*Cited. 165 C. 687; 170 C. 53; 175 C. 483; 184 C. 51. Secs. 22a-1 to 22a-13 cited. 212 C. 727. Cited. 227 C. 71. No support for economic value test in Environmental Protection Act. 235 C. 448.
Cited. 41 CA 120.
Cited. 41 CS 184.
Sec. 22a-1. Policy of the state.
Sec. 22a-1a. Declaration of policy: Coordination of state plans and programs.
Sec. 22a-1c. Actions which may significantly affect the environment. Definition.
Sec. 22a-1e. Review and determination by Office of Policy and Management.
Sec. 22a-1h. Environmental impact evaluations.
Sec. 22a-1i. Environmental contamination risk assessment by Department of Public Health.
Sec. 22a-2a. Delegation of inspection and enforcement authority. Regulations.
Sec. 22a-2b. “Criminal negligence” defined.
Sec. 22a-2c. Office of Business Ombudsman.
Sec. 22a-3. Divisions. Deputy commissioners.
Sec. 22a-4. Agents, assistants, employees, consultants.
Sec. 22a-5. Duties and powers of commissioner.
Sec. 22a-5a. Orders. Authority of commissioner to investigate.
Sec. 22a-5b. Special funds and accounts administered by the department. Report required.
Sec. 22a-6b. Imposition of civil penalties by the commissioner.
Sec. 22a-6c. Hearing on orders concerning solid waste.
Sec. 22a-6d. Payment of costs associated with hearing and transcript.
Sec. 22a-6e. Imposition of civil penalties by the commissioner for water pollution violations.
Sec. 22a-6f. Fees. Due dates. Late payments. Application. Waiver.
Sec. 22a-6g. Notice of application for permit. Exemptions.
Sec. 22a-6i. Information re time frames for issuance of permits.
Sec. 22a-6j. Renewal of permits.
Sec. 22a-6l. Posting of public notice of permit applications.
Sec. 22a-6m. Compliance history of permit applicants. Criminal history records checks.
Sec. 22a-6n. Notice of commissioner's determination regarding certain regulated activities.
Sec. 22a-6o. Transfer of licenses.
Sec. 22a-6p. Time frames for issuance of permits. Regulations.
Sec. 22a-6q. Alternative time frame for action on permit.
Sec. 22a-6s. Minor violations of environmental protection laws.
Sec. 22a-6v. Report on protected open space acquisition.
Sec. 22a-6w. Notice to municipality of commissioner's enforcement action.
Sec. 22a-6x. Office of Enforcement Policy and Coordination.
Sec. 22a-6y. Exemplary environmental management systems.
Sec. 22a-6aa. Permit extensions.
Sec. 22a-6bb. Petition for public hearing. Withdrawal of petition.
Sec. 22a-6cc. Consulting services program.
Sec. 22a-6dd. Consent orders for remediation of land. Modification.
Sec. 22a-6ee. Ninety-day permit application final determinations.
Sec. 22a-6ff. Permit preapplication meetings.
Sec. 22a-6gg. Maximization of federal funds for state climate change projects. Biennial report.
Sec. 22a-7. Cease and desist orders. Service. Hearings. Injunctions.
Sec. 22a-7a. Bond on appeal from final decision.
Sec. 22a-8. State-wide environmental plan. Advisory board. Annual conference.
Sec. 22a-8a. Commissioner to inventory hazardous waste disposal sites.
Sec. 22a-9. Commissioner as agent of state and political subdivisions.
Sec. 22a-10. Payment of refunds.
Sec. 22a-11. Council on Environmental Quality.
Sec. 22a-12. Environmental quality report. Review of state agency construction plans. Exception.
Sec. 22a-13. Citizen complaints.
Sec. 22a-14. Short title: Environmental Protection Act of 1971.
Sec. 22a-15. Declaration of policy.
Sec. 22a-16. Action for declaratory and equitable relief against unreasonable pollution.
Sec. 22a-17. Defense. Appointment of master or referee.
Sec. 22a-19. Administrative proceedings.
Sec. 22a-19a. Historic structures and landmarks. When court costs assessed against plaintiff.
Sec. 22a-19b. Exception for certain property listed on the state register of historic places.
Sec. 22a-20. Procedure supplementary to other procedures. Intervening party.
Sec. 22a-21a. State assistance related to recreation and park services.
Sec. 22a-21b. Connecticut Conservation Corps.
Sec. 22a-21c. Connecticut Service Corps: Definitions.
Sec. 22a-21d. Connecticut Service Corps established. Project sponsors. Grants.
Sec. 22a-21e. Grant application.
Sec. 22a-21f. Rating system for grant applications.
Sec. 22a-21g. Project eligibility; exceptions.
Sec. 22a-21h. Annual reports by project sponsor and commissioner.
Sec. 22a-21i. Grants for operating costs of Beardsley Zoological Gardens, Bridgeport.
Sec. 22a-21j. School bus emissions reduction program.
Sec. 22a-21k. School bus emissions reduction account.
Sec. 22a-22. (Formerly Sec. 22-7b). Federal aid and agreements.
Sec. 22a-23. (Formerly Sec. 22-7c). Federal funds to be held in separate account.
Sec. 22a-24. (Formerly Sec. 22-7d). Powers additional to those under other statutes.
Sec. 22a-25. (Formerly Sec. 22-7e). Acquisition of land and waters.
Sec. 22a-26a. State-owned properties providing public access to Long Island Sound.
Secs. 22a-27a and 22a-27b. Transferred
Sec. 22a-27c. Transferred
Sec. 22a-27d. Transferred
Sec. 22a-27e. Litter control in parking areas.
Sec. 22a-27f. Specifications of fuels. Report to commissioner.
Sec. 22a-27h. Conservation Fund. Maintenance, repair and improvement account.
Sec. 22a-27i. Fees. Exemption of municipalities.
Sec. 22a-27k. Long Island Sound account.
Sec. 22a-27l. Endangered species, natural area preserve and watchable wildlife account. Regulations.
Sec. 22a-27p. Private funds authorized for renovation of historical structures on state land.
Sec. 22a-27q. Hazard mitigation and floodplain management account.
Sec. 22a-27r. Invasive species detection and control account.
Sec. 22a-27s. Face of Connecticut Steering Committee: Membership, chairperson.
Sec. 22a-27t. Face of Connecticut account.
Sec. 22a-27u. Air emissions permit operating fee account.
Sec. 22a-27v. Long Island Sound account. Habitat restoration matching subaccount.
Sec. 22a-27w. Lease or other authorization to facilitate the preservation of lighthouses.
Sec. 22a-27x. Batterson Park. Memorandum of agreement.
*Secs. 22a-1 to 22a-13 cited. 237 C. 135.
Sec. 22a-1. Policy of the state. The General Assembly finds that the growing population and expanding economy of the state have had a profound impact on the life-sustaining natural environment. The air, water, land and other natural resources, taken for granted since the settlement of the state, are now recognized as finite and precious. It is now understood that human activity must be guided by and in harmony with the system of relationships among the elements of nature. Therefore the General Assembly hereby declares that the policy of the state of Connecticut is to conserve, improve and protect its natural resources and environment and to control air, land and water pollution in order to enhance the health, safety and welfare of the people of the state. It shall further be the policy of the state to improve and coordinate the environmental plans, functions, powers and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations and concerned individuals, and to manage the basic resources of air, land and water to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.
(1971, P.A. 872, S. 1.)
Cited. 184 C. 51; 204 C. 38; Id., 212; 212 C. 727; 227 C. 71; Id., 175; 235 C. 448.
Cited. 12 CA 47; 41 CA 120.
State's alleged failure to conduct an environmental impact evaluation prior to transfer is not a per se violation of statute that would grant plaintiffs standing under Sec. 22a-16. 51 CS 590.
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Sec. 22a-1a. Declaration of policy: Coordination of state plans and programs. (a) In furtherance of and pursuant to sections 22a-1 and 22a-15, the General Assembly, recognizing the profound impact of man's activity on the interrelations of all components of the natural environment, particularly the profound influence of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances, and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the state government, in cooperation with federal and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Connecticut residents.
(b) In order to carry out the policy set forth in sections 22a-1a to 22a-1f, inclusive, it is the continuing responsibility of the state government to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate state plans, functions, programs, and resources to the end that the state may: (1) Fulfill the responsibility of each generation as trustee of the environment for succeeding generations; (2) assure for all residents of the state safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our Connecticut heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice; (5) achieve an ecological balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; (6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources; and (7) practice conservation in the use of energy, maximize the use of energy efficient systems and minimize the environmental impact of energy production and use.
(P.A. 73-562, S. 1, 8; P.A. 77-514, S. 1.)
History: P.A. 77-514 added Subsec. (b)(7) re energy conservation.
Cited. 184 C. 51; 204 C. 38; Id., 212.
Cited. 30 CA 204; 32 CA 341.
State's alleged failure to conduct an environmental impact evaluation prior to transfer is not a per se violation of statute that would grant plaintiffs standing under Sec. 22a-16. 51 CS 590.
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Sec. 22a-1b. Evaluation by state agencies of actions affecting the environment. Public scoping process. Environmental monitor. The General Assembly directs that, to the fullest extent possible:
(a) Each state department, institution or agency shall review its policies and practices to insure that they are consistent with the state's environmental policy as set forth in sections 22a-1 and 22a-1a.
(b) (1) Each sponsoring agency shall, prior to a decision to prepare an environmental impact evaluation pursuant to subsection (c) of this section for an action which may significantly affect the environment, conduct an early public scoping process.
(2) To initiate an early public scoping process, the sponsoring agency shall provide notice on a form that has been approved by the Council on Environmental Quality, which shall include, but not be limited to, the date, time and location of any proposed public scoping meeting and the duration of the public comment period pursuant to subdivision (3) of this subsection, to the council, the Office of Policy and Management and any other state agency whose activities may reasonably be expected to affect or be affected by the proposed action.
(3) Members of the public and any interested state agency representatives may submit comments on the nature and extent of any environmental impacts of the proposed action during the thirty days following the publication of the notice of the early public scoping process pursuant to this section.
(4) A public scoping meeting shall be held at the discretion of the sponsoring agency or if twenty-five persons or an association having not less than twenty-five persons requests such a meeting within ten days of the publication of the notice in the Environmental Monitor. A public scoping meeting shall be held not less than ten days following the notice of the proposed action in the Environmental Monitor. The public comment period shall remain open for at least five days following the meeting.
(5) A sponsoring agency shall provide the following at a public scoping meeting: (A) A description of the proposed action; (B) a description of the purpose and need of the proposed action; (C) a list of the criteria for a site for the proposed action; (D) a list of potential sites for the proposed action; (E) the resources of any proposed site for the proposed action; (F) the environmental limitations of such sites; (G) potential alternatives to the proposed action; and (H) any information the sponsoring agency deems necessary.
(6) Any agency submitting comments or participating in the public scoping meeting pursuant to this section shall include, to the extent practicable, but not be limited to, information about (A) the resources of any proposed site for the proposed action, (B) any plans of the commenting agency that may affect or be affected by the proposed action, (C) any permits or approvals that may be necessary for the proposed action, and (D) any appropriate measures that would mitigate the impact of the proposed action, including, but not limited to, recommendations as to preferred sites for the proposed action or alternatives for the proposed action that have not been identified by the sponsoring agency.
(7) The sponsoring agency shall consider any comments received pursuant to this section or any information obtained during the public scoping meeting in selecting the proposed actions to be addressed in the environmental impact evaluation and shall evaluate in its environmental impact evaluation any substantive issues raised during the early public scoping process that pertain to a proposed action or site or alternative actions or sites.
(c) Each state department, institution or agency responsible for the primary recommendation or initiation of actions which may significantly affect the environment shall in the case of each such proposed action make a detailed written evaluation of its environmental impact before deciding whether to undertake or approve such action. All such environmental impact evaluations shall be detailed statements setting forth the following: (1) A description of the proposed action which shall include, but not be limited to, a description of the purpose and need of the proposed action, and, in the case of a proposed facility, a description of the infrastructure needs of such facility, including, but not limited to, parking, water supply, wastewater treatment and the square footage of the facility; (2) the environmental consequences of the proposed action, including cumulative, direct and indirect effects which might result during and subsequent to the proposed action; (3) any adverse environmental effects which cannot be avoided and irreversible and irretrievable commitments of resources should the proposal be implemented; (4) alternatives to the proposed action, including the alternative of not proceeding with the proposed action and, in the case of a proposed facility, a list of all the sites controlled by or reasonably available to the sponsoring agency that would meet the stated purpose of such facility; (5) an evaluation of the proposed action's consistency and each alternative's consistency with the state plan of conservation and development, an evaluation of each alternative including, to the extent practicable, whether it avoids, minimizes or mitigates environmental impacts, and, where appropriate, a description of detailed mitigation measures proposed to minimize environmental impacts, including, but not limited to, where appropriate, a site plan; (6) an analysis of the short term and long term economic, social and environmental costs and benefits of the proposed action; (7) the effect of the proposed action on the use and conservation of energy resources; and (8) a description of the effects of the proposed action on sacred sites or archaeological sites of state or national importance. In the case of an action which affects existing housing, the evaluation shall also contain a detailed statement analyzing (A) housing consequences of the proposed action, including direct and indirect effects which might result during and subsequent to the proposed action by income group as defined in section 8-37aa and by race, and (B) the consistency of the housing consequences with the state's consolidated plan for housing and community development prepared pursuant to section 8-37t. As used in this section, “sacred sites” and “archaeological sites” have the same meanings as provided in section 10-381.
(d) (1) The Council on Environmental Quality shall publish a document at least once a month to be called the Environmental Monitor which shall include any notices the council receives pursuant to sections 22a-1b to 22a-1i, inclusive, and shall include notice of the opportunity to request a public scoping meeting. Filings of such notices received by five o'clock p.m. on the first day of each month shall be published in the Environmental Monitor that is issued not later than ten days thereafter.
(2) The Council on Environmental Quality shall post the Environmental Monitor on its Internet site and distribute a subscription or a copy of the Environmental Monitor by electronic mail to any state agency, municipality or person upon request. The council shall also provide the Environmental Monitor to the clerk of each municipality for posting in its town hall.
(e) Any state department, institution or agency that conducts an environmental impact evaluation pursuant to subsection (c) of this section may enter into a contract with a person for the preparation of such evaluation, provided such department, institution or agency: (1) Guides such person in the preparation of such evaluation, (2) participates in the preparation of such evaluation, (3) independently reviews such evaluation prior to submitting such evaluation for comment pursuant to section 22a-1d, and (4) assures that any third party responsible for conducting any activity that is the subject of such evaluation is not a party to such contract. Such department, institution or agency may require any such third party responsible for conducting any activity that is the subject of such evaluation to remit a fee to such department, institution or agency in an amount sufficient to pay for the cost of hiring a person to prepare such evaluation in accordance with the provisions of this subsection.
(P.A. 73-562, S. 2, 8; P.A. 77-514, S. 2; P.A. 89-368, S. 15; P.A. 91-228, S. 2; P.A. 99-94, S. 7; P.A. 02-121, S. 1; P.A. 03-123, S. 12; P.A. 10-120, S. 2; P.A. 11-124, S. 6; P.A. 14-122, S. 130.)
