CHAPTER 446c
AIR POLLUTION CONTROL

      Sec. 22a-170. (Formerly Sec. 19-505). Definitions. As used in this chapter, unless the context requires a different meaning: "Air pollution" means the presence in the outdoor atmosphere of one or more air pollutants or any combination thereof in such quantities and of such characteristics and duration as to be, or be likely to be, injurious to public welfare, to the health of human, plant or animal life, or to property, or as unreasonably to interfere with the enjoyment of life and property; "commissioner" means the Commissioner of Environmental Protection or any member of the Department of Environmental Protection or any local air pollution control official or agency authorized by him, acting singly or jointly, to whom he assigns any function arising under the provisions of this chapter or of any regulations adopted hereunder; "person" includes any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, and any other legal entity; "municipality" means any town, city or borough.

      (1967, P.A. 754, S. 1; 1969, P.A. 758, S. 1; 1971, P.A. 872, S. 11; 1972, P.A. 45, S. 1; P.A. 93-428, S. 25, 39; P.A. 95-79, S. 98, 189.)

      History: 1969 act defined "municipality", replaced air pollution control commission with clean air commission and included municipalities in definition of "person"; 1971 act replaced commissioner and department of health with commissioner and department of environmental protection and deleted definition of "commission"; 1972 act included "local air pollution control official or agency" in definition of "commissioner"; Sec. 19-505 transferred to Sec. 22a-170 in 1983; P.A. 93-428 included state agencies and political or administrative subdivisions of the state within the definition of "person", effective July 1, 1993; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.

      Sec. 22a-171. (Formerly Sec. 19-507). Duties of Commissioner of Environmental Protection. The commissioner shall (1) initiate and supervise programs for the purposes of determining the causes, effect and hazards of air pollution; (2) initiate and supervise state-wide programs of air pollution control education; (3) cooperate with and receive money from the federal government and, with the approval of the Governor, from any other public or private source; (4) adopt, amend, repeal and enforce regulations as provided in section 22a-174 and do any other act necessary to enforce the provisions of this chapter and section 14-164c; (5) advise and consult with agencies of the United States, agencies of the state, political subdivisions and industries and any other affected groups in furtherance of the purposes of this chapter.

      (1967, P.A. 754, S. 3; 1969, P.A. 758, S. 3; 1971, P.A. 872, S. 12; P.A. 84-546, S. 132, 173.)

      History: 1969 act made minor language changes; 1971 act replaced Subdiv. (d), substituting "adopt, amend and enforce regulations" for "enforce regulations adopted by the commission"; Sec. 19-507 transferred to Sec. 22a-171 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 84-546 made technical changes to section, replacing reference to Sec. 14-100c with reference to Sec. 14-164c.

      Sec. 22a-172. (Formerly Sec. 19-507a). Consultation by commissioner with other state officials. The Commissioner of Transportation and the Commissioner of Economic and Community Development shall consult with the commissioner on plans for the location of highways and for industrial development with respect to the effect of such plans on the incidence of air pollution in the state.

      (1969, P.A. 758, S. 5; P.A. 77-614, S. 284, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-483, S. 83, 186; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)

      History: P.A. 77-614 and P.A. 78-303 replaced commissioner of community affairs with commissioner of economic development, effective January 1, 1979; P.A. 80-483 deleted chairman of Connecticut development commission as consultant; Sec. 19-507a transferred to Sec. 22a-172 in 1983; 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.

      Sec. 22a-173. (Formerly Sec. 19-507c). Insured mortgage payments on new equipment used for air pollution control. The Connecticut Development Authority may, upon application of the proposed mortgagee, insure and make advance commitments to insure mortgage payments required by a first mortgage on new machinery, equipment and buildings for the primary purpose of reducing, controlling or eliminating air pollution, certified as approved for such purpose by the Commissioner of Environmental Protection, upon such terms and conditions as the Connecticut Development Authority may prescribe in accordance with the provisions of chapter 579.

      (1969, P.A. 758, S. 21; 1971, P.A. 872, S. 15; P.A. 74-338, S. 49, 94.)

      History: 1971 act replaced clean air commission with commissioner of environmental protection; P.A. 74-338 replaced Connecticut development commission with Connecticut development authority; Sec. 19-507c transferred to Sec. 22a-173 in 1983.

      Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations. Fees. Exemptions. General permits. Appeal of commissioner's action re permit applications. (a) The commissioner, in the manner provided in subdivision (1) of section 22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control and prohibit air pollution throughout the state or in such areas of the state as are affected thereby, which regulations shall be consistent with the federal Air Pollution Control Act and which qualify the state and its municipalities for available federal grants. Any person heard at the public hearing on any such regulation shall be given written notice of the determination of the commissioner.

      (b) The commissioner shall have the power to employ technical consultants for special studies, advice and assistance; to consult with and advise and exchange information with other departments or agencies of the state.

      (c) The commissioner shall have the power, in accordance with regulations adopted by him, (1) to require that a person, before undertaking the construction, installation, enlargement or establishment of a new air contaminant source specified in the regulations adopted under subsection (a) of this section, submit to him plans, specifications and such information as he deems reasonably necessary relating to the construction, installation, enlargement, or establishment of such new air contaminant source; (2) to issue a permit approving such plans and specifications and permitting the construction, installation, enlargement or establishment of the new air contaminant source in accordance with such plans, or to issue an order requiring that such plans and specifications be modified as a condition to his approving them and issuing a permit allowing such construction, installation, enlargement or establishment in accordance therewith, or to issue an order rejecting such plans and specifications and prohibiting construction, installation, enlargement or establishment of a new air contaminant source in accordance with the plans and specifications submitted; (3) to require periodic inspection and maintenance of combustion equipment and other sources of air pollution; (4) to require any person to maintain such records relating to air pollution or to the operation of facilities designed to abate air pollution as he deems necessary to carry out the provisions of this chapter and section 14-164c; (5) to require that a person in control of an air contaminant source specified in the regulations adopted under subsection (a), obtain a permit to operate such source if the source (A) is subject to any regulations adopted by the commissioner concerning high risk hazardous air pollutants, (B) burns waste oil, (C) is allowed by the commissioner, pursuant to regulations adopted under subsection (a), to exceed emission limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E) violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder; (6) to require that a person in control of an air contaminant source who is not required to obtain a permit pursuant to this subsection register with him and provide such information as he deems necessary to maintain his inventory of air pollution sources and the commissioner may require renewal of such registration at intervals he deems necessary to maintain such inventory; (7) to require a permit for any source regulated under the federal Clean Air Act Amendments of 1990, P.L. 101-549; (8) to refuse to issue a permit if the Environmental Protection Agency objects to its issuance in a timely manner under Title V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any regulation adopted under this chapter, to require that any source permitted under Title V of the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70, 72 to 78, inclusive, and 82, as amended from time to time.

      (d) The commissioner shall have all incidental powers necessary to carry out the purposes of this chapter and section 14-164c.

      (e) As used in this subsection, "contiguous" means abutting or adjoining without consideration of the actual or projected existence of roadways, walkways, plazas, parks or other minor intervening features; "indirect source" means any building, structure, facility, installation or combination thereof, that has or leads to associated activity as a result of which any air pollutant is or may be emitted. The commissioner shall not require the submission of plans and specifications under indirect source regulations adopted pursuant to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be undertaken within a redevelopment area or urban renewal project, as defined in chapter 130, provided (1) the proposed construction is pursuant to a plan for such redevelopment area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1974, or to a modification of such plan, (2) the proposed construction is part of a contiguous, single purpose or multipurpose development or developments and (3) site clearance or construction had commenced on a portion of the site of such development or developments prior to October 1, 1974, nor shall the commissioner issue any order pursuant to subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect source regulations with respect to such proposed construction within such redevelopment areas and urban renewal projects. In the event that the modification of any such plan after October 1, 1974, would result in the proposed construction generating substantially more motor vehicle traffic than would have been generated prior to such modification, the submission of plans and specifications shall be required for such proposed modification. The commissioner shall not require the renewal of an indirect source operating permit issued in accordance with subsection (c) of this section unless such indirect source no longer conforms with plans, specifications or other information submitted to said commissioner in accordance with said subsection (c).

