Sec. 22a-6. Commissioner to establish environmental standards, regulations
and fees, to make contracts and studies and to issue permits. Complaints. Hearings.
Bonds. Notice of contested cases. (a) The commissioner may: (1) Adopt, amend or
repeal, in accordance with the provisions of chapter 54, such environmental standards,
criteria and regulations, and such procedural regulations as are necessary and proper to
carry out his functions, powers and duties; (2) enter into contracts with any person,
firm, corporation or association to do all things necessary or convenient to carry out the
functions, powers and duties of the department; (3) initiate and receive complaints as to
any actual or suspected violation of any statute, regulation, permit or order administered,
adopted or issued by him. The commissioner shall have the power to hold hearings,
administer oaths, take testimony and subpoena witnesses and evidence, enter orders and
institute legal proceedings including, but not limited to, suits for injunctions, for the
enforcement of any statute, regulation, order or permit administered, adopted or issued
by him; (4) in accordance with regulations adopted by him, require, issue, renew, revoke,
modify or deny permits, under such conditions as he may prescribe, governing all sources
of pollution in Connecticut within his jurisdiction; (5) in accordance with constitutional
limitations, enter at all reasonable times, without liability, upon any public or private
property, except a private residence, for the purpose of inspection and investigation to
ascertain possible violations of any statute, regulation, order or permit administered,
adopted or issued by him and the owner, managing agent or occupant of any such property shall permit such entry, and no action for trespass shall lie against the commissioner
for such entry, or he may apply to any court having criminal jurisdiction for a warrant
to inspect such premises to determine compliance with any statute, regulation, order or
permit administered, adopted or enforced by him, provided any information relating to
secret processes or methods of manufacture or production ascertained by the commissioner during, or as a result of, any inspection, investigation, hearing or otherwise shall
be kept confidential and shall not be disclosed except that, notwithstanding the provisions of subdivision (5) of subsection (b) of section 1-210, such information may be
disclosed by the commissioner to the United States Environmental Protection Agency
pursuant to the federal Freedom of Information Act of 1976, (5 USC 552) and regulations
adopted thereunder or, if such information is submitted after June 4, 1986, to any person
pursuant to the federal Clean Water Act (33 USC 1251 et seq.); (6) undertake any studies,
inquiries, surveys or analyses he may deem relevant, through the personnel of the department or in cooperation with any public or private agency, to accomplish the functions,
powers and duties of the commissioner; (7) require the posting of sufficient performance
bond or other security to assure compliance with any permit or order; (8) provide by
notice printed on any form that any false statement made thereon or pursuant thereto is
punishable as a criminal offense under section 53a-157b; (9) construct or repair or contract for the construction or repair of any dam or flood and erosion control system under
his control and management, make or contract for the making of any alteration, repair
or addition to any other real asset under his control and management, including rented
or leased premises, involving an expenditure of five hundred thousand dollars or less,
and, with prior approval of the Commissioner of Public Works, make or contract for
the making of any alteration, repair or addition to such other real asset under his control
and management involving an expenditure of more than five hundred thousand dollars
but not more than one million dollars; (10) in consultation with affected town and watershed organizations, enter into a lease agreement with a private entity owning a facility
to allow the private entity to generate hydroelectricity provided the project meets the
certification standards of the Low Impact Hydropower Institute; (11) by regulations
adopted in accordance with the provisions of chapter 54, require the payment of a fee
sufficient to cover the reasonable cost of the search, duplication and review of records
requested under the Freedom of Information Act, as defined in section 1-200, and the
reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions of any state or federal permit, license, registration,
order, certificate or approval required pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) of section 22a-424,
and sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174,
22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 22a-363c, 22a-368,
22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449
and 22a-454 to 22a-454c, inclusive, and Section 401 of the federal Clean Water Act,
(33 USC 1341). Such costs may include, but are not limited to the costs of (A) public
notice, (B) reviews, inspections and testing incidental to the issuance of and monitoring
of compliance with such permits, licenses, orders, certificates and approvals, and (C)
surveying and staking boundary lines. The applicant shall pay the fee established in
accordance with the provisions of this section prior to the final decision of the commissioner on the application. The commissioner may postpone review of an application
until receipt of the payment. Payment of a fee for monitoring compliance with the terms
or conditions of a permit shall be at such time as the commissioner deems necessary
and is required for an approval to remain valid; and (12) by regulations adopted in
accordance with the provisions of chapter 54, require the payment of a fee sufficient to
cover the reasonable cost of responding to requests for information concerning the status
of real estate with regard to compliance with environmental statutes, regulations, permits
or orders. Such fee shall be paid by the person requesting such information at the time
of the request. Funds not exceeding two hundred thousand dollars received by the commissioner pursuant to subsection (g) of section 22a-174, during the fiscal year ending
June 30, 1985, shall be deposited in the General Fund and credited to the appropriations
of the Department of Environmental Protection in accordance with the provisions of
section 4-86, and such funds shall not lapse until June 30, 1986. In any action brought
against any employee of the department acting within his scope of delegated authority
in performing any of the above-listed duties, the employee shall be represented by the
Attorney General.