History: P.A. 77-514 clarified and extended requirements for written evaluations of environmental impact re proposed actions of state agencies, inserting new Subdivs. (1), (5), (6) and (7) and renumbering others accordingly in Subsec. (b), and deleted Subsec. (c) which was incorporated in new form in Subsec. (b)(6); P.A. 89-368 added Subsec. (b)(8) which requires environmental impact evaluations to include a description of the effects of the proposed action on sacred or archaeological sites; P.A. 91-228 added provisions re content of evaluations of actions which affect existing housing; P.A. 99-94 amended Subsec. (b) by changing “state housing advisory plan” to “long-range state housing plan”; P.A. 02-121 added new Subsec. (b) re early public scoping process, redesignated existing Subsec. (b) as Subsec. (c) and, in said Subsec., amended Subdiv. (1) to list information that must be included in description of the proposed action, amended Subdiv. (2) to add “cumulative”, amended Subdivs. (4) and (5) to require list of all sites that would meet the stated purpose of a proposed facility, evaluation of the proposed actions and each alternative's consistency with the state plan of conservation and development, an evaluation of each alternative, and a site plan where appropriate and amended Subdiv. (8) to make a technical change, and added Subsec. (d) re publication and distribution of the Environmental Monitor; P.A. 03-123 made technical changes in Subsecs. (b), (c)(5) and (d)(1), effective June 26, 2003; P.A. 10-120 added Subsec. (e) to authorize agency conducting environmental impact evaluation to enter into contract for preparation of such evaluation, effective June 7, 2010; P.A. 11-124 amended Subsec. (c) by replacing “long-range state housing plan adopted under” with “state's consolidated plan for housing and community development prepared pursuant to” re Sec. 8-37t; P.A. 14-122 made a technical change in Subsec. (c).
Cited. 184 C. 51; 193 C. 506; 204 C. 38; Id., 212.
Cited. 19 CA 334.
Subsec. (c):
Activities proposed by state actors, but which are ultimately performed by private entities, do not constitute “actions which may significantly affect the environment” requiring environmental impact evaluations under Subsec. 324 C. 362.
At a minimum, in order to trigger the requirement of an environmental impact evaluation under Subsec., there must be at least a proposal for such a planned activity. 51 CS 590.
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Sec. 22a-1c. Actions which may significantly affect the environment. Definition. As used in sections 22a-1 to 22a-1i, inclusive, “actions which may significantly affect the environment” means individual activities or a sequence of planned activities proposed to be undertaken by state departments, institutions or agencies, or funded in whole or in part by the state, which could have a major impact on the state's land, water, air, historic structures and landmarks as defined in section 10-410, existing housing, or other environmental resources, or could serve short term to the disadvantage of long term environmental goals. Such actions shall include but not be limited to new projects and programs of state agencies and new projects supported by state contracts and grants, but shall not include (1) emergency measures undertaken in response to an immediate threat to public health or safety; or (2) activities in which state agency participation is ministerial in nature, involving no exercise of discretion on the part of the state department, institution or agency.
(P.A. 73-562, S. 3, 8; P.A. 77-514, S. 3; P.A. 81-177, S. 1; P.A. 91-228, S. 1; P.A. 02-121, S. 2.)
History: P.A. 77-514 redefined actions which may significantly affect the environment as those defined “for the purposes of section 22a-1b as individual activities or a sequence of planned activities ...” rather than as “projects” and added provision specifically excluding certain actions from consideration as actions significantly affecting the environment; P.A. 81-177 included activities which have impact on historic structures and landmarks as actions which significantly affect the environment; P.A. 91-228 included activities which impact existing housing as actions which affect the environment; P.A. 02-121 applied definition of “actions which may significantly affect the environment” to Secs. 22a-1 to 22a-1i, inclusive, and made technical changes.
Cited. 184 C. 51; 204 C. 38; Id., 212; 227 C. 71.
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Sec. 22a-1d. Review of environmental impact evaluations. Notification to municipalities and agencies. (a) Environmental impact evaluations and a summary thereof, including any negative findings shall be submitted for comment and review to the Council on Environmental Quality, the Department of Energy and Environmental Protection, the Office of Policy and Management, the Department of Housing in the case of a proposed action that affects existing housing, and other appropriate agencies, and to the town clerk of each municipality affected thereby, and shall be made available to the public for inspection and comment at the same time. The sponsoring agency shall publish forthwith a notice of the availability of its environmental impact evaluation and summary in a newspaper of general circulation in the municipality at least once a week for three consecutive weeks and in the Environmental Monitor. The sponsoring agency preparing an environmental impact evaluation shall hold a public hearing on the evaluation if twenty-five persons or an association having not less than twenty-five persons requests such a hearing within ten days of the publication of the notice in the Environmental Monitor.
(b) All comments received by the sponsoring agency and the sponsoring agency's responses to such comments shall be forwarded to the Secretary of the Office of Policy and Management.
(c) All comments and responses so forwarded to the Secretary of the Office of Policy and Management shall be available for public inspection.
(P.A. 73-562, S. 5, 6, 8; P.A. 75-621, S. 1, 2; P.A. 77-514, S. 4; 77-614, S. 19, 610; P.A. 81-177, S. 2; P.A. 91-228, S. 3; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 02-121, S. 3; P.A. 03-123, S. 13; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30; P.A. 11-48, S. 167; 11-80, S. 1; P.A. 13-234, S. 2.)
History: P.A. 75-621 required submission of summary including negative findings as well as evaluations and environmental statements, added town clerks of affected municipalities as recipients of evaluations, summaries, etc. and required publication of notice of availability of evaluations, etc. in Subsec. (a) and deleted Subsec. (d) which had required that evaluations, etc. conform to regulations of environmental protection commissioner; P.A. 77-514 transferred responsibility for publication of availability notice from town clerks to department or agency responsible for preparing evaluation in question, required publication in Connecticut Law Journal as well as in newspaper and added provision re public hearings; P.A. 77-614 replaced state planning council with secretary of the office of policy and management; P.A. 81-177 amended Subsec. (a) by requiring that evaluations be submitted to the historical commission and authorizing a hearing on the finding of no significant environmental impact; P.A. 91-228 amended Subsec. (a) to require that evaluations of actions that affect existing housing be submitted to the department of housing; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 02-121 amended Subsec. (a) to substitute “environmental impact evaluations” for “evaluations required by sections 22a-1a to 22a-1f, inclusive” and for “an evaluation required by section 22a-1b”, substitute “sponsoring agency” for “department, institution or agency responsible for preparing an evaluation” and for “department, institution or agency preparing an evaluation”, replace references to the Connecticut Law Journal with references to the Environmental Monitor, add the Office of Policy and Management to the list of parties to which evaluations shall be submitted and delete provisions re finding that proposed actions shall have no significant environmental impact, and amended Subsec. (b) to substitute “sponsoring agency” for “agency, department or institution preparing the evaluation” and to require the sponsoring agency to forward its responses to comments it receives to the Secretary of the Office of Policy and Management; P.A. 03-123 made a technical change in Subsec. (c), effective June 26, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 11-48 amended Subsec. (a) to delete “the Connecticut Commission on Culture and Tourism”, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; pursuant to P.A. 13-234, reference to Department of Economic and Community Development was changed editorially by the Revisors to reference to Department of Housing in Subsec. (a), effective June 19, 2013.
Cited. 184 C. 51; 204 C. 38; Id., 212.
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Sec. 22a-1e. Review and determination by Office of Policy and Management. The Office of Policy and Management shall review all environmental impact evaluations together with the comments and responses thereon, and shall make a written determination as to whether such evaluation satisfies the requirements of this part and regulations adopted pursuant thereto, which determination shall be made public and forwarded to the agency, department or institution preparing such evaluation. Such determination may require the revision of any evaluation found to be inadequate. Any member of the Office of Policy and Management which has prepared an evaluation and submitted it for review shall not participate in the decision of the office on such evaluation. The sponsoring agency shall take into account all public and agency comments when making its final decision on the proposed action.
(P.A. 73-562, S. 7, 8; P.A. 77-514, S. 6; 77-614, S. 19, 54, 587, 610; P.A. 78-303, S. 85, 136; P.A. 02-121, S. 4.)
History: P.A. 77-514 replaced provision requiring submission of council's recommendations to governor with provision requiring submission of council's determinations to agency which prepared the evaluation in question and added provisions re required revisions and responsible conduct by state council members and evaluating agencies with regard to determinations and actions upon final decisions on proposed projects; P.A. 77-614 and P.A. 78-303 replaced state planning council with office of policy and management; P.A. 02-121 substituted “environmental impact evaluations” for “such evaluations and statements”, substituted “sponsoring agency” for “agency, department or institution preparing the evaluation” and required the Office of Policy and Management to review responses to the evaluations.
Cited. 184 C. 51; 204 C. 38; Id., 212.
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Sec. 22a-1f. Exceptions. (a) Environmental impact evaluations need not be prepared for projects for which environmental statements have previously been prepared pursuant to other state or federal laws or regulations, provided all such statements shall be considered and reviewed as if they were prepared under sections 22a-1a to 22a-1f, inclusive.
(b) Environmental impact evaluations shall not be required for the extension of the project otherwise known as the Connecticut River Interceptor Sewer Project, or a project, as defined in subdivision (16) of section 10a-109c, which involves the conversion of an existing structure for educational rather than office or commercial use.
(c) A constituent unit of the state system of higher education may provide for environmental impact evaluations for any priority higher education facility project, as defined in section 4b-55, or for any higher education project involving an expenditure of not more than two million dollars, by (1) reviewing and filing the evaluation for such project with the Office of Policy and Management for its review pursuant to section 22a-1e, or (2) including such project in a cumulative environmental impact evaluation approved by the Office of Policy and Management.
(d) Notwithstanding section 22a-1b, any environmental impact evaluation completed for proposed improvements for the Rentschler Field Development shall be deemed to include any industrial reinvestment project, as defined in subdivision (8) of subsection (a) of section 32-4m, including, but not limited to, any such planned or proposed project, any segment of such project and any state-certified industrial reinvestment project, as defined in subdivision (12) of subsection (a) of section 32-4m.
(e) Environmental impact evaluations shall not be required for actions in furtherance of the implementation of any approved program, as defined in 15 CFR Part 700, for the construction of nuclear submarines if such approved program has been given the priority rating of DX in accordance with said part on or before the effective date of this section under the United States Department of Defense Defense Priorities and Allocations System.
(P.A. 73-562, S. 4, 8; P.A. 89-353, S. 4, 8; P.A. 91-230, S. 5, 17; P.A. 93-201, S. 10, 24; P.A. 95-230, S. 42, 45; P.A. 97-293, S. 25, 26; P.A. 99-26, S. 6, 39; 99-75, S. 12; June Sp. Sess. P.A. 01-4, S. 54, 58; P.A. 02-121, S. 5; P.A. 03-278, S. 81; P.A. 14-217, S. 226; P.A. 16-81, S. 13; P.A. 18-31, S. 24; 18-85, S. 7.)
History: P.A. 89-353 designated existing provisions as Subsec. (a) and added Subsec. (b) exempting emergency correctional facility project from evaluations requirement; P.A. 91-230 added Subsec. (c) re priority higher education facility projects; P.A. 93-201 amended Subsec. (c) to include any higher education project involving an expenditure of not more than $2,000,000, effective July 1, 1993; P.A. 95-230 amended Subsec. (b) to add UCONN 2000 projects, effective June 7, 1995; P.A. 97-293 made a technical change in Subsec. (b), effective July 1, 1997; P.A. 99-26 amended Subsec. (b) to exempt the Connecticut Juvenile Training School project, effective May 7, 1999; P.A. 99-75 repealed reference to “an emergency correctional facility project” in Subsec. (b); June Sp. Sess. P.A. 01-4 amended Subsec. (b) by adding provision re Connecticut River Interceptor Sewer Project, effective July 1, 2001; P.A. 02-121 substituted “environmental impact evaluations” for “evaluations required by section 22a-1b” in Subsecs. (a) to (c) and substituted “cumulative environmental impact evaluation” for “cumulative environmental assessment” in Subsec. (c); P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003; P.A. 14-217 added Subsec. (d) re environmental impact evaluation completed for proposed improvements for the Rentschler Field Development deemed to include any industrial reinvestment project, effective June 13, 2014; P.A. 16-81 made a technical change in Subsecs. (b) and (c), effective July 1, 2016; P.A. 18-31 amended Subsec. (b) to delete reference to the Connecticut Juvenile Training School project and to make a technical change, effective July 1, 2018; P.A. 18-85 added Subsec. (e) exempting certain nuclear submarine programs from environmental impact evaluations, effective June 6, 2018.
Cited. 184 C. 51; 204 C. 38; Id., 212.
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Sec. 22a-1g. Regulations. Within six months of October 1, 1977, the Commissioner of Energy and Environmental Protection shall adopt regulations to implement the provisions of sections 22a-1a to 22a-1f, inclusive. Such regulations shall include: (1) Specific criteria for determining whether or not a proposed action may significantly affect the environment; (2) provision for enumerating actions or classes of actions which are subject to the requirements of this part; (3) guidelines for the preparation of environmental impact evaluations, including the content, scope and form of the evaluations and the environmental, social and economic factors to be considered in such evaluations; and (4) procedures for timely and thorough state agency and public review and comment on all environmental impact evaluations required by this part and for such other matters as may be needed to assure effective public participation and efficient implementations of this part.
(P.A. 77-514, S. 5; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-1h. Environmental impact evaluations. Until the adoption of regulations in accordance with the provisions of section 22a-1g, each state agency, department and institution shall prepare environmental impact evaluations in accordance with sections 22a-1b, 22a-1c and 22a-1d.
(P.A. 77-514, S. 7.)
Cited. 204 C. 38; Id., 212.
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Sec. 22a-1i. Environmental contamination risk assessment by Department of Public Health. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly denotes otherwise:
(1) “Dose-response assessment” means the quantitative determination of the potency of the toxic agent under study and the incidence of biological effects and disease in humans and biological models.
(2) “Exposure assessment” means the determination of what exposures to the toxic agent under study are anticipated or experienced by the population under study.
(3) “Hazard identification” means the quantitative determination of whether the toxic agent under study can cause adverse effects in individuals or populations under study.
(4) “Risk assessment” means the use of various databases to estimate the human health effects of exposure of individuals or populations to various hazardous substances and situations. The risk assessment process includes, but is not limited to, hazard identification, dose response assessment, exposure assessment and risk characterization. Risk assessment shall not include normal day-to-day activities conducted by state agencies mandated under federal or state laws or regulations. Specifically, activities such as environmental permitting shall not be considered to constitute a risk assessment activity, unless otherwise defined as such in state or federal regulation.
(5) “Risk characterization” means the determination of the estimated population incidence of the adverse effect anticipated following exposure to the toxic agent under study.
(b) The Department of Public Health shall be the lead agency responsible for the risk assessment of human health regarding toxic substances identified in all environmental media, including, but not limited to, food, drinking water, soil and air.
