Sec. 22a-402. (Formerly Sec. 25-111). Inspection of dams and other structures.
Repair or removal. Notification to owner. Inspection by municipal chief elected
official. Inspection of hydroelectric power generating facility owned by a water
company. Water company notification. Inspection reports. Exemption for dams
licensed by Federal Energy Regulatory Commission. (a) The Commissioner of Environmental Protection shall investigate and inspect or cause to be investigated and inspected all dams or other structures which, in his or her judgment, would, by breaking
away, cause loss of life or property damage. Said commissioner may require any person
owning or having the care and control of any such structure to furnish him or her with
such surveys, plans, descriptions, drawings and other data relating thereto and in such
form and to such reasonable extent as he or she directs. Any person in possession of
such pertinent information shall afford the owner and the commissioner access thereto.
The commissioner shall make or cause to be made such periodic inspections of all such
structures as may be necessary to reasonably insure that they are maintained in a safe
condition. If, after any inspection described herein, the commissioner finds any such
structure to be in an unsafe condition, he or she shall order the person owning or having
control thereof to place it in a safe condition or to remove it and shall fix the time within
which such order shall be carried out. The respondent to such an order shall not be
required to obtain a permit under this chapter or chapter 440 or section 22a-342 or 22a-368 for any action necessary to comply with such order. If such order is not carried out
within the time specified, the commissioner may carry out the actions required by the
order provided the commissioner has determined that an emergency exists which presents a clear and present danger to the public safety and said commissioner shall assess
the costs of such action against the person owning or having care and control of the
structure. When the commissioner in his or her investigation finds that a dam or other
structure should be inspected periodically in order to reduce a potential hazard to life
and property, the owner of such structure shall cause such inspection to be made by a
registered engineer at such intervals as are deemed necessary by the commissioner and
shall submit a copy of the engineer's finding and report to the commissioner for his or
her action. If the commissioner determines as a result of an inspection that maintenance
or repairs to a dam are needed to maintain the dam in a safe condition, the commissioner
shall notify the owner, in writing, of such maintenance or repairs as are necessary and
request the owner to undertake such repairs within the time period specified in the notice.
If the owner does not undertake the necessary maintenance or repairs within the time
period indicated in the notice, the commissioner may proceed to order the owner to
undertake the necessary maintenance or repairs. As used in this chapter, "person" shall
have the same meaning as defined in subsection (c) of section 22a-2 and "water company" shall have the same meaning as defined in section 25-32a. The commissioner
shall cause a certified copy of a final order issued under this section to be recorded on
the land records in the town or towns wherein the dam or such structure is located.
(b) The chief executive official of a municipality or such official's designee may inspect a dam that is: (1) Under the jurisdiction of the commissioner, and (2) located within the boundaries of such municipality when such official or designee reasonably believes that a public safety concern exists. Inspection of any such dam owned or operated by a water company or of a dam that is a hydroelectric generating facility shall be controlled by the provisions of subsection (c) of this section. Such official or designee shall have the right to enter private property, within constitutional limits, to undertake such inspection provided such official or designee shall: (A) Notify the commissioner prior to conducting such inspection, (B) make a reasonable attempt to notify the owner of the dam prior to such inspection, and (C) file a report with the commissioner in accordance with the provisions of subsection (f) of this section.
(c) When the chief executive official of a municipality or such official's designee reasonably believes that a public safety concern exists with a dam that is a hydroelectric power generating facility or is owned or controlled by a water company, such official shall immediately notify the commissioner and shall notify the water company in accordance with subsection (e) of this section. Such official shall not inspect a dam that is a hydroelectric power generating facility or is owned or operated by a water company unless: (1) (A) Such official has reason to believe there is public safety concerning such a dam, (B) such official has notified the commissioner and has reasonably attempted to notify the water company or the owner of the hydroelectric power generating facility pursuant to subsection (e) of this section, and (C) a representative of the water company is not available; (2) a water company official or representative of the hydroelectric power generating facility accompanies such chief executive official or such official's designee; or (3) the water company has granted permission to such official. A report of the inspection shall be filed with the commissioner in accordance with the provisions of subsection (f) of this section.
(d) No provision of subsection (b) or (c) of this section shall restrict the right of a chief elected official or such official's designee to enter upon or inspect water company dams, appurtenances or land under the control or ownership of such municipality.
(e) When notifying a water company or owner of a hydroelectric power generating facility pursuant to subsection (c) of this section, the chief executive official of a municipality or such official's designee shall call the contact number that such water company or facility identifies in any emergency operation plan for such dam on file with the municipality. In the event a water company or hydroelectric power generating facility has not prepared an emergency operation plan for a dam under the ownership or control of such water company or facility, such water company or facility may file an emergency notification contact form with such municipality. Not later than October 1, 2008, the commissioner shall develop such an emergency notification contact form. When such form is filed with the municipality such municipal official shall use the information provided in the form to contact the water company or hydroelectric power generating facility pursuant to this section.
