Sec. 22a-423. (Formerly Sec. 25-54b). Definitions. As used in this chapter:
"Commissioner" means the Commissioner of Environmental Protection or his designated agent; "waters" means all tidal waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells, springs, lakes, ponds, marshes, drainage systems and all
other surface or underground streams, bodies or accumulations of water, natural or
artificial, public or private, which are contained within, flow through or border upon
this state or any portion thereof; "wastes" means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of
the state; "sewage" means human and animal excretions and all domestic and such
manufacturing wastes as may tend to be detrimental to the public health; "pollution"
means harmful thermal effect or the contamination or rendering unclean or impure or
prejudicial to public health of any waters of the state by reason of any wastes or other
material discharged or deposited therein by any public or private sewer or otherwise so as
directly or indirectly to come in contact with any waters; "rendering unclean or impure"
means any alteration of the physical, chemical or biological properties of any of the
waters of the state, including, but not limited to, change in odor, color, turbidity or taste;
"harmful thermal effect" means any significant change in the temperature of any waters
resulting from a discharge therein, the magnitude of which temperature change does or
is likely to render such waters harmful, detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural, recreational or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life;
"person" means any individual, partnership, association, firm, limited liability company,
corporation or other entity, except a municipality, and includes the federal government,
the state or any instrumentality of the state, and any officer or governing or managing
body of any partnership, association, firm or corporation or any member or manager of
a limited liability company; "community pollution problem" means the existence of
pollution which, in the sole discretion of the commissioner, can best be abated by the
action of a municipality; "municipality" means any metropolitan district, town, consolidated town and city, consolidated town and borough, city, borough, village, fire and
sewer district, sewer district and each municipal organization having authority to levy
and collect taxes or make charges for its authorized function; "discharge" means the
emission of any water, substance or material into the waters of the state, whether or not
such substance causes pollution; "pollution abatement facility" means any equipment,
plant, treatment works, structure, machinery, apparatus or land, or any combination
thereof, acquired, used, constructed or operated for the storage, collection, reduction,
recycling, reclamation, disposal, separation or treatment of water or wastes, or for the
final disposal of residues resulting from the treatment of water or wastes, including, but
not limited to: Pumping and ventilating stations, facilities, plants and works; outfall
sewers, interceptor sewers and collector sewers; and other real or personal property
and appurtenances incident to their use or operation; "potable drinking water" means
drinking water from an existing water supply for which treatment is provided or an
alternative supply, which the Commissioner of Public Health determines does not create
an unacceptable risk of injury to the health or safety of those persons using such water
as a public or private source of water for drinking or other personal or domestic uses.
In making such determination, the Commissioner of Public Health shall balance all
relevant and substantive facts and inferences and shall not be limited to a consideration
of available statistical analysis but shall consider all the evidence presented and any
factor related to human health risks; "disposal system" means a system for disposing
of or eliminating wastes, either by surface or underground methods, and includes sewage
systems, pollution abatement facilities, disposal wells and other systems; "federal Water
Pollution Control Act" means the federal Water Pollution Control Act, 33 USC Section
466 et seq., including amendments thereto and regulations thereunder; "order to abate
pollution" includes an order to abate existing pollution or to prevent reasonably anticipated sources of pollution; "federal Safe Drinking Water Act" means the federal Safe
Drinking Water Act, 42 USC, Section 300f et seq., including amendments thereto and
regulations thereunder; "monitoring system" means a system or method for measuring
the quality or quantity of a discharge or its impact on the waters of the state. Such system
or method shall provide for any means the commissioner reasonably deems necessary
to assure the security of the system and the accuracy of monitoring results, including,
but not limited to, automatic monitoring; "effluent limitation" means any restriction,
established by the commissioner by regulations adopted in accordance with the provisions of chapter 54, on quantities, rates or concentrations of chemical, physical, biological and other constituents which are discharged into the waters of the state and established by permit, schedule of compliance or administrative order; "economic benefit"
includes the amount of any savings resulting from avoided or delayed expenditures as
a result of noncompliance with the effluent limitations of a permit to discharge into
the waters of the state, and includes capital or one-time expenditures, operating costs,
maintenance costs and any other benefits resulting from noncompliance; "persistent
violator" means any person or municipality which holds a permit to discharge into the
waters of the state and which has exceeded any effluent limitation by a factor of one
and one-half or more for four out of six consecutive reporting periods.
(1967, P.A. 57, S. 2; 1971, P.A. 872, S. 79; P.A. 73-555, S. 4, 10; P.A. 77-416; P.A. 80-15; P.A. 81-176, S. 4, 7; P.A.
82-240, S. 2, 3; P.A. 84-81, S. 2; P.A. 85-407, S. 3, 9; P.A. 86-82, S. 1, 5; 86-420, S. 10, 12; P.A. 88-118, S. 2, 3; P.A. 90-222, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-79, S. 101, 189; 95-257, S. 12, 21, 58.)
History: 1971 act replaced definition of "commission", i.e. water resources commission, with definition of "commissioner", i.e. commissioner of environmental protection and redefined "pollution" to specifically include that which is
"prejudicial to public health"; P.A. 73-555 extended applicability of definitions to include part II of chapter 474 and defined
"sewage"; P.A. 77-416 included subsurface sewage systems in definition of "pollution abatement facility"; P.A. 80-15
redefined "person" to include the federal government, the state and instrumentalities of the state; P.A. 81-176 defined the
Federal Safe Drinking Water Act; P.A. 82-240 defined "potable drinking water"; Sec. 25-54b transferred to Sec. 22a-423
in 1983; P.A. 84-81 revised the definition of potable drinking water by eliminating requirement that alternative supply be
provided at the boundary line of the affected property; P.A. 85-407 redefined "potable drinking water" to eliminate the
reference to drinking water standards established by the commissioner of health services and to add provision re determination by said commissioner that water does not create an unacceptable risk of injury to users; P.A. 86-82 defined "monitoring
system"; P.A. 86-420 redefined "pollution abatement facility"; P.A. 88-118 added an agent designated by the commissioner
to the definition of commissioner; P.A. 90-222 defined "effluent limitation", "economic benefit" and "persistent violator";
P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective
July 1, 1993; P.A. 95-79 redefined "person" to include a limited liability company and any member or manager of a limited
liability company, effective May 31, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Annotations to former section 25-54b:
Former statute cited. 148 C. 586. Cited. 170 C. 31.
Annotation to present section:
Cited. 226 C. 358, 360, 363.