(b) Notwithstanding the provisions of subsection (a) of this section no municipality
shall be required to pay more than fifty per cent of any fee established by the commissioner pursuant to said subsection.
(c) The commissioner shall adopt regulations in accordance with the provisions of
chapter 54 establishing a separate fee schedule for the payment of fees by municipalities.
The schedule of fees paid by municipalities pursuant to section 22a-430 shall be graduated and reflect the sum of the average daily flows of wastewater in a municipality
applying for a permit.
(d) The Commissioner of Environmental Protection shall provide notice of any
proceeding involving a specific site if any decision by the commissioner concerning
such site is contested. The notice shall be sent to the chief executive officer of the
municipality in which such site is located and to each member of the legislature in whose
district such site is located. A copy of such notice shall be made a part of the record of
any other proceeding before the commissioner on such site.
(e) Whenever the commissioner issues an order to enforce any statute, regulation,
permit or order administered or issued by him, any person or municipality aggrieved
by such order may, except as otherwise provided by law, request a hearing before the
commissioner within thirty days from the date such order is sent. Such hearing shall be
conducted in accordance with the procedures provided by chapter 54.
(f) The provisions of sections 22a-45a and 22a-174, subsection (r) of section 22a-208a, sections 22a-349a, 22a-354p, 22a-378a, 22a-411 and 22a-430b and subsection
(d) of section 22a-454 which authorize the issuance of general permits shall not affect
the authority of the commissioner, under any statute or regulation, to abate pollution
or to enforce the laws under his jurisdiction, including the authority to institute legal
proceedings. Such proceedings may include summary suspension in accordance with
subsection (c) of section 4-182. The commissioner may reissue, modify, revoke or suspend any general permit in accordance with the procedures set forth for the issuance of
such permit.
(g) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, establishing a schedule of subscription fees
to cover the reasonable cost to the Department of Environmental Protection of responding to requests for notices of applications for permits and other licenses and tentative determinations thereon issued by the commissioner.
(h) The commissioner may adopt regulations pertaining to activities for which the
federal government has adopted standards or procedures. All provisions of such regulations which differ from federal standards or procedures shall be clearly distinguishable
from such standards or procedures either on the face of the proposed regulation or
through supplemental documentation accompanying the proposed regulation at the time
of the notice concerning such regulation required under section 4-168. An explanation
for all such provisions shall be included in the regulation-making record required under
chapter 54 and shall be publicly available at the time of the notice concerning the regulation required under section 4-168. This subsection shall apply to any regulation for
which a notice of intent to adopt is published on and after July 1, 1999.
(1971, P.A. 872, S. 7; P.A. 73-665, S. 3, 17; P.A. 74-188; P.A. 81-227, S. 1; P.A. 82-91, S. 17, 38; 82-180; P.A. 83-555, S. 1; June Sp. Sess. P.A. 83-38, S. 3; P.A. 84-120, S. 2; 84-542, S. 5; 84-546, S. 68, 173; P.A. 85-392, S. 1, 5; 85-515, S. 1; P.A. 85-571, S. 14; P.A. 86-277, S. 1, 4; 86-403, S. 48, 132; P.A. 87-98; 87-144; 87-219, S. 1, 2; 87-496, S. 90,
110; P.A. 89-139; 89-197; P.A. 90-231, S. 22, 28; P.A. 91-200, S. 1, 3; P.A. 92-51; 92-162, S. 2, 25; 92-217, S. 1, 5; P.A.
93-428, S. 13, 39; P.A. 96-145, S. 9; P.A. 97-47, S. 44; P.A. 98-134, S. 3; P.A. 03-276, S. 5; June 30 Sp. Sess. P.A. 03-6,