(f) A report of any inspection performed pursuant to subsection (b) or (c) of this section shall be filed with the commissioner within seven days of such inspection, except when an immediate threat to public safety is discovered in which case such report shall be filed with the commissioner immediately.
(g) The provisions of subsections (b) to (f), inclusive, of this section shall not apply to a dam licensed by the Federal Energy Regulatory Commission.
(1949 Rev., S. 4730; 1957, P.A. 364, S. 18; 1963, P.A. 271; 1971, P.A. 872, S. 131; P.A. 78-234, S. 1, 2; P.A. 92-162, S. 11, 25; P.A. 96-145, S. 5; 96-180, S. 80, 166; P.A. 98-209, S. 11; P.A. 07-61, S. 1.)
History: 1963 act required that owner bear responsibility for having dams, etc. which require periodic inspection, in commission's opinion, inspected by a registered engineer; 1971 act replaced references to water resources commission with references to environmental protection commissioner; P.A. 78-234 authorized commissioner to take action if owner has failed to carry out actions ordered where there is danger to public safety and specified that municipalities are to be considered as corporations for purposes of the section; Sec. 25-111 transferred to Sec. 22a-402 in 1983; P.A. 92-162 provided that respondents to certain orders under this section are exempt from permits required under chapter 440 for actions necessary to comply with such orders; P.A. 96-145 provided for a definition of "person" and deleted redundant references to entities subsumed within the definition, deleted obsolete provisions re structures constructed prior to July 1, 1918, and deleted a provision re requests for inspection of dams and an associated fee; P.A. 96-180 changed "Said commissioner" to "The Commissioner of Environmental Protection", effective June 3, 1996; P.A. 98-209 provided that respondents to orders under this section shall not be required to obtain certain permits in order to carry out such orders, provided for recordation of final orders and made a technical change; P.A. 07-61 designated existing provisions as Subsec. (a) and amended same to make technical changes, add provisions re notification and orders by commissioner to owners re unsafe dams and define "water company", and added Subsecs. (b) to (g) re chief executive municipal official inspections of dams and of hydroelectric power generating facilities owned or controlled by water companies and notification procedures to water companies, filing of inspection reports and exemption for dams licensed by the Federal Energy Regulatory Commission.
Inspections required to ensure safety and integrity of dams. Responsible corporate officer doctrine may be used to hold corporate officers liable under section. 282 C. 645.
Chapter Table of Contents)
List of Chapters)
List of Titles)
Sec. 22a-409. (Formerly Sec. 25-118). Survey and maps. Owners recording on
land records. Standardized form. Registration of dams and similar structures.
Inspection of dams by commissioner. (a) The commissioner shall cause a survey and
maps to be made of each town showing the location of any dams or similar structures
within such town, and shall file a copy of such map with the town clerk. On and after
October 1, 2007, the owner of real property where a high hazard or significant hazard
dam is located shall cause to be recorded on the land records in the municipality where
the property is located a document that identifies the existence of the dam and whether
the dam is categorized as a high hazard dam or a significant hazard dam. The commissioner shall publish a standardized form to be used for such purposes.
(b) The owner of any dam or similar structure shall register on or before July 1, 1984, with the Commissioner of Environmental Protection on a form prescribed by him, the location and dimensions of such dam or structure and such other information as the commissioner may require. The fee for registration shall be as follows: (1) Dams or similar structures five feet or more in height but less than fifteen feet, fifty dollars; (2) dams or similar structures fifteen feet or more in height but less than twenty-five feet, one hundred dollars, and (3) dams or similar structures twenty-five feet or more in height, two hundred dollars. Dams or similar structures less than five feet in height shall be registered without fee. As used in this subsection, "height" means the vertical distance from the crest of a dam or similar structure to the downstream toe of such dam or similar structure.
(c) The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section. The fee for such inspection shall be five hundred twenty-five dollars. Any dam which impounds less than three acre-feet of water or any dam which the commissioner finds has a potential for negligible damage in the event of a failure, after an initial inspection, shall be exempt from the provisions of this subsection except upon determination by the commissioner that such dam poses a unique hazard. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing (1) a schedule for the frequency of inspection of dams, (2) the inspection fees for regularly scheduled inspections, sufficient to cover the reasonable cost of such inspections, (3) procedures for registration and criteria for waiver of registration and inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure.
(November, 1955, S. N205; 1957, P.A. 364, S. 20; 1971, P.A. 872, S. 138; June Sp. Sess. P.A. 83-38, S. 1; P.A. 86-30, S. 1, 2; P.A. 90-231, S. 10, 28; P.A. 91-369, S. 16, 36; June 30 Sp. Sess. P.A. 03-6, S. 133; P.A. 07-61, S. 2.)