Sec. 22a-424. (Formerly Sec. 25-54c). Powers and duties of commissioner. The
commissioner shall have the following powers and duties:
(a) To exercise general supervision of the administration and enforcement of this
chapter;
(b) To develop comprehensive programs for the prevention, control and abatement
of new or existing pollution of the waters of the state;
(c) To advise, consult and cooperate with other agencies of the state, the federal
government, other states and interstate agencies and with affected groups, political subdivisions and industries in furtherance of the purposes of this chapter. Such powers and
duties shall include receiving information provided by the United States Environmental
Protection Agency, which if subject to a claim of confidentiality pursuant to the federal
Freedom of Information Act of 1976 (5 USC 552) and regulations adopted thereunder,
shall be kept confidential by the commissioner notwithstanding any of the provisions
of section 1-210 to the contrary;
(d) To submit plans for the prevention and control of water pollution and to render
reports and accounts to the Administrator of the Environmental Protection Agency and
to any other federal officer or agency on such forms containing such information as the
said Administrator or any other federal officer or agency, may reasonably require, in
order to qualify the state and its municipalities for grants from the United States government;
(e) To encourage, participate in or conduct studies, investigations, research and
demonstrations, and collect and disseminate information, relating to water pollution and
the causes, prevention, control and abatement thereof;
(f) To issue, modify or revoke orders prohibiting or abating pollution of the waters of
the state, or requiring the construction, modification, extension or alteration of pollution
abatement facilities or monitoring systems, or any parts thereof, or adopting such other
remedial measures as are necessary to prevent, control or abate pollution;
(g) To hold such hearings as may be required under the provisions of this chapter
and the federal Water Pollution Control Act or other applicable federal law, for which
he shall have the power to issue notices by certified mail, administer oaths, take testimony and subpoena witnesses and evidence;
(h) To require the submission of plans, specifications and other necessary data for,
and inspect the construction of, pollution abatement facilities and monitoring or disposal
systems in connection with the issuance of such permits or approvals as may be required
by this chapter and the federal Water Pollution Control Act;
(i) To issue, continue in effect, revoke, transfer, modify or deny permits, under such
conditions as he may prescribe, for the discharge of any water, substance or material
into the waters of the state, or orders for or approval of the installation, modification or
operation of pollution abatement facilities or monitoring systems;
(j) To require proper maintenance and operation of monitoring and disposal
systems;
(k) To exercise all incidental powers necessary to carry out the purposes of this
chapter and the federal Water Pollution Control Act;
(l) To adopt regulations in accordance with the provisions of chapter 54 to implement this chapter and to comply with the federal Water Pollution Control Act and the
federal Safe Drinking Water Act;
(m) Either on his own initiative or upon complaint, to investigate or order the person
who caused or reasonably may be expected to cause the pollution to investigate all
points of existing or potential waste discharge which may directly or indirectly result
in pollution of the waters of the state provided upon written complaint by the Commissioner of Public Health, the chief executive officer of a municipality, the warden or any
of the burgesses of a borough, a committeeman of a fire district or a local or district
director of health, the commissioner shall investigate or order the person who caused
or reasonably may be expected to cause the pollution to investigate all points of existing
or potential waste discharges which may directly or indirectly result in pollution of the
waters of the state.
(1967, P.A. 57, S. 3; 1971, P.A. 872, S. 80; P.A. 73-38, S. 1, 8; P.A. 83-133; P.A. 84-219, S. 1, 4; P.A. 86-82, S. 2, 5;
86-239, S. 6, 14; P.A. 93-381, S. 9, 39; P.A. 94-205, S. 4; P.A. 95-218, S. 11, 24; 95-257, S. 12, 21, 58.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-38 replaced references to U.S. Secretary of the Interior and Federal Water Pollution Control administration with references to administrator of the Environmental Protection Agency and added references to part II of chapter
474a and to the Federal Water Pollution Control Act; Sec. 25-54c transferred to Sec. 22a-424 in 1983 and references to
part II of chapter 474a deleted reflecting incorporation of those sections in this chapter; P.A. 83-133 amended Subsec.
(c) by authorizing the commissioner to keep confidential water pollution information received from the United States
Environmental Protection Agency if such information is confidential under federal law, even if it would be available under
state law; P.A. 84-219 added Subdiv. (l) authorizing the commissioner to adopt regulations; P.A. 86-82 amended Subdiv.
(i) by authorizing the commissioner to consider prior violations and added references to monitoring systems throughout
section; P.A. 86-239 added Subdiv. (m) concerning investigations; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-205 amended Subsec. (i) to
delete a provision re review of permit applicant's compliance history; P.A. 95-218 amended Subsec. (i) to authorize the
commissioner to transfer permits; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 22a-6m re review of permit applicant's compliance history.
Annotation to former section 25-54c:
Cited. 170 C. 31.
Annotations to present section:
Cited. 226 C. 358, 373. Cited. Id., 737, 748. Cited. Id., 792, 804, 805. Cited. 241 C. 466.
Cited. 21 CA 91, 98.
Subdiv. (b):
Cited. 21 CA 91, 106.
Subdiv. (k):
Cited. 21 CA 91, 97.
Subdiv. (l):
Cited. 206 C. 65, 77.
Sec. 22a-425. (Formerly Sec. 25-54d). Records. The commissioner may require
any person or municipality to maintain such records relating to pollution, possible pollution or the operation of pollution abatement facilities as he deems necessary to carry
out the provisions of this chapter and the federal Water Pollution Act. The commissioner
or his authorized representative shall have access to such records, and may examine and
copy any such records or memoranda pertaining thereto, or shall be furnished copies of
such records on request.
(1967, P.A. 57, S. 4; 1971, P.A. 872, S. 81; P.A. 73-38, S. 2, 8.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner and deleted provisions authorizing commissioner's representatives to enter property for the purpose of
securing information and protecting confidentiality of information relating to trade secrets; P.A. 73-38 added reference to
part II of chapter 474a and Federal Water Pollution Control Act; Sec. 25-54d transferred to Sec. 22a-425 in 1983 and
reference to part II of chapter 474 deleted reflecting incorporation of those sections in this chapter.
Annotation to former section 25-54d:
Cited. 170 C. 31.
Sec. 22a-426. (Formerly Sec. 25-54e). Standards of water quality. (a) The Commissioner of Environmental Protection shall adopt, and may thereafter amend, standards
of water quality applicable to the various waters of the state or portions thereof as provided in this section. Such standards shall be consistent with the federal Water Pollution
Control Act and shall be for the purpose of qualifying the state and its municipalities
for available federal grants and for the purpose of providing clear and objective public
policy statements of a general program to improve the water resources of the state;
provided no standard of water quality adopted shall plan for, encourage or permit any
wastes to be discharged into any of the waters of the state without having first received
the treatment available and necessary for the elimination of pollution. Such standards
of quality shall: (1) Apply to interstate waters or portions thereof within the state; (2)
apply to such other waters within the state as the commissioner may determine is necessary; (3) protect the public health and welfare and promote the economic development of
the state; (4) preserve and enhance the quality of state waters for present and prospective
future use for public water supplies, propagation of fish and aquatic life and wildlife,
recreational purposes and agricultural, industrial and other legitimate uses; (5) be consistent with health standards as established by the Department of Public Health.
(b) Prior to adopting, amending or repealing standards of water quality, the commissioner shall conduct a public hearing. Notice of such hearing specifying the waters for
which standards are sought to be adopted, amended or repealed and the time, date and
place of such hearing shall be published as provided in said subdivision (1) of section
22a-6 and also at least twice during the thirty-day period preceding the date of the hearing
in a newspaper having a general circulation in the area affected and shall be given by
certified mail to the chief executive officer of each municipality in such area. Prior to
the hearing the commissioner shall make available to any interested person any information he has as to the water which is the subject of the hearing and the standards under
consideration, and shall afford to any interested person the opportunity to submit to him
any written material. At the hearing, any person shall have the right to make a written
or oral presentation. A full transcript or recording of each hearing shall be made and
kept available in the files of the Department of Environmental Protection.
(c) The commissioner shall establish the effective date of the adoption, amendment
or repeal of standards of water quality, subject to the provisions of subdivision (1) of
section 22a-6. Notice of such adoption, amendment or repeal shall be published in the
Connecticut Law Journal upon acceptance thereof by the federal government.