      (f) The commissioner shall allow the open burning of brush on residential property, provided the burning is conducted by the resident of the property or the agent of the resident and a permit for such burning is obtained from the local open burning official of the municipality in which the property is located, and the open burning of brush in municipal landfills, transfer stations and municipal recycling centers, provided a permit for such burning is obtained from the fire marshal of the municipality where the facility is located, except that no open burning of brush shall occur (1) when national or state ambient air quality standards may be exceeded; (2) where a hazardous health condition might be created; (3) when the forest fire danger in the area is identified by the commissioner as extreme and where woodland or grass land is within one hundred feet of the proposed burn; (4) where there is an advisory from the commissioner of any air pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the case of a municipal landfill, when such landfill is within an area designated as a hot spot on the open burning map prepared by the commissioner. A permit for the burning of brush at any municipal landfill, municipal transfer station or municipal recycling center shall be issued no more than six times in any calendar year. The proposed permit to burn brush at any municipal landfill, municipal transfer station or municipal recycling center shall be submitted to the commissioner by the fire marshal, with the approval of the chief elected official of the municipality in which the municipal landfill, municipal transfer station or municipal recycling center is located. The commissioner shall approve or disapprove the fire marshal's proposed permitting of burning of brush at a municipal landfill, municipal transfer station or municipal recycling center within a reasonable time of the filing of such application. The burning of leaves, demolition waste or other solid waste deposited in such landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires is not prohibited if the burning is conducted so as not to create a nuisance and in accordance with any restrictions imposed on such burning. Nothing in this subsection or in any regulation adopted pursuant to this subsection shall affect the power of any municipality to regulate or ban the open burning of brush within its boundaries for any purpose. Notwithstanding any other provision of this section, fire breaks for the purpose of controlling forest fires and controlled fires in salt water marshes to forestall uncontrolled fires are not prohibited. Open burning may be engaged in for any of the following purposes if the open burning official with jurisdiction over the area where the burning will occur issues an open burning permit: Fire-training exercises; eradication or control of insect infestations or disease; agricultural purposes; clearing vegetative debris following a natural disaster; and vegetative management or enhancement of wildlife habitat or ecological sustainability on municipal property or on any privately owned property permanently dedicated as open space. Open burning for such purposes on state property may be engaged in with the written approval of the commissioner. Local burning officials nominated for the purposes of this subsection shall be nominated only by the chief executive officer of the municipality in which the official will serve and shall be certified by the commissioner. The chief executive officer may revoke the nomination. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing open burning and may authorize or prohibit open burning consistent with this section. The regulations may require the payment of an application fee and inspection fee and may establish a certification procedure for local burning officials.

      (g) The commissioner shall require, by regulations adopted in accordance with the provisions of chapter 54, the payment of a permit application fee sufficient to cover the reasonable costs of reviewing and acting upon an application for, and monitoring compliance with the terms and conditions of, any state or federal permit, license, order, certificate or approval required pursuant to this section. Any person obtaining a permit, pursuant to said regulations, for the construction or operation of a source of air pollution or for modification to an existing source of air pollution shall submit a permit fee of twice the amount of the fee established by regulations in effect on July 1, 1990. The commissioner shall require the payment of a permit application fee of two hundred dollars.

      (h) The commissioner may require, by regulations adopted in accordance with the provisions of chapter 54, payment of a fee by the owner or operator of a source of air pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control device through the use of a dust compound in the detection of leaks in such device, or the monitoring of such test, provided such fee may not exceed the average cost to the department for the conduct or monitoring of such tests plus ten per cent of such average cost. Except as specified in section 22a-27g, all payments received by the commissioner pursuant to this subsection 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.

      (i) Notwithstanding the provisions of subsections (g) and (h) 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 subsections.

      (j) Fees or increased fees prescribed by this section shall not be applicable to residential property.

      (k) (1) The commissioner may issue a general permit with respect to a category of new or existing stationary air pollution sources, except with respect to a source which is already covered by an individual permit, provided the general permit is not inconsistent with the federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may be further amended from time to time. Any person conducting an activity for which a general permit has been issued shall not be required to obtain an individual permit under this section, except as provided in subdivision (5) of this subsection. The general permit may regulate a category of sources which, whether or not requiring a permit under the federal Clean Air Act, (A) involve the same or substantially similar types of operations or substances, (B) require the same types of pollution control equipment or other operating conditions, standards or limitations, and (C) require the same or similar monitoring, and which, in the opinion of the commissioner, are more appropriately controlled under a general permit than under an individual permit. The general permit may require that any person proposing to conduct any activity under the general permit register such activity, including obtaining approval from the commissioner, before the general permit becomes effective as to such activity, and may include such other conditions as the commissioner deems appropriate, including, but not limited to, management practices and verification and reporting requirements. Any such reports shall be made available to the public by the commissioner. The commissioner shall grant an application for approval under a general permit without repeating the notice and comment procedures provided under subdivision (2) of this subsection, and such a grant shall not be subject to judicial review under subdivision (4) of this subsection. Registrations and applications for approval under the general permit shall be submitted on forms prescribed by the commissioner; application forms concerning activities regulated under the federal Clean Air Act shall require that the applicant provide such information as may be required by that act. The commissioner shall prepare, and annually amend, a list of holders of general permits under this section, which list shall be made available to the public.

      (2) Notwithstanding any other procedures in this chapter, any regulations adopted thereunder, and chapter 54, the commissioner may issue a general permit in accordance with the following procedures: (A) The commissioner shall publish in a newspaper, having a substantial circulation in the affected area or areas, notice of (i) intent to issue a general permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit written comments thereon, and (iv) the right to a public hearing if, within the comment period, the commissioner receives a petition signed by at least twenty-five persons provided the notice shall state that the right to a public hearing may be exercised upon request of any person if the permit regulates an activity which is subject to provisions of the federal Clean Air Act; (B) the administrator of the United States Environmental Protection Agency and any states affected by the general permit shall be given notice as may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment period of thirty days following publication of notice under subparagraph (A) of this subdivision during which interested persons may submit written comments concerning the permit to the commissioner; (D) the commissioner shall not issue the general permit until after the comment period and the public hearing, if one is held; (E) the commissioner shall publish notice of any general permit issued in a newspaper having a substantial circulation in the affected area or areas; and (F) summary suspension may be ordered in accordance with subsection (c) of section 4-182. Any person may request that the commissioner issue, modify, revoke or suspend a general permit in accordance with this subsection.

      (3) Any general permit under this subsection shall be issued for a fixed term. A general permit covering an activity regulated under the federal Clean Air Act shall be issued for a term of no more than five years. A general permit covering an activity regulated under the federal Clean Air Act shall contain such additional conditions as may be required by that act.

      (4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a general permit concerning activities regulated under the federal Clean Air Act, any person who submitted timely comments thereon may appeal the issuance of such permit to the superior court in accordance with the provisions of section 4-183. Such appeal shall have precedence in the order of trial as provided in section 52-192.

      (5) Subsequent to the issuance of a general permit, the commissioner may require a person whose activity is or may be covered by the general permit to apply for and obtain an individual permit pursuant to this chapter if he determines that an individual permit would better protect the land, air and waters of the state from pollution. The commissioner may require an individual permit under this subdivision in cases including, but not limited to, the following: (A) The permittee is not in compliance with the conditions of the general permit; (B) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollution applicable to the permitted activity; (C) circumstances have changed since the time the general permit was issued so that the permitted activity is no longer appropriately controlled under the general permit, or a temporary or permanent reduction or elimination of the permitted activity is necessary; or (D) a relevant change has occurred in the applicability of the federal Clean Air Act. In making the determination to require an individual permit, the commissioner may consider the location, character and size of the source and any other relevant factors. The commissioner may require an individual permit under this subdivision only if the person whose activity is covered by the general permit has been notified in writing that an individual permit is required. The notice shall include a brief statement of the reasons for requiring an individual permit, an application form, a statement setting a time for the person to file the application and a statement that the general permit as it applies to such person shall automatically terminate on the effective date of the individual permit. Such person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any person may petition the commissioner to take action under this subdivision.

      (6) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this subsection.

      (l) In any proceeding on an application for a permit which is required under 42 USC 7661a, the applicant, and any other person entitled under said section to obtain judicial review of the commissioner's final action on such application may appeal such action in accordance with the provisions of section 4-183.