History: 1971 act replaced water resources commission with commissioner of environmental protection; Sec. 25-118 transferred to Sec. 22a-409 in 1983; June Sp. Sess. P.A. 83-38 clarified that the provisions of the new Subsec. (a) applied to dams and similar structures within a town, added Subsec. (b) requiring the owner of a dam or similar structure to provide certain information concerning such structures to the commissioner of environmental protection by registering with the commissioner by July 1, 1984, and added Subsec. (c) requiring the commissioner of environmental protection to adopt regulations governing the periodic inspection of those dams registered pursuant to Subsec. (b); P.A. 86-30 amended Subsec. (c) by adding exemption for dams with a potential for negligible damage in the case of a failure and requiring the commissioner to adopt regulations re criteria for negligible damage; P.A. 90-231 amended Subsec. (c) to require an inspection fee and provided that on and after July 1, 1992, the fee shall be prescribed by regulations; P.A. 91-369 amended Subsec. (c) to restate commissioner's authority to adopt regulations setting the fees required by this section and to increase inspection fee from $250 to $350; June 30 Sp. Sess. P.A. 03-6 increased registration and inspection fees by 50% in Susecs. (b) and (c), made a technical change in Subsec. (c), and deleted provisions in Subsec. (c) re amount of fees prescribed by regulation, effective August 20, 2003; P.A. 07-61 added provision in Subsec. (a) requiring owner of property where high hazard or significant hazard dam is located to record document identifying its existence on land records and requiring commissioner to publish standardized form.
Chapter Table of Contents)
List of Chapters)
List of Titles)
Sec. 22a-411. General permits for minor activities. Regulations. (a) The commissioner may issue a general permit for any minor activity regulated under sections
22a-401 to 22a-410, inclusive, except for any activity covered by an individual permit,
if the commissioner determines that such activity would cause minimal environmental
effects when conducted separately and would cause only minimal cumulative environmental effects. Such activities may include routine maintenance and routine repair of
any dam, dike, reservoir or other similar structure. Any person conducting an activity
for which a general permit has been issued shall not be required to obtain an individual
permit under sections 22a-36 to 22a-45a, inclusive, or section 22a-342, 22a-368 or 22a-403, except as provided in subsection (c) of this section. A general permit shall clearly
define the activity covered thereby and may include such conditions and requirements
as the commissioner deems appropriate, including but not limited to, management practices and verification and reporting requirements. The general permit may require any
person conducting any activity under the general permit to report, on a form prescribed
by the commissioner, such activity to the commissioner before it shall be covered by
the general permit. The commissioner shall prepare, and shall annually amend, a list of
holders of general permits under this section, which list shall be made available to the
(b) Notwithstanding any other procedures specified in said sections 22a-401 to 22a-410, inclusive, any regulation adopted thereunder, and chapter 54, the commissioner may issue, revoke, suspend or modify a general permit in accordance with the following procedures: (1) The commissioner shall publish in a newspaper having a substantial circulation in the affected area or areas notice of intent to issue a general permit; (2) the commissioner shall allow a comment period of thirty days following publication of such notice during which interested persons may submit written comments to the commissioner and the commissioner shall hold a public hearing if, within said comment period, he receives a petition signed by at least twenty-five persons; (3) the commissioner may not issue the general permit until after the comment period; and (4) the commissioner shall publish notice of any issued permit in a newspaper having substantial circulation in the affected area or areas. Any person may request that the commissioner issue, modify or revoke a general permit in accordance with the provisions of this subsection.
(c) Subsequent to the issuance of a general permit, the commissioner may require any person to obtain an individual permit under the provisions of said sections 22a-401 to 22a-410, inclusive, for all or any portion of the activities covered by the general permit, if in the commissioner's judgment the purposes and policies of said sections would be best served by requiring an application for an individual permit. The commissioner may require an individual permit under this subsection only if the affected person has been notified in writing that an individual permit is required. The notice shall include a brief statement of the reasons for the decision and a statement that upon the date of issuance of such notice the general permit as it applies to the individual activity will terminate.
(d) Any general permit issued under this section shall require that any person intending to conduct an activity covered by such general permit shall, at least sixty days before initiating such activity, give written notice of such intention to the inland wetlands agency, zoning commission, planning commission or combined planning and zoning commission, and conservation commission of any municipality which will or may be affected by such activity, and to the department which shall make such notices available to the public. The general permit shall specify the information which must be contained in the notice. An inland wetlands agency, planning and zoning commission, conservation commission or any person may submit written comments to the commissioner concerning such activity no later than twenty-five days before the date that the activity is proposed to begin.
(e) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section.
(P.A. 91-263, S. 6, 8; P.A. 92-162, S. 18, 25; P.A. 98-209, S. 14; P.A. 07-61, S. 3.)
History: P.A. 92-162 amended Subsec. (d) to provide that any person may submit comments to the commissioner concerning regulated activities permitted under this section prior to commencement of such activities and changed the deadline for such comments from 30 days prior to such commencement to 25 days; P.A. 98-209 amended Subsec. (a) to exempt general permittees from certain other permit requirements, and amended Subsecs. (a), (c) and (d) to make technical changes; P.A. 07-61 deleted provision in Subsec. (a) re construction if structure presents low or negligible safety hazards.
Chapter Table of Contents)
List of Chapters)
List of Titles)