(d) The commissioner shall monitor the quality of the subject waters to demonstrate
the results of his program to abate pollution.
(1967, P.A. 57, S. 5; 1971, P.A. 872, S. 82; P.A. 77-614, S. 323, 610; P.A. 83-587, S. 47, 96; P.A. 90-222, S. 5; P.A.
93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner and department and added references to Subsec. (a) of Sec. 22a-6; P.A. 77-614 replaced department of
health with department of health services, effective January 1, 1979; Sec. 25-54e transferred to Sec. 22a-426 in 1983; P.A.
83-587 made a technical amendment; P.A. 90-222 amended Subsec. (a) to require the standards to be adopted in accordance
with this section instead of Subdiv. (1) of Sec. 22a-6; P.A. 93-381 replaced department of health services with department
of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of
Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Annotation to former section 25-54e:
Cited. 170 C. 31.
Annotation to present section:
Cited. 226 C. 792, 796.
Sec. 22a-427. (Formerly Sec. 25-54f). Pollution or discharge of wastes prohibited. No person or municipality shall cause pollution of any of the waters of the state
or maintain a discharge of any treated or untreated wastes in violation of any provision
of this chapter.
(1967, P.A. 57, S. 6.)
History: Sec. 25-54f transferred to Sec. 22a-427 in 1983.
Annotations to former section 25-54f:
Cited. 170 C. 31.
Cited. 4 CA 621, 623.
Annotations to present section:
Cited. 237 C. 135-137, 141, 142, 157-161. Cited. 239 C. 786.
Cited. 20 CA 709, 710. Cited. 21 CA 91, 102. Cited. 41 CA 120, 121.
Sec. 22a-428. (Formerly Sec. 25-54g). Orders to municipalities to abate pollution. If the commissioner finds that any municipality is causing pollution of the waters
of the state, or that a community pollution problem exists, or that pollution by a municipality or a community pollution problem can reasonably be anticipated in the future, he
may issue to the municipality an order to abate pollution. If the commissioner, after
giving due regard to regional factors, determines that such pollution can best be abated
by the action of two or more adjacent municipalities, he may issue his order jointly or
severally to such municipalities. If a community pollution problem exists in, or if pollution is caused by, a municipality geographically located all or partly within the territorial
limits of another municipality, the commissioner may, after giving due regard to regional
factors, determine which municipality shall be ordered to abate the pollution or may,
after giving due regard to regional factors, issue an order to both of such municipalities
jointly to provide the facilities necessary to abate the pollution. Any order issued pursuant to this section shall include a time schedule for action by the municipality or municipalities, as the case may be, which may require, but is not limited to, the following steps
to be taken by such municipality or municipalities: (a) Submission of an engineering
report outlining the problem and recommended solution therefor for approval by the
commissioner; (b) submission of contract plans and specifications for approval by the
commissioner; (c) arrangement of financing; (d) acceptance of state and federal construction grants; (e) advertisement for construction bids; (f) start of construction; (g)
placing in operation.
(1967, P.A. 57, S. 7; 1969, P.A. 153; 1971, P.A. 872, S. 83; P.A. 73-665, S. 8, 17.)
History: 1969 act authorized water resources commission to issue order jointly or severally to municipalities when
determination is made that abatement action would best be undertaken by two or more adjacent municipalities and made
minor technical changes; 1971 act replaced references to water resources commission with references to environmental
protection commissioner; P.A. 73-665 made commissioner's actions under section discretionary rather than mandatory,
replacing "shall" with "may"; Sec. 25-54g transferred to Sec. 22a-428 in 1983.
Annotation to former section 25-54g:
Cited. 170 C. 31.
Annotations to present section:
Cited. 226 C. 358, 388, 390. Cited. 237 C. 135, 139, 144, 158.
Cited. 21 CA 91, 102.
Sec. 22a-429. (Formerly Sec. 25-54h). Order to person to abate pollution. Section 22a-429 is repealed.
(1967, P.A. 57, S. 8; 1971, P.A. 872, S. 84; P.A. 73-665, S. 9, 17; P.A. 81-176, S. 3, 7; P.A. 87-261, S. 13.)
Sec. 22a-430. (Formerly Sec. 25-54i). Permit for new discharge. Regulations.
Renewal. Special category permits or approvals. Limited delegation. General permits. (a) No person or municipality shall initiate, create, originate or maintain any discharge of water, substance or material into the waters of the state without a permit
for such discharge issued by the commissioner. Any person who initiated, created or
originated a discharge prior to May 1, 1967, and any municipality which initiated, created or originated a discharge prior to April 10, 1973, for which a permit has not been
issued pursuant to this section, shall submit an application for a permit for such discharge
on or before July 1, 1987. Application for a permit shall be on a form prescribed by the
commissioner, shall include such information as the commissioner may require and
shall be accompanied by a fee of twenty-five per cent more than the amount established
in regulations in effect on July 1, 1990. On and after July 1, 1991, such fees shall be as
prescribed by regulations adopted by the commissioner in accordance with chapter 54.
The commissioner shall not issue or renew a permit unless such issuance or renewal is
consistent with the provisions of the federal Clean Water Act (33 USC 1251 et seq.).
(b) The commissioner, at least thirty days before approving or denying a permit
application for a discharge, shall publish once in a newspaper having a substantial circulation in the affected area notice of (1) the name of the applicant; (2) the location, volume,
frequency and nature of the discharge; (3) the tentative decision on the application, and
(4) additional information the commissioner deems necessary to comply with the federal
Clean Water Act (33 USC 1251 et seq.). There shall be a comment period following
the public notice during which period interested persons and municipalities may submit
written comments. After the comment period, the commissioner shall make a final determination either that (A) such discharge would not cause pollution of any of the waters
of the state, in which case he shall issue a permit for such discharge, or (B) after giving
due regard to any proposed system to treat the discharge, that such discharge would cause
pollution of any of the waters of the state, in which case he shall deny the application and
notify the applicant of such denial and the reasons therefor, or (C) the proposed system
to treat such discharge will protect the waters of the state from pollution, in which case
he shall, except as provided pursuant to subsection (j) of this section, require the applicant
to submit plans and specifications and such other information as he may require and
shall impose such additional conditions as may be required to protect such water, and
if the commissioner finds that the proposed system to treat the discharge, as described
by the plans and specifications or such other information as may be required by the
commissioner pursuant to subsection (j) of this section, will protect the waters of the state
from pollution, he shall notify the applicant of his approval and, when such applicant has
installed such system, in full compliance with the approval thereof, the commissioner
shall issue a permit for such discharge, or (D) the proposed system to treat such discharge,
as described by the plans and specifications, will not protect the waters of the state, in
which case he shall promptly notify the applicant that its application is denied and the
reasons therefor. No permit shall be issued for an alternative on-site sewage treatment
system, as defined in the Public Health Code, in a drinking water supply watershed
unless the commissioner determines that (i) such system is the only feasible solution to
an existing pollution problem and that the proposed system capacity does not exceed
the capacity of the failed on-site system, or (ii) such system is for the expansion of an
existing municipal or public school project or for new construction of a municipal or
public school project on an existing municipal or public school site, in a municipality
in which a majority of the land is located within a drinking water supply watershed. The
commissioner shall, by regulations adopted in accordance with the provisions of chapter
54, establish procedures, criteria and standards as appropriate for determining if (I) a
discharge would cause pollution to the waters of the state, and (II) a treatment system
is adequate to protect the waters of the state from pollution. Such procedures, criteria
and standards may include schedules of activities, prohibitions of practices, operating
and maintenance procedures, management practices and other measures to prevent or
reduce pollution of the waters of the state, provided the commissioner in adopting such
procedures, criteria and standards shall consider best management practices. The regulations shall specify the circumstances under which procedures, criteria and standards for
activities other than treatment will be required. For the purposes of this section, "best
management practices" means those practices which reduce the discharge of waste into
the waters of the state and which have been determined by the commissioner to be
acceptable based on, but not limited to, technical, economic and institutional feasibility.
