Substitute House Bill No. 6711
          Substitute House Bill No. 6711

              PUBLIC ACT NO. 97-289


AN  ACT CONCERNING  MOSQUITO  CONTROL  AND  AERIAL
APPLICATION OF PESTICIDES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  19a-93  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The    Commissioner   of    [Public    Health]
ENVIRONMENTAL PROTECTION may  make regulations and
orders concerning the  elimination  of  mosquitoes
and    mosquito-breeding    places,    and    said
commissioner  or his  agent  may  enter  upon  any
[swamp,  marsh or]  land,  TIDAL  WETLAND,  INLAND
WETLAND OR WATERCOURSE  to ascertain if mosquitoes
breed  thereon  or   to  survey,  drain,  fill  or
otherwise  treat,  or   make   any  excavation  or
structure necessary to eliminate mosquito breeding
on [,] such  land.  When  funds have been provided
[by voluntary contribution or] by appropriation by
the state for  the  elimination  of  mosquitoes or
mosquito-breeding  places, said  commissioner  may
[order  the  execution]   CONDUCT   OR  CAUSE  THE
CONDUCTING of such  work  [upon  notice  as herein
provided. At least  thirty  days before commencing
such work, said  commissioner shall file a copy of
such order, with  a  description  of  the place or
area affected and a statement of the proposed plan
thereof, in the  town  clerk's office in each town
in which such  place  or  area  is  located.  Said
commissioner shall publish  a  copy  of such order
once each week  for  two  successive weeks in some
newspaper having a  circulation  in  the  town  or
towns in which such place or area is situated, and
shall mail a copy of such notice, postage prepaid,
by registered or certified mail, addressed to each
record owner of land whose name and address may be
ascertained  by  a  reasonable  inquiry  from  the
assessors  of the  town  in  which  such  land  is
situated.   Said  commissioner   may,   and   upon
application of any  person  affected by such order
or   plan,   within   thirty   days   after   such
publication, shall, assess  damages  sustained  by
the owner of  any such land. Such assessment shall
be filed by  said  commissioner  with the clerk of
the  superior  court  for  the  judicial  district
within which the  land  affected  is  located, and
such clerk shall give notice of such assessment to
each such property owner, by mailing to him a copy
of such assessment,  postage  prepaid.  Any person
claiming to be  aggrieved because of such order or
proposed plan or  such  assessment may, within ten
days after notice, apply to the superior court for
the  judicial  district  in  which  such  land  is
situated, or any  judge  thereof,  for relief, and
said court or such judge may, after notice to said
commissioner and the  parties applying for relief,
and  hearing  thereon,   make   any  proper  order
concerning such order  or proposed plan, or make a
reassessment of damages.  Said court or such judge
may view the  land  claimed to be affected by such
order or plan  and may take any evidence which is,
in his opinion,  material.  The  order,  plan  and
assessment  as  hereinbefore   provided  shall  be
conclusive upon all  parties affected thereby, and
the state treasurer  shall  pay  to any such owner
the damages assessed  by  said  commissioner or by
said court or such judge, as the case may be, upon
certification of the  amount  by the clerk of said
court. The pendency  of  any  application  for the
assessment of damages  shall  not prevent or delay
the execution of  the  work for the elimination of
mosquitoes   or  mosquito   breeding.   Upon   the
completion,   to   the    satisfaction   of   said
commissioner, of any  such work, said commissioner
shall  certify to  the  Comptroller,  with  proper
vouchers,  the  amount  of  such  costs,  and  the
Comptroller shall draw  his order on the Treasurer
for the payment  of the same] PROVIDED NO FILLING,
DRAINING, EXCAVATION, INSTALLATION  OR ERECTION OF
ANY STRUCTURE, OR  ANY  OTHER PERMANENT ALTERATION
OF PRIVATE PROPERTY SHALL BE CONDUCTED WITHOUT THE
CONSENT OF THE  LANDOWNER  ON  WHOSE PROPERTY SUCH
WORK IS TO BE CONDUCTED. THE COMMISSIONER MAY TAKE
AND HOLD, BY  PURCHASE, CONDEMNATION OR OTHERWISE,
ANY REAL PROPERTY  OR INTEREST IN REAL PROPERTY AS
HE DETERMINES IS  NECESSARY  TO  ABATE A THREAT OF
DISEASE TO HUMANS  OR ANIMALS FROM INSECT VECTORS.