(c) Risk assessments shall be conducted or reviewed by the Department of Public Health after the need for such risk assessments has been established by the state agency responsible for regulation of the given contamination. Such decisions on the need for risk assessments shall be made in consultation with the Department of Public Health. Nothing contained in this section shall hinder or dictate the authority of any state agency to decide when a risk assessment is required.
(P.A. 95-69; 95-257, S. 12, 21, 58.)
History: P.A. 95-257 authorized substitution of Commissioner and Department of Public Health for Commissioner and Department of Public Health and Addiction Services, effective July 1, 1995.
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Sec. 22a-1j. Definitions. State Historic Preservation Officer determination re actions which may significantly affect the environment. Proposal of alternative. Mitigation plan. Review by Commissioner of Economic and Community Development. (a) As used in this section:
(1) “Actions which may significantly affect the environment” has the same meaning as provided in section 22a-1c, but does not include any action that (A) is a major federal action under the National Environmental Policy Act, 42 USC 4321 et seq., as amended from time to time, (B) is an undertaking under the National Historic Preservation Act, 54 USC 300101 et seq., as amended from time to time, (C) affects an archaeological site, or (D) affects a sacred site;
(2) “Archaeological site” has the same meaning as provided in section 10-381;
(3) “Historic structures and landmarks” has the same meaning as provided in section 10-410;
(4) “Sacred site” has the same meaning as provided in section 10-381;
(5) “Sponsoring agency” has the same meaning as described in sections 22a-1 to 22a-1h, inclusive;
(6) “State entity” means a state department, institution or agency under sections 22a-1 to 22a-1h, inclusive;
(7) “State funding recipient” means any person that receives funds from the state to be used for an activity or a sequence of planned activities that are subject to the process established by sections 22a-1 to 22a-1h, inclusive; and
(8) “State Historic Preservation Officer” means the individual appointed by the Governor pursuant to 54 USC 302301(1), as amended from time to time, to administer the state historic preservation program in accordance with 54 USC 302303, as amended from time to time.
(b) Whenever a sponsoring agency requests an initial determination from the State Historic Preservation Officer, in accordance with sections 22a-1 to 22a-1h, inclusive, as to whether an individual activity or a sequence of planned activities proposed to be undertaken by the sponsoring agency, a state entity or a state funding recipient, as applicable, is within the category of actions which may significantly affect the environment because such activity or sequence of activities could have an impact on the state's historic structures and landmarks, the officer shall:
(1) In making such initial determination, consider all information provided by the sponsoring agency, state entity or state funding recipient, as applicable; and
(2) Make such initial determination not later than thirty days after the officer receives information the officer deems reasonably necessary to make such initial determination.
(c) If the State Historic Preservation Officer makes an initial determination that such individual activity or sequence of planned activities will not have any effect on historic structures and landmarks, or is not within the category of actions which may significantly affect the environment because such activity or sequence of activities will not have an impact on historic structures and landmarks, the officer shall provide such determination in writing to the sponsoring agency, state entity or state funding recipient, as applicable. Such written determination shall constitute a final determination by the officer for the purposes of this section.
(d) (1) If the State Historic Preservation Officer makes an initial determination that such individual activity or sequence of planned activities will have an effect on historic structures and landmarks, or is within the category of actions which may significantly affect the environment because such activity or sequence of activities will have an impact on historic structures and landmarks, the officer shall, in collaboration with the sponsoring agency, state entity or state funding recipient, as applicable, propose a prudent or feasible alternative to such individual activity or sequence of planned activities to avoid such impact, if such alternative is possible.
(2) If the State Historic Preservation Officer and the sponsoring agency, state entity or state funding recipient, as applicable, reach an agreement regarding such alternative, the officer shall provide to such sponsoring agency, state entity or state funding recipient, as applicable, a written determination that such alternative (A) will not have any effect on historic structures and landmarks, or (B) is not within the category of actions which may significantly affect the environment because such activity or sequence of activities will not have an impact on historic structures and landmarks. Such written determination shall constitute a final determination by the officer for the purposes of this section.
(3) (A) If the State Historic Preservation Officer and the sponsoring agency, state entity or state funding recipient, as applicable, cannot reach an agreement regarding such alternative, the officer shall provide to such sponsoring agency, state entity or state funding recipient, as applicable, a written determination that such individual activity or sequence of planned activities (i) will have an effect on historic structures and landmarks, or (ii) is within the category of actions which may significantly affect the environment because such activity or sequence of activities will have an impact on historic structures and landmarks.
(B) (i) Notwithstanding subsection (c) of section 22a-1b, after the State Historic Preservation Officer provides a written determination under subparagraph (A) of this subdivision, the officer shall, in collaboration with the sponsoring agency, state entity or state funding recipient, as applicable, propose a mitigation plan requiring such sponsoring agency, state entity or state funding recipient, as applicable, to mitigate such impact.
(ii) The sponsoring agency, state entity or state funding recipient, as applicable, shall, to the extent possible, submit to the State Historic Preservation Officer all pertinent information regarding such individual activity or sequence of planned activities that may affect such mitigation plan. Such information shall be considered by the officer in the development of the mitigation plan.
(iii) In establishing the mitigation plan, the State Historic Preservation Officer shall consult with the Commissioner of Economic and Community Development, or the commissioner's designee, about the economic impact of (I) the individual activity or sequence of planned activities proposed to be undertaken by the sponsoring agency, state entity or state funding recipient, as applicable, and (II) the mitigation plan. Any information provided by the commissioner during such consultation shall be considered by the officer in the development of the mitigation plan.
(iv) Not later than forty-five days after the State Historic Preservation Officer receives the information submitted under subparagraph (B)(ii) of this subdivision, the officer shall memorialize the mitigation plan in a proposed mitigation agreement that may be executed by the sponsoring agency, state entity or state funding recipient, as applicable. If the sponsoring agency, state entity or state funding recipient, as applicable, executes such proposed mitigation agreement, the officer shall also execute such proposed mitigation agreement. The execution of such mitigation agreement shall constitute (I) a determination by the officer that the officer is satisfied the effect on historic structures and landmarks will be mitigated pursuant to the terms of such mitigation agreement, and (II) a final determination by the officer for the purposes of this section.
(v) At the time the State Historic Preservation Officer provides the mitigation agreement proposed under subparagraph (B)(iv) of this subdivision to the sponsoring agency, state entity or state funding recipient, as applicable, the officer shall notify such sponsoring agency, state entity or state funding recipient, as applicable, that a request may be submitted in accordance with the provisions of subdivision (1) of subsection (e) of this section to the Commissioner of Economic and Community Development to review such proposed mitigation agreement.
(e) (1) If the sponsoring agency, state entity or state funding recipient, as applicable, declines to execute the mitigation agreement proposed under subparagraph (B)(iv) of subdivision (3) of subsection (d) of this section, such sponsoring agency, state entity or state funding recipient, as applicable, may submit, not later than fifteen days after the State Historic Preservation Officer provides such proposed mitigation agreement to such sponsoring agency, state entity or state funding recipient, as applicable, a request to the Commissioner of Economic and Community Development to review the proposed mitigation agreement and make recommendations to revise such proposed mitigation agreement. Such request shall be in the form and manner prescribed by the commissioner and may include a request for a conference with the commissioner, the officer, the sponsoring agency, the state entity or the state funding recipient, as applicable, and any other interested party.
(2) (A) Not later than thirty days after receiving such request, the commissioner shall (i) if such conference was requested, hold such conference, and (ii) make recommendations, if any, for revisions to the proposed mitigation agreement. If such revisions are recommended, the commissioner's review pursuant to this subsection shall be concluded and the State Historic Preservation Officer shall include such revisions in a revised mitigation agreement. Such revised mitigation agreement may be executed by the sponsoring agency, state entity or state funding recipient, as applicable. If the sponsoring agency, state entity or state funding recipient, as applicable, executes such revised mitigation agreement, the officer shall also execute such revised mitigation agreement. The execution of such revised mitigation agreement shall constitute (I) a determination by the officer that the officer is satisfied the effect on historic structures and landmarks will be mitigated pursuant to the terms of such revised mitigation agreement, and (II) a final determination by the officer for the purposes of this section.
(B) If the commissioner makes no recommendations for revisions to the mitigation agreement, the commissioner's review pursuant to this subsection shall be concluded. The sponsoring agency, state entity or state funding recipient, as applicable, may subsequently elect to execute the mitigation agreement proposed by the State Historic Preservation Officer under subparagraph (B)(iv) of subdivision (3) of subsection (d) of this section. If the sponsoring agency, state entity or state funding recipient, as applicable, executes such proposed mitigation agreement, the officer shall also execute such proposed mitigation agreement. The execution of such mitigation agreement shall constitute (i) a determination by the officer that the officer is satisfied the effect on historic structures and landmarks will be mitigated pursuant to the terms of such mitigation agreement, and (ii) a final determination by the officer for the purposes of this section.
(f) If the State Historic Preservation Officer proposes a mitigation plan pursuant to subparagraph (B)(i) of subdivision (3) of subsection (d) of this section but a mitigation agreement is not executed, the sponsoring agency shall conduct an early public scoping process in accordance with subsection (b) of section 22a-1b.
(g) Not later than January first, annually, the State Historic Preservation Officer shall post on the Department of Economic and Community Development's Internet web site all mitigation agreements executed during the preceding fiscal year.
(June Sp. Sess. P.A. 24-1, S. 43.)
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*Secs. 22a-1 to 22a-13 cited. 237 C. 135.
Sec. 22a-2. Definitions. Commissioner of Energy and Environmental Protection. Permitted delegations of authority. (a) As used in this title and chapters 263, 268, 348, 360, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where otherwise provided, “commissioner” means the Commissioner of Energy and Environmental Protection or his or her designated agent. The Commissioner of Energy and Environmental Protection shall have the authority to designate as his or her agent (1) any deputy commissioner to exercise all or part of the authority, powers and duties of said commissioner in his or her absence, (2) any deputy commissioner or any employee, assistant or agent employed pursuant to section 22a-4 to exercise such authority of the Commissioner of Energy and Environmental Protection as he or she delegates for the administration or enforcement of any applicable statute, regulation, permit or order, (3) the Commissioner of Emergency Services and Public Protection and any local air pollution control official or agency to exercise such authority as the Commissioner of Energy and Environmental Protection delegates for the enforcement of any applicable statute, regulation, order or permit pertaining to air pollution, except the authority to render a final decision, after a hearing, assessing a civil penalty under said section 22a-6b, and (4) any municipal police department the authority to enforce the provisions of chapters 268 and 490.
(b) As used in this chapter, and chapters 263, 268, 348, 360, 440, 446d, 446i, 446k, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where otherwise provided, “person” means any individual, firm, partnership, association, syndicate, company, trust, corporation, nonstock corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, or other legal entity of any kind.
(1971, P.A. 872, S. 2; P.A. 73-665, S. 5, 17; P.A. 74-187, S. 4; P.A. 75-441, S. 1, 2; P.A. 77-41, S. 1, 2; 77-614, S. 486, 610; P.A. 89-224, S. 11, 22; P.A. 90-173, S. 7; 90-230, S. 32, 101; P.A. 92-162, S. 1, 25; P.A. 93-428, S. 32, 39; P.A. 95-79, S. 90, 189; P.A. 11-51, S. 134; 11-80, S. 55; P.A. 17-214, S. 15.)
History: P.A. 73-665 added Subsecs. (b) and (c) defining “commissioner” and “person” and setting forth list of those who may serve as commissioner's agents; P.A. 74-187 added references to chapter 440 in Subsecs. (b) and (c); P.A. 75-441 added Subsec. (b)(4) authorizing municipal police departments to serve as commissioner's agents in enforcing chapters 268 and 490; P.A. 77-41 authorized deputy commissioners to act for commissioner under Subsec. (b)(2); P.A. 77-614 substituted commissioner of public safety for commissioner of state police in Subsec. (b), effective January 1, 1979; P.A. 89-224 added references to chapter 495; P.A. 90-173 and 90-230 corrected internal references in Subsecs. (b) and (c); P.A. 92-162 amended Subsec. (b) to apply the definition of commissioner throughout title 22a; P.A. 93-428 deleted provision disallowing delegation of authority of the commissioner to render a final decision assessing administrative civil penalties, effective July 1, 1993; P.A. 95-79 amended Subsec. (c) to redefine “person” to include a limited liability company, effective May 31, 1995; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 11-80 deleted former Subsec. (a) re establishment of Department of Environmental Protection, redesignated existing Subsecs. (b) and (c) as Subsecs. (a) and (b), changed “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection” and made technical changes, effective July 1, 2011; P.A. 17-214 amended Subsec. (b) by adding “nonstock corporation,”, effective July 1, 2017.
See Sec. 7-136h re preliminary review of municipal petitions, applications or permit requests.
Cited. 204 C. 38; Id., 212; 226 C. 737.
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Sec. 22a-2a. Delegation of inspection and enforcement authority. Regulations. (a) The Commissioner of Energy and Environmental Protection may designate as his agent any state or regional agency, municipality, or public water utility operated by a municipality or other political subdivision of the state or employee thereof and delegate to such agent the authority to inspect in connection with the enforcement of or to enforce any of the provisions of chapters 246, 247, 248, 255 and 268, sections 22a-28 to 22a-35, inclusive, subsection (c) of section 22a-66a, section 22a-123, sections 22a-207 to 22a-219, inclusive, section 22a-250, sections 22a-359 to 22a-361, inclusive, chapters 442, 446c and 446k, title 23, title 26, sections 29-28, 29-35, 29-38, 53-134, 53-190, 53-191, 53-194, 53-203, 53-204, 53-205, 53a-59 to 53a-64, inclusive, and 53a-100 to 53a-117, inclusive, subsection (b) of section 53a-119b, sections 53a-122 to 53a-125, inclusive, 53a-130, 53a-133 to 53a-136, inclusive, 53a-147 to 53a-149, inclusive, 53a-157b, 53a-165 to 53a-167c, inclusive, 53a-171, 53a-181 to 53a-183, inclusive, 54-33d, 54-33e and subsection (b) of section 22a-134p or any regulation, permit or order issued pursuant thereto, except the authority to render a final decision, after a hearing, assessing a civil penalty in accordance with the provisions of section 22a-6b. Any designation of authority by the commissioner shall be with the consent of such state or regional agency, municipality or public water utility operated by a municipality or other political subdivision of the state. Delegation of authority to an agent of such a public water utility shall be limited to inspection authority and such delegation shall include provision for training of inspectors, in a manner specified by the Commissioner of Energy and Environmental Protection. The expense for such training shall be borne by the designated public water utility seeking such designation.
(b) The Commissioner of Energy and Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 and this section setting forth the scope of any delegation and any authority not specifically included shall be deemed not to have been delegated. The regulations shall include but not be limited to: (1) Procedures for requesting and accepting any delegation; (2) qualifications and standards of conduct for a designee; (3) training and reporting requirements for a designee; (4) the time period during which any delegation shall be valid and a renewal period; (5) procedures for review of the performance of a designee and for revocation of a delegation; (6) procedures for review and assessment of the benefits and liabilities to the Department of Energy and Environmental Protection of delegation including analysis of the administrative and financial costs; and (7) criteria and procedures for appeal to the Commissioner of Energy and Environmental Protection of any decision by a designee acting within the scope of the delegation.