      (m) The commissioner shall not issue a permit for an asphalt batch plant or continuous mix facility under the provisions of this section until July 1, 2004, unless the commissioner determines that the issuance of the permit will result in an improvement of environmental performance of an existing asphalt batch plant or continuous mix plant. The provisions of this section shall apply to any application pending on May 5, 1998. Nothing in this section shall apply to applications for upgrading, replacing, consolidating or otherwise altering the physical plant of an existing facility provided such upgrade, replacement, consolidation or alteration results in an improvement of environmental performance or in reduced total emissions of air pollutants.

      (1967, P.A. 754, S. 4; 1969, P.A. 758, S. 4; 1971, P.A. 872, S. 17; P.A. 75-453, S. 1, 2; P.A. 76-232, S. 1, 3; P.A. 77-252; 77-604, S. 16, 84; P.A. 79-177; P.A. 81-127, S. 1, 2; 81-385, S. 1, 2; P.A. 83-159, S. 2, 3; 83-555, S. 2; 83-587, S. 74, 96; P.A. 84-5, S. 1, 2; 84-120, S. 1; 84-546, S. 133, 173; P.A. 85-515, S. 2; 85-571, S. 15; P.A. 87-165; P.A. 88-122; P.A. 90-231, S. 1, 28; 90-247, S. 1; P.A. 91-183; 91-369, S. 13, 36; P.A. 92-162, S. 5, 25; P.A. 93-428, S. 17, 19, 39; P.A. 95-165, S. 1; 95-218, S. 12; P.A. 96-64; P.A. 97-124, S. 4, 16; P.A. 98-112, S. 1, 2; P.A. 99-225, S. 2; P.A. 00-1, S. 1, 2; June Sp. Sess. P.A. 00-1, S. 31, 46; P.A. 01-204, S. 11, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; June 30 Sp. Sess. P.A. 03-6, S. 124, 125; P.A. 04-151, S. 1.)

      History: 1969 act required that regulations be consistent with federal act and qualify state and municipalities for federal aid, changed effective date of regulations, amendments or repeals from sixty to thirty days after publication, deleted provision protecting right to burn fuel or buildings under supervision and control of firemen's training center instructors, gave commission power to administer oaths, take testimony and issue subpoenas and added Subsecs. (c) to (e); 1971 act replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection, deleted Subsec. (b) re hearing powers and relettered remaining Subsecs. accordingly; P.A. 75-453 added Subsec. (e); P.A. 76-232 added Subsec. (f); P.A. 77-252 required that indirect source operating permit renewal be mandatory only when indirect source no longer conforms to plans etc. submitted to commissioner in Subsec. (e); P.A. 77-604 corrected reference to Sec. 22a-6 in Subsec. (a); P.A. 79-177 added Subsec. (g); P.A. 81-127 amended Subsec. (f) to add provisions re burning of brush in municipal landfills; P.A. 81-385 added Subsec. (h) allowing the commissioner to require payment of a fee by the operator of a source of air pollution to be applicable for any visual test of an air pollution control device conducted or monitored by the department; Sec. 19-508 transferred to Sec. 22a-174 in 1983; P.A. 83-159 amended Subsec. (h) by requiring that the visual test fee reflect the average rather than the actual cost; P.A. 83-555 amended Subsec. (g) to authorize increasing fee by amount sufficient to cover the cost of monitoring compliance with the terms of a state or federal permit; P.A. 83-587 made a technical amendment to Subsec. (h); P.A. 84-5 amended Subsec. (f) by increasing the maximum number of permits for burning brush in municipal landfill from three to six; P.A. 84-120 added Subdivs. (5) and (6) in Subsec. (c), requiring permits for source which is subject to high risk hazardous air pollutants, burns waste oil or is allowed to exceed sulfur emission limits and requiring registration of sources not permitted, and substituted reference to Sec. 14-164c for reference to 14-100c; P.A. 84-546 made technical changes in Subsecs. (c) and (d), substituting references to Sec. 14-164c for references to Sec. 14-100c; P.A. 85-515 added Subsec. (i) re amount of fees paid by municipalities; P.A. 85-571 made no changes; P.A. 87-165 amended Subsec. (c) to require persons violating air pollution control regulations to obtain a permit; P.A. 88-122 amended Subsec. (c) to authorize the commissioner of environmental protection to require that sources obtain a permit if they violate a regulation; P.A. 90-231 amended Subsec. (f) to require commercial applicants to pay a two-hundred-fifty-dollar application fee and a two-hundred-fifty-dollar inspection fee, required municipal applicants to pay a one-hundred-twenty-five-dollar inspection fee, required the fees to be prescribed by regulations after July 1, 1995, amended Subsec. (g) to require persons obtaining permits pursuant to said subsection to pay a permit fee equal to twice the fee established by regulations, required a permit application fee of one hundred dollars, required that said fees to be prescribed by regulations on and after July 1, 1992, added Subsec. (j) re registration of sources of air pollution and added Subsec. (k) exempting residential property from fees; P.A. 90-247 amended Subpara. (E) of Subdiv. (5) of Subsec. (c) to include a violation of this chapter, a violation of an order and a violation of a permit; P.A. 91-183 amended Subsec. (c) to authorize the commissioner to adopt regulations concerning operating permits for sources of air pollution under the federal Clean Air Act amendments of 1990; P.A. 91-369 amended Subsec. (h) to modify the method by which payments received by the commissioner shall be deposited; P.A. 92-162 added new Subsec. (l) re general permits for certain minor activities regulated under this section; P.A. 93-428 amended Subsec. (l) to delete a minor inconsistent provision and added new Subsec. (m) re appeal of the commissioner's actions re permit applications, effective July 1, 1993; P.A. 95-165 amended Subdiv. (2) of Subsec. (l) to provide for a public hearing on a general permit upon the request of any person if the permit regulates an activity regulated under the federal Clean Air Act; P.A. 95-218 amended Subdiv. (1) of Subsec. (l) to delete a prohibition on general permits for activities which will emit more than twenty-five tons of air pollutant per year; P.A. 96-64 amended Subsec. (f) to add provision re affect of subsection on municipal power to regulate open burning; P.A. 97-124 amended Subsec. (c) to authorize the commissioner to require air pollution sources to comply with certain regulations under the federal Clean Air Act and moved provision requiring renewal of certain registrations under this section, effective June 6, 1997; P.A. 98-112 added new Subsec. (n) re a two-year moratorium on permits for certain asphalt manufacturing facilities, effective May 5, 1998; P.A. 99-225 amended Subsec. (f) to require approval of municipal fire marshal for open burning by persons on residential property, to allow open burning at municipal transfer stations and recycling centers and to authorize open burning for certain fire control purposes; P.A. 00-1 amended Subsec. (f) to permit the burning of nonprocessed wood for campfires and bonfires, to allow local open burning officials to issue permits for open burning on residential property and for fire training, insect control, agricultural purposes, natural disaster clean-up, wildlife habitat and vegetative management and ecological sustainability, to establish a process for nominating and certifying local open burning officials, to allow open burning on state property with approval of the commissioner, to authorize the commissioner to adopt regulations governing open burning, and to make conforming and technical changes, effective March 30, 2000; June Sp. Sess. P.A. 00-1 amended Subsec. (n) to extend moratorium on issuance of permits from July 1, 2000, to July 1, 2001, effective June 21, 2000; P.A. 01-204 amended Subsec. (n) to extend moratorium on issuance of permits from July 1, 2001, to July 1, 2004, to add exception for commissioner's determination that permit issuance will result in improvement of environmental performance, to provide that section shall not apply to the replacement of an existing facility, and to add provisions re upgrade, replacement, consolidation or alteration resulting in an improvement in environmental performance or in reduced total emissions of air pollutants, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (g) to increase permit application fee from one hundred to two hundred dollars and to delete provision re fees as prescribed by regulation and amended Subsec. (j) to increase biennial registration fee from seventy-five to one hundred fifty dollars, to increase maximum registration fee for a premise from five thousand to seven thousand five hundred dollars and to delete provision re fees as prescribed by regulation, effective August 20, 2003; P.A. 04-151 deleted former Subsec. (j) re biennial registration, redesignated existing Subsecs. (k) to (n) as new Subsecs. (j) to (m), respectively, and made technical changes in Subsecs. (c) and (k)(1), effective May 21, 2004.

      See Sec. 22a-27i re exemption of municipality for one year.