Any applicant, or in the case of a permit issued pursuant to the federal Water Pollution
Control Act, any person or municipality, who is aggrieved by a decision of the commissioner where an application has not been given a public hearing shall have the right to
a hearing and an appeal therefrom in the same manner as provided in sections 22a-436
and 22a-437. Any applicant, or in the case of a permit issued pursuant to the federal
Water Pollution Control Act, any person or municipality, who is aggrieved by a decision
of the commissioner where an application has been given a public hearing shall have
the right to appeal as provided in section 22a-437. The commissioner may, by regulation,
exempt certain categories, types or sizes of discharge from the requirement for notice
prior to approving or denying the application if such category, type or size of discharge
is not likely to cause substantial pollution. The commissioner may hold a public hearing
prior to approving or denying any application if in his discretion the public interest will
be best served thereby, and he shall hold a hearing upon receipt of a petition signed by
at least twenty-five persons. Notice of such hearing shall be published at least thirty days
before the hearing in a newspaper having a substantial circulation in the area affected.
(c) The permits issued pursuant to this section shall be for a period not to exceed
five years, except that any such permit shall be subject to the provisions of section 22a-431. Such permits: (1) Shall specify the manner, nature and volume of discharge; (2)
shall require proper operation and maintenance of any pollution abatement facility required by such permit; (3) may be renewable for periods not to exceed five years each
in accordance with procedures and requirements established by the commissioner; and
(4) shall be subject to such other requirements and restrictions as the commissioner
deems necessary to comply fully with the purposes of this chapter, the federal Water
Pollution Control Act and the federal Safe Drinking Water Act. An application for a
renewal of a permit which expires after January 1, 1985, shall be filed with the commissioner at least one hundred eighty days before the expiration of such permit. The commissioner, at least thirty days before approving or denying an application for renewal of a
permit, shall publish once in a newspaper having substantial circulation in the area
affected, notice of (A) the name of the applicant; (B) the location, volume, frequency
and nature of the discharge; (C) the tentative decision on the application; and (D) such
additional information the commissioner deems necessary to comply with the federal
Clean Water Act (33 USC 1251 et seq.). There shall be a comment period following
the public notice during which period interested persons and municipalities may submit
written comments. After the comment period, the commissioner shall make a final determination that (i) continuance of the existing discharge would not cause pollution of the
waters of the state, in which case he shall renew the permit for such discharge, (ii)
continuance of the existing system to treat the discharge would protect the waters of the
state from pollution, in which case he shall renew a permit for such discharge, (iii) the
continuance of the existing system to treat the discharge, even with modifications, would
not protect the waters of the state from pollution, in which case he shall promptly notify
the applicant that its application is denied and the reasons therefor, or (iv) modification
of the existing system or installation of a new system would protect the waters of the
state from pollution, in which case he shall renew the permit for such discharge. Such
renewed permit may include a schedule for the completion of the modification or installation to allow additional time for compliance with the final effluent limitations in the
renewed permit provided (I) continuance of the activity producing the discharge is in
the public interest; (II) the interim effluent limitations in the renewed permit are no less
stringent than the effluent limitations in the previous permit; and (III) the schedule would
not be inconsistent with the federal Water Pollution Control Act. No permit shall be
renewed unless the commissioner determines that the treatment system adequately protects the waters of the state from pollution. Any applicant, or in the case of a permit
issued pursuant to the federal Water Pollution Control Act, any person or municipality,
who is aggrieved by a decision of the commissioner where an application for a renewal
has not been given a public hearing shall have the right to a hearing and an appeal
therefrom in the same manner as provided in sections 22a-436 and 22a-437. Any applicant, or in the case of a permit issued pursuant to the federal Water Pollution Control
Act, any person or municipality, who is aggrieved by a decision of the commissioner
where an application for a renewal has been given a public hearing shall have the right
to appeal as provided in section 22a-437. Any category, type or size of discharge that
is exempt from the requirement of notice pursuant to subsection (b) of this section for
the approval or denial of a permit shall be exempt from notice for approval or denial of
a renewal of such permit. The commissioner may hold a public hearing prior to approving
or denying an application for a renewal if in his discretion the public interest will be
best served thereby, and he shall hold a hearing upon receipt of a petition signed by at
least twenty-five persons. Notice of such hearing shall be published at least thirty days
before the hearing in a newspaper having a substantial circulation in the area affected.
(d) If the commissioner finds that any person or municipality has initiated, created
or originated or is maintaining any discharge into the waters of the state without a permit
as required in subsection (a) of this section, or in violation of such a permit, the commissioner may issue an order to abate pollution which shall include a time schedule for the
accomplishment of the necessary steps leading to the abatement of such pollution, or
notwithstanding any request for a hearing pursuant to section 22a-436 or the pendency
of an appeal therefrom, the commissioner may request the Attorney General to bring
an action in the superior court for the judicial district of Hartford (1) to enjoin such
discharge by such person or municipality until the person or municipality has received
a permit from the commissioner or has complied with a permit which the commissioner
has issued pursuant to this section, or (2) for injunctive relief to remediate the effects
of such discharge. Any such action brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191.
(e) When the commissioner determines that any person or municipality has complied with an order issued pursuant to section 22a-428, 22a-431 or 22a-432, he may
issue a permit which shall thereafter be deemed equivalent to a permit issued under
subsection (b) of this section, provided a public hearing shall not be required prior to
issuing such permit unless required by the federal Water Pollution Control Act and the
federal Safe Drinking Water Act.
(f) The commissioner may, by regulation, establish and define categories of discharges, including but not limited to, residential swimming pools, small community
sewerage systems, household and small commercial disposal systems and clean water
discharges, for which he may delegate authority to any other state agency, water pollution control authority, municipal building official or municipal or district director of
health to issue permits or approvals in accordance with this section or to issue orders
pursuant to sections 22a-428, 22a-431, 22a-432 and 22a-436. In establishing such categories the commissioner shall consider (1) whether each discharge in such category,
because of size and character, is likely to cause significant pollution to the waters of
the state; (2) whether knowledge and training concerning disposal systems for each
discharge in such category is within the expertise of such agency, authority, official or
director; (3) whether the source of each discharge in such category is likely to be within
the jurisdiction of such agency, authority, official or director for other matters. The
commissioner shall establish, by regulation, minimum requirements for disposal systems for discharges in such categories. Any permit denied or order issued by any such
agency, authority, official or director shall be subject to hearing and appeal in the manner
provided in sections 22a-436 and 22a-437, provided such agency, authority, official or
director has been duly delegated authority by the commissioner pursuant to this subsection. Any permit granted by any such agency, authority, official or director to which
the commissioner has delegated authority pursuant to this subsection shall thereafter be
deemed equivalent to a permit issued under subsection (b) of this section.
