
not be limited to, adoption by reference of standards or regulations adopted by the
administrator of the United States Environmental Protection Agency pursuant to the
Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto; (3) consultation
with state and local governmental agencies when such agencies adopt and enforce codes,
standards and regulations dealing with noise insulation and abatement for any occupancy
or class of occupancy; (4) controls on airport and aircraft noise to the extent not preempted by federal law; nor shall the state preempt power of local governments, in their
capacity as proprietors of airports or under police powers.
(b) (1) Any regulation promulgated pursuant to this chapter shall be adopted pursuant to chapter 54 and shall be one which, in the judgment of the commissioner, is requisite
to protect the public health, safety and welfare, taking into account the magnitude and
conditions of use or operation of the stationary noise source involved, alone or in combination with other such sources, the degree of noise reduction achievable through the
application of the best available and practical technology, taking into consideration
technology which may be available at the time the regulation becomes effective.
(2) Regulations promulgated pursuant to the authority of this chapter may be applicable throughout the state or to such parts or regions thereof specifically designated in
such regulations.
(3) The commissioner shall adopt regulations providing for the granting of individual variances from the provisions of this chapter, whenever it is found, upon presentation
by the petitioner of adequate proof, that compliance with any provision of this chapter,
any regulation promulgated under it or an order of the commissioner would impose an
arbitrary or unreasonable hardship.
(P.A. 74-328, S. 4, 12; June Sp. Sess. P.A. 91-10, S. 13, 20.)
History: June Sp. Sess. P.A. 91-10 amended Subsec. (a) to make the commissioner's powers and duties under this
section discretionary.
Sec. 22a-70. Duties and powers of the commissioner. In order to carry out the
purposes of this chapter, the commissioner may:
(a) Exercise all powers granted to him under section 22a-6;
(b) Provide technical assistance to other state agencies and to political subdivisions
of this state;
(c) Conduct programs of public education regarding the causes and effects of noise
and means for its abatement and control and encourage the participation of professional,
scientific, conservation and other public interest groups in related public information
efforts;
(d) Cooperate with all federal, interstate, state and local governments relating to
the control, prevention and abatement of noise;
(e) Receive and disburse all appropriate funds pertaining to the state's noise control
program from private and public sources;
(f) Appoint such advisory groups and committees as may be necessary to assist in
carrying out the state noise control program;
(g) Investigate complaints, institute and conduct surveys and testing programs, conduct general ambient noise sampling programs, make observations of conditions which
may or do cause or affect noise pollution and make tests or other determinations of noise
sources and assess the degree of abatement required.
(P.A. 74-328, S. 5, 12.)
Sec. 22a-71. Commissioner's report to Governor and General Assembly. The
commissioner shall report to the Governor and the General Assembly not later than
February 15, 1975, his recommendations for further executive and legislative action.
Such recommendations shall include:
(a) The feasibility of adopting a program of state certification of products determined to be low noise emission products, including products certified by the administrator of the United States Environmental Protection Agency pursuant to Section 15 of the
Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto;
(b) The feasibility of adopting a program establishing labeling requirements which
prohibit the sale or offer to sell or the lease or offer to lease of any product, machine or
equipment, or class thereof, without notice to the prospective purchaser, lessee or user
of the noise levels and characteristics emitted by such product, machine, vehicle or
equipment, or its effectiveness in reducing noise, as the case may be. Labeling requirements may be in conformity with federal labeling requirements where applicable;
(c) Other recommendations for executive and legislative action needed to carry out
a state-wide program of noise abatement.
(P.A. 74-328, S. 6, 12.)
Sec. 22a-72. Cooperation of state agencies, review of regulations. (a) State
agencies shall, to the fullest extent consistent with their authorities under state law administered by them, carry out the programs within their control in such a manner as to
further the policy stated in section 22a-67.
(b) State agencies shall cooperate with the commissioner in a state program of noise
regulation developed and maintained under this chapter.
(c) Each department, agency or instrumentality of the executive, legislative and
judicial branches of the government of this state, (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result in the
emission of noise, shall comply with federal and state requirements respecting control
and abatement of environmental noise.
(d) Each state agency shall consult with the commissioner in prescribing standards
or regulations respecting noise. If at any time the commissioner has reason to believe
that a standard or regulation or any proposed standard or regulation, of any agency
respecting noise does not protect the public health and welfare to the extent he believes
to be required and feasible, he may request such agency to review and report to him on
the advisability of revising such standard or regulation to provide such protection. Such
agency shall complete the requested review and report to the commissioner within such
time as the commissioner specifies, but such time specified may not be less than forty-five days from the date the request was made.
(P.A. 74-328, S. 3, 12.)
Sec. 22a-73. Municipal noise regulation programs; ordinances subject to commissioner's approval. (a) To carry out and effectuate the purposes and policies of this
chapter it is the public policy of the state to encourage municipal participation by means
of regulation of activities causing noise pollution within the territorial limits of the
various municipalities. To that end, any municipality may develop and establish a comprehensive program of noise regulation. Such program may include a study of the noise
problems resulting from uses and activities within its jurisdiction and its development
and adoption of a noise control ordinance.
(b) Any municipality may adopt, amend and enforce a noise control ordinance
which may include the following: (1) Noise levels which will not be exceeded in specified zones or other designated areas; (2) designation of a noise control officer and the
designation of an existing board or commission, or the establishment of a new board or
commission to direct such program; (3) implementation procedures of such program
and the relation of such program to other plans within the jurisdiction of the municipality;
(4) procedures for assuring compliance with state and federal noise regulations; (5)
noise level restrictions applicable to construction activities, including limitation on on-site hours of operation.
(c) No ordinance shall be effective until such ordinance has been approved by the
commissioner. No ordinance shall be approved unless it is in conformity with any state
noise control plan, including ambient noise standards, adopted pursuant to section 22a-69 or any standards or regulations adopted by the administrator of the United States
Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto. Notwithstanding the provisions of this subsection, any
municipality may adopt more stringent noise standards than those adopted by the commissioner, provided such standards are approved by the commissioner.
(P.A. 74-328, S. 7, 12.)
Sec. 22a-74. Prohibited acts. It shall be unlawful for any person to:
(a) Violate or fail to comply with this chapter or any regulation adopted pursuant
thereto, or the terms or conditions of any permit, variance or order issued pursuant to
this chapter or pursuant to any regulation adopted hereunder.
(b) Hinder or interfere with by force or otherwise, the performance by the commissioner or by any duly authorized agent or employee of the department or their assistants,
of any duty of said commissioner or such agent or employee under the provisions of
this chapter.
(c) On any property or premises owned or leased by such person, allow the creation,
continuance or maintenance of any noise, or allow the installation, use or operation of
any stationary noise source, which violates or fails to comply with this chapter, or any
regulation adopted pursuant to this chapter, or the terms or conditions of any permit,
variance or order issued pursuant to this chapter or pursuant to any regulation adopted
hereunder.
(d) Intentionally remove or render inoperable, other than for purposes of normal
maintenance, repair or replacement, any device or element of design installed into any
stationary noise source to achieve compliance with the provisions of this chapter, or to
use or operate after such device or element of design has been removed or rendered
inoperable with knowledge of such removal or of such rendering inoperable of such
device or element of design.
(P.A. 74-328, S. 8, 12.)