      See Sec. 22a-174d re planting of trees or grass as condition of permit.

      See Sec. 22a-196 re location of asphalt batching or continuous mix facilities.

      See Sec. 22a-208j re moratorium on permits for wood-burning facilities.

      See Secs. 22a-208l and 22a-208n re wood-burning facilities.

      Annotation to former section 19-508:

      Cited. 36 CS 74.

      Annotations to present section:

      Cited. 227 C. 545. Cited. 233 C. 486.

      Subsec. (c):

      Cited. 192 C. 591. Cited. 218 C. 821.

      Sec. 22a-174a. Annual fee. Schedule. Regulations. Section 22a-174a is repealed, effective May 21, 2004.

      (P.A. 90-231, S. 21, 28; P.A. 91-369, S. 25, 36; P.A. 93-235, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 126; P.A. 04-151, S. 18.)

      Sec. 22a-174b. Internal performance evaluation program. Section 22a-174b is repealed.

      (P.A. 90-150, S. 2; P.A. 95-218, S. 23.)

      Sec. 22a-174c. Modification, revocation and suspension of permits. Grounds. (a) The Commissioner of Environmental Protection may, upon a showing of cause, modify, revoke or suspend any permit issued under this chapter in accordance with the provisions of chapter 54. Grounds for such modification, revocation or suspension shall include, but not be limited to, a violation of any provision of this chapter, including a violation of any regulation, permit or order adopted or issued thereunder, any unauthorized alteration to the source of air pollution after the issuance of a permit, a determination that the source, either alone or in combination with another source, endangers public health, safety or welfare or the environment, or misrepresentation of facts by the holder of the permit at any time.

      (b) The remedies provided in this section shall be in addition to any others available to the commissioner.

      (P.A. 90-150, S. 4.)

      Sec. 22a-174d. Planting of trees or turf grass as condition of permit. Regulations. The Commissioner of Environmental Protection may require as a condition of a permit issued under section 22a-174 or 22a-183 that the applicant provide for the planting of trees or turf grass to offset carbon dioxide emitted into the atmosphere from the air contaminant source. The commissioner may require such planting in this state or elsewhere based on the amount of carbon dioxide emitted. The commissioner may adopt regulations to provide criteria or guidance for such planting. Such regulations (1) need not require a complete offset of emissions, (2) may require the planting of trees or turf grass only for certain types or sizes of sources and (3) may require the planting of trees or turf grass in Connecticut, where feasible and appropriate.

      (P.A. 90-219, S. 6; P.A. 95-218, S. 1.)

      History: P.A. 95-218 added a provision re planting of trees or grass on the basis of the amount of carbon dioxide emitted, made adoption of regulations discretionary instead of mandatory and allowed such planting outside this state.

      Sec. 22a-174e. Gasoline vapor recovery systems. Regulations. On or before July 1, 1992, the Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, and in consultation with the State Fire Marshal's Office, to require the installation of a stage II gasoline vapor recovery system for all gasoline pumps at any gasoline dispensing facility newly constructed on or after said date which will dispense more than ten thousand gallons of gasoline per month, and at any such existing facility for all gasoline tanks which are replaced on or after said date. Such regulations shall provide for specifications deemed by the commissioner to be necessary to implement such a vapor recovery system at each such facility, and may require, in order to comply with the federal Clean Air Act, that any other gasoline dispensing facility which dispenses more than ten thousand gallons of gasoline per month shall implement such a vapor recovery system. On or after July 1, 1993, the Commissioner of Environmental Protection may amend such regulations to require a stage II gasoline vapor recovery system at any newly constructed fuel dispensing facility which dispenses one thousand gallons or more of gasoline per month or at any existing gasoline dispensing facility for any gasoline tank which is replaced on or after July 1, 1993, where such tank has a capacity of one thousand gallons or more. The Commissioner of Environmental Protection may require, by regulation, that any vapor recovery equipment tested and approved by the California Air Resources Board, either before or after the effective date of such regulation, be required to be installed at any such fuel dispensing facility. Such regulations may require that any installed vapor recovery equipment be annually tested in accordance with functional test methods approved by the state of California Air Resources Board provided such regulations specifically set forth such methods and further provided nothing in this section shall preclude the commissioner from requiring additional testing upon the failure of any source to demonstrate compliance. Notwithstanding any regulation adopted pursuant to this chapter, a person may install a stage II gasoline vapor recovery system which has been tested and approved by the state of California Air Resources Board after November 1, 1992, provided such system utilizes only coaxial hoses.

      (P.A. 91-332; P.A. 93-312, S. 4, 7; P.A. 99-225, S. 11.)

      History: P.A. 93-312 extended coverage, after July 1, 1993, to facilities which dispense one thousand gallons of gasoline per month and existing facilities which replace tanks with capacity of one thousand gallons or more and broadened authority of commissioner re required equipment in vapor recovery systems, effective June 9, 1993; P.A. 99-225 added a provision authorizing regulations regarding annual testing of vapor recovery equipment in accordance with methods approved by the California Air Resources Board.

      Sec. 22a-174f. Market-based programs to achieve air quality standards. Regulations. The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to provide for market-based programs to achieve attainment of the National Ambient Air Quality Standards established by the United States Environmental Protection Agency under the federal Clean Air Act. Such programs may include, without limitation, marketable permits and emission reduction credits.

      (P.A. 93-235, S. 2.)

      Sec. 22a-174g. California motor vehicle emissions standards. (a) On or before December 31, 2004, the Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the light duty motor vehicle emission standards of the state of California, and shall amend such regulations from time to time, in accordance with changes in said standards. Such regulations shall be applicable to motor vehicles with a model year 2008 and later. Such regulations may incorporate by reference the California motor vehicle emission standards set forth in final regulations issued by the California Air Resources Board pursuant to Title 13 of the California Code of Regulations and promulgated under the authority of Division 26 of the California Health and Safety Code, as may be amended from time to time. Nothing in this section shall limit the commissioner's authority to regulate motor vehicle emissions for any other class of vehicle.

      (b) As part of the state's implementation plan under the federal Clean Air Act, the Commissioner of Environmental Protection may establish a program to allow the sale, purchase and use of motor vehicles which comply with any regulations adopted by the commissioner which implement the California motor vehicles emissions standards for purposes of generating any emission reduction credits under said act. Nothing in this section shall prohibit the Commissioner of Environmental Protection from establishing a program to require the sale, purchase and use of motor vehicles which comply with any regulations adopted by the commissioner which implement the California motor vehicle emissions standards.

      (P.A. 93-312, S. 2, 7; P.A. 03-218, S. 10; P.A. 04-84, S. 1.)

      History: P.A. 93-312 effective July 1, 1993; P.A. 03-218 added provision re incorporation by reference of the California motor vehicle emission standards, effective July 1, 2003; P.A. 04-84 designated existing provisions as Subsec. (b), added new Subsec. (a) re implementation of California light duty motor vehicle emission standards, and moved existing provision re incorporation of California standards by reference to new Subsec. (a).

      Sec. 22a-174h. High-emissions motor vehicles scrappage program. The Commissioner of Environmental Protection may develop a program to acquire from Connecticut residents, and to remove from highway use, motor vehicles which are not in compliance with state motor vehicle emissions standards or which are otherwise determined by the commissioner to be high-emission vehicles the removal of which would provide a cost-effective benefit with regard to the state's air quality. Such program shall not apply to any vehicle registered as an antique, rare or special interest vehicle under section 14-20. On or before February 1, 1994, the commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment as to the most cost-effective design and specifications for such program and any methods for funding such program.

      (P.A. 93-312, S. 3, 7.)

      History: P.A. 93-312 effective July 1, 1993.

      Sec. 22a-174i. Mobile emissions reduction credit programs for vehicle conversions. Any program adopted by the Commissioner of Environmental Protection providing for mobile emissions reduction credits shall allow credit for emission reductions achieved by vehicle conversions eligible for such tax credit even if the conversion took place before the credit program began.

      (P.A. 94-170, S. 4, 5.)

      History: P.A. 94-170 effective July 1, 1994.