(g) The commissioner shall, by regulation adopted prior to October 1, 1977, establish and define categories of discharges which constitute household and small commercial subsurface disposal systems for which he shall delegate to the Commissioner of
Public Health the authority to issue permits or approvals and to hold public hearings in
accordance with this section, on and after said date. The Commissioner of Public Health
shall, pursuant to section 19a-36, establish minimum requirements for household and
small commercial subsurface disposal systems and procedures for the issuance of such
permits or approvals by the local director of health or a sanitarian registered pursuant
to chapter 395. As used in this subsection, small commercial disposal systems shall
include those subsurface disposal systems with a capacity of five thousand gallons per
day or less. Any permit denied by the Commissioner of Public Health, or a director of
health or registered sanitarian shall be subject to hearing and appeal in the manner
provided in section 19a-229. Any permit granted by said Commissioner of Public Health,
or a director of health or registered sanitarian on or after October 1, 1977, shall be
deemed equivalent to a permit issued under subsection (b) of this section.
(h) Each person holding a permit to discharge into the waters of the state shall pay
an annual fee of twenty-five per cent more than the fee established by regulations in
effect on July 1, 1990. The commissioner may adopt regulations, in accordance with
the provisions of chapter 54, to prescribe the amount of the fees required pursuant to
this section. Upon the adoption of such regulations, the fees required by this section
shall be as prescribed in such regulations.
(i) (1) Notwithstanding the provisions of subsection (c) of this section, the commissioner may issue a permit for a discharge to waters of the state from any solid waste
disposal area, as defined in section 22a-207, or from any subsurface sewage disposal
system for a period not to exceed thirty years, and for any other discharge for a period
not to exceed ten years, provided such permit is not inconsistent with the federal Water
Pollution Control Act. Any permit issued pursuant to this subsection shall be subject to
the provisions of section 22a-431. For the purpose of this subsection, "subsurface sewage
disposal system" means a system consisting of a house or collection sewer, a septic tank
followed by a leaching system, any necessary pumps or siphons and any groundwater
control system on which the operation of the leaching system is dependent.
(2) Permits for the categories of discharge for which ten-year and thirty-year permits
may be issued pursuant to subdivision (1) of this subsection which are in effect on
October 1, 1996, shall not expire until five years or twenty-five years, respectively, after
the expiration date stated in the permit, provided such extension is not inconsistent with
the federal Water Pollution Control Act and further provided no such permit may be
valid for a period greater than thirty years and further provided, the commissioner may,
no earlier than two hundred seventy days before the expiration date stated in the permit,
send notice to the permittee that an application for permit renewal must be submitted
not later than one hundred eighty days prior to the expiration date stated in the permit.
If a timely and sufficient application for renewal is submitted within such time, the
permit shall be continued in accordance with subsection (b) of section 4-182. If a timely
and sufficient application is not submitted within such time, the permit shall expire
unless such permit is extended pursuant to section 22a-6j. Nothing in this section shall
affect the commissioner's authority to take action under this chapter, including but not
limited to, issuance of orders under section 22a-431.
(j) (1) The commissioner may exempt persons who or municipalities which apply
for permits for the following discharges from the requirement to submit plans and specifications under subsection (b) of this section:
(A) A discharge from a new treatment or disposal system which system is substantially the same as a system that the applicant is operating in compliance with a permit
for said system issued by the commissioner;
(B) The discharge is described in a general permit issued by the commissioner pursuant to section 22a-430b;
(C) The discharge is from a system, the purpose of which, as determined by the
commissioner, is not to treat any toxic or hazardous substances; or
(D) The discharge is exempt from public notice under subsection (b) of section 22a-430 and regulations adopted thereunder.
(2) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to establish other categories of discharges which may be exempted from the
requirement to submit plans and specifications under subsection (b) of this section. Such
regulations may include, but not be limited to, the following: (A) Minimum standards
for the design and operation of treatment systems for such discharges; and (B) requirements for submission of information concerning such discharges.
(1967, P.A. 57, S. 9; 1971, P.A. 163; 346, S. 1; 872, S. 85; P.A. 73-38, S. 3, 8; 73-555, S. 8, 10; 73-665, S. 10, 17; P.A.
74-187, S. 2; P.A. 77-285, S. 1, 2; 77-614, S. 323, 587, 610; P.A. 78-154, S. 16; 78-280, S. 6, 127; 78-303, S. 85, 136;
P.A. 81-176, S. 1, 2, 5-7; P.A. 82-111, S. 1; P.A. 84-219, S. 2, 4; P.A. 86-239, S. 7, 14; 86-277, S. 2, 4; P.A. 87-261, S.
5; P.A. 88-118, S. 1, 3; 88-230, S. 1, 12; 88-364, S. 84, 123; P.A. 90-98, S. 1, 2; 90-231, S. 9, 28; P.A. 91-263, S. 1, 8; 91-369, S. 17, 36; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; 93-428, S. 16, 20, 21, 39; P.A. 95-220, S. 4-6; 95-257, S. 12, 21,
58; P.A. 96-145, S. 2; P.A. 98-209, S. 1, 25; P.A. 02-129, S. 1; P.A. 03-123, S. 5; 03-125, S. 1; P.A. 04-151, S. 6.)
History: 1971 acts prohibited issuance of permit if discharge would be below the highest standard set pursuant to Subsec.
(a) of Sec. 25-54e in Subsec. (b) and replaced water resources commission with environmental protection commissioner;
P.A. 73-38 set deadline of April 10, 1973, for acquiring permit in Subsec. (a), clarified procedure under Subsec. (b) and
added provision allowing commissioner to waive hearing but required hearing if requested by at least twenty-five persons,
placed five-year limit on renewals and added reference to federal Water Pollution Control Act in Subsec. (c) and added
Subsec. (e); P.A. 73-555 added Subsec. (f) re establishment of categories of discharges; P.A. 73-665 made commissioner's
request for court action in Subsec. (d) discretionary rather than mandatory, substituting "may" for "shall"; P.A. 74-187
added references to sewer authorities in Subsec. (f); P.A. 77-285 authorized commissioner to define discharge categories
and deleted regulation of household and small commercial disposal systems in Subsec. (f) and added Subsec. (g) re household and small commercial disposal systems; P.A. 77-614 and P.A. 78-303 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 78-154 restored reference to household and small commercial
systems in Subsec. (f), added references to community sewerage systems and replaced "sewer authority" with "water
pollution control authority"; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A.