S. 151; P.A. 04-151, S. 12; P.A. 07-45, S. 1; 07-242, S. 45.)
History: P.A. 73-665 replaced alphabetic Subdiv. indicators with numeric ones, deleted listing of specific sections and
chapters with regard to which commissioner has power, granted commissioner power to make "procedural regulations",
deleted references to powers of commissioner's agents, empowered commissioner to control permits, allowed commissioner to obtain warrant for inspection purposes, empowered commissioner to require performance bonds and to provide
notice that false statement is a criminal offense and deleted provisions re procedure for hearings held by commissioner or
hearing officer appointed by him; P.A. 74-188 added Subdiv. (9) re commissioner's power to make contracts; P.A. 81-227 authorized the commissioner to enter upon private property without liability and without being subject to suit for
trespass and required that attorney general represent department employees in suits against them for actions performed in
course of their duties; P.A. 82-91 added Subdiv. (10) which authorized commissioner, by regulation, to require payment
of fee to cover cost of reviewing application for and monitoring compliance with terms of various permits, licenses, orders,
certificates or approvals, and provided that all funds received by commissioner under this section and Sec. 19-508(g)
during fiscal year 82-83 shall be deposited in general fund, credited to appropriations of department and shall not lapse
until June 30, 1984; P.A. 82-180 amended Subdiv. (5) to authorize disclosure of information to the Environmental Protection
Agency pursuant to federal law; P.A. 83-555 empowered the commissioner to require the payment of a fee for acting upon
and monitoring compliance with permits required by Secs. 22a-424, 22a-174 and 22a-368, specified the time of payment
for an application and any subsequent monitoring of compliance with the terms of a permit and extended time for deposit
of funds received in general fund and time at which funds lapse by one year; June Sp. Sess. P.A. 83-38 allowed the
commissioner of environmental protection to construct or repair any dam or flood or erosion control system involving an
expenditure of less than $250,000 and allowed the commissioner to contract for the repair or alteration of any real asset
under his control involving an expenditure of $100,000 or less and to do the same for real assets involving an expenditure
between $100,000 and $250,000, with the prior approval of the commissioner of administrative services, replacing provision
which had authorized commissioner to contract for repairs, etc. costing $50,000 or less but which had required bids for
expenditures between $25,000 and $50,000; P.A. 84-120 amended Subdiv. (10) to authorize a fee for monitoring compliance
with the terms and conditions of any registration; P.A. 84-542 limited the funds received pursuant to Sec. 22a-174 and
which are earmarked for the department of environmental protection for the fiscal year ending June 30, 1985, to $200,000;
P.A. 84-546 made technical changes to section and added language re payment of fee; P.A. 85-392 amended Subdiv. (10)
to authorize a fee for solid waste permits, adding references to Secs. 22a-208 and 22a-209; P.A. 85-515 made existing
provisions Subsec. (a) and added Subsec. (b), re amount of fees paid by municipalities and adoption of regulations establishing municipal fee schedules; P.A. 85-571 added provision in Subsec. (b) entitling any municipality paying fee on or after
May 15, 1984, and prior to October 1, 1985 to a credit, and divided Subsec. (b) to create Subsecs. (b) and (c); P.A. 86-277
amended Subsec. (a)(1) by requiring public hearings for amendments to regulations that incorporate amendments to federal
law which is a part of state regulation only upon request of a group of fifteen persons or more or a governmental subdivision
or agency, and amended Subsec. (a)(5) by authorizing disclosure of information submitted after June 4, 1986; P.A. 86-403 made technical changes in Subsec. (a); P.A. 87-98 amended Subsec. (a)(1) to delete provisions re public hearings on
regulations; P.A. 87-144 added Subsec. (d) re notice of proceedings involving specific sites; P.A. 87-219 added Subsec.
(a)(11) authorizing the commissioner to charge a fee to determine the status of real estate; P.A. 87-496 substituted "public
works" for "administrative services" commissioner in Subsec. (a); (Revisor's note: In 1989 the numeric subparagraph
indicators in Subdiv. (10) of Subsec. (a) were changed editorially by the Revisors to alphabetic indicators in the interests
of consistency of usage); P.A. 89-139 doubled expenditure limits in Subsec. (a)(9); P.A. 89-197 amended Subsec. (a)(10)
to authorize a fee for reviews of transfers of hazardous waste establishments under Sec. 22a-134a; P.A. 90-231 amended
Subsec. (a)(10) to require that fees cover cost of search, duplication and review of records requested under freedom of
information act and to add references to Secs. 22a-6d, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174a, 22a-363c, 22a-372, 22a-379, 22a-409, 22a-449 and 22a-454a to 22a-454c, inclusive; P.A. 91-200 amended Subsec. (a) to authorize all
expenditures of $500,000 or less, eliminating previous distinction between expenditures for dams or flood control systems
and those involving other real assets and to increase expenditure limit where prior approval has been obtained from $500,000
to $1,000,000; P.A. 92-51 added Subsec. (e) re hearings on orders of the commissioner; P.A. 92-162 added new Subsec.
(f) re authority of commissioner relative to general permits issued under title 22a; P.A. 92-217 amended Subsec. (a) to
authorize the commissioner to adopt regulations re fees for applications and monitoring compliance with Section 401 of
the federal Clean Water Act; P.A. 93-428 added new Subsec. (g) re subscription fees for notices of permit applications,
effective July 1, 1993; P.A. 96-145 deleted a reference to repealed Sec. 22a-384 in Subsec. (a); P.A. 97-47 amended Subsec.