      Sec. 22a-174j. Emissions performance standards applicable to emissions caused by electricity generation. Regulations. Not later than May 1, 2006, the Department of Public Utility Control shall complete an investigation of the potential impact on electric reliability and electric rates created by promulgation of the regulations under this section. If such investigation concludes that there is no negative impact on such reliability and rates, not later than July 1, 2006, the Commissioner of Environmental Protection shall, in conjunction with the Department of Public Utility Control and by regulations adopted in accordance with chapter 54, establish uniform emissions performance standards to regulate emissions to the air from the generation of electricity supplied to end use customers in this state. Such performance standards shall, to the greatest extent possible, be designed to improve air quality in this state and to further the attainment of the National Ambient Air Quality Standards promulgated by the United States Environmental Protection Agency. Such performance standards shall apply to emissions caused by electricity generation in any location in North America used to supply end use customers in this state, shall limit emissions to levels consistent with those permitted from technically similar generators located in this state and shall limit the amount of air pollutants, including, but not limited to, nitrogen oxides, sulfur oxides and carbon dioxide emitted per megawatt hour of electricity produced. Such performance standards may provide for a program for purchase of offsetting reductions in emissions and trading of emission credits.

      (P.A. 98-28, S. 24, 117; P.A. 05-227, S. 2.)

      History: P.A. 98-28 effective July 1, 1998; P.A. 05-227 added requirement for Department of Public Utility Control to complete an investigation, changed the deadline for adopting regulations from January 1, 1999, to July 1, 2006, reworded language re performance standards and their applicability, deleted carbon monoxide and mercury from list of limited air pollutants, and deleted provision that made effectiveness of standards contingent on other states.

      Sec. 22a-174k. Outdoor wood-burning furnaces. (a) For purposes of this section, "outdoor wood-burning furnace" means an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chiminea.

      (b) No person shall, from July 8, 2005, to the effective date of regulations promulgated by the United States Environmental Protection Agency to regulate outdoor wood-burning furnaces, construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless (1) the outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to July 8, 2005, or (2) the outdoor wood-burning furnace complies with the following:

      (A) Installation of the outdoor wood-burning furnace is not less than two hundred feet from the nearest residence not serviced by the outdoor wood-burning furnace;

      (B) Installation of the chimney of the outdoor wood-burning furnace is at a height that is more than the height of the roof peaks of the residences that are located within five hundred feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than fifty-five feet;

      (C) No other materials are burned in the outdoor wood-burning furnace other than wood that has not been chemically treated; and

      (D) Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this section.

      (c) The provisions of this section shall be enforced by the Commissioner of Environmental Protection and may be enforced by the municipality affected by the operation or potential operation of an outdoor wood-burning furnace.

      (d) Any person who operates an outdoor wood-burning furnace in violation of this section shall be deemed to have committed an infraction and shall be fined not more than ninety dollars. Each day of operation of such outdoor wood-burning furnace in violation of this section shall be a separate violation.

      (P.A. 05-227, S. 1.)

      History: P.A. 05-227 effective July 8, 2005.

      Sec. 22a-175. (Formerly Sec. 19-508a). Penalties for violations. Penalties for false statements. (a) Any person who knowingly or with criminal negligence violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder except for a violation of subsection (b) of this section, shall be fined not more than twenty-five thousand dollars per day for each day of violation or be imprisoned not more than one year, or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand dollars per day for each day of violation or imprisonment for not more than two years, or both.

      (b) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any regulation, order or permit adopted or issued thereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of this chapter, or any regulation, order or permit adopted or issued thereunder, shall, upon conviction, be fined not more than ten thousand dollars for each violation or imprisoned not more than six months for each violation, or both.

      (1972, P.A. 103, S. 1; P.A. 76-232, S. 2, 3; P.A. 87-338, S. 2, 11; P.A. 90-247, S. 4; P.A. 95-165, S. 2.)

      History: 1972 act replaced previous provisions re grants to municipalities for reduction, control or elimination of waste disposal or air pollution (Revisor's note: The 1972 act was codified as Sec. 19-508a which statutory number had previously been assigned to 1969, P.A. 751, S. 9 in the 1969 supplement to the general statutes. The 1969 act was then transferred to Sec. 19-424m); P.A. 76-232 deleted option of three-month imprisonment for penalty and imposed fifty-dollar maximum penalty for first offense and two-hundred-dollar penalty for subsequent violations, replacing one-hundred-dollar maximum penalty previously applicable in all cases under Subsec. (a); Sec. 19-508a transferred to Sec. 22a-175 in 1983; P.A. 87-338 applied provisions of Subsec. (b) to any violation of Sec. 22a-178 or regulation adopted thereunder and deleted reference to burning in open air in Subsec. (a); P.A. 90-247 amended Subsec. (a) to apply penalties to violations of the chapter, orders or permits, increased the penalties from not more than fifty thousand dollars, added provision re imprisonment and increased penalty for subsequent convictions, and amended Subsec. (b) by deleting all existing provisions and establishing a penalty for false statements; P.A. 95-165 amended Subsec. (a) to provide for a criminal penalty in the case of knowing violations instead of wilful violations and to make an exception for violations penalized under Subsec. (b).

      Sec. 22a-176. (Formerly Sec. 19-510). Consideration in making regulations and issuing orders. The commissioner in making regulations and issuing orders and in enforcing the provisions of this chapter shall take into consideration all of the facts and circumstances bearing on the reasonableness of the activity involved and the regulations proposed to control it, including: (1) The character and degree of injury to, or interference with, safety, health or the reasonable use of property which is caused or threatened to be caused; (2) the social and economic value of the activity involved; (3) the suitability or unsuitability of such activity to the area in which it is located; and (4) the practicability, both scientific and economic, of reducing or eliminating the discharge resulting from such activity. In all cases the commissioner shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the residents of the area involved and to any lawful business, occupation or activity involved resulting from requiring compliance with the specific requirements of any order or regulation. Any regulations adopted by the commissioner pursuant to sections 22a-191 and 22a-231 shall take into consideration the evaluation of the health risks of dioxins and furans developed by the Commissioner of Public Health pursuant to section 22a-192.

      (1967, P.A. 754, S. 5; 1971, P.A. 872, S. 19; P.A. 86-332, S. 8, 20; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: 1971 act deleted references to repealed clean air commission; Sec. 19-510 transferred to Sec. 22a-176 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 86-332 added provision requiring that regulations take into consideration the evaluation of health risks of dioxins and furans; 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-177. (Formerly Sec. 19-513a). Enforcement of regulations. Complaints. The commissioner shall enforce all regulations adopted by him. The commissioner, in the case of any written complaint or upon his own initiative, shall have the power to enter and inspect any building or place, except a private residence, for the purpose of investigating sources of air pollution and ascertaining compliance with any such regulation. The commissioner may apply to any court having criminal jurisdiction over such building or place, for a warrant to inspect such premises to determine compliance with such regulations or sources of air pollution. All information gained by such inspection shall be kept confidential except as it relates directly to air pollution. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing air pollution.

      (1969, P.A. 758, S. 7; 1971, P.A. 872, S. 21; P.A. 73-537, S. 1, 3.)

      History: 1971 act deleted references to regulations of the commission, i.e. clean air commission; P.A. 73-537 deleted provision calling upon commissioner to eliminate air pollution sources by "conference, conciliation and persuasion"; Sec. 19-513a transferred to Sec. 22a-177 in 1983.

      Sec. 22a-178. (Formerly Sec. 19-514). Orders to correct violations. Hearings. Modification and extension. Orders to owners. Joint and several liability. Filing of certified copy or notice on land records. Orders to investigate. (a) If the commissioner finds that any person has violated any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, he may issue a written order against the person alleged to be committing such violation and shall cause a true copy thereof to be served upon such person by certified mail with return receipt requested or by a state marshal or indifferent person, and the original thereof, with a return of such service endorsed thereon, shall be filed with the commissioner. Such order shall specify the nature of the violation and specify a reasonable period of time within which such person shall take such measures as will correct or remedy any such violation.

      (b) If the commissioner finds that (1) a violation of a regulation or the terms or conditions of a permit issued pursuant to section 22a-174 exists and (2) the person alleged to be committing such violation has received written notification of two violations in the preceding one-year period, the commissioner shall require an emission test of the air contaminant source at the expense of the source. If the results of such test indicate noncompliance with a regulation or the terms or conditions of a permit, the commissioner shall issue an order requiring pollution abatement.