WHENEVER THE COMMISSIONER  IS UNABLE TO AGREE WITH
THE  OWNER  OF   ANY   SUCH  PROPERTY  AS  TO  THE
COMPENSATION TO BE  PAID  FOR  THE TAKING THEREOF,
THE    COMMISSIONER   MAY    BRING    CONDEMNATION
PROCEEDINGS  IN  ACCORDANCE   WITH  THE  PROCEDURE
PROVIDED  BY  CHAPTER   835  FOR  CONDEMNATION  BY
MUNICIPAL CORPORATIONS GENERALLY.  IN  SUCH  CASE,
THE COURT MAY  PERMIT IMMEDIATE POSSESSION OF SUCH
PROPERTY BY THE  COMMISSIONER  IN  ACCORDANCE WITH
THE PROCEDURE PROVIDED BY SAID CHAPTER 835.
    Sec. 2. Section 19a-94 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    When any [swamp,  marsh or other land has been
drained] WORK HAS  BEEN  CONDUCTED  IN  ACCORDANCE
WITH SECTION 19a-93,  AS  AMENDED  BY SECTION 1 OF
THIS ACT, THAT  IS  SUBJECT to the approval of the
Commissioner  of  [Public   Health]  ENVIRONMENTAL
PROTECTION, said commissioner  shall keep the same
in repair and free from obstruction [and construct
or repair tide  gates]  or  otherwise  treat  such
areas so as  to  make  such  work  effective. Said
commissioner may appoint  one  or  more  agents to
supervise the work  done  under  the provisions of
this section and  section 19a-93, who may exercise
the authority granted  to  said  commissioner. The
expenses of said  commissioner  and said agents in
carrying out the  provisions  of  this section and
section 19a-93 shall  be  paid from funds provided
by   [voluntary  contributions   or   from   funds
appropriated] APPROPRIATIONS by the state for such
purpose.  The  Comptroller  may  advance  to  said
commissioner    such    amounts,     within    the
appropriations therefor, as  are necessary to meet
the current expenses  for  [labor] WORK authorized
under the provisions  of  this section and section
19a-93.  Any  person   obstructing   the  work  of
examining,  surveying  or  ditching  or  otherwise
treating   such   mosquito-breeding    areas,   or
obstructing any ditch,  canal  or  drain,  or  the
natural   outlet   of    any   marsh-forming   and
mosquito-breeding areas, shall  be  fined not more
than one hundred  dollars  or  imprisoned not more
than ninety days or both.
    Sec. 3. Subsection  (a)  of  section 22a-6k of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)   The   Commissioner    of   Environmental
Protection may issue  an  emergency  authorization
for any activity  regulated  by  the  commissioner
under  section 22a-32,  22a-54,  22a-66,  22a-174,
22a-208a,  22a-342,  22a-368,   22a-403,  22a-430,
22a-449 or 22a-454 provided he finds that (1) such
authorization is necessary  to  prevent,  abate or
mitigate an imminent threat to human health or the
environment; and (2)  such  authorization  is  not
inconsistent  with  the  federal  Water  Pollution
Control Act, the  federal  Rivers and Harbors Act,
the federal Clean  Air Act or the federal Resource
Conservation  and  Recovery  Act.  Such  emergency
authorization shall be  limited  by any conditions
the  commissioner deems  necessary  to  adequately
protect human health  and the environment. Summary
suspension of an  emergency  authorization  may be
ordered  in  accordance  with  subsection  (c)  of
section 4-182. The  commissioner  may assess a fee
for an emergency  authorization issued pursuant to
this subsection. Such  fee  shall  be of an amount
equal to the  equivalent  existing  permit fee for
the  activity  authorized.  The  commissioner  may
reduce or waive  the fee required pursuant to this
subsection  if  good   cause  is  shown.  The  fee
required pursuant to this subsection shall be paid
no later than  ten  days after the issuance of the
emergency authorization.
    Sec. 4. Subdivision  (3)  of section 22a-29 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (3)  "Regulated activity"  means  any  of  the
following:  Draining,  dredging,   excavation,  or
removal of soil,  mud,  sand, gravel, aggregate of
any  kind or  rubbish  from  any  wetland  or  the
dumping,  filling or  depositing  thereon  of  any
soil, stones, sand,  gravel, mud, aggregate of any
kind, rubbish or similar material, either directly
or  otherwise, and  the  erection  of  structures,
driving of pilings,  or  placing  of obstructions,
whether or not  changing  the  tidal ebb and flow.