(a) by inserting reference to Sec. 1-18a; P.A. 98-134 added new Subsec. (h) re adoption of regulations which differ from
applicable federal standards; P.A. 03-276 amended Subsec. (h) to replace "public hearing on" with "notice concerning",
to replace "chapter 54" with "section 4-168" and to add provision re public availability at the time of notice, effective July
1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(10) by adding "22a-354i" and amended Subsec. (b) by deleting
provision re credit for any municipality which paid a fee on or after May 15, 1984, and prior to October 1, 1985, effective
August 20, 2003; P.A. 04-151 amended Subsec. (a) to delete reference to Sec. 22a-174a, effective May 21, 2004; P.A. 07-45 amended Subsec. (h) to delete "the applicable" re federal standards or procedures; P.A. 07-242 amended Subsec. (a)
by adding new Subdiv. (10) re leases with private entities allowing hydroelectricity generation and redesignating existing
Subdivs. (10) and (11) as Subdivs. (11) and (12), respectively.
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Sec. 22a-6b. Imposition of civil penalties by the commissioner. (a) The Commissioner of Environmental Protection shall adopt regulations, in accordance with the
provisions of chapter 54, to establish a schedule setting forth the amounts, or the ranges
of amounts, or a method for calculating the amount of the civil penalties which may
become due under this section. Such schedule or method may be amended from time
to time in the same manner as for adoption provided any such regulations which become
effective after July 1, 1993, shall only apply to violations which occur after said date.
The civil penalties established for each violation shall be of such amount as to insure
immediate and continued compliance with applicable laws, regulations, orders and permits. Such civil penalties shall not exceed the following amounts:
(1) For failure to file any registration, other than a registration for a general permit,
for failure to file any plan, report or record, or any application for a permit, for failure
to obtain any certification, for failure to display any registration, permit or order, or file
any other information required pursuant to any provision of section 14-100b or 14-164c,
subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, 15-175,
22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, subsection (b) of section 22a-134p, section 22a-171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-231, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405,
inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449,
22a-450, 22a-451, 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation,
order or permit adopted or issued thereunder by the commissioner, and for other violations of similar character as set forth in such schedule or schedules, no more than one
thousand dollars for said violation and in addition no more than one hundred dollars for
each day during which such violation continues;
(2) For deposit, placement, removal, disposal, discharge or emission of any material
or substance or electromagnetic radiation or the causing of, engaging in or maintaining
of any condition or activity in violation of any provision of section 14-100b or 14-164c,
subdivision (3) of subsection (b) of section 15-121, section 15-171, 15-172, 15-175,
22a-5, 22a-6, 22a-7, 22a-32, 22a-39 or 22a-42a, 22a-45a, chapter 441, sections 22a-134 to 22a-134d, inclusive, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, section 22a-162, 22a-171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-354p, 22a-358, 22a-359, 22a-361, 22a-362, 22a-368, 22a-401 to 22a-405, inclusive, 22a-411, 22a-416, 22a-417, 22a-424 to
22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 22a-461,
22a-462 or 22a-471, or any regulation, order or permit adopted thereunder by the commissioner, and for other violations of similar character as set forth in such schedule or
schedules, no more than twenty-five thousand dollars for said violation for each day
during which such violation continues;
(3) For violation of the terms of any final order of the commissioner, except final
orders under subsection (d) of this section and emergency orders and cease and desist
orders as set forth in subdivision (4) of this subsection, for violation of the terms of any
permit issued by the commissioner, and for other violations of similar character as set
forth in such schedule or schedules, no more than twenty-five thousand dollars for said
violation for each day during which such violation continues;
(4) For violation of any emergency order or cease and desist order of the commissioner, and for other violations of similar character as set forth in such schedule or
schedules, no more than twenty-five thousand dollars for said violation for each day
during which such violation continues;
(5) For failure to make an immediate report required pursuant to subdivision (3) of
subsection (a) of section 22a-135, or a report required by the department pursuant to
subsection (b) of section 22a-135, no more than twenty-five thousand dollars per violation per day;
(6) For violation of any provision of the state's hazardous waste program, no more
than twenty-five thousand dollars per violation per day;
(7) For wilful violation of any condition imposed pursuant to section 26-313 which
leads to the destruction of, or harm to, any rare, threatened or endangered species, no
more than ten thousand dollars per violation per day;
(8) For violation of any provision of sections 22a-608 to 22a-611, inclusive, no more
than the amount established by Section 325 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 USC 11001 et seq.) for a violation of Section 302, 304
or 311 to 313, inclusive, of said act.