      (c) Unless such person files a written answer thereto within thirty days after the date of service and requests a hearing thereon before the commissioner, an order issued pursuant to this section shall be final and not subject to appeal to the commissioner. Upon receipt of such request, the commissioner shall grant a hearing as soon thereafter as is practicable. The testimony at the hearing shall be under oath and recorded stenographically or by a sound-recording device, but the parties shall not be bound by the strict rules of evidence in courts of law at such hearing. True copies of the transcript and of any other record made of or at such hearing shall be furnished to the respondent at his request and at his expense.

      (d) After the hearing, the commissioner shall consider all the evidence and affirm, modify or revoke the order in his discretion. By agreement of the commissioner and the person or persons subject to the order, the commissioner may, after the hearing or at any time after the issuance of the order, modify such order or extend the time for compliance set forth in the order, and any such modification or extension by agreement shall be deemed to be a revision of the order and shall not constitute a new order. There shall be no hearing subsequent to, or any appeal from, any modification or extension by agreement.

      (e) Whenever the commissioner issues an order to any person to correct a violation and such person is not the owner of the land at which the violation occurred or exists, the commissioner may issue an order to the owner of such land to correct such violation. Such an order shall be sent by certified mail, return receipt requested, to the owner at his last-known post-office address, with a notice that such order shall be filed on the land records in which the land is located. Any owner to whom such an order is issued shall have all the rights and privileges provided by this chapter and section 4-183 and shall be subject to section 22a-182a.

      (f) If the commissioner issues an order under this chapter to two or more persons, including a landowner and the person causing the pollution or creating or maintaining the potential air pollution source, each such person shall be jointly and severally liable.

      (g) When an order issued by the commissioner to any person pursuant to this chapter becomes final, except for an order to create or use emission reduction credits, the commissioner shall cause a certified copy or notice of the final order to be filed on the land records in the town where the subject property is located, and such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order has been fully complied with or revoked, the commissioner shall issue a notice showing such compliance or revocation, which the commissioner shall cause to be recorded on the land records in the town wherein the order was previously recorded.

      (h) If the commissioner has reasonable cause to believe, based on department investigation, test data or other credible information, that any person has violated or is about to violate any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, he may issue an order to such person to investigate, by monitoring, production of records, or any other means, the source of air pollution. Such order may also require that if the investigation determines there is or has been a violation of any provision of this chapter, or any regulation, order, or permit adopted or issued thereunder, the respondent shall correct such violation. An order issued under this subsection shall be subject to subsections (a) to (f), inclusive, of this section.

      (1967, P.A. 754, S. 9; 1969, P.A. 758, S. 8; 1971, P.A. 872, S. 22; 1972, P.A. 103, S. 2; P.A. 73-537, S. 2, 3; P.A. 75-160, S. 1, 2; P.A. 77-44; P.A. 87-338, S. 3, 11; P.A. 90-150, S. 3; 90-247, S. 2; P.A. 99-225, S. 1; P.A. 00-99, S. 64, 154; P.A. 04-151, S. 2; P.A. 05-288, S. 101; P.A. 06-76, S. 2.)

      History: 1969 act required that order specify nature of violation in Subsec. (a) and added provision in Subsec. (b) re request for hearing and required that such request be a condition precedent to taking appeal; 1971 act replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection; 1972 act excluded violations specified in Sec. 19-508a; P.A. 73-537 deleted clause which limited issuance of order to cases where conference, conciliation etc. failed to remedy violations and deleted exclusion for violations specified in Sec. 19-508a; P.A. 75-160 allowed notification "by certified mail with return receipt requested" in Subsec. (a); P.A. 77-44 added Subsec. (c); Sec. 19-514 transferred to Sec. 22a-178 in 1983; P.A. 87-338 amended Subsec. (a) to apply provisions to violations of the terms or conditions of a permit and to make issuance of an order discretionary rather than mandatory and amended Subsec. (b) to make orders final unless a written answer is filed to the order within thirty days, deleting requirement that request for a hearing is precedent to taking appeal under Sec. 22a-182; P.A. 90-150 inserted new Subsec. (b) re requiring emission test if source has two violations in the preceding one-year period, made technical change in Subsec. (c), and relettered the remaining Subsecs.; P.A. 90-247 amended Subsec. (a) to apply provisions to violations of this chapter and violations of an order, deleted the provision allowing a person to request a hearing upon an order concerning plans and specifications, added Subsec. (c) re modification of orders and extensions of time, Subsec. (d) re the issuance of orders to owners of the land at which the violation occurred, Subsec. (e) re joint and several liability and Subsec. (g) re orders to potential violators, and relettered Subsec. (c) as Subsec. (f); P.A. 99-225 amended Subsec. (g) to provide that final orders issued under this section shall be recorded by the commissioner on land records; P.A. 00-99 replaced reference to sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 04-151 amended Subsec. (g) to require the respondent, rather than the commissioner, to file order, to add exception for an order to create or use emission reduction credits, to require the recipient, rather than the commissioner, to file certificate, to add provisions re where the respondent and recipient do not own the subject property, and to add requirement re submission of a certified copy, effective May 21, 2004; P.A. 05-288 made a technical change in Subsec. (g), effective July 13, 2005; P.A. 06-76 amended Subsec. (g) to require commissioner, rather than respondent, to perform required filing and to make conforming changes.

      Sec. 22a-179. (Formerly Sec. 19-515). Application of Uniform Trade Secrets Act. Whenever the commissioner issues an order to any person to correct a violation of any provision of this chapter, or any regulation, order or permit adopted or issued thereunder, the provisions of chapter 625 shall apply during the pendency of any proceeding arising therefrom. Any information as to secret processes or methods shall be kept confidential.

      (1967, P.A. 754, S. 10; 1971, P.A. 872, S. 23; P.A. 90-247, S. 6.)

      History: 1971 act replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection; Sec. 19-515 transferred to Sec. 22a-179 in 1983; P.A. 90-247 deleted existing provisions re action on orders after hearing and replaced it with provision re application of uniform trade secrets act.

      Sec. 22a-180. (Formerly Sec. 19-516). Penalty for violations of orders. Injunctions. Joint and several liability. (a) In addition to those penalties provided by section 22a-175, any person who violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder may be assessed a civil penalty by the court not to exceed twenty-five thousand dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day of continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Environmental Protection may request the Attorney General to bring a civil action in the superior court for the judicial district of Hartford to have such assessment imposed by the court. In addition, the commissioner may request the Attorney General to institute a civil action in the superior court for the judicial district of Hartford for injunctive relief to restrain any further violation of any provision of this chapter, or any regulation, order or permit adopted or issued thereunder. The superior court shall grant such relief upon notice and hearing. If two or more persons are responsible for a violation of any provision of this chapter, or any regulation, order or permit adopted or issued thereunder, such persons shall be jointly and severally liable.

      (b) In addition to those penalties provided by section 22a-175 and subsection (a) of this section, if any person fails to comply with any corrective provision of an order within six months of the date prescribed for the corrective provision of the order issued pursuant to the provisions of this chapter and (1) no request from such person for a hearing on such order or appeal therefrom is pending at the end of such six-month period, (2) the time for making such request or taking such appeal has expired and (3) the commissioner determines that such noncompliance is not due to factors beyond the control of such person, the commissioner shall request the Attorney General to bring an action in the superior court for the judicial district of Hartford for injunctive relief to restrain any further violation of the order and to secure compliance with the order or any part thereof. During the pendency of any action brought pursuant to this subsection, the commissioner shall pursue any administrative measure available to obtain compliance.

      (1967, P.A. 754, S. 11; 1969, P.A. 758, S. 9; 1971, P.A. 872, S. 24; 1972, P.A. 103, S. 3; P.A. 78-280, S. 2, 127; P.A. 87-338, S. 4, 11; P.A. 88-230, S. 1, 12; 88-364, S. 38, 123; P.A. 90-98, S. 1, 2; 90-150, S. 1; 90-247, S. 3; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: 1969 act increased maximum penalty from five hundred to one thousand dollars and removed clause which allowed institution of civil action only if preventative or corrective measures are not taken; 1971 act replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection; 1972 act allowed imposition of penalty "in addition to those penalties provided by Sec. 19-508a"; P.A. 78-280 replaced "county" with "judicial district"; Sec. 19-516 transferred to Sec. 22a-180 in 1983; P.A. 87-338 amended the section by changing the amount of the penalty from five thousand dollars per week to one thousand dollars per day and authorizing the commissioner of environmental protection to request the attorney general to bring an action for imposition of the penalty; P.A. 88-230 replaced "judicial district of Hartford-New Britain at Hartford" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 made technical changes; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-150 added Subsec. (b) re mandatory referral of certain matters to the attorney general for the purpose of obtaining injunctive relief; P.A. 90-247 provided that penalties apply to violations of regulations and permits, increased the penalty from a maximum of one thousand dollars to a maximum of twenty-five thousand dollars and added provision re joint and several liability; 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Subsec. (a):

      Cited. 227 C. 545.