Notwithstanding    the    foregoing,    "regulated
activity" shall not  include  activities conducted
by,  [the  Mosquito   Control   Division   of  the
Department  of  Public   Health]   OR   UNDER  THE
AUTHORITY  OF,  THE  DEPARTMENT  OF  ENVIRONMENTAL
PROTECTION FOR THE  PURPOSES  OF MOSQUITO CONTROL,
conservation activities of the state Department of
Environmental  Protection,  the   construction  or
maintenance  of  aids   to  navigation  which  are
authorized  by  governmental   authority  and  the
emergency decrees of  any  duly  appointed  health
officer of a  municipality  acting  to protect the
public health.
    Sec. 5. Subsection  (a)  of  section 22a-40 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) The following operations and uses shall be
permitted  in wetlands  and  watercourses,  as  of
right:
    (1) Grazing, farming, nurseries, gardening and
harvesting of crops  and farm ponds of three acres
or less essential  to  the  farming operation, AND
ACTIVITIES CONDUCTED BY,  OR  UNDER  THE AUTHORITY
OF, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE PURPOSES OF WETLAND OR WATERCOURSE RESTORATION
OR ENHANCEMENT OR MOSQUITO CONTROL. The provisions
of this subdivision  shall  not  be  construed  to
include  road  construction  or  the  erection  of
buildings  not directly  related  to  the  farming
operation,   relocation   of   watercourses   with
continual flow, filling or reclamation of wetlands
or watercourses with continual flow, clear cutting
of timber except for the expansion of agricultural
crop land, the  mining  of  top  soil, peat, sand,
gravel  or  similar   material  from  wetlands  or
watercourses for the purposes of sale;
    (2)  A  residential   home  (i)  for  which  a
building permit has  been  issued  or  (ii)  on  a
subdivision  lot, provided  the  permit  has  been
issued or the  subdivision  has been approved by a
municipal planning, zoning  or planning and zoning
commission   as   of   the   effective   date   of
promulgation of the municipal regulations pursuant
to subsection (b) of section 22a-42a or as of July
1,  1974,  whichever   is   earlier,  and  further
provided no residential home shall be permitted as
of right pursuant  to  this subdivision unless the
permit was obtained on or before July 1, 1987;
    (3) Boat anchorage or mooring;
    (4)  Uses  incidental  to  the  enjoyment  and
maintenance of residential property, such property
defined as equal  to  or  smaller than the largest
minimum residential lot site permitted anywhere in
the  municipality, provided  in  any  town,  where
there  are  no   zoning  regulations  establishing
minimum residential lot sites, the largest minimum
lot site shall  be two acres. Such incidental uses
shall include maintenance  of  existing structures
and landscaping but  shall  not include removal or
deposition of significant amounts of material from
or onto a  wetland  or watercourse or diversion or
alteration of a watercourse;
    (5)  Construction  and   operation,  by  water
companies  as  defined   in  section  16-1  or  by
municipal water supply  systems as provided for in
chapter  102,  of   dams,   reservoirs  and  other
facilities necessary to  the  impounding,  storage
and withdrawal of  water in connection with public
water  supplies except  as  provided  in  sections
22a-401 and 22a-403; and
    (6) Maintenance relating  to any drainage pipe
which existed before  the  effective  date  of any
municipal regulations adopted  pursuant to section
22a-42a or July  1,  1974,  whichever  is earlier,
provided such pipe  is  on property which is zoned
as  residential  but   which   does   not  contain
hydrophytic  vegetation.  For   purposes  of  this
subdivision, "maintenance" means  the  removal  of
accumulated leaves, soil, and other debris whether
by hand or  machine,  while  the  pipe  remains in
place.
    Sec. 6. Subsection  (e)  of  section 22a-54 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e) The following  provisions shall govern the
certification of aircraft applicators:
    (1) No person  shall  apply, offer to apply or
cause to be applied any pesticide or fertilizer by
aircraft without a certificate or permit issued in
accordance with the provisions of this subsection.
    (2) Upon application  of  any person qualified
to fly an  aircraft,  the commissioner may issue a
certificate for the  application  of pesticides or
fertilizers  by  aircraft.  Application  for  said
certificate shall be  on  forms  provided  by  the
commissioner and shall  be  accompanied  by  a fee
established  by the  commissioner  by  regulations
adopted  in  accordance  with  the  provisions  of
chapter 54 provided the fee shall be not less than
twenty-five dollars.