(c) Prior to adoption of such regulations, the Commissioner of Energy and Environmental Protection shall consider: (1) Whether a potential designee has or can obtain knowledge and training to carry out the delegated authority; (2) whether the delegated authority is within the jurisdiction of a potential designee pursuant to any other statute, regulation or local ordinance; and (3) whether a potential designee has the financial and administrative capacity to carry out the delegation.
(d) Notwithstanding any delegation of authority pursuant to this section, the Commissioner of Energy and Environmental Protection shall retain authority to act under the provisions of said sections and any decision by the commissioner shall preempt the decision of a designee.
(P.A. 83-237; 83-587, S. 77, 96; P.A. 85-116; 85-392, S. 3, 5; 85-613, S. 127; P.A. 88-247, S. 5; P.A. 89-209, S. 3; P.A. 91-263, S. 7, 8; P.A. 11-80, S. 1.)
History: P.A. 83-587 made technical change; P.A. 85-116 authorized the commissioner to delegate authority to inspect and to enforce statutory provisions re conservation; P.A. 85-392 amended Subsec. (a) to authorize delegation of noise pollution control; P.A. 85-613 made technical changes in list of cited sections under Subsec. (a); P.A. 88-247 amended Subsec. (a) to authorize delegation of Sec. 22a-66a(c), concerning posting of signs notifying the public of the application of pesticides; P.A. 89-209 amended Subsec. (a) to authorize commissioner to delegate inspection and enforcement of regulations re storage of hazardous substances near a water course by adding reference to Sec. 22a-134p; P.A. 91-263 amended Subsec. (a) to authorize public water utilities to act as commissioner's agent and to provide for related training for agents of such utilities; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-2b. “Criminal negligence” defined. For purposes of this title, “criminal negligence” has the same meaning as provided in subdivision (14) of section 53a-3.
(P.A. 90-247, S. 7; P.A. 14-122, S. 131.)
History: P.A. 14-122 made technical changes.
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Sec. 22a-2c. Office of Business Ombudsman. There is established within the Department of Energy and Environmental Protection the Office of Business Ombudsman. Such office shall provide information to businesses on environmental programs and requirements, including information on permits, and shall coordinate and serve as a liaison between the department and programs affecting businesses.
(P.A. 91-376, S. 6, 10; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-2d. Department of Energy and Environmental Protection. Jurisdiction. Goals. Public Utilities Regulatory Authority. Commissioner. Bureaus. Successor department. (a) There is established a Department of Energy and Environmental Protection, which shall have jurisdiction relating to the preservation and protection of the air, water and other natural resources of the state, energy and policy planning and regulation and advancement of telecommunications and related technology. For the purposes of energy policy and regulation, the department shall have the following goals: (1) Reducing rates and decreasing costs for Connecticut's ratepayers, (2) ensuring the reliability and safety of our state's energy supply, (3) increasing the use of clean energy and technologies that support clean energy, and (4) developing the state's energy-related economy. For the purpose of environmental protection and regulation, the department shall have the following goals: (A) Conserving, improving and protecting the natural resources and environment of the state, and (B) preserving the natural environment while fostering sustainable development. The Public Utilities Regulatory Authority within the department shall be responsible for all matters of rate regulation for public utilities and regulated entities under title 16 and shall promote policies that will lead to just and reasonable utility rates. The department head shall be the Commissioner of Energy and Environmental Protection who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, with the powers and duties therein prescribed. The Department of Energy and Environmental Protection shall establish bureaus, one of which shall be designated an energy bureau.
(b) The Department of Energy and Environmental Protection shall constitute a successor department to the Department of Environmental Protection and the Department of Public Utility Control in accordance with the provisions of sections 4-38d, 4-38e and 4-39.
(P.A. 11-80, S. 1; P.A. 13-5, S. 49; 13-78, S. 12; 13-205, S. 12; 13-209, S. 14; 13-234, S. 65; 13-299, S. 19; 13-308, S. 14, 15.)
History: P.A. 11-80 effective July 1, 2011; P.A. 13-5 amended Subsecs. (c) to (h) by making technical changes, effective May 8, 2013; P.A. 13-78 amended Subsecs. (d) and (e) by making technical changes, effective June 5, 2013; P.A. 13-205 amended Subsec. (c) by deleting reference to Sec. 22a-156; P.A. 13-209 amended Subsec. (c) by deleting references to Secs. 22a-174l, 22a-174m, 22a-201a, 22a-201b, 22a-213a, 22a-240, and 22a-255c, amended Subsec. (d) by deleting reference to Sec. 22a-174l, amended Subsec. (e) by deleting reference to Secs. 16-246g and 22a-174l, and amended Subsec. (i) by deleting reference to Sec. 16-246g; P.A. 13-234 amended Subsec. (e) by deleting reference to Sec. 16a-40k, effective July 1, 2013; P.A. 13-299 deleted former Subsecs. (c) to (m) re substitution of terms in provisions citing agencies consolidated into Department of Energy and Environmental Protection and renaming of the Clean Energy Fund, and allowing the Legislative Commissioners' Office to codify provisions and make technical changes, effective July 1, 2013; P.A. 13-308 amended Subsecs. (c) and (d) by deleting references to Sec. 32-9dd, effective July 1, 2013.
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Sec. 22a-3. Divisions. Deputy commissioners. Section 22a-3 is repealed.
(1971, P.A. 872, S. 4; P.A. 77-614, S. 609, 610.)
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Sec. 22a-4. Agents, assistants, employees, consultants. The commissioner may, subject to the provisions of chapter 67, employ such agents, assistants and employees as he deems necessary to carry out his duties and responsibilities. He may retain and employ other consultants and assistants on a contract or other basis for rendering legal, financial, technical or other assistance and advice.
(1971, P.A. 872, S. 5.)
Cited. 204 C. 38; Id., 212.
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Sec. 22a-5. Duties and powers of commissioner. The commissioner shall carry out the energy and environmental policies of the state and shall have all powers necessary and convenient to faithfully discharge this duty. In addition to and consistent with the environment policy of the state, the commissioner shall (1) promote and coordinate management of water, land and air resources to assure their protection, enhancement and proper allocation and utilization; (2) provide for the protection and management of plants, trees, fish, shellfish, wildlife and other animal life of all types, including the preservation of endangered species; (3) provide for the protection, enhancement and management of the public forests, parks, open spaces and natural area preserves; (4) provide for the protection, enhancement and management of inland, marine and coastal water resources, including, but not limited to, wetlands, rivers, estuaries and shorelines; (5) provide for the prevention and abatement of all water, land and air pollution including, but not limited to, that related to particulates, gases, dust, vapors, noise, radiation, odors, nutrients and cooled or heated liquids, gases and solids; (6) provide for control of pests and regulate the use, storage and disposal of pesticides and other chemicals which may be harmful to man, sea life, animals, plant life or natural resources; (7) regulate the disposal of solid waste and liquid waste, including but not limited to, domestic and industrial refuse, junk motor vehicles, litter and debris, which methods shall be consistent with sound health, scenic environmental quality and land use practices; (8) regulate the storage, handling and transportation of solids, liquids and gases which may cause or contribute to pollution; (9) provide for minimum state-wide standards for the mining, extraction, excavation or removal of earth materials of all types; (10) develop a comprehensive energy plan for the state; (11) transition the state to cleaner, more diverse and sustainable sources of energy; and (12) create opportunities for innovation and technological advances in conserving energy and reducing costs.
(1971, P.A. 872, S. 6; P.A. 11-80, S. 56.)
History: P.A. 11-80 added requirement that commissioner carry out the energy policies of the state, made technical changes and added Subdiv. (10) re development of a comprehensive energy plan for the state, Subdiv. (11) re transition to cleaner, more diverse and sustainable sources of energy and Subdiv. (12) re creation of opportunities for innovation and technological advances in conserving energy and reducing costs, effective July 1, 2011.
Cited. 204 C. 38; Id., 212; 226 C. 737; 227 C. 545; 238 C. 216.
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Sec. 22a-5a. Orders. Authority of commissioner to investigate. Except as otherwise provided, whenever any section in this title authorizes the commissioner to order a person to abate, correct or remedy any violation, condition, pollution or potential source of pollution, such order may require investigation, study, data gathering or monitoring as the commissioner deems appropriate to assure that the violation, condition or pollution is abated, corrected or remedied.
(P.A. 90-247, S. 5.)
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Sec. 22a-5b. Special funds and accounts administered by the department. Report required. On or before February fifteenth, annually, the Commissioner of Energy and Environmental Protection shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, through the legislative Office of Fiscal Analysis. The report shall set forth, for the current and the ensuing fiscal year, the estimated expenditure requirements and estimated revenue for each special fund or special account administered by the Department of Energy and Environmental Protection. The report shall also set forth, for such fiscal years, for each program which receives funds from a special fund or account: The number of positions funded by such fund or account, the estimated expenditures for personal services, other expenses and equipment, and estimated revenue.
(June Sp. Sess. P.A. 91-10, S. 14, 20; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-5c. Filing of orders on land records. Fifteen-year limit for certain orders. Discharge of lien. Procedure. (a) When an order issued by the Commissioner of Energy and Environmental Protection to any person pursuant to section 22a-6, 22a-6b, 22a-7, 22a-108 or 22a-363f to correct, abate or penalize any violation of section 22a-32, 22a-92 or 22a-361 or any certificate or permit issued under section 22a-6, 22a-6b, 22a-7, 22a-32, 22a-92, 22a-108, 22a-361 or 22a-363f becomes final, the commissioner shall cause a certified copy or notice of the final order to be filed on the land records in the town in which the land is located. Such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order is complied with or revoked, the commissioner shall issue a certificate showing such compliance or revocation, which certificate the commissioner shall cause to be recorded on the land records in the town in which the order was previously recorded. A certified copy of the certificate showing such compliance or revocation shall be sent to the owner at the owner's last-known post office address.
(b) No order issued by the Commissioner of Energy and Environmental Protection pursuant to section 22a-6b shall continue in force for a longer period than fifteen years after the order has been issued unless the commissioner has taken judicial action to enforce such order. Any order for which the commissioner has not taken judicial action shall be invalid and discharged as a matter of law after the expiration of the fifteen-year period.
(c) Notwithstanding any provision of this title, any person that has an interest in any real property described in any certificate of lien, for which lien the Department of Energy and Environmental Protection is the lien holder and satisfaction of relevant conditions was made but discharge has not occurred, may give written notice to such department by registered mail or by certified mail, postage prepaid, return receipt requested, for a request to discharge such lien. Not later than sixty days after receipt of such notice, such department shall discharge such lien by mailing, by certified mail, return receipt requested, a release that meets the requirements of subsection (b) of section 52-380d to the person making such request and to any municipality where such lien is recorded.
(P.A. 01-118, S. 1; P.A. 11-80, S. 1; P.A. 13-179, S. 14; P.A. 24-42, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-179 designated existing provisions as Subsec. (a) and added Subsec. (b) re fifteen-year limit for orders issued pursuant to Sec. 22a-6b unless such order is judicially enforced; P.A. 24-42 added Subsec. (c) re discharge of lien procedures, effective May 21, 2024.
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Sec. 22a-5d. Improvements upon real property donated to the department. Standard of maintenance. Economic impracticability. Any improvement upon real property that is donated to the Department of Energy and Environmental Protection shall be maintained by the department in a safe, sanitary and secure condition that is, at a minimum, equivalent to the condition of such improvement at the time of such donation. In the event that the cost of such maintenance becomes economically impracticable for said department, the department shall raze such structure and restore the real property to its natural condition.
(P.A. 13-83, S. 11.)
History: P.A. 13-83 effective June 5, 2013.
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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. Fee waivers. Public notices on department's Internet web site. (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 the department's 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 the department. 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 the department; (4) in accordance with regulations adopted by the department, require, issue, renew, revoke, modify or deny permits, under such conditions as the commissioner may prescribe, governing all sources of pollution in Connecticut within the department's 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 the department 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 the commissioner 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 the department, 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 and the Nuclear Regulatory Commission 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 the commissioner 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 the department's control and management, make or contract for the making of any alteration, repair or addition to any other real asset under the department's 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 Administrative Services, make or contract for the making of any alteration, repair or addition to such other real asset under the department's 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 Energy and 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 the 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 Energy and 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 Energy and 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 Energy and 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.
(i) Notwithstanding the provisions of subsection (a) of this section, no person shall be required to pay any fee established by the commissioner pursuant to section 22a-133x, 22a-133aa, 22a-134a or 22a-134e for any new or pending application, provided such person has received financial assistance from any department, institution, agency or authority of the state for the purpose of investigation or remediation, or both, of a brownfield, as defined in section 32-760, and such activity would otherwise require a fee to be paid to the commissioner for the activity conducted with such financial assistance.
(j) Notwithstanding the provisions of subsection (a) of this section, no department, institution, agency or authority of the state or the state system of higher education shall be required to pay any fee established by the commissioner pursuant to section 22a-133x, 22a-133aa, 22a-134a or 22a-134e for any new or pending application, provided such division of the state is conducting an investigation or remediation, or both, of a brownfield, as defined in section 32-760, and siting a state facility on such brownfield site.
(k) Notwithstanding the provisions of subsection (a) of this section, no person shall be required to pay any fee associated with a brownfield, as defined in section 32-760, due to the commissioner resulting from the actions of another party prior to their acquisition of such brownfield, provided such person intends to investigate and remediate such brownfield.
(l) Notwithstanding any provision of this title, for any required newspaper publication of public notice concerning a tentative determination on a permit, the Commissioner of Energy and Environmental Protection may provide such public notice on the Internet web site of the Department of Energy and Environmental Protection provided: (1) Such public notice shall remain posted on such Internet web site for the duration of the entire applicable public notice period, and (2) the applicable date and time and nature of the opportunity for public participation shall concomitantly be published with a minimum one-sixteenth page advertisement in a newspaper having a general circulation in the area affected. Such advertisement shall include the Internet web site address where the details of the public notification can be ascertained.
(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; P.A. 11-51, S. 90; 11-80, S. 1; 11-141, S. 8; P.A. 13-205, S. 2; 13-247, S. 200; 13-308, S. 16; P.A. 23-153, S. 2.)
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; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a)(9), effective July 1, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 11-141 added Subsecs. (i) to (k) re waiver of fees, effective July 8, 2011; P.A. 13-205 added Subsec. (l) re provision of public notice concerning tentative determination on a permit by commissioner on department's Internet web site; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a)(9), effective July 1, 2013; P.A. 13-308 amended Subsecs. (i) to (k) by replacing references to Sec. 32-9kk with references to Sec. 32-760, effective July 1, 2013; P.A. 23-153 amended Subsec. (a) to add reference to Nuclear Regulatory Commission and make technical changes, effective June 26, 2023.
See Sec. 22a-27i re exemption of municipality for one year.