      Sec. 22a-181. (Formerly Sec. 19-517). Emergency action. Notwithstanding the provisions of this chapter or any other provisions of law, if the commissioner finds that an air pollution emergency exists caused by adverse meteorological conditions, such as an inversion or a stagnant high pressure system, which requires immediate action to protect the public health or safety, he may order any person causing air pollution to reduce or discontinue air pollution immediately. If under any circumstances the commissioner finds any person is causing air pollution to such an extent as to require immediate action to protect the public health or safety, he may order such person to reduce or discontinue the air pollution immediately. Upon the issuance of any such order, the commissioner shall fix a place and time, not later than forty-eight hours thereafter, for a hearing to be held before him. Not more than twenty-four hours after the conclusion of such hearing, and without adjournment thereof, the commissioner shall affirm, modify or set aside his order.

      (1967, P.A. 754, S. 12; 1971, P.A. 872, S. 25; 1972, P.A. 103, S. 4.)

      History: 1971 act replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection; 1972 act reworded provision re immediate action for protection of public health or safety; Sec. 19-517 transferred to Sec. 22a-181 in 1983.

      Sec. 22a-182. (Formerly Sec. 19-518). Appeals. Exceptions. Section 22a-182 is repealed.

      (1967, P.A. 754, S. 13; 1969, P.A. 758, S. 10; 1971, P.A. 870, S. 53; 872, S. 26; 1972, P.A. 103, S. 5; P.A. 73-665, S. 6, 17; P.A. 74-183, S. 235, 291; P.A. 76-436, S. 204, 681; P.A. 77-603, S. 56, 125; P.A. 78-280, S. 1, 127; June Sp. Sess. P.A. 83-29, S. 25, 82; P.A. 87-338, S. 10, 11.)

      Sec. 22a-182a. Appeals from decisions in contested cases. Notwithstanding the provisions of section 4-183, any appeal by a person aggrieved by a final decision of the Commissioner of Environmental Protection made in a contested case under the provisions of this chapter shall be brought in the superior court for the judicial district of New Britain.

      (P.A. 87-338, S. 7, 11; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: P.A. 88-230 replaced "judicial district of Hartford-New Britain at Hartford" 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999.

      Sec. 22a-183. (Formerly Sec. 19-519). Permit for exemption from regulations. (a) Any person who owns or is in control of any plant, building, structure, process or equipment may apply to the commissioner for a permit granting an exemption or partial exemption from regulations issued pursuant to this chapter governing the quality, nature, duration or extent of discharges of air pollutants. The application shall be accompanied by, or the applicant shall furnish, such information and data as the commissioner may require. The commissioner may grant such permit if he finds that the discharges occurring or proposed to occur do not constitute a danger to public health or safety, and compliance with the regulations from which exemption is sought would produce substantial practical difficulty or hardship without equal or greater benefits to the public.

      (b) No permit shall be granted pursuant to this section (1) except after a public hearing held by the commissioner, (2) until the commissioner has considered the relative interests of the applicant, owners of other property likely to be affected by the discharges, and the general public, as specified in section 22a-176, and (3) unless the commissioner has determined whether the source, either alone or in combination with another source, if granted such permit, endangers public health, safety or welfare or the environment.

      (c) The exemption or partial exemption granted by any permit pursuant to this section shall be limited in duration to no more than five years. The Commissioner of Environmental Protection may, upon further application pursuant to this section, grant further exemption or partial exemption from the regulations adopted under this chapter for additional periods of not more than five years' duration.

      (d) For any application for a permit under this chapter pending before the commissioner on June 1, 1998, for which the commissioner has not published notice of his tentative determination on the application, if the commissioner determines that compliance by an applicant with the requirements of section 22a-6l is necessary to more adequately apprise the public or abutting landowners of the proposed activity, the commissioner may require compliance with such section.

      (1967, P.A. 754, S. 14; 1969, P.A. 758, S. 11; 1971, P.A. 872, S. 27; P.A. 98-216, S. 3, 5.)

      History: 1969 act substituted Sec. 19-510 for repealed Sec. 19-509 in Subsec. (b); 1971 act replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection ; Sec. 19-519 transferred to Sec. 22a-183 in 1983; P.A. 98-216 added "substantial" in Subsec. (a), divided Subsec. (b) into Subdivs. and added new Subdiv. (3) re consideration of public health, safety or welfare or the environment, amended Subsec. (c) by limiting exemption to no more than five years and authorizing the commissioner to grant further exemption, and added new Subdiv. (d) re pending applications, effective June 1, 1998.

      See Sec. 22a-174d re planting of trees or turf grass as condition of permit.

      Sec. 22a-184. (Formerly Sec. 19-519a). Causing of air pollution prohibited. Permits for air contaminant sources. No person shall cause air pollution in violation of any provisions of this chapter or section 14-164c or of the regulations adopted hereunder; no person shall construct, install, enlarge, or establish a new air contaminant source specified in regulations adopted by the commissioner without a permit issued by the commissioner, or in violation of an order of said commissioner. The commissioner may request the Attorney General to institute an action in the superior court for the judicial district of Hartford for injunctive relief to restrain any violation of this section.

      (1969, P.A. 758, S. 6; P.A. 84-546, S. 134, 173; P.A. 87-338, S. 5, 11; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: Sec. 19-519a transferred to Sec. 22a-184 in 1983; P.A. 84-546 made technical change, substituting reference to Sec. 14-164c for reference to Sec. 14-100c; P.A. 87-338 added provision re suits for injunctive relief; P.A. 88-230 replaced "judicial district of Hartford-New Britain at Hartford" 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 22a-185. (Formerly Sec. 19-520a). Municipal districts for control of air pollution. Upon approval of the commissioner, any municipality, pursuant to ordinance, may join with any other municipality or combination thereof, in the formation of a district for the control of air pollution. Any municipality or such district may adopt ordinances or regulations for the control of air pollution within its territorial limits. Such ordinances or regulations may embody the regulations promulgated hereunder, in whole or in part, or may consist of other ordinances or regulations in conformity with the regulations promulgated hereunder. No such ordinance or regulation shall be effective until fifteen days after approval by the commissioner. If the commissioner fails to act upon such ordinances or regulations within sixty days after submission to him, such ordinances or regulations shall be deemed to be approved. In acting upon such ordinances or regulations the commissioner shall give due consideration to the standards set forth in section 22a-176. Nothing contained in this section shall be construed to prevent the enforcement of any municipal ordinance or regulation for the control of air pollution not in conflict with this chapter or any regulations promulgated hereunder, which ordinance or regulation was adopted by the legislative body of any municipality prior to July 6, 1967. Subject to the approval of the commissioner, nothing contained in this section shall prohibit a municipal ordinance or regulation from imposing stricter controls than the regulations promulgated hereunder.

      (1969, P.A. 758, S. 12; 1971, P.A. 872, S. 28.)

      History: 1971 act replaced "commission", i.e. clean air commission with "commissioner", i.e. commissioner of environmental protection; Sec. 19-520a transferred to Sec. 22a-185 in 1983.

      Sec. 22a-186. Permit for the construction and operation of an air contaminant source. No person required by the provisions of section 22a-174 to obtain a permit for the construction and operation of an air contaminant source, including, but not limited to, a fume incinerator, shall construct and operate such source, except as authorized by the Commissioner of Environmental Protection. Any use or operation of such source not authorized by the commissioner shall be cause for the commissioner to revoke the subject permit. The commissioner, as he deems necessary, may require an emission test of the source as a condition of such permit. The results of any such test shall be sent to the legislative body of the municipality in which the source is located upon request of such legislative body. The commissioner may require, by regulations adopted in accordance with the provisions of chapter 54, payment of a fee by the owner or operator of an air contaminant source sufficient to cover the reasonable cost to the Department of Environmental Protection of conducting or monitoring an emission test required pursuant to this section or section 22a-174. The commissioner may revoke the permit of any person who violates any regulation adopted by the commissioner pursuant to section 22a-174.