(b) In adopting regulations regarding any schedule or methods prescribed by this
section, the commissioner shall consider:
(1) The amount or ranges of amounts of assessment necessary to insure immediate
and continued compliance;
(2) The character and degree of impact of the violation on the natural resources of
the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in taking all feasible steps
or procedures necessary or appropriate to comply or to correct the violation;
(4) Any prior violations by such person of statutes, regulations, orders or permits
administered, adopted or issued by the commissioner;
(5) The economic and financial conditions of such person;
(6) The economic benefit which such person derived as a result of the violation;
(7) The character and degree of injury to, or interference with, public health, safety
or welfare which is caused or threatened to be caused by such violation;
(8) The character and degree of injury or impairment to, or interference with, reasonable use of property which is caused or threatened to be caused by such violation;
(9) The character and degree of injury or impairment to, or interference with, the
public trust in the air, water, land and other natural resources of the state;
(10) To the extent consistent with applicable law, any other factors the commissioner deems appropriate, including voluntary measures taken by such person to prevent
pollution or enhance or preserve natural resources;
(11) In the case of violation of the provisions of subdivision (3) of subsection (a)
of section 22a-135, the apparent seriousness of the release, occurrence, incident or other
circumstance at the time it first became known to the licensee or any employee of such
licensee, the extent of the delay from the time such licensee or employee had or in the
exercise of reasonable care should have had knowledge of such release, occurrence,
incident or circumstance until its reporting by the licensee in accordance with this subsection, subsection (a) of this section and sections 16-19g and 22a-135, and the conduct
of the licensee in taking all necessary steps to prevent future violations of the provisions
of said subdivision.
(c) If the commissioner has reason to believe that a violation has occurred for which
a civil penalty is authorized by this section, he may send to the violator, by certified
mail, return receipt requested, or personal service, a notice which shall include:
(1) A reference to the sections of the statute, regulation, order or permit involved;
(2) A short and plain statement of the matters asserted or charged;
(3) A statement of the amount of the civil penalty or penalties or the method for
calculating the penalty or penalties to be imposed upon finding after hearing that a
violation has occurred or upon a default; and
(4) A statement of the party's right to a hearing.
(d) The person to whom the notice is addressed shall have thirty days from the date
of receipt of the notice in which to deliver to the commissioner written application for
a hearing. If a hearing is requested then, after a hearing and upon a finding that a violation
has occurred, the commissioner may issue a final order assessing a civil penalty under
this section which is not greater than the penalty stated in the notice. The commissioner
may amend a notice of assessment at any time before such notice becomes final, provided
the person to whom the notice is addressed shall have thirty days from the date of receipt
of such amendment in which to deliver to the commissioner a written application for a
hearing on such amendment, and provided further the commissioner may amend a notice
of assessment after a hearing has begun only with the permission of the hearing officer.
If such a hearing is not so requested, or if such a request is later withdrawn, then the
notice shall, on the first day after the expiration of such twenty-day period or on the
first day after the withdrawal of such request for hearing, whichever is later, become a
final order of the commissioner and the matters asserted or charged in the notice shall
be deemed admitted unless modified by consent order, which shall be a final order. Any
civil penalty may be mitigated by the commissioner upon such terms and conditions as
the commissioner in the commissioner's discretion deems proper or necessary upon
consideration of the factors set forth in subsection (b) of this section.
(e) All hearings under this section shall be conducted pursuant to sections 4-176e
to 4-184, inclusive. The final order of the commissioner assessing a civil penalty shall
be subject to appeal as set forth in section 4-183, except that any such appeal shall be
taken to the superior court for the judicial district of New Britain and shall have precedence in the order of trial as provided in section 52-191. Such final order shall not be
subject to appeal under any other provision of the general statutes. No challenge to any
notice of assessment or final order of the commissioner assessing a civil penalty shall
be allowed as to any issue which could have been raised by an appeal of an earlier order,
notice, permit, denial or other final decision by the commissioner. Any civil penalty
authorized by this section shall become due and payable (1) at the time of receipt of a
final order in the case of a civil penalty assessed in such order after a hearing, (2) on
the first day after the expiration of the period in which a hearing may be requested if
no hearing is requested, or (3) on the first day after any withdrawal of a request for
hearing.
(f) Any person acting within the terms and conditions of a final order or permit
issued to him by the commissioner shall not be subject to a civil penalty, under this
section, for such actions.
(g) A civil penalty assessed in a final order of the commissioner under this section
may be enforced in the same manner as a judgment of the Superior Court. Such final
order shall be served in person or by certified mail, return receipt requested. Any notice
of violation or final order against a private corporation shall be served upon at least one
of the individuals enumerated in section 52-57. After entry, a transcript of such final
order may be filed by the commissioner, without requiring the payment of costs as a
condition precedent to such filing, in the office of the clerk of the superior court in
any one or more of the following judicial districts: Any judicial district in which the
respondent resides, any judicial district in which the respondent has a place of business,
any judicial district in which the respondent owns real property and any judicial district
in which any real property which is a subject of the proceedings is located; or, if the
respondent is not a resident of the state of Connecticut, in the judicial district of Hartford.
Upon such filing, such clerk or clerks shall docket such order in the same manner and
with the same effect as a judgment entered in the superior court within the judicial
district. Upon such docketing, such order may be enforced as a judgment of such court.