Cited. 192 C. 591; 204 C. 38; Id., 212; 215 C. 82; 227 C. 545; 229 C. 654; 237 C. 135; 239 C. 124.
Cited. 19 CA 216; 41 CA 120.
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Sec. 22a-6a. Violators liable to state for costs and expenses. Statutory remedy not exclusive of others. (a) Any person who knowingly or negligently violates 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 or 22a-7, chapter 440, chapter 441, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, sections 22a-148 to 22a-150, inclusive, 22a-153, 22a-154, 22a-157, 22a-158, 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-225, 22a-231, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-361, 22a-362, 22a-365 to 22a-379, inclusive, 22a-401 to 22a-411, inclusive, 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 of Energy and Environmental Protection shall be liable to the state for the reasonable costs and expenses of the state in detecting, investigating, controlling and abating such violation. Such person shall also be liable to the state for the reasonable costs and expenses of the state in restoring the air, waters, lands and other natural resources of the state, including plant, wild animal and aquatic life to their former condition insofar as practicable and reasonable, or, if restoration is not practicable or reasonable, for any damage, temporary or permanent, caused by such violation to the air, waters, lands or other natural resources of the state, including plant, wild animal and aquatic life and to the public trust therein. Institution of a suit to recover for such damage, costs and expenses shall not preclude the application of any other remedies.
(b) Whenever two or more persons knowingly or negligently violate 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 or 22a-7, chapter 440, chapter 441, 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-225, 22a-231, 22a-336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-361, 22a-362, 22a-365 to 22a-379, inclusive, 22a-401 to 22a-411, inclusive, 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 responsibility for the damage caused thereby is not reasonably apportionable, such persons shall, subject to a right of equal contribution, be jointly and severally liable under this section.
(c) Any person whose acts outside Connecticut contribute to environmental damage in Connecticut shall be subject to suit under this section if such person is subject to in personam jurisdiction within this state pursuant to section 52-59b, or if such person, in person or through an agent, expects or should reasonably expect his acts outside this state to have an effect upon the environment in this state and process upon any such person shall be served in the manner set forth in section 52-59b.
(P.A. 73-665, S. 1, 17; P.A. 74-338, S. 61, 94; P.A. 77-529, S. 28, 29; P.A. 78-96, S. 1; P.A. 83-587, S. 39, 96; P.A. 84-50; 84-54, S. 1, 3; 84-383, S. 3, 5; P.A. 86-239, S. 2, 14; 86-332, S. 19, 20; 86-403, S. 49, 132; P.A. 87-125, S. 1; P.A. 89-209, S. 4; P.A. 90-173, S. 8; 90-312, S. 2; P.A. 96-145, S. 10; P.A. 98-209, S. 7; P.A. 11-80, S. 1; June Sp. Sess. P.A. 21-2, S. 45.)
History: P.A. 74-338 made technical changes; P.A. 77-529 substituted references to chapter 348 with references to chapter 441 in Subsecs. (a) and (b); P.A. 78-96 added references to Sec. 22a-32 in Subsecs. (a) and (b); P.A. 83-587 deleted references to Secs. 25-8a and 25-8c in Subsecs. (a) and (b); P.A. 84-50 amended Subsec. (a) by deleting provision precluding a civil penalty where a suit has been instituted; P.A. 84-54 added references to Secs. 22a-69 and 22a-74 in Subsec. (a); P.A. 84-383 added references to Sec. 22a-161 in Subsecs. (a) and (b); P.A. 86-239 amended Subsecs. (a) and (b) by deleting reference to Sec. 22a-418 and adding reference to Sec. 22a-471; P.A. 86-332 amended Subsecs. (a) and (b) by adding references to Secs. 22a-190 and 22a-231; P.A. 86-403 amended Subsecs. (a) and (b) by adding references to Sec. 22a-208a; P.A. 87-125 amended Subsecs. (a) and (b) by deleting references to Sec. 22a-455 for consistency with other statutory changes; P.A. 89-209 added reference to Sec. 22a-134p in Subsecs. (a) and (b); P.A. 90-173 amended Subsecs. (a) and (b) by adding references to Secs. 15-171, 15-172 and 15-175; P.A. 90-312 amended Subsecs. (a) and (b) by adding references to Sec. 22a-225 and Subsec. (b) of Sec. 22a-134p; P.A. 96-145 deleted references to repealed Secs. 22a-383, 22a-384, 22a-385 and 22a-387; P.A. 98-209 amended Subsecs. (a) and (b) to add violations of statutes re wetlands, water resources and dams and reservoirs to those for which violators are liable to the state for costs, expenses and damages; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding reference to Secs. 22a-148 to 22a-150, inclusive, 22a-153, 22a-154, 22a-157 and 22a-158.
Cited. 204 C. 38; Id., 212; 218 C. 580; 235 C. 448; 238 C. 216.
Cited. 35 CA 646; judgment reversed, see 235 C. 448.
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Sec. 22a-6b. Imposition of civil penalties by the commissioner. (a) The Commissioner of Energy and 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, sections 22a-148 to 22a-162a, inclusive, 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-245a, 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-411a, 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, sections 22a-148 to 22a-162a, inclusive, 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-411a, 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 section 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; Nov. 24 Sp. Sess. P.A. 08-1, S. 14; P.A. 11-80, S. 1; P.A. 13-5, S. 50; P.A. 17-78, S. 1; P.A. 22-143, S. 16.)
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 added 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 added 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; Nov. 24 Sp. Sess. P.A. 08-1 amended Subsec. (a)(1) by adding reference to Sec. 22a-245a, effective February 1, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; P.A. 13-5 amended Subsec. (b) by deleting reference to Sec. 16-19g in Subdiv. (11), effective May 8, 2013; P.A. 17-78 amended Subsec. (a) to include reference to Sec. 22a-411a in Subdivs. (1) and (2), effective June 27, 2017; P.A. 22-143 amended Subsecs. (a)(1) and (a)(2) to add reference to Secs. 22a-148 to 22a-162a, inclusive, effective May 31, 2022.
Cited. 175 C. 483; 204 C. 38; Id., 212; 217 C. 130; 238 C. 216.
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Sec. 22a-6c. Hearing on orders concerning solid waste. Section 22a-6c is repealed.
(P.A. 75-403, S. 1, 2; P.A. 85-334, S. 7, 8.)
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Sec. 22a-6d. Payment of costs associated with hearing and transcript. In any pending or future proceeding on an application for any department license, (1) the applicant shall pay all costs of recording and transcribing the hearing if a transcript is required by law, and (2) any applicant who receives a copy of a transcript of the hearing made at the department's expense shall pay to the department all expenses incurred by the department in having such transcript made. In any pending or future proceeding on a department order to enforce any statute, regulation, permit or order administered or issued by the commissioner, the respondent or other person taking an appeal from a final decision of the commissioner shall pay all costs of recording and transcribing the hearing if a transcript is required by law. Upon a showing of indigency by such respondent or person, the court may waive payment of such costs, in which case the commissioner shall pay them.
(P.A. 90-231, S. 20, 28; P.A. 92-217, S. 2, 5.)
History: P.A. 92-217 added provision re payment of costs by respondents taking appeals from final decisions of the commissioner.
See Sec. 22a-27i re exemption of municipality for one year.
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Sec. 22a-6e. Imposition of civil penalties by the commissioner for water pollution violations. (a) Notwithstanding the provisions of subsections (a) and (b) of section 22a-6b, the Commissioner of Energy and Environmental Protection, not later than August 1, 1992, shall publish notice of intent to adopt regulations, in accordance with the provisions of chapter 54, to establish administrative civil penalties for violation of specified effluent limitations imposed pursuant to chapter 446k and for failure to submit a timely and sufficient discharge monitoring report pursuant to said chapter. In establishing such regulations, the commissioner shall consider the character and degree of injury or impairment to, or interference with, (1) the public health, safety or welfare, (2) the public trust in the water and other natural resources, and (3) the reasonable use of property which is caused or threatened to be caused by the violation. Such regulations shall provide that if the alleged violator is a municipality, the commissioner shall consider whether the municipality has adopted a facilities plan, has entered into contracts for projects which would bring the municipality into compliance with the provisions of chapter 446k or is otherwise in compliance with any order of the commissioner. Such regulations shall provide for administrative civil penalties which are of an amount sufficient to insure immediate and continued compliance, but shall not exceed twenty-five thousand dollars per day for each violation.
(b) The commissioner, or his designee, shall render a final decision to assess the administrative civil penalties established pursuant to this section, and shall collect such penalties, in accordance with the procedures specified in subsections (c) to (g), inclusive, of section 22a-6b. 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. No challenge to any notice of civil penalty assessment 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.
(c) The provisions of this section are in addition to and in no way derogate 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.
(P.A. 91-270, S. 1; P.A. 93-428, S. 35, 39; P.A. 11-80, S. 1.)
History: P.A. 93-428 amended Subsec. (b) to modify provisions re amended notices of assessment, effective July 1, 1993; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
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Sec. 22a-6f. Fees. Due dates. Late payments. Application. Waiver. (a) Each annual fee charged by the Commissioner of Energy and Environmental Protection pursuant to the general statutes shall be due on or before July first of each year, unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. The fee for late payment of an annual fee charged by said commissioner pursuant to the general statutes shall be ten per cent of the annual fee due, plus one and one-quarter per cent per month or part thereof that the annual fee remains unpaid. Each permit fee and permit application fee charged by the commissioner pursuant to the general statutes is due upon the submission of the permit application, unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. Each permit fee and permit application fee payable to the commissioner shall apply equally to the issuance, renewal, modification and transfer of a permit unless otherwise specified in the general statutes or in regulations adopted pursuant thereto. The commissioner may waive any fee payable to him as it applies to the activities of an agency, board, commission, council or department of the state, provided such agency, board, commission, council or department compensates the Department of Energy and Environmental Protection in an amount equal to such fee pursuant to a written agreement.
(b) Notwithstanding any provision of the general statutes or any regulation adopted under this title, on and after August 20, 2003, each fee in effect pursuant to regulations adopted pursuant to any section of this title that is greater than one hundred dollars shall be increased by fifty per cent and all such fees of one hundred dollars or less shall be doubled, provided no such fee shall be less than one hundred dollars.
(c) Notwithstanding the provisions of subsection (b) of this section: (1) The fees and annual adjustment for Title V emissions shall be assessed pursuant to the regulations adopted under section 22a-174; (2) each fee imposed pursuant to a general permit, in effect on or before August 20, 2003, shall be double the amount specified in such permit; and (3) each fee imposed pursuant to a certificate of permission, issued in accordance with section 22a-363b, shall be double the amount in effect on or before August 20, 2003.
(d) Notwithstanding any provision of the general statutes or any regulation adopted under this title, on and after October 1, 2009, any fee in effect pursuant to regulations adopted pursuant to any section of this title that is greater than one thousand dollars shall be increased by two hundred fifty dollars, any such fee that is greater than or equal to one hundred fifty dollars, but less than or equal to one thousand dollars, shall be increased by twenty-five per cent and rounded up to the nearest whole five-dollar increment and any such fee of less than one hundred fifty dollars shall be doubled. Any such fee contained in this title shall not be less than one hundred dollars.
(e) Unless otherwise specified in a general permit, the registration fee for a general permit shall be as follows: (1) If the person intending to engage in the regulated activity is required to register with the Department of Energy and Environmental Protection and obtain approval of the registration before the activity is authorized, one thousand two hundred fifty dollars; or (2) if the person intending to engage in the regulated activity is only required to register with the Department of Energy and Environmental Protection before the activity is authorized, six hundred twenty-five dollars. No fee for a general permit shall exceed six thousand two hundred fifty dollars.
(f) Unless otherwise established by regulations adopted pursuant to section 22a-354i, the fee for a permit of a regulated activity, as described in section 22a-354i, shall be one thousand dollars and the fee to register such regulated activity with the Department of Energy and Environmental Protection, pursuant to section 22a-354i, shall be five hundred dollars.
(g) The fee for a consolidated general permit issued in accordance with more than one section of this title shall be specified in such general permit and shall not exceed the total sum for individual general permits, as authorized pursuant to subdivision (2) of subsection (c) of this section.
(P.A. 91-369, S. 33, 36; P.A. 96-145, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 152; June Sp. Sess. P.A. 09-3, S. 395; Sept. Sp. Sess. P.A. 09-8, S. 35; P.A. 11-80, S. 1.)
History: P.A. 96-145 amended Subsec. (a) to provide for late payments of fees and added Subsec. (b) re fees for general permits; June 30 Sp. Sess. P.A. 03-6 replaced former Subsec. (b) re fee for registration pursuant to a general permit with new Subsec. (b) re increase in fees in effect pursuant to regulations, added new Subsec. (c) re fees for Title V emissions, the doubling of existing fees for general permits, and fees for a certificate of permission, added new Subsec. (d) re registration fees for a general permit, added new Subsec. (e) re fees for a permit of a regulated activity in an aquifer protection area, and added new Subsec. (f) re fees for a consolidated general permit, effective August 20, 2003; June Sp. Sess. P.A. 09-3 added Subsec. (d) re increasing regulations fees and redesignated existing Subsecs. (d) to (f) as Subsecs. (e) to (g); Sept. Sp. Sess. P.A. 09-8 amended Subsec. (d) to add provision re $100 minimum fee and amended Subsec. (e) to increase fees, effective October 5, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-6g. Notice of application for permit. Exemptions. (a) Any person who submits an application to the Commissioner of Energy and Environmental Protection for any permit or other license pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq.), except an application for authorization under a general permit shall: (1) Publish notice of such application in a newspaper of general circulation in the affected area and on the Internet web site used for local land use decisions in the municipality where such property is located. Such notice shall also be published on the Internet web site of the Department of Energy and Environmental Protection; (2) notify the chief elected official of the municipality in which the regulated activity is proposed; and (3) include with such application a copy of such notice as it appeared in the newspaper or municipal land use Internet web site and a signed statement certifying that the applicant notified the chief elected official of the municipality in which such regulated activity is proposed. Such notices shall include: (A) The name and mailing address of the applicant and the address of the location at which the proposed activity will take place; (B) the application number, if available; (C) the type of permit sought, including a reference to the applicable statute or regulation; (D) a description of the activity for which a permit is sought; (E) a description of the location of the proposed activity and any natural resources affected thereby; (F) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; and (G) a statement that the application is available for inspection at the office of the Department of Energy and Environmental Protection. The commissioner shall not process an application until the applicant has submitted to the commissioner a copy of the notice and the signed statement required by this section. Any person who submits an application pursuant to section 22a-32 or 22a-361 shall additionally mail such notice to any land owner of record for any property that is located five hundred feet or less from the property line of the property on which such proposed activity will occur. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.
(b) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for authorization under a general permit; (2) an application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; and (3) an application for a minor permit modification or revision if the Commissioner of Energy and Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.