      (P.A. 83-159, S. 1, 3; P.A. 04-151, S. 3.)

      History: P.A. 04-151 made technical changes, revised provisions re revocation of permit, and changed provisions re emission test of a source from a possible requirement before issuance of a permit to a possible condition of a permit, effective May 21, 2004.

      Sec. 22a-186a. Considerations in issuance of permit. No permit under section 22a-174 or 22a-183, except a permit for the burning of brush under subsection (f) of said section 22a-174, shall be granted, renewed or modified unless the commissioner considers air pollution emitted from all sources on the land where the activity requiring the permit is located and he determines that each source conforms to regulations adopted under section 22a-174 and does not pose a health hazard.

      (P.A. 89-225, S. 1; P.A. 90-247, S. 8; P.A. 94-205, S. 2.)

      History: P.A. 90-247 excepted permits for the burning of brush; P.A. 94-205 deleted a provision re review of permit applicant's compliance history.

      See Sec. 22a-6m re review of permit applicant's compliance history.

      Sec. 22a-186b. Written notification of application for permit. Section 22a-186b is repealed.

      (P.A. 89-225, S. 2; P.A. 90-247, S. 9; P.A. 91-151; P.A. 94-85, S. 4.)

      See Sec. 22a-6l re posting of notice of permit applications.

      Secs. 22a-187 and 22a-187a. Hazardous Air Pollutant Advisory Panel. Recommendations; annual report. Sections 22a-187 and 22a-187a are repealed, effective June 6, 1997.

      (P.A. 85-590, S. 2, 3, 7; P.A. 97-124, S. 15, 16.)

      Sec. 22a-188. Small business stationary source assistance program: Definitions. (a) For purposes of this section and section 22a-188a, the term "small business stationary source" means a stationary source of air pollution that:

      (1) Is owned or operated by a person who employs one hundred or fewer individuals;

      (2) Is a small business concern as defined in the federal Small Business Act;

      (3) Is not a major stationary source as defined in the federal Clean Air Act Amendments of 1990;

      (4) Emits less than fifty tons per year of any pollutant regulated pursuant to the federal Clean Air Act Amendments of 1990; and

      (5) Emits less than seventy-five tons per year of all such pollutants.

      (b) Upon petition by a person who owns or operates a stationary source of air pollution, the Commissioner of Environmental Protection may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subsection (a) of this section but which emits less than one hundred tons per year of pollutants regulated pursuant to the federal Clean Air Act.

      (P.A. 93-428, S. 37, 39.)

      History: P.A. 93-428 effective July 1, 1993.

      Sec. 22a-188a. Small business stationary source assistance program: Compliance program; advisory panel. (a) The Department of Environmental Protection shall establish a small business stationary source technical and environmental compliance program to assist, within available appropriations, small business stationary sources in complying with the federal Clean Air Act Amendments of 1990.

      (b) There shall be a small business air pollution compliance advisory panel which shall advise the Commissioner of Environmental Protection with regard to the effectiveness of the small business stationary source technical and environmental compliance program and which shall report to the administrator of the United States Environmental Protection Agency on the compliance of such program with the federal Paperwork Reduction Act, the federal Regulatory Flexibility Act, and the federal Equal Access to Justice Act. The panel shall consist of ten members and shall be constituted as follows:

      (1) Two members who are not owners or representatives of owners of small business stationary sources, selected by the Governor to represent the public;

      (2) One member who is an owner of a small business stationary source, selected by the speaker of the House of Representatives;

      (3) One member selected by the majority leader of the House of Representatives to represent the public;

      (4) One member who is an owner of a small business stationary source, selected by the minority leader of the House of Representatives;

      (5) One member who is an owner or who represents an owner of a small business stationary source, selected by the president pro tempore of the Senate;

      (6) One member selected by the majority leader of the Senate to represent the public;

      (7) One member who is an owner or who represents an owner of a small business stationary source, selected by the minority leader of the Senate;

      (8) One member selected by the Commissioner of Environmental Protection to represent the Department of Environmental Protection; and

      (9) One member who is the Commissioner of Environmental Protection's designated small business ombudsman.

      (P.A. 93-428, S. 38, 39.)

      History: P.A. 93-428 effective July 1, 1993.

      Sec. 22a-189. Reserved for future use.

      Sec. 22a-190. Definitions. As used in sections 22a-191, 22a-193, 22a-231 and 22a-233, "resources recovery facility" means a facility utilizing processes aimed at reclaiming the material or energy values from municipal solid wastes, "dioxin and furan emissions" means tetrachlorodibenzodioxin and tetrachlorodibenzofuran emissions or emissions of any other isomers of comparable toxicity.

      (P.A. 86-332, S. 1, 20.)

      Sec. 22a-191. Air quality standard for dioxin and furan emissions. (a) The Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health, shall by regulations adopted in accordance with the provisions of chapter 54, except that notice may be published not later than February 1, 1987, establish an air quality standard for dioxin and furan emissions from resources recovery facilities at the stack and in the ambient air surrounding such facilities. The standard shall be consistent with this chapter and chapters 298, 446d and 446k, as amended, and with the federal Safe Drinking Water Act, 42 USC Section 300f et seq., including amendments thereto and regulations thereunder.

      (b) On and after the effective date of standards adopted in accordance with subsection (a) of this section, no person shall operate a resources recovery facility in violation of such standards.

      (P.A. 86-332, S. 2, 20; 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-191a. Mercury emissions testing program. Sewage sludge incinerator stack testing. (a) On or before February 1, 1994, the Commissioner of Environmental Protection, in conjunction with the dioxin testing program established under section 22a-191 and within available appropriations, shall prepare a plan to implement a program of testing of resource recovery facilities for the presence of mercury and other metals in the air emissions of such facilities. Such plan shall be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such testing shall commence July 1, 1994, in accordance with applicable testing protocols established by the United States Environmental Protection Agency and shall be conducted at least once annually thereafter. The costs of such testing shall be paid out of the solid waste account established pursuant to section 22a-233.

      (b) On or before January 1, 2002, and annually thereafter, the operator of each sewage sludge incinerator in this state shall conduct a stack test for the presence of mercury, metals and hydrocarbons in the air emissions of each such incinerator. Such test shall be conducted, and the results of such test reviewed and reported to the commissioner, in accordance with any procedures established by the commissioner and on any forms prescribed by the commissioner. After reviewing such report, the commissioner may order additional testing to be conducted or additional control measures to be undertaken at the incinerator if the commissioner determines that such testing or measures are necessary and reasonable for the protection of human health or the environment.

      (P.A. 93-366; P.A. 01-204, S. 13, 29; June Sp. Sess. P.A. 01-9, S. 73, 131.)

      History: (Revisor's note: In 1997 a reference to "Solid Waste Fund" was replaced editorially by the Revisors with "solid waste account" to conform section with Sec. 22a-233); P.A. 01-204 designated existing provisions as Subsec. (a) and added new Subsec. (b) re stack testing of sewage sludge incinerators, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section.

      Sec. 22a-192. Evaluation of health risks. The Commissioner of Public Health shall evaluate the health risks of dioxins and furans. The evaluation shall be considered by the Commissioner of Environmental Protection in adopting standards for dioxin and furan emissions from resources recovery facilities pursuant to section 22a-191.

      (P.A. 86-332, S. 12, 20; 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-193. Reporting required for exceeding or deviating from permitted emissions limits. On and after July 1, 1996, the owner or operator of a resources recovery facility shall notify the Commissioner of Environmental Protection within twelve hours of any exceeding of, or deviation from, any permitted emissions limitation or parameter including, but not limited to, dioxin and furan indicators such as combustion efficiency and temperature, opacity, sulfur dioxide, nitrogen oxides, carbon monoxide, combustion efficiency, combustion temperature, sulfur dioxide reduction efficiency, final particulate control device inlet temperature and steam load.

      (P.A. 86-332, S. 4, 20; P.A. 87-489, S. 1, 14; P.A. 96-163, S. 5, 10; P.A. 03-123, S. 1