    (3) The commissioner may issue a permit to the
owner of any  crop or land, or to a representative
designated  by  such  owner,  for  application  of
pesticides or fertilizers  by a certified aircraft
applicator. Application for  said  permit shall be
on forms provided by the commissioner and shall be
accompanied   by  a   fee   established   by   the
commissioner by regulations  adopted in accordance
with the provisions of chapter 54 provided the fee
shall  be  not   less   than   ten   dollars.  THE
COMMISSIONER MAY WAIVE  THE  APPLICATION  FORM AND
FEE REQUIREMENTS IMPOSED  PURSUANT  TO REGULATIONS
ADOPTED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
CHAPTER 54 IN  CIRCUMSTANCES  WHERE APPLICATION OF
BROAD SPECTRUM CHEMICAL PESTICIDES FROM THE AIR IS
NECESSARY TO CONTROL  SPECIFIC  VECTORS  OF  HUMAN
DISEASE WHICH POSE  AN  IMMINENT  THREAT TO PUBLIC
HEALTH. The commissioner may require inspection of
the crop or  area  and  its immediate environs and
approval as follows:
    (A)  For  agricultural  crops,  nurseries  and
orchards,  by  the  director  of  the  Connecticut
Agricultural Experiment Station;
    (B) For rodent  control, woodland spraying and
mosquito control spraying, by the commissioner;
    (C) For control  of  vectors of human disease,
by the Commissioner of Public Health.
    (4) The commissioner  shall designate the kind
and amount of  pesticides  permitted  for  use  by
aircraft.  Permits  for   aircraft   spraying   in
congested areas shall  be  issued  only  with  the
approval  of  the   director   of  health  of  the
municipality  in which  the  operation  is  to  be
conducted  EXCEPT  IN   CIRCUMSTANCES   WHERE  THE
COMMISSIONER DETERMINES THAT  THE  APPLICATION  OF
BROAD SPECTRUM CHEMICAL PESTICIDES FROM THE AIR IS
NECESSARY TO CONTROL  SPECIFIC  VECTORS  OF  HUMAN
DISEASE WHICH POSE  AN  IMMINENT  THREAT TO PUBLIC
HEALTH.
    (5) The commissioner,  with  the advice of the
Commissioner  of Transportation,  may  adopt  such
regulations  as  he   deems   necessary   for  the
protection of public  health,  aquatic  and animal
life and public and private property, governing:
    (A) The type of aircraft to be used;
    (B) The hours  during which aircraft may be so
used;
    (C)  The wind  and  weather  conditions  under
which  aircraft  spraying   or   dusting   may  be
performed;
    (D)  The  minimum   area   on  which  aircraft
spraying or dusting may be done; and
    (E)  The  amount   of   public  liability  and
property damage insurance  to  be  carried  by the
aircraft applicator.
    Sec.  7. (NEW)  The  Connecticut  Agricultural
Experiment Station shall,  in  accordance with the
provisions of chapter 426 of the general statutes,
conduct surveillance and testing for the existence
of   mosquitoes  carrying   the   eastern   equine
encephalitis  virus  in  accordance  with  a  plan
developed and agreed  upon  by the Commissioner of
Environmental  Protection,  the   Commissioner  of
Public Health and  the director of the Connecticut
Agricultural Experiment Station.  Such  plan shall
specify procedures to assure that any expenditures
for surveillance and  testing  shall be reasonable
and  prudent.  The  director  of  the  Connecticut
Agricultural  Experiment  Station  or  any  person
authorized by him  to  implement the provisions of
this section may,  at  any  reasonable time, enter
any public or  private premises in the performance
of his duty.
    Sec.  8.  Section   22a-35a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The Commissioner of  Environmental Protection,
within   available   appropriations    and    bond
authorizations, shall conduct wetlands restoration
and  enhancement  projects,   including   but  not
limited  to,  open   water  marsh  management  and
coastal culvert and  tide  gate  management.  Such
projects    (1)    shall    maximize    successful
recolonization  of tidal  wetland  vegetation  and
long-term control of  mosquitoes,  MOSQUITO LARVAE
and mosquito habitats,  (2)  shall  be  consistent
with the provisions  of sections 22a-28 to 22a-30,
inclusive,  and  sections   22a-90   to   22a-112,
inclusive,  and  (3)   shall  be  consistent  with
preservation, protection and  restoration of tidal
wetland values.
    Sec. 9. This  act  shall  take  effect July 1,
1997.

Approved July 2, 1997