81-176 replaced former provisions in Subsec. (b) re mandatory public hearing on permit application and public notice of
the hearing with provisions requiring public notice of application and mandatory "comment period" before commissioner
approves or denies the permit, clarified language concerning commissioner's options for action on application and added
separate notice provision for hearing held at commissioner's discretion or upon receipt of petition, amended Subsec. (c)
by authorizing the commissioner to require compliance with the federal Safe Drinking Water Act as condition for obtaining
a permit, amended Subsec. (d) by authorizing the commissioner to issue abatement orders where there is a discharge
without a permit or in violation of a permit, amended Subsec. (e) by making public hearing mandatory only if required by
the federal Safe Drinking Water Act; P.A. 82-111 amended Subsec. (b) to clarify hearing and appeal procedure relative
to Secs. 25-54o and 25-54p; Sec. 25-54i transferred to Sec. 22a-430 in 1983; P.A. 84-219 amended Subsec. (b) by replacing
numeric Subdiv. indicators with alphabetic indicators and adding provisions requiring the commissioner to adopt regulations establishing standards for determining whether a discharge would cause pollution and the adequacy of a treatment
system and amended Subsec. (c) by adding provisions establishing procedures for permit renewal; P.A. 86-239 amended
Subsec. (f) by deleting reference to repealed Sec. 22a-418; P.A. 86-277 amended Subsec. (a) to require certain previously
exempt persons and municipalities to obtain permits and to prohibit the commissioner from issuing a permit or renewal if
such action would be inconsistent with the federal Clean Water Act; P.A. 87-261 amended Subsec. (a) by making technical
changes; P.A. 88-118 added Subsec. (h) authorizing the commissioner to issue general permits for categories of discharge;
P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September
1, 1991; P.A. 88-364 amended Subsecs. (e) and (f) to delete obsolete references to Sec. 22a-429; P.A. 90-98 changed the
effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-231 amended Subsec. (a) to require
permit application fees, provided that on and after July 1, 1991, the fee shall be prescribed by regulations, and added
Subsec. (i) re payment of annual fee by persons holding a permit to discharge into the waters of the state; P.A. 91-263
deleted former Subsec. (h) re permits, relettered former Subsec. (i) accordingly, and added Subsec. (i) concerning general
discharge permits; P.A. 91-369 amended Subsec. (i) to restate commissioner's authority to adopt regulations setting the
fees required by this section; (Revisor's note: In 1993 an obsolete reference in Subsec. (e) to repealed Sec. 22a-218 was
deleted editorially by the Revisors); 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. 93-381 replaced commissioner of health services with commissioner of
public health and addiction services, effective July 1, 1993; P.A. 93-428 amended Subsec. (b) to make that Subsec. consistent
with the new Subsec. (j), amended Subsec. (c) to provide additional authority to the commissioner re renewal of permits
and modifications to permits and added a new Subsec. (j) re exemptions from permit requirements of this section, effective
July 1, 1993; 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. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-145 amended Subsec. (i) to extend the
length of certain permits under this section to thirty years and to define "subsurface sewage disposal system"; P.A. 98-209 amended Subsecs. (b) and (c) to modify provisions re standing to appeal decisions on permits issued pursuant to federal
Water Pollution Control Act under this section; P.A. 02-129 amended Subsec. (b) by adding provision re issuance of permit
for an alternative on-site sewage treatment system in a drinking water supply watershed and making technical changes;
P.A. 03-123 made technical changes in Subsec. (c), effective June 26, 2003; P.A. 03-125 amended Subsec. (d) to make
technical changes, including technical changes for the purpose of gender neutrality, and to allow the Attorney General to
seek injunctive relief, effective July 1, 2003; P.A. 04-151 amended Subsec. (f) to add provisions re delegation of authority
by commissioner to an agency, authority, official or director, effective May 21, 2004.
See chapter 54 (Sec. 4-166 et seq.) re administrative procedures.
See Sec. 22a-27i re exemption of municipality for one year.
See Secs. 22a-208l and 22a-208o re wood-burning facilities.
Annotation to former section 25-54i:
Subsec. (g):
Cited. 183 C. 532, 550, 551.
Annotations to present section:
Cited. 192 C. 591, 595. Cited. 226 C. 205, 206, 210, 212, 214. Cited. 227 C. 175, 190. Cited. 233 C. 486, 491. Cited.
234 C. 488, 490.
Cited. 19 CA 216, 219. Cited. 21 CA 91-93, 95, 97, 102, 103, 105, 106. Cited. 41 CA 120-122.
Subsec. (a):
Cited. 218 C. 821, 823. Cited. 234 C. 488, 490.
Cited. 41 CA 120, 128.
Subsec. (c):
Cited. 21 CA 91, 97.
Subsec. (d):
Cited. 21 CA 91, 102, 103, 105. Cited. 41 CA 120-122, 134, 137.
Subsec. (e):
Cited. 21 CA 91, 97, 98.
Subsec. (f):
Department may delegate authority to water pollution control authorities to issue permits for all types of discharges
that involve sewer connections. 262 C. 84. There is no administrative remedy under subsec. to review alleged failure of
defendant to act at all in response to plaintiff's application. 265 C. 114.
Subsec. (g):
Applies only to septic system permits, not sewer permits. 262 C. 84.
Sec. 22a-430a. Delegation of authority to issue certain permits to municipal
water pollution control authorities. Section 22a-430a is repealed, effective October
1, 1997.
(P.A. 86-82, S. 3, 5; P.A. 87-235, S. 2; 87-261, S. 10; P.A. 97-162, S. 5.)
Sec. 22a-430b. General permits. Regulations. (a) The Commissioner of Environmental Protection may issue a general permit for a category or categories of discharges regulated pursuant to section 22a-430 except for process wastewater discharges
from the following industrial categories as defined pursuant to the federal Water Pollution Control Act: Timber products processing; electroplating; iron and steel manufacturing; inorganic chemicals manufacturing (I and II); textile mills; petroleum refining;
pulp, paper and paperboard; steam electric power plants; leather tanning and finishing;
porcelain enameling; coil coating I; coil coating (can making); electrical and electronic
components (I and II); metal finishing; copper forming; aluminum forming; pharmaceuticals and manufacturing; nonferrous metals manufacturing (I and II); battery manufacturing; plastics molding and forming; nonferrous metals forming; pesticides; metal
molding and casting; organic chemicals, plastics and synthetic fibers manufacturing;
and except for a discharge covered by an individual permit. The general permit may
regulate, within a geographical area, (1) A category of discharges which: Involve the
same or substantially similar types of operations, involve the same type of wastes, require
the same effluent limitations, operating conditions or standards, and require the same or
similar monitoring and which in the opinion of the commissioner are more appropriately
controlled under a general permit; (2) stormwater discharges; or (3) a category of discharges not requiring a permit under the federal Water Pollution Control Act. Any person
or municipality conducting an activity covered by a general permit shall not be required
to apply for or obtain an individual permit pursuant to section 22a-430, except as provided in subsection (c) of this section. The general permit may require that any person
or municipality initiating, creating, originating or maintaining any discharge into the
waters of the state under the general permit shall register such discharge with the commissioner before the general permit becomes effective as to such discharge. Registration
shall be on a form prescribed by the commissioner.
(b) Notwithstanding the provisions of chapter 54, a general permit shall be issued,
renewed, modified, revoked or suspended in accordance with the standards and procedures specified for an individual permit, in accordance with section 22a-430 and any
regulations adopted thereunder, except that (1) summary suspension may be ordered in
accordance with subsection (c) of section 4-182; (2) any proposed or final general permit
and notice thereof may address persons or municipalities which are or may be covered
by the general permit as a group, describe the facilities which are or may be covered by
the general permit in general terms; and (3) upon issuance of a proposed or final general
permit, the commissioner shall publish notice thereof in a newspaper of substantial
circulation in the affected area. General permits shall be issued for a term specified by
the permit and such terms shall be consistent with the federal Water Pollution Control
Act and shall be subject to the provisions of section 22a-431. Such permits shall: (1)
Describe the category of discharge regulated by the general permit; (2) specify the manner, nature and volume of discharge; (3) require proper operation and maintenance of
any pollution abatement facility required by such permit; and (4) be subject to such
other requirements and restriction as the commissioner deems necessary to fully comply
with the purposes of this chapter, the federal Water Pollution Control Act and the federal
Safe Drinking Water Act. Any construction or modification of a pollution abatement
facility or disposal system which is undertaken pursuant to and in accordance with a
general permit shall not require submission of plans and specifications to or approval
by the commissioner, unless required pursuant to the terms of the general permit.