(h) The provisions of this section, sections 22a-2, 22a-6, 22a-6a, 22a-7, sections
22a-428, subsection (d) of section 22a-430, sections 22a-431, 22a-432, 22a-433, 22a-437 and subsections (b) and (c) of section 22a-459 are in addition to and in no way
derogate from any other enforcement provisions contained in any statute administered
by the commissioner. The powers, duties and remedies provided in such other statutes,
and the existence of or exercise of any powers, duties or remedies hereunder or thereunder shall not prevent the commissioner from exercising any other powers, duties or
remedies provided herein, therein, at law or in equity.
(i) No penalty shall be assessed pursuant to this section which exceeds two hundred
thousand dollars or such other amount as may be provided by federal law.
(P.A. 73-665, S. 2, 17; P.A. 78-96, S. 2; 78-280, S. 2, 6, 127; P.A. 80-351, S. 2, 3, 5; P.A. 81-443, S. 1, 7; 81-472, S.
55, 159; P.A. 83-108, S. 4; 83-587, S. 40, 41, 96; P.A. 84-54, S. 2, 3; 84-283, S. 2; 84-383, S. 4, 5; P.A. 86-239, S. 3, 14;
86-332, S. 18, 20; 86-403, S. 50, 132; P.A. 87-125, S. 2; 87-338, S. 1, 11; 87-438, S. 4; 87-475, S. 6, 7; P.A. 88-230, S. 1,
12; 88-317, S. 85, 107; 88-364, S. 80, 123; P.A. 89-209, S. 5; 89-212, S. 10; P.A. 90-98, S. 1, 2; 90-173, S. 9; P.A. 93-142, S. 4, 7, 8; 93-428, S. 33, 39; P.A. 95-218, S. 4, 24; 95-220, S. 4-6; P.A. 96-145, S. 11; P.A. 99-215, S. 24, 29; P.A.
05-288, S. 93; P.A. 07-217, S. 105.)
History: P.A. 78-96 added references to Sec. 22a-32 in Subsec. (a)(1) and (2); P.A. 78-280 substituted "judicial district"
for "county" and "judicial district of Hartford-New Britain" for "Hartford county"; P.A. 80-351 added Subsec. (a)(5) and
Subsec. (c)(8); P.A. 81-443 aded Subsec. (a)(6) authorizing commissioner to impose a civil penalty for violation by the
state's hazardous waste program; P.A. 81-472 made technical changes; P.A. 83-108 amended Subsec. (a)(1) to include
failure to obtain certification under penalty imposed and updated section and chapter references in (a)(1) and (2); P.A. 83-587 deleted references to Secs. 25-8a and 25-8c in Subsec. (a) and deleted reference to Sec. 25-54qq in Subsec. (i); P.A.
84-54 amended Subsec. (a)(6) by adding references to Secs. 22a-69 and 22a-74; P.A. 84-283 aded Subsec. (a)(7) authorizing
a civil penalty for violation of any condition imposed under Sec. 24-2a leading to the destruction of or harm to any rare,
threatened or endangered species; P.A. 84-383 amended Subsec. (a)(2) by adding references to Sec. 22a-161 and by making
actions involving electromagnetic radiation subject to civil penalties of said Subdiv; P.A. 86-239 amended Subsec. (a)(1)
and (2) by deleting reference to Sec. 22a-418 and adding reference to Sec. 22a-471; P.A. 86-332 amended Subsec. (a)(1)
by adding reference to Sec. 22a-231 and (a)(2) by adding reference to 22a-190; P.A. 86-403 added reference to Sec. 22a-208a in Subsec. (a); P.A. 87-125 amended Subsec. (a)(1) and (2) by deleting references to Sec. 22a-455 for consistency
with other statutory changes; P.A. 87-338 amended Subsec. (a)(1) and (2) to add Sec. 22a-42a and amended Subsec. (i)
to delete reference to Sec. 22a-182; P.A. 87-438 amended Subsec. (i) by deleting the reference to Sec. 22a-389 for statutory
consistency; P.A. 87-475 amended Subsec. (a)(6) by deleting reference to the Resource Conservation and Recovery Act
of 1976 (42 USC 6901 et seq.); P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of
Hartford", effective September 1, 1991; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (f) to include
new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after
that date; P.A. 88-364 amended Subsec. (i) to delete an obsolete reference; P.A. 89-209 amended Subsec. (a) by adding
references to Sec. 22a-134p; P.A. 89-212 added Subsec. (a)(8) establishing penalty amount for violations of Secs. 22a-607 to 22a-610, inclusive; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; P.A. 90-173 amended Subsec. (a) to require the schedule or schedules to be adopted "in accordance with chapter
54" rather than "after public hearings pursuant to section 22a-6" and amended Subsec. (a)(1) and (2) to add reference to
Secs. 15-171, 15-172 and 15-175; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 93-428 amended Subsec. (a) to authorize the commissioner to adopt
regulatory methods of assessing administrative civil penalties, to adopt civil penalties for violations of Secs. 22a-45a, 22a-134 to 22a-134d, inclusive, 22a-349a and 22a-411, to delete certain limiting provisions re the calculation of the amounts
of civil penalties, to delete caps on certain penalties and to expand financial liability for certain violations, amended Subsec.