(P.A. 93-428, S. 3, 39; P.A. 94-89, S. 1; P.A. 96-145, S. 12; P.A. 98-140, S. 2; P.A. 01-204, S. 23; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 11-80, S. 1; P.A. 13-209, S. 1; P.A. 16-89, S. 8; P.A. 23-196, S. 8.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made this section applicable to applications under Section 401 of the federal Water Pollution Control Act and provided for exemptions for permits for hazardous waste transporters and special waste authorizations and deleted requirements that notice be published within 10 days of the submission of the application and that the applicant send a copy of such notice to the commissioner within 20 days of the date of such publication; P.A. 96-145 deleted a reference to repealed Sec. 22a-384; P.A. 98-140 added provision for notice to the chief elected official of the municipality in which the activity for which a permit is sought is to occur; P.A. 01-204 designated existing provisions as Subsec. (a), making technical changes therein, and added Subsec. (b) re exemptions from Subsec. (a); June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 13-209 amended Subsec. (a) by deleting former Subdiv. (1) re inclusion of a signed statement certifying that the applicant will publish notice of application on a form supplied by the commissioner, deleting former Subdiv. (3) re certified copy of notice, redesignating existing Subdiv. (2) as Subdiv. (1) and existing Subdiv. (4) as Subdiv. (2), and adding new Subdiv. (3) re inclusion of a copy of the newspaper notice with application along with a signed statement certifying that the applicant notified the chief elected official of the municipality in which the regulated activity is proposed; P.A. 16-89 amended Subsec. (a) to add provision re any person who submits an application pursuant to Sec. 22a-32 or 22a-361 to mail notice to any land owner of record for any property located within 500 feet of the property on which the proposed activity will occur, effective June 1, 2016; P.A. 23-196 amended Subsec. (a)(1) to add provision re notice be published on Internet web site used for local land use decisions in municipality where such property is located and on Department of Energy and Environmental Protection's Internet web site and amended Subsec. (a)(3) to add reference to the municipal land use Internet web site, effective June 29, 2023.
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Sec. 22a-6h. Notice of tentative determination re permit application. Request for hearing on federal Water Pollution Control Act application. (a) The Commissioner of Energy and Environmental Protection, at least thirty days before approving or denying an application under section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq.), shall publish or cause to be published, at the applicant's expense, once in a newspaper having a substantial circulation in the affected area and, if such application pertains to a single-family residential property, on the Internet web site used for local land use decisions in the municipality where such property is located and on the Internet web site of the Department of Energy and Environmental Protection notice of the commissioner's tentative determination regarding such application. Such notice shall include: (1) The name and mailing address of the applicant and the address of the location of the proposed activity; (2) the application number; (3) the tentative decision regarding the application; (4) the type of permit or other authorization sought, including a reference to the applicable statute or regulation; (5) a description of the location of the proposed activity and any natural resources affected thereby; (6) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; (7) a brief description of all opportunities for public participation provided by statute or regulation, including the length of time available for submission of public comments to the commissioner on the application; and (8) such additional information as the commissioner deems necessary to comply with any provision of this title or regulations adopted hereunder, or with the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. The commissioner shall further give notice of such determination to the chief elected official of the municipality in which the regulated activity is proposed. Nothing in this section shall preclude the commissioner from giving such additional notice as may be required by any other provision of this title or regulations adopted hereunder, or by the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.
(b) For the purposes of this section, “application” means a request for a license or renewal thereof or for any permit or modification of a license or permit or renewal thereof if the modification is sought by the licensee.
(c) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; or (2) an application for a minor permit modification or revision if the Commissioner of Energy and Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.
(d) Not later than thirty days after the date on which the commissioner publishes or causes to be published notice of the commissioner's tentative determination regarding an application under Section 401 of the federal Water Pollution Control Act, 33 USC 466, such applicant may submit a written request to the commissioner to conduct a hearing on such application in accordance with the provisions of chapter 54. The commissioner shall grant any such request provided such request is submitted in writing and filed in a timely manner. Any person that is aggrieved by the commissioner's final decision on such application may appeal such decision to the Superior Court, in accordance with section 4-183.
(P.A. 93-428, S. 4, 39; P.A. 94-89, S. 2; P.A. 96-145, S. 13; P.A. 98-140, S. 3; P.A. 01-204, S. 24; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 11-80, S. 1; P.A. 12-100, S. 2; P.A. 23-196, S. 9.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made section applicable to applications for permits under Section 401 of the federal Water Pollution Control Act and provided for exemptions for permits for hazardous waste transporters and special waste authorizations and added a requirement that notice include a description of opportunities for public participation; P.A. 96-145 deleted a reference to repealed Sec. 22a-384; P.A. 98-140 added provision for notice to the chief elected official of the municipality in which the activity about which a tentative determination has been made is to occur; P.A. 01-204 amended Subsec. (a) to make a technical change for purposes of gender neutrality and added new Subsec. (c) re exemptions from Subsec. (a); June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (c), effective July 1, 2011; P.A. 12-100 added Subsec. (d) re submission of written request to commissioner to conduct a hearing on application submitted under the federal Water Pollution Control Act; P.A. 23-196 amended Subsec. (a) to add provision re notice of tentative determination also be published on municipal Internet web site for land use decisions if property is a single-family residential property, and on Internet web site of Department of Energy and Environmental Protection, effective June 29, 2023.
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Sec. 22a-6i. Information re time frames for issuance of permits. Between July 1, 1994, and October 1, 1996, inclusive, the Commissioner of Energy and Environmental Protection shall make available, in writing, to any person applying for any permit for any activity regulated under this title, information regarding the time frames established by the department to (1) determine the sufficiency of the application, (2) determine the sufficiency of any application previously returned to the applicant for reason of insufficiency, and (3) issue a tentative decision regarding the application. On or before July 1, 1994, the commissioner shall compile all such information, including the number of permit applications received and the percentage of such applications acted upon in accordance with each such time frame, into a written report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment and shall, on a quarterly basis until October 1, 1996, report any changes in such information to said committee.
(P.A. 93-428, S. 23, 39; P.A. 95-218, S. 19, 24; P.A. 11-80, S. 1.)
History: P.A. 93-428 effective July 1, 1993; P.A. 95-218 provided for a sunset of this section on October 1, 1996, effective July 6, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
See Sec. 22a-6p re time frames for issuance of permits.
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Sec. 22a-6j. Renewal of permits. (a) On and after July 1, 1994, the Commissioner of Energy and Environmental Protection, for any permit issued by the commissioner pursuant to any provision of this title, shall provide notice of the expiration date of such permit to any holder thereof. Such notice shall be given on or before ninety days prior to the date on which the application for renewal of such permit is due. Nothing in this section shall affect the obligation of any person to apply for a permit in a timely fashion or to comply with any permit issued by the commissioner. Notwithstanding the provisions of subsection (b) of section 4-182, the Commissioner of Energy and Environmental Protection may accept, prior to the expiration of a permit or other license, a sufficient but untimely application for renewal of such permit or other license and authorize the existing permit or other license to continue in effect beyond its expiration date until the commissioner disposes of such renewal application provided, in the commissioner's judgment, (1) the renewal application is likely to be granted, and (2) the public interest would best be served by allowing the licensed activity to continue uninterrupted. Any authorization for the continuance of an existing license pursuant to this subsection shall be limited by any conditions the commissioner deems necessary to assure protection of health, safety and the environment. The commissioner may require any person requesting a continuance pursuant to this section to provide such information as the commissioner deems necessary to carry out the purposes of this section.
(b) On and after October 1, 1994, any person who files with the commissioner an untimely application for renewal of a permit or other license shall submit with such application the following sum in addition to the application fee provided by law: (1) For a renewal application filed between fourteen days and thirty days after the last date allowed for filing, ten per cent of the application fee; (2) for a renewal application filed between thirty-one days and sixty days after the last date allowed for filing, twenty per cent of the application fee; (3) for a renewal application filed between sixty-one days and ninety days after the last date allowed for filing, forty per cent of the application fee; (4) for a renewal application filed between ninety-one days and one hundred twenty days after the last date allowed for filing, fifty per cent of the application fee; and (5) for a renewal application filed more than one hundred twenty days after the last date allowed for filing, sixty-five per cent of the application fee.
(P.A. 93-428, S. 2, 39; P.A. 94-89, S. 5; P.A. 11-80, S. 1.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 added provision re obligation of permit holders to apply for renewal in a timely fashion, deleted a requirement that requests for acceptance of untimely applications be made in writing and added provision re additional information which the commissioner may request for a continuance under this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
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Sec. 22a-6k. Emergency authorization for regulated activity. Temporary authorization for regulated activity. (a) The Commissioner of Energy and Environmental Protection may issue an emergency authorization for any activity regulated by the commissioner under section 22a-32, subsection (h) of section 22a-39, 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.
(b) The commissioner may issue a temporary authorization for any activity for which the commissioner has authority to issue a general permit under section 22a-45a, 22a-174, 22a-208a, 22a-349a, 22a-361, 22a-378a, 22a-411, 22a-430b or 22a-454 provided the commissioner finds that (1) such activity will not continue for more than ninety days, whether consecutive or not; (2) such activity does not pose a significant threat to human health or the environment; (3) such authorization is necessary to protect human health or the environment or is otherwise necessary to protect the public interest; and (4) 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. No temporary authorization shall be renewed or issued for an activity which has been authorized by a temporary authorization during the previous twelve calendar months. Any person seeking a temporary authorization shall submit to the commissioner sufficient information to allow the commissioner to make the determination set forth herein. A temporary authorization shall be limited by any conditions the commissioner deems necessary to adequately protect human health and the environment. Summary suspension of a temporary authorization may be ordered in accordance with subsection (c) of section 4-182. The commissioner may assess a fee for a temporary 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 the fee required pursuant to this subsection if good cause is shown. The fee required pursuant to this subsection shall be paid before the issuance of the temporary authorization. The commissioner may, if good cause is shown, allow late payment of the fee required by this subsection provided such fee shall be paid no later than ten days after the issuance of the temporary authorization.
(P.A. 93-428, S. 1, 39; P.A. 97-289, S. 3, 9; P.A. 98-209, S. 8; P.A. 01-204, S. 26; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 11-80, S. 1; P.A. 12-148, S. 12.)
History: P.A. 93-428 effective July 1, 1993; P.A. 97-289 amended Subsec. (a) to add reference to Sec. 22a-54 to include activities regulated under that section within the scope of potential emergency authorizations under this section, effective July 1, 1997; P.A. 98-209 amended Subsec. (a) to allow emergency authorization of state agency activities in inland wetlands; P.A. 01-204 amended Subsec. (b) to delete reference to Sec. 22a-368, add reference to Secs. 22a-378a and 22a-411 and make a technical change for purposes of gender neutrality; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; P.A. 12-148 amended Subsec. (b) to add references to Secs. 22a-45a and 22a-349a, to increase maximum length of a temporary authorization from 30 days to 90 days, whether consecutive or not, and to prohibit renewal of a temporary authorization for an activity authorized by a temporary authorization during the preceding 12 calendar months, effective June 15, 2012.
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Sec. 22a-6l. Posting of public notice of permit applications. The Commissioner of Energy and Environmental Protection may require any applicant for a permit issued by the commissioner pursuant to any provision of this title to provide notice of such permit application by posting notice of the application in accordance with this section. Such notice shall not be required for a permit for a transportation project, a permit for the burning of brush pursuant to subsection (f) of section 22a-174, or a permit for any open burning conducted pursuant to authorized fire fighting training by any fire department. The applicant shall erect and maintain in a legible condition a sign not less than six feet by four feet upon the site where the activity which is the subject of the permit application is located or proposed to be located, which sign shall be clearly visible from the public highway and which sign shall be erected not later than three days after the date the applicant receives, by certified mail, written notice to the applicant that notice under this section is required. The sign shall include the words “Department of Energy and Environmental Protection. Permit Applicant. For further information contact:” and a phone number for an office from which any interested person may obtain a copy of the subject application and information regarding the procedure for making comment on the application. The sign shall be maintained for a period of one hundred twenty days or until the date on which the commissioner publishes notice of his tentative determination on the application, whichever is earlier. Any applicant required to post notice in accordance with this section shall submit to the commissioner a written certification, under oath, of compliance with the requirements of this section provided the commissioner may require any additional proof of such compliance. Such certification shall be on a form specified by the commissioner. Such form shall include certification that notice of such application has also been filed with local municipal officials, including, but not limited to, the chief executive official of the municipality within which the site or proposed site is located, the building official, the zoning enforcement officials, local health officials, and any local environmental commission, committee or officials. The commissioner shall not process an application until the applicant has submitted to the commissioner the certification required by this section. If the commissioner determines that posting notice in accordance with this section will not adequately apprise the public and abutting landowners of the proposed activity, the commissioner may require any other reasonable form of notice he deems necessary.
(P.A. 94-85, S. 1; P.A. 98-216, S. 2, 5; P.A. 11-80, S. 1.)
History: P.A. 98-216 added provision re certification that notice was sent to local municipal officials, effective June 1, 1998; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-6m. Compliance history of permit applicants. Criminal history records checks. (a) In exercising any authority to issue, renew, transfer, modify or revoke any permit, registration, certificate or other license under any of the provisions of this title, the Commissioner of Energy and Environmental Protection may consider the record of the applicant for, or holder of, such permit, registration, certificate or other license, the principals, and any parent company or subsidiary, of the applicant or holder, regarding compliance with environmental protection laws of this state, all other states and the federal government. If the commissioner finds that such record evidences a pattern or practice of noncompliance which demonstrates the applicant's unwillingness or inability to achieve and maintain compliance with the terms and conditions of the permit, registration, certificate or other license for which application is being made, or which is held, the commissioner, in accordance with the procedures for exercising any such authority under this title, may (1) include such conditions as he deems necessary in any such permit, registration, certificate or other license, (2) deny any application for the issuance, renewal, modification or transfer of any such permit, registration, certificate or other license, or (3) revoke any such permit, registration, certificate or other license.
(b) For the issuance of a new permit, registration, certificate or other license or for the transfer of any permit, registration, certificate or other license, the commissioner may require the applicant to submit, on forms to be provided by the commissioner, the following information regarding enforcement proceedings involving the applicant: (1) Any criminal conviction involving a violation of any environmental protection law if such violation occurred within the five years immediately preceding the date of the application, (2) any civil penalty imposed in any state or federal judicial proceeding, or any civil penalty exceeding five thousand dollars imposed in any administrative proceeding, for a violation of any environmental protection law if such violation occurred within the five years immediately preceding the date of the application, and (3) any judicial or administrative orders issued to the applicant regarding any such violation. For any such proceeding initiated by the commissioner or the Attorney General, the commissioner may require the applicant to provide dates, case or docket numbers or other information which identifies the proceeding. For any such proceeding initiated by an agency of another state or the federal government, the commissioner may require the applicant to provide a copy of any official document which initiated the proceeding, the final judgment or order and a description of any violation which was found. The commissioner may not deem such an application incomplete as to information regarding the compliance of the applicant with any laws if the applicant has provided all of the information specified in this subsection.
(c) Nothing in this section shall affect any other provisions of law regarding information which is required to be provided by an applicant for any permit, registration, certificate or other license issued under any of the provisions of this title.