(c) Subsequent to the issuance of a general permit, the commissioner may require
a person or municipality initiating, creating, originating or maintaining any discharge
which is or may be authorized by a general permit to obtain an individual permit pursuant
to section 22a-430 if the commissioner determines that an individual permit would
better protect the waters of the state from pollution. The commissioner may require an
individual permit under this subsection in cases including, but not limited to the following: (1) When the discharger is not in compliance with the conditions in the general
permit; (2) when a change has occurred in the availability of a demonstrated technology
or practice for the control or abatement of pollution applicable to the discharge; (3) when
effluent limitations and conditions are promulgated by the United States Environmental
Protection Agency or established by the commissioner under section 22a-430 for discharges covered by the general permit; (4) when a water quality management plan containing requirements applicable to such discharges is approved by the United States
Environmental Protection Agency; (5) when circumstances have changed since the issuance of the general permit so that the discharger is no longer appropriately controlled
under the general permit, or a temporary or permanent reduction or elimination of the
authorized discharge is necessary; (6) when the discharge is a significant contributor of
pollution, provided that in making this determination, the commissioner may consider
the location of the discharge with respect to waters of the state, the size of the discharge,
the quantity and nature of the pollution discharged to waters of the state, cumulative
impacts of discharges covered by the general permit and other relevant factors; or (7)
when the requirements of subsection (a) of this section are not met. The commissioner
may require an individual permit under this subsection only if the affected person or
municipality has been notified in writing that a permit application is required. The notice
shall include a brief statement of the reasons for the commissioner's decision, an application form, a statement setting forth a time for the person or municipality to file the
application, and a statement that on the effective date of the individual permit the general
permit as it applies to the individual permittee shall automatically terminate. The commissioner may grant additional time upon the request of the applicant. If the affected
person or municipality does not submit a complete application for an individual permit
within the time frame set forth in the commissioner's notice or as extended by the
commissioner in writing, then the general permit as it applies to the affected person or
municipality shall automatically terminate. Any interested person or municipality may
petition the commissioner to take action under this subsection.
(d) The commissioner may adopt regulations in accordance with the provisions of
chapter 54 to carry out the purposes of this section.
(P.A. 87-235, S. 1; 87-589, S. 37, 54, 87; P.A. 90-222, S. 3; P.A. 91-263, S. 2, 8; P.A. 93-428, S. 12, 39.)
History: P.A. 87-589 made technical change in Subsec. (d), deleting reference to Sec. 22a-418; P.A. 90-222 amended
Subsec. (a) to make the adoption of regulations mandatory rather than discretionary, substituting "shall" for "may"; P.A.
91-263 substantially revised this section to provide for a system of general permits for certain discharges not otherwise
regulated by this chapter; P.A. 93-428 amended Subsec. (b) to modify the requirement re publication of notice of issuance
of a general permit, effective July 1, 1993.
Sec. 22a-430c. Annual inventory of persons and municipalities in significant
noncompliance. The Commissioner of Environmental Protection shall make available
to the public an annual inventory of the persons or municipalities which have been issued
a permit under section 22a-430 and which are in significant noncompliance, as defined
pursuant to 40 CFR Ch. 1, 123.45. Such inventory shall be available to the public on or
before April first of each year.
(P.A. 91-270, S. 2.)
Sec. 22a-431. (Formerly Sec. 25-54j). Periodic investigation of discharges. Order to abate or submit information. The commissioner shall periodically investigate
and review those sources of discharge which are operating pursuant to any order, permit,
directive, registration or decision issued by the water resources commission or the commissioner before or after May 1, 1967, and, if he determines that there has been any
substantial change in the manner, nature or volume of such discharge which will cause
or threaten pollution to any of the waters of the state, or if he finds that the system
treating such discharge, or the operation thereof, no longer insures or adequately protects
against pollution of the waters of the state, the commissioner may issue an order to abate
such pollution to such person or municipality. Such order shall include a time schedule
for the accomplishment of the necessary steps leading to the abatement of the pollution.
The commissioner may issue an order to the person or municipality responsible for such
source of discharge requiring submission to him of information that he deems necessary
describing the manner, nature and volume of such discharge.
(1967, P.A. 57, S. 10; 1971, P.A. 872, S. 86; P.A. 73-665, S. 11, 17; P.A. 76-435, S. 37, 82; P.A. 82-472, S. 100, 183;
P.A. 84-219, S. 3, 4; P.A. 87-235, S. 3.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner, retaining reference to past actions of commission; P.A. 73-665 made commissioner's issuance of abatement
orders discretionary rather than mandatory, substituting "may" for "shall"; P.A. 76-435 deleted reference to water resources
commission; P.A. 82-472 included investigation of discharges operating pursuant to orders of water resources commission;
Sec. 25-54j transferred to Sec. 22a-431 in 1983; P.A. 84-219 added provision authorizing the commissioner to issue
orders requiring submission of information describing a discharge; P.A. 87-235 extended the commissioners' authority to
investigate registered discharges.
Forfeiture provision of Sec. 22a-438 applies to violations of orders to abate pollution issued pursuant to this section.
21 CA 91-93, 95-98, 101, 102, 104, 106.
Sec. 22a-432. (Formerly Sec. 25-54k). Order to correct potential sources of
pollution. If the commissioner finds that any person has established a facility or created
a condition before or after June 25, 1985, or is maintaining any facility or condition
which reasonably can be expected to create a source of pollution to the waters of the
state, he may issue an order to such person to take the necessary steps to correct such
potential source of pollution. Any person who receives an order pursuant to this section
shall have the right to a hearing and an appeal in the same manner as is provided in
sections 22a-436 and 22a-437. If the commissioner finds that the recipient of any such
order fails to comply therewith, he may request the Attorney General to bring an action
in the superior court for the judicial district of Hartford to enjoin such person from
maintaining such potential source of pollution to the waters of the state or to take the
necessary steps to correct such potential source of pollution. All actions brought by the
Attorney General pursuant to the provisions of this section shall have precedence in the
order of trial as provided in section 52-191. An innocent landowner, as defined in section
22a-452d, shall not be held liable, except through imposition of a lien against the contaminated real estate under section 22a-452a, for any order issued under this section on or
before August 1, 1990, which order is subject to appeal as of July 6, 1995, and, after
July 1, 1996, for any order issued under this section after July 1, 1996.
(1967, P.A. 57, S. 11; 1971, P.A. 872, S. 87; P.A. 73-665, S. 12, 17; P.A. 78-280, S. 6, 127; P.A. 84-239, S. 1; P.A.