(b) to add certain considerations for establishing civil penalties, rewrote former Subsec. (c) and relettered former Subsecs.
(d) to (i), inclusive, amended Subsec. (d) to provide for amended notices of assessment and added a new Subsec. (j) re cap
on civil penalties assessed under this section, effective July 1, 1993; P.A. 95-218 amended Subsec. (a) to add violations
re aquifer protection and erection of structures or dredging in waters of the state to the list for which penalties may be
assessed under this section; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998, effective July 1, 1995; P.A. 96-145 deleted references to repealed Secs. 22a-383, 22a-384, 22a-385 and 22a-387
in Subsec. (a); P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (e),
effective June 29, 1999; P.A. 05-288 made technical changes in Subsec. (e), effective July 13, 2005; P.A. 07-217 made
technical changes in Subsec. (d), effective July 12, 2007.
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Sec. 22a-14. Short title: Environmental Protection Act of 1971.
Plaintiff, a limited liability company formed, among other reasons, "to preserve, conserve, maintain and protect the
continuity, historic importance, environment and legal status" of the Fort Trumbull, New London area, had statutory
standing to bring an action against the defendants. 282 C. 791.
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Sec. 22a-16. Action for declaratory and equitable relief against unreasonable
pollution.
Plaintiff made a colorable claim of unreasonable harm to the environment sufficient to establish standing to seek relief.
282 C. 791. Action should have been brought in judicial district of Hartford, but plaintiff's failure to do so did not implicate
trial court's subject matter jurisdiction; the case should be transferred to judicial district of Hartford. Id.
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Sec. 22a-19. Administrative proceedings.
Section's plain and unambiguous language provides town with right to intervene for environmental protection purposes
in the judicial review of decisions of its wetlands agency and zoning commission and does not conflict with Secs. 8-1 and
22a-42, which delegate municipal authority to such agencies. 280 C. 405.
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Sec. 22a-21j. School bus emissions reduction program. (a) The Commissioner
of Environmental Protection, in consultation with the Commissioner of Education, shall
establish a school bus emissions reduction program. Such program shall be established
regardless of the price levels established by the procurement contracts developed pursuant to subsection (c) of section 14-164o. Through the program, the Commissioner of
Environmental Protection shall:
(1) Within available appropriations, make grants with funds from the school bus
emissions reduction account, established pursuant to section 22a-21k, to municipalities
and local and regional school boards to reimburse them for the cost of retrofitting full-sized school buses that are projected to be in service on or after September 1, 2010, as
follows: (A) Not to exceed five thousand dollars for each bus with an engine model
year between 2003 to 2006, inclusive, that has been equipped with a closed crankcase
filtration system and a level 3 device; (B) not to exceed two thousand five hundred
dollars for each bus that has been equipped with a closed crankcase filtration system
and a level 2 device; and (C) not to exceed one thousand two hundred fifty dollars for
each bus that has been equipped with a closed crankcase filtration system and a level 1
device. In the event the procurement contracts developed pursuant to section 14-164o
fail to establish a price level for the purchase, installation and warranty of a closed
crankcase filtration system and either a level 1 device, level 2 device or level 3 device
in each type of full-sized school bus that is equivalent to or less than the grant level for
such emissions control device specified in this section, municipalities and local and
regional boards of education may opt to retrofit their full-sized school buses and continue
to be eligible to receive the grants established in this section;
(2) Develop an outreach plan and materials for educating and notifying municipalities, local and regional boards of education and bus companies about the requirements
of section 14-164o; and
(3) Assist municipalities and local and regional boards of education and bus companies to retrofit their full-sized school buses. Such assistance shall include, but not be
limited to, guidance in choosing whether to retrofit buses with either a level 1 device,
level 2 device or level 3 device.
(b) To receive a reimbursement pursuant to this section, a municipality or local or
regional board of education shall submit a form prescribed by the commissioner to the
Department of Environmental Protection, which shall contain: (1) The school bus model
and year, engine model and year, vehicle identification number and date of installation
for each eligible retrofitted bus, (2) for an eligible bus retrofitted with a level 3 device,
a certification that the bus will operate in the state for not less than three years after the
date of installation of the emission control device, and (3) a receipt for the purchase of
the emission control devices and their installation.
(June Sp. Sess. P.A. 07-4, S. 19.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007.
See Secs. 14-164n, 14-164o re emissions control devices in school buses.