(d) In reviewing the application for a permit, registration, certificate or other license under the provisions of this title, the commissioner may require the applicant or, if the applicant is a business entity, any director, officer, partner or owner of more than five per cent of the total outstanding stock of any class of the applicant's business to submit to state and national criminal history records checks. If criminal history records checks are required, such checks shall be conducted in accordance with section 29-17a. The review by the commissioner of the criminal history of each such applicant, director, officer, partner or stockholder shall be limited to information regarding criminal convictions related to activities regulated under the environmental protection laws of this state, any other state or the federal government.
(P.A. 94-205, S. 1; P.A. 97-300, S. 1; P.A. 01-175, S. 20, 32; P.A. 11-80, S. 1.)
History: P.A. 97-300 added new Subsec. (d) re criminal history records checks of permit applicants; P.A. 01-175 amended Subsec. (d) by replacing provisions re state criminal history records check, submission to the Federal Bureau of Investigation and associated fees with provision re criminal history checks pursuant to Sec. 29-17a, effective July 1, 2001; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
Subsec. (a) grants department authority to deny an application for a permit, or to revoke a permit or registration, where record evidences a pattern or practice of noncompliance, which hearing officer found in light of plaintiff's failure to disclose material and relevant information to the department. 179 CA 127.
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Sec. 22a-6n. Notice of commissioner's determination regarding certain regulated activities. Notwithstanding any provision of this title or regulations adopted hereunder, the Commissioner of Energy and Environmental Protection shall not be required to publish notice of any final determination regarding an application under section 22a-39 or an application submitted after July 1, 1994, under section 22a-208a. Nothing in this section shall affect the authority of the commissioner to publish such notice as he deems appropriate.
(P.A. 93-428, S. 10, 39; P.A. 94-89, S. 3; P.A. 11-80, S. 1.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made section applicable to applications under Sec. 22a-208a submitted after July 1, 1994; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-6o. Transfer of licenses. (a) Notwithstanding any provision of this title or regulations adopted thereunder, no person shall act or purport to act under the authority of a license issued to another unless such license has been transferred to such person in accordance with this section and such transfer is not inconsistent with the federal Clean Air Act, the federal Water Pollution Control Act or the federal Resource Conservation and Recovery Act.
(b) The licensee and the proposed transferee shall register any such proposed transfer with the commissioner within thirty days of the transfer of ownership of the facility for which the license has been issued. Such registration shall be on forms to be prescribed by the commissioner and accompanied by a fee established by the commissioner to cover costs of processing the transfer of license. Upon receipt of a registration of a proposed transfer of license pursuant to this section, if the commissioner determines that the transferee is able to comply with the terms and conditions of the license, the commissioner shall send a notice to the licensee and proposed transferee which confirms the registration and acknowledges the applicability of the license to the transferee.
(c) If the commissioner finds that the information submitted for a registration of a license transfer under this section is insufficient for purposes of determining whether the proposed transferee is able to comply with the terms and conditions of the license, the commissioner may require such transferee to submit such additional information as the commissioner deems necessary to make such determination, including, but not limited to, any information necessary to complete state and national criminal history records checks in accordance with subsection (d) of section 22a-6m.
(P.A. 95-218, S. 2; P.A. 97-300, S. 3, 4; P.A. 01-175, S. 21, 32.)
History: P.A. 97-300 amended Subsec. (c) to authorize the commissioner to require information necessary to complete a criminal history records check, effective July 8, 1997; P.A. 01-175 amended Subsec. (c) by specifying that criminal history records checks are state and national and by making a technical change, effective July 1, 2001.
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Sec. 22a-6p. Time frames for issuance of permits. Regulations. (a) Not later than seven days from June 9, 2010, the Commissioner of Energy and Environmental Protection shall commence a review of the existing time frames for the review of all individual permits issued by the department. Not later than September 30, 2010, the commissioner shall issue a comprehensive report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the environment that (1) proposes a plan to establish a pilot expedited permitting process for not less than two hundred representative manufacturing or other industrial facilities, (2) prescribes changes to be made to the department's review schedules for individual permits, including reducing the time frames for identifying deficiencies in permit applications and issuing tentative determinations in accordance with subdivisions (2) and (3) of subsection (b) of this section, and (3) indentifies the process improvements, additional resources, staffing and programmatic changes necessary to meet such time frames.
(b) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, establishing schedules for timely action for each application for a permit for activity regulated under this title. Such schedules may be based on the lengths of time that the commissioner deems appropriate for different categories of permit applications and permits and may address situations when more than one permit is required for the regulated activity. Each such schedule shall contain the following:
(1) A provision that the schedule shall begin when an application is received by the Department of Energy and Environmental Protection, any public notice requirements have been fulfilled and the application fee is paid;
(2) One or more periods of reasonable length, based on the nature and complexity of the review required of the department, at the end of which time the department shall issue a decision to grant or deny the permit or identify deficiencies in the application, provided the schedule may also reasonably limit the amount of time in which the applicant may remedy such deficiencies. All reasonable efforts shall be made by the department to ensure that deficiencies in any application for a permit are identified and the applicant notified in writing of such deficiencies not later than sixty days after the department receives such application;
(3) A period of reasonable length, based on the nature and complexity of the review required of the commissioner, beginning with receipt of materials submitted by the applicant in response to the commissioner's identification of deficiencies, at the end of which time the commissioner shall issue a tentative determination to grant or deny the permit. All reasonable efforts shall be made by the department to issue a tentative determination to grant or deny a permit not later than one hundred eighty days after the department determines that the application materials are sufficient, provided such one-hundred-eighty-day period shall not include any period of time during which the commissioner has requested, in writing, and is waiting to receive, additional application materials from an applicant;
(4) A period of reasonable length after such tentative determination and the conclusion of any public hearing held with regard to such decision;
(5) Allowance for applicable state or federal public participation requirements; and
(6) A provision extending the time periods set forth in subdivisions (2) and (3) of this subsection when action by another state agency or a federal or municipal agency is required before the commissioner may act, when (A) judicial proceedings affect the ability of the commissioner or the applicant to proceed with the application, (B) the commissioner has commenced enforcement proceedings which could result in revocation of an existing permit for the facility or regulated activity that is the subject of the application and denial of the application, or (C) the applicant provides written assent extending any applicable time period.
(c) The commissioner shall annually compile and report on the department's Internet web site, by category of permit, instances in which the schedules for timely action set forth in this subsection were not achieved and explanations for the department's inability to meet such time frames.
(P.A. 95-218, S. 20, 24; P.A. 10-158, S. 1; P.A. 11-80, S. 1.)
History: P.A. 95-218, S. 20 effective July 6, 1995; P.A. 10-158 added Subsec. (a) re review of and report on permits issued by department, designated existing provisions as Subsec. (b) and amended Subdiv. (2) therein to require department to make reasonable efforts to notify applicants of application deficiencies and Subdiv. (3) therein to require department to make reasonable efforts to issue tentative determinations not later than 180 days after sufficiency determination, and added Subsec. (c) re annual report, effective June 9, 2010; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-6q. Alternative time frame for action on permit. When the commissioner determines, based on the size, novelty, complexity or technical difficulty of a project, that work cannot be completed within the schedule for timely action applicable to a permit application pursuant to subdivision (3) of subsection (b) of section 22a-6p, the commissioner shall notify the applicant of such determination within thirty days of receiving the permit application and shall, within forty-five days of providing such notice, establish an alternative permit schedule for timely action.
(P.A. 95-218, S. 21, 24; P.A. 96-118, S. 1; P.A. 10-158, S. 4.)
History: P.A. 95-218, S. 21 effective July 6, 1995; P.A. 96-118 made a technical correction to an internal reference; P.A. 10-158 made a technical change, effective June 9, 2010.
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Sec. 22a-6r. Report on permitting efforts and violations investigated by the department's environmental quality division. On or before July 1, 1997, and annually thereafter, the commissioner shall submit to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to environment and the Department of Economic and Community Development a report on the permitting efforts of the Department of Energy and Environmental Protection in the preceding state fiscal year. Such report shall include, but not be limited to: An identification of revenues received from permit application fees and any revenues derived from the processing of such applications as set forth in this chapter and the department's appropriation from the General Fund for permitting activities; the number and amount of permit applications received; the number of permit decisions issued and the number of permits pending; the number and amount of permit application fees refunded; the number of permit applications requiring alternative timely action schedules pursuant to section 22a-6q; a summary of the significant improvements the department has made in its permitting programs; a summary of the information collected in surveys of permit applicants that requested preapplication meetings in accordance with section 22a-6ff and the average time for processing applications that were the subject of such preapplication meetings; and the number of violations investigated by the department's environmental quality division in the preceding state fiscal year and the number of such violations resolved by the division without the levy of a fine.
(P.A. 95-218, S. 22, 24; 95-250, S. 1; P.A. 96-118, S. 2; 96-211, S. 1, 5, 6; P.A. 11-80, S. 1; P.A. 18-146, S. 2.)
History: P.A. 95-218, S. 22 effective July 6, 1995; 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; P.A. 96-118 made a technical correction to an internal reference; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011; P.A. 18-146 added provisions re report to include summary of information collected in surveys, time for processing applications and number of violations investigated by department's environmental quality division.
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Sec. 22a-6s. Minor violations of environmental protection laws. (a) As used in this section, “minor violation” means a violation of any of the provisions of chapters 440, 441, 444, 445, 446a, 446c, 446d, 446i, 446j and 446k but does not mean any such violation which the Commissioner of Energy and Environmental Protection determines, in his sole discretion, (1) was intentionally committed, (2) enabled the violator to avoid costs either by a reduction in cost or by gaining a competitive advantage, (3) is a repeat violation or is committed by a violator with an environmental compliance history determined by said commissioner, in his sole discretion, to require more serious enforcement action, (4) has caused actual exposure of any person to hazardous waste or poses a significant risk to human health or the environment, (5) cannot be corrected within thirty calendar days or for which a plan for compliance cannot be completed and agreed to within thirty calendar days of the violator's receipt of the notice, or (6) is one of several potentially minor violations detected in the course of an inspection or review the totality of which the commissioner determines to be more serious.
(b) The Commissioner of Energy and Environmental Protection may establish a program to expedite the enforcement process for minor violations. Pursuant to said program, the commissioner may issue a warning notice for any minor violation detected in the course of an inspection by said commissioner, or his designee, or in any review of documentation submitted by any person subject to regulation by said commissioner pursuant to said chapters. Such notice shall (1) describe the violation and specify the date such violation occurred, (2) specify alternatives the violator may consider to correct the violation, (3) provide a projected time frame for correcting the violation, and (4) advise the violator of its responsibilities under this section.
(c) Within thirty calendar days of receipt of the notice, such violator shall certify to the commissioner in writing that (1) the minor violation has been corrected, (2) measures to assure that such violation will not recur have been implemented to the extent action can not be taken to correct the specific violation identified in the notice, (3) action to correct the violation will be taken according to a specified schedule to the extent action has not been taken to correct the violation, or (4) no such violation occurred or that the notice is inaccurate.
(d) Within thirty calendar days of receipt of the certification required under subsection (c) of this section, the commissioner shall inform the violator in writing that (1) action reported taken or to be taken to correct the minor violation is satisfactory and the warning notice shall not be considered by the commissioner under section 22a-6m, (2) such action is not satisfactory and that further enforcement action may be taken, or (3) no minor violation occurred and the warning notice shall not be considered by the commissioner in any action taken pursuant to said section 22a-6m.
(e) The commissioner may take any enforcement action he deems necessary if such violator fails to take appropriate action pursuant to subsection (c) of this section.
(P.A. 95-56, S. 1; P.A. 96-52; P.A. 11-80, S. 1.)
History: P.A. 96-52 amended Subsecs. (a) and (b) to expand program to enumerated chapters, deleting references to state hazardous waste laws, and amended Subsec. (d) to delete provision re rescission of warning notices; (Revisor's note: In 1999 the word “to” was inserted in the phrase “pursuant to said chapters” in Subsec. (b) to correct a clerical error); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (b), effective July 1, 2011.
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Sec. 22a-6t. Annual report on environmental compliance by regulated entities and enforcement actions of the commissioner. Section 22a-6t is repealed, effective October 1, 2001.
(P.A. 97-314, S. 4; P.A. 99-225, S. 28, 33; P.A. 01-204, S. 28; June Sp. Sess. P.A. 01-9, S. 73, 131.)
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Sec. 22a-6u. Notification requirements re discovery of contamination of soil or water. Exceptions. Content of notice. Drinking water supply well sampling. Acknowledgment of receipt. Posting of notice. Civil penalty. Forwarding of notice. (a) For the purposes of this section:
(1) “Commissioner” means the Commissioner of Energy and Environmental Protection, or his designee;
(2) “Mitigation” means actions, including, but not limited to, placement of gravel or pavement, fencing, water filtration or such other interim measures, taken to control the contamination or condition that reasonably prevent exposure, including continuing inspection, maintenance or monitoring as necessary for the specific measures taken;
(3) “Parcel” means a piece, tract or lot of land, together with buildings and other improvements situated thereon, a legal description of which piece, parcel, tract or lot is contained in a deed or other instrument of conveyance and which piece, tract or lot is not the subject of an order or consent order of the commissioner which involves requirements for investigation or reporting regarding environmental contamination;
(4) “Person” means person, as defined in section 22a-2;
(5) “Pollution” means pollution, as defined in section 22a-423;
(6) “Release” means any discharge, uncontrolled loss, seepage, filtration, leakage, injection, escape, dumping, pumping, pouring, emitting, emptying or disposal of oil or petroleum or chemical liquids or solids, liquid or gaseous products or hazardous wastes;
(7) “Residential activity” means any activity related to (A) a residence or dwelling, including, but not limited to, a house, apartment, or condominium, or (B) a school, hospital, day care center, playground or outdoor recreational area;
(8) “Substance” means an element, compound or material which, when added to air, water, soil or sediment, may alter the physical, chemical, biological or other characteristics of such air, water, soil or sediment;
(9) “Upgradient direction” means in the direction of an increase in hydraulic head; and
(10) “Technical environmental professional” means an individual, including, but not limited to, an environmental professional licensed pursuant to section 22a-133v, who collects soil, water, vapor or air samples for purposes of investigating and remediating sources of pollution to soil or waters of the state and who may be directly employed by, or retained as a consultant by, a public or private employer.
(b) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after July 1, 2015, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of a public or private drinking water well with: (A) A substance for which the Commissioner of Energy and Environmental Protection has established a groundwater protection criterion in regulations adopted pursuant to section 22a-133k at a concentration above the groundwater protection criterion for such substance, or (B) the presence of nonaqueous phase liquid, such professional shall notify his or her client and the owner of the parcel, if the owner of the parcel that is the source of such contamination can reasonably be identified, not later than twenty-four hours after determining that the contamination exists. If, seven days after such determination, the owner of the subject parcel has not notified the commissioner, the client of the professional shall notify the commissioner. If the owner notifies the commissioner, the owner shall provide documentation to the client of the professional which verifies that the owner has notified the commissioner.
(2) The owner of a parcel on which exists a source of contamination to soil or waters of the state shall notify the commissioner if such owner becomes aware that such pollution is causing or has caused contamination of a private or public drinking water well with either (A) a substance for which the commissioner has established a groundwater protection criterion in regulations adopted pursuant to section 22a-133k at a concentration at or above the groundwater protection criterion for such substance, or (B) the presence of nonaqueous phase liquid. Notice under this section shall be given to the commissioner verbally, not later than one business day after such person becomes aware that the contamination exists, and in writing, not later than five days after such verbal notice.
(3) Not later than thirty days after the date the owner of such parcel that is the source of the contamination becomes aware of such contamination, such owner shall determine the presence of any other water supply wells located within five hundred feet of the polluted well by conducting a receptor survey and such owner shall seek access to sample drinking water supply wells that are located on adjacent parcels of property if such wells are within five hundred feet of the polluted well. If such access is granted, such owner shall sample and analyze the water quality of such wells. Not later than thirty days after becoming aware of such contamination, the owner of such parcel shall submit a report to the commissioner that includes proposals, as necessary, for further action to identify and eliminate exposure to contaminants on an ongoing basis.
(c) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after July 1, 2015, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of a public or private drinking water well with: (A) A substance for which the commissioner has established a groundwater protection criterion in regulations adopted pursuant to section 22a-133k at a concentration less than such groundwater protection criterion for such substance; or (B) any other substance resulting from the release which is the subject of the investigation or remediation, such professional shall notify his client and the owner of the parcel, if the owner can reasonably be identified, not later than seven days after determining that the contamination exists.
(2) The owner of a parcel on which exists a source of pollution to soil or the waters of the state shall notify the commissioner if such owner becomes aware that such pollution is causing or has caused contamination of a private or public drinking water well with: (A) A substance for which the commissioner has established a groundwater protection criterion in regulations adopted pursuant to section 22a-133k at a concentration less than such groundwater protection criterion for such substance; or (B) any other substance which was part of the release which caused such pollution. Notice under this subdivision shall be given in writing not later than thirty days after the time such person becomes aware that the contamination exists.
(3) Not later than thirty days after the date such owner becomes aware that such contamination exists, such owner shall perform confirmatory sampling of the well. Not later than thirty days after the date such owner becomes aware of such contamination pursuant to subdivision (1) of subsection (c) of this section, such owner shall submit a report concerning such confirmatory sampling to the commissioner that includes proposals, as necessary, for any further action to identify and eliminate exposure to contaminants on an ongoing basis. If such confirmatory sampling demonstrates a concentration above the groundwater protection criterion for such substance, such owner shall proceed in accordance with the provisions of subdivisions (2) and (3) of subsection (b) of this section.
(d) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after July 1, 2015, which pollution is on or emanating from a parcel, that such pollution of soil within two feet of the ground surface contains a substance at a concentration at or above thirty times the industrial/commercial direct exposure criterion for such substance if the parcel is in industrial or commercial use, or at or above fifteen times the industrial/commercial direct exposure criterion for antimony, arsenic, barium, beryllium, cadmium, chromium, copper, cyanide, lead, mercury, nickel, selenium, silver, thallium, vanadium, zinc or polychorinated biphenyls, excluding arsenic or lead from the lawful application of pesticides, if the parcel is in industrial or commercial use and such soil pollution is not more than three hundred feet from any residence, school, park, playground or daycare facility, or at or above fifteen times the residential direct exposure criterion if the parcel is in residential use, which criteria are specified in regulations adopted pursuant to section 22a-133k, such professional shall notify his client and the owner of the parcel, if such owner is reasonably identified, not later than seven days after determining that the contamination exists, except that notice will not be required if either: (A) The land-use of such parcel is not residential activity and the substance is one of the following: Acetone, 2-butanone, chlorobenzene, 1,2-dichlorobenzene, 1,3-dichlorobenzene, 1,1-dichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, ethylbenzene, methyl-tert-butyl-ether, methyl isobutyl ketone, styrene, toluene, 1,1,1-trichloroethane, xylenes, acenaphthylene, anthracene, butyl benzyl phthalate, 2-chlorophenol, di-n-butyl phthalate, di-n-octyl phthalate, 2,4-dichlorophenol, fluoranthene, fluorene, naphthalene, phenanthrene, phenol and pyrene, (B) the substance is total petroleum hydrocarbons, or (C) the substance is antimony, arsenic, barium, beryllium, cadmium, chromium, copper, cyanide, lead, mercury, nickel, selenium, silver, thallium, vanadium, zinc, or polychlorinated biphenyls below thirty times industrial/commercial direct exposure criteria at an area of an industrial/commercial property that is covered with pavement that is maintained in a manner that preserves the integrity of such coverage or fenced off from the general public.
(2) The owner of the subject parcel shall notify the commissioner in writing not later than ninety days after the time such owner becomes aware that the contamination exists except that notification will not be required if by the end of said ninety days: (A) The contaminated soil is remediated in accordance with regulations adopted pursuant to section 22a-133k; (B) the contaminated soil is inaccessible soil as that term is defined in regulations adopted pursuant to section 22a-133k; (C) the contaminated soil which exceeds thirty or fifteen times such criterion, as applicable, is treated or disposed of in accordance with all applicable laws and regulations; or (D) the substance is lead on a residential property that is already in a lead abatement program administered by the local health department for the town in which such residential property is located. Any owner who is not required to notify the commissioner pursuant to subparagraph (A), (B) or (C) of this subdivision may voluntarily submit a notification at any time to the commissioner and the department shall issue a certificate of completion for purposes of this section if the area that exceeds fifteen or thirty times such criterion, as applicable, was treated or disposed of in accordance with all applicable laws and regulations. The department shall wait until ninety days after the notice is received before determining whether to post a notification received under this subsection on its Internet web site list of notices received under this subsection.
(3) If notice is not otherwise exempted pursuant to the provisions of subdivision (2) of this subsection, not later than ninety days after the owner becomes aware of such contamination, such owner shall, at a minimum: (A) Evaluate the extent of such contaminated soil that exceeds fifteen or thirty times the applicable direct exposure criteria, as applicable, (B) prevent exposure to such soil, and (C) submit, with the required notification, a report on such evaluation and prevention to the commissioner that includes proposals for other action, as necessary, including, but not limited to, maintenance and monitoring of interim controls to prevent exposure to soil that exceeds fifteen or thirty times, as applicable, the applicable criteria.
(e) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after July 1, 2015, which pollution is on or emanating from a parcel, that such pollution is causing or has caused groundwater within fifteen feet of an industrial or commercial building to be contaminated with a volatile organic substance at a concentration at or above ten times the industrial/commercial volatilization criterion for groundwater for such substance or, if such contamination is within fifteen feet of a residential building, at a concentration at or above ten times the residential volatilization criterion, which criteria are specified in regulations adopted pursuant to section 22a-133k, such professional shall, not later than seven days after determining that the contamination exists, notify his client and the owner of the subject parcel, if such owner can reasonably be identified.
(2) The owner of such parcel shall notify the commissioner in writing not later than thirty days after such person becomes aware that the contamination exists except that notification is not required if: (A) The concentration of such substance in the soil vapor beneath such building is at or below ten times the soil vapor volatilization criterion, appropriate for the land-use for the parcel, for such substance as specified in regulations adopted pursuant to section 22a-133k; (B) the concentration of such substance in groundwater is below ten times a site-specific volatilization criterion for groundwater for such substance calculated in accordance with regulations adopted pursuant to section 22a-133k; (C) groundwater volatilization criterion, appropriate for the land-use of the parcel, for such substance specified in regulations adopted pursuant to section 22a-133k is fifty thousand parts per billion; (D) not later than thirty days after the time such person becomes aware that the contamination exists, an indoor air monitoring program is initiated in accordance with subdivision (3) of this subsection; (E) the parcel contains a building that is not occupied, provided the owner shall submit the required notification not later than the date such building is reoccupied, unless by the date of reoccupancy data confirms concentrations no longer exceed the notification threshold or another exception in this subdivision applies; or (F) the parcel contains a building in an industrial/commercial use and such volatile organic compounds are used in industrial activities, and the use of such volatile organic compounds in such building is regulated by the federal Occupational Safety and Health Administration.
(3) An indoor air quality monitoring program for the purposes of this subsection shall consist of sampling of indoor air once every two months for a duration of not less than one year, sampling of indoor air immediately overlying such contaminated groundwater, and analysis of air samples for any volatile organic substance which exceeded ten times the volatilization criterion as specified in or calculated in accordance with regulations adopted pursuant to section 22a-133k. The owner of the subject parcel shall notify the commissioner if: (A) The concentration in any indoor air sample exceeds ten times the target indoor air concentration, appropriate for the land-use of the parcel, as specified in regulations adopted pursuant to section 22a-133k; or (B) the indoor air monitoring program is not conducted in accordance with this subdivision. Notice shall be given to the commissioner in writing not later than seven days after the time such person becomes aware that such a condition exists.
(4) Not later than thirty days after the date the owner becomes aware of such contamination, the owner shall submit to the commissioner with the required notification a proposed plan to mitigate exposure to or permanently abate the contamination or condition.
(f) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after July 1, 2015, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of groundwater which is discharging to surface water and such groundwater is contaminated with: (A) A substance for which an acute aquatic life criterion is listed in appendix D of the most recent water quality standards adopted by the commissioner at a concentration which exceeds ten times (i) such criterion for such substance in said appendix D, or (ii) such criterion for such substance times a site specific dilution factor calculated in accordance with regulations adopted pursuant to section 22a-133k, or (B) a nonaqueous phase liquid, such professional shall notify his client and the owner of such parcel, if such owner can reasonably be identified, not later than seven days after determining that the contamination exists.
(2) For nonaqueous phase liquid that is not otherwise reported to the commissioner pursuant to the general statutes or regulations of Connecticut state agencies, the owner of such parcel shall notify the commissioner (A) verbally, not later than one business day after such person becomes aware such contamination entered a surface water body, and (B) in writing, not later than thirty days after the date such owner becomes aware of such contamination. For contamination with a substance, as described in subdivision (1) of this subsection, such owner shall notify the commissioner, in writing, not later than thirty days after the time such person becomes aware that the contamination exists. Notice shall not be required pursuant to this subdivision if such person knows that the polluted discharge at that concentration or in such physical state was reported to the commissioner, in writing, within the preceding year.
(3) For any contamination with a substance as described in subdivision (1) of this subsection, not later than the date written notification is due pursuant to this subsection, the owner shall submit with such notification a proposed plan to monitor, abate or mitigate the contamination or condition.
(g) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after July 1, 2015, which pollution is on or emanating from a parcel, that such pollution is causing or has caused contamination of groundwater within five hundred feet in an upgradient direction or two hundred feet in any direction of a private or public drinking water well which groundwater is contaminated with a substance resulting from a release for which the commissioner has established a groundwater protection criterion in regulations adopted pursuant to section 22a-133k at a concentration at or above the groundwater protection criterion for such substance, such technical environmental professional shall notify his client and the owner of the subject parcel, if such owner can reasonably be identified, not later than seven days after determining that the contamination exists.
(2) The owner of the subject parcel shall notify the commissioner in writing not later than thirty days after the time such owner becomes aware that the contamination exists.
(3) Not later than thirty days after the date such owner becomes aware of such contamination, such owner shall determine the presence of any other water supply wells located within five hundred feet of such polluted groundwater by conducting a receptor survey. Such owner shall seek access for the purpose of sampling drinking water supply wells that are on adjacent properties if such wells are within five hundred feet of such polluted groundwater. If such access is granted, such owner shall sample and analyze the water quality of such wells. Not later than thirty days after the date such owner becomes aware of such polluted groundwater, such owner shall submit with the required notification a report to the commissioner concerning such evaluation that includes proposals, as necessary, for further action to identify and eliminate any exposure to contaminants on an ongoing basis.
(h) (1) If a technical environmental professional determines in the course of investigating or remediating pollution after October 1, 1998, which pollution is on or emanating from a parcel, that such pollution is causing or has caused polluted vapors emanating from polluted soil, groundwater or free product which vapors are migrating into structures or utility conduits and which vapors pose an explosion hazard, such technical environmental professional shall immediately notify his client and the owner of the subject parcel, if such owner can reasonably be identified, not later than twenty-four hours after determining that the vapor condition exists. If the owner of such parcel fails to notify the commissioner in accordance with this subsection, such client shall notify the commissioner. If the owner notifies the commissioner, the owner shall provide documentation to the client of the professional which verifies that the owner has notified the commissioner.
(2) The owner of such parcel shall orally notify the commissioner and the local fire department immediately and under all circumstances not later than two hours after the time a technical environmental professional notifies the owner that the vapor condition exists, and shall notify the commissioner in writing not later than five days after such oral notice.
(i) In the event the commissioner orders the testing of any private drinking well, and such testing indicates that the water exceeds a maximum contaminant level applicable to public water supply systems for any contaminant listed in the Public Health Code or for any contaminant listed on the state drinking water action level list established pursuant to section 22a-471, the commissioner shall require the respondent to such order to provide written notification of the results of any testing conducted pursuant to such order not later than twenty-four hours after said respondent receives such results to the following: (1) The owner of record of the property upon which any such private drinking well is located, (2) the local director of public health, (3) any person that files a request with the local director of public health to receive such notification, and (4) any other person the commissioner specifically identifies in such order. Not later than twenty-four hours after receiving such notification, such owner shall forward a copy of such notification to at least one tenant of each unit of any leased or rented dwelling unit located on such property and each lessee of such property. Not later than three days after receiving such notification, the local director of public health shall take all reasonable steps to verify that such owner forwarded the notice required pursuant to this subsection.
(j) All notices, oral or written, provided under this section shall include the nature of the contamination or condition, the address of the property where the contamination or condition is located, the location of such contamination or condition, any property known to be affected by such contamination or condition, any steps being taken to abate, remediate or monitor such contamination or condition, and the name and address of the person making such notification. Written notification shall be clearly marked as notification required by this section and shall be either personally delivered to the Remediation Division of the Department of Energy and Environmental Protection or sent by certified mail, return receipt requested, to the Remediation Division of the Department of Energy and Environmental Protection.
(k) (1) The commissioner shall provide written acknowledgment of receipt of a written notice pursuant to this section not later than ten days after receipt of such notice and in such acknowledgment may provide any information that the commissioner deems appropriate.
(2) In accordance with the time frames specified in this section, the owner of the parcel shall submit to the commissioner either (A) (i) a mitigation plan to prevent exposures, (ii) a plan to remediate the contamination or condition, or (iii) a plan to abate the contamination or condition, (B) documentation that the contamination or condition was mitigated and that there are no exposure pathways from the contamination, along with a plan to maintain such mitigation measures, or (C) documentation that describes how the contamination or condition was abated, as applicable. Submittals described in this subsection may be submitted concomitantly with other notices required in this section.
(3) If such plan, as described in subdivision (2) of this subsection, is not submitted or is disapproved by the commissioner, the commissioner shall prescribe the action to be taken or issue a directive as to action required to mitigate or abate the contamination or condition. If a plan is submitted which details actions to be taken, or a report is submitted which details actions taken, to mitigate or abate the contamination or conditions and such plan or report is acceptable to the commissioner, the commissioner shall approve such plan or report in writing. When a report is submitted that demonstrates permanent abatement of the contamination or condition, such that notice under this section would not be required, the commissioner shall issue