85-392, S. 4, 5; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-190, S. 9, 17; 95-218, S. 18, 24;
95-220, S. 4-6.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-665 made commissioner's issuance of orders to correct potential pollution sources discretionary
rather than mandatory, substituting "may" for "shall"; P.A. 78-280 replaced Hartford county with judicial district of
Hartford-New Britain; Sec. 25-54k transferred to Sec. 22a-432 in 1983; P.A. 84-239 authorized the commissioner to issue
orders to persons establishing a facility or creating a condition which may cause pollution and authorized court action to
require correction of potential sources of pollution; P.A. 85-392 made provisions applicable to conditions "before or after
June 25, 1985"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; 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. 95-190 provided a limitation on liability under this section for innocent landowners, effective June
29, 1995; P.A. 95-218 confined the liability protection for innocent landowners to orders issued before July 1, 1990, or
after July 1, 1996, effective July 6, 1995; 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.
Annotations to former section 25-54k:
Joinder of necessary parties to injunctive action discussed. 180 C. 568, 569.
Cited. 32 CS 121.
Annotations to present section:
Cited. 204 C. 38, 40-42, 45, 46. Mere ownership of real property is sufficient basis for imposing liability under the
statute. 226 C. 358-361, 363-366, 369-373, 375, 376. Cited. 236 C. 722, 724-726, 728. Court found officer of a corporation
to be personally liable for abatement of a violation of section when the officer is in a position of responsibility that allows
him to influence corporate policies and activities, there is a nexus between his actions or inactions in that position and the
violation such that the officer influenced the corporate actions constituting the violation, and his actions or inactions resulted
in the violation. 256 C. 602.
Cited. 21 CA 91, 102. Cited. 41 CA 89, 108. Cited. Id., 120, 130, 131. Cited. 42 CA 563.
Sec. 22a-433. (Formerly Sec. 25-54l). Order to landowner. Whenever the commissioner issues an order to abate pollution to any person pursuant to the provisions of
section 22a-430 or 22a-431, an order to correct potential sources of pollution pursuant
to the provisions of section 22a-432 or an order to correct a violation of hazardous waste
regulations pursuant to section 22a-449 and the commissioner finds that such person is
not the owner of the land from which such source of pollution or potential source of
pollution emanates, he may issue a like order to the owner of such land or shall send a
certified copy of such order, by certified mail, return receipt requested, to the owner at
his last-known post-office address, with a notice that such order will be filed on the land
records in the town wherein the land is located. When the commissioner issues such an
order to an owner, the owner and the person causing such pollution shall be jointly and
severally responsible. Any owner to whom such an order is issued or who receives a
certified copy of an order pursuant to this section shall be entitled to all notices of, and
rights to participate in, any proceedings before or orders of the commissioner and to
such hearing and rights of appeal as are provided for in sections 22a-436 and 22a-437.
An innocent landowner, as defined in section 22a-452d, shall not be held liable except
through imposition of a lien against the contaminated real estate under section 22a-452a, for any assessment, fine or other costs imposed by the state under this section in
any enforcement or cost recovery action if such action has become final, and is no longer
subject to appeal, prior to June 30, 1993.
(1967, P.A. 57, S. 12; 1971, P.A. 872, S. 88; P.A. 73-665, S. 13, 17; P.A. 84-239, S. 2; P.A. 87-261, S. 6; P.A. 90-230,
S. 35, 101; P.A. 93-375, S. 3, 4.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-665 made technical correction; Sec. 25-54l transferred to Sec. 22a-433 in 1983; P.A. 84-239 added
provisions authorizing the commissioner to order correction of potential sources of pollution or hazardous waste violations
and requiring notice to the landowner that the order will be filed on the land records; P.A. 87-261 deleted an obsolete
reference to Sec. 22a-429; P.A. 90-230 corrected an internal reference; P.A. 93-375 added provisions re an innocent
landowner defense, effective June 30, 1993.
Cited. 226 C. 358, 361, 365, 366, 370, 386-388, 390, 392. Cited. Id. 737, 747. P.A. 93-375 cited. Id.
Cited. 21 CA 91, 102.
Sec. 22a-434. (Formerly Sec. 25-54m). Filing of order on land records. When
the commissioner issues a final order to any person to correct potential sources of pollution or to abate pollution, the commissioner shall cause a certified copy thereof to be
filed on the land records in the town wherein the land is located, and such order shall
constitute a notice to the owner's heirs, successors and assigns. When the order has been
fully complied with, the commissioner shall issue a certificate showing such compliance,
which certificate the commissioner shall cause to be recorded on the land records in the
town wherein the order was previously recorded. A certified copy of the certificate shall
be sent to the owner of the land at such owner's last-known post office address.
(1967, P.A. 57, S. 13; 1971, P.A. 872, S. 89; P.A. 84-239, S. 3; P.A. 01-118, S. 2.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; Sec. 25-54m transferred to Sec. 22a-434 in 1983; P.A. 84-239 applied section to orders for correction of
potential pollution sources and added provision requiring that certificate of compliance be sent to the landowner; P.A. 01-118 specified that final orders are to be filed on land records and made technical changes.
Sec. 22a-434a. Notice of contaminated wells; abatement of contamination or
abandonment of well to be on land records. The Commissioner of Environmental
Protection may cause to be filed on the land records in the town wherein the subject
land is located a notice that water from a well on said land has been determined by the
Commissioner of Public Health to create an unacceptable risk of injury to the health or
safety of persons using the water for drinking or other personal or domestic uses. When
the water from said well is determined by the Commissioner of Public Health no longer
to present such a risk, or when the local or district director of health, in accordance with
the provisions of the Connecticut Well Drilling Code adopted pursuant to section 25-128, has verified that the well has been properly abandoned, the Commissioner of Environmental Protection shall cause to be filed on the land records in the town wherein the
notice was previously recorded a notice to that effect.
(P.A. 87-395; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 22a-435. (Formerly Sec. 25-54n). Injunction. If any person or municipality
fails to comply with any order to abate pollution, or any part thereof, issued pursuant
to the provisions of section 22a-428, 22a-431 or 22a-433, and no request for a hearing
on such order or appeal therefrom is pending and the time for making such request or
taking such appeal has expired, the commissioner may request the Attorney General to
bring an action in the superior court for the judicial district of Hartford to enjoin such
person or municipality from maintaining such pollution and to comply fully with such
order or any part thereof. All actions brought by the Attorney General pursuant to the
provisions of this section shall have precedence in the order of trial as provided in section
52-191.
(1967, P.A. 57, S. 14; 1971, P.A. 872, S. 90; P.A. 73-38, S. 4, 8; P.A. 78-280, S. 6, 127; P.A. 86-239, S. 8, 14; P.A.
87-261, S. 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8.)
History: 1971 act replaced reference to water resources commission with reference to environmental protection commissioner; P.A. 73-38 added reference to Sec. 25-27 and made commissioner's request for court action discretionary rather
than mandatory, substituting "may" for "shall"; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; Sec. 25-54n transferred to Sec. 22a-435 in 1983; P.A. 86-239 deleted reference to repealed Sec. 22a-418;
P.A. 87-261 deleted an obsolete reference to Sec. 22a-429; P.A. 88-230 replaced "judicial district of Hartford-New Britain"
with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230
from September 1, 1991, to September 1, 1993; 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.
Annotation to former section 25-54n:
Cited. 170 C. 29, 33, 34.
Annotations to present section:
Cited. 204 C. 38, 41, 42, 45, 46. Cited. 216 C. 436, 439. Cited. 227 C. 175, 177-179. Cited. 237 C. 135, 140-142, 157, 158.
Cited. 21 CA 91, 102, 105. Cited. 41 CA 89, 108.