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Sec. 22a-21k. School bus emissions reduction account. There is established the
"school bus emissions reduction account", which shall be a separate, nonlapsing account
within the General Fund. The account shall contain any moneys required by law to be
deposited in the account. The moneys in said account shall be expended by the Department of Environmental Protection for the purposes of the school bus emissions reduction
program established in section 22a-21j. The Department of Environmental Protection
shall not use more than three per cent of the funds in said account for the administration
of said program.
(June Sp. Sess. P.A. 07-4, S. 18.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007.
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Sec. 22a-27g. Environmental Quality Fund. Environmental quality account.
Covered electronic recycler reimbursement account. Electronic device recycling
program account. (a) There is established a fund to be known as the "Environmental
Quality Fund" which shall be held by the Treasurer. Within the Environmental Quality
Fund, there is established and created an account to be known as the "environmental
quality account". The Environmental Quality Fund may include other accounts separate
and apart from the environmental quality account. Notwithstanding any provision of
the general statutes to the contrary, any moneys required by law to be deposited in the
Environmental Quality Fund shall be deposited therein and credited to the environmental
quality account. Any balance remaining in the environmental quality account at the end
of any fiscal year shall be carried forward in the environmental quality account for the
fiscal year next succeeding. The environmental quality account shall be used by the
Department of Environmental Protection for the administration of the central office and
environmental quality programs authorized by the general statutes.
(b) Notwithstanding any provision of the general statutes, on and after July 1, 1990,
the amount of any fee received by the Department of Environmental Protection which
is attributable to the provisions of sections 22a-6, 22a-6d, 22a-27i, 22a-134e, 22a-135,
22a-148, 22a-150, 22a-174, 22a-208a, 22a-342, 22a-363c, 22a-372, 22a-379, 22a-409,
22a-430, 22a-449, 22a-454 to 22a-454c, inclusive, 22a-361 and 26-194, or any regulation adopted or amended pursuant to section 22a-6 or pursuant to any other provision
of this title, shall be deposited directly into the Environmental Quality Fund established
by subsection (a) of this section and credited to the environmental quality account. The
Commissioner of Environmental Protection shall annually certify to the Treasurer, with
respect to each such fee received on and after July 1, 1990, the amount of such fee which
shall be credited to the General Fund.
(c) There is established an account to be known as the "covered electronic recycler
reimbursement account" which shall be a separate, nonlapsing account within the Environmental Quality Fund. The account shall contain any moneys required by law to be
deposited in the account. Moneys in the account shall be expended by the Department
of Environmental Protection for the purpose of reimbursing covered electronic recyclers
for unpaid qualified expenses in accordance with section 22a-631 and any regulations
adopted pursuant to section 22a-638.
(d) There is established an account to be known as the "electronic device recycling
program account" which shall be a separate, nonlapsing account within the Environmental Quality Fund. The account shall contain any moneys required by law to be deposited
in the account. Moneys in the account shall be expended by the Department of Environmental Protection for the purposes of carrying out the provisions of sections 22a-629
to 22a-640, inclusive.
(P.A. 90-231, S. 24, 28; P.A. 91-369, S. 5, 36; P.A. 94-130, S. 1; P.A. 96-145, S. 14; P.A. 04-151, S. 13; 04-222, S. 7;
P.A. 07-189, S. 13.)
History: P.A. 91-369 amended Subsec. (b) to require direct deposit into the fund, where previously moneys were
deposited in general fund but credited to environmental quality fund; P.A. 94-130 in Subsec. (a) eliminated requirement
that fund be held separate and apart from other moneys, funds and accounts and created an "environmental quality account"
within the "Environmental Quality Fund" and in Subsec. (b) clarified that fees environmental fees are deposited in the
environmental quality account; P.A. 96-145 deleted a reference in Subsec. (b) to repealed Sec. 22a-384 and included all
fees under Sec. 22a-361 in the fund; P.A. 04-151 amended Subsec. (b) to delete "to the contrary" and reference to Sec.
22a-174a, effective May 21, 2004; P.A. 04-222 made technical changes and added reference to Sec. 26-194 in Subsec.
(b), effective July 1, 2004; P.A. 07-189 added Subsecs. (c) and (d) creating additional accounts.
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Sec. 22a-27r. Invasive species detection and control account. There is established an account known as the invasive species detection and control account, which
shall be a separate, nonlapsing account within the Conservation Fund. Said account
shall contain any moneys required by law to be deposited therein. Moneys in the account
shall be expended by the Commissioner of Environmental Protection for the purposes
of controlling invasive species, including, but not limited to, employing an invasive
species coordinator, developing an early detection and rapid response policy, educating
the public regarding invasive species, funding Department of Agriculture and Connecticut Agricultural Experiment Station inspectors and making grants to municipalities for
the control of invasive species on publicly accessible land and waters.
(June Sp. Sess. P.A. 07-4, S. 8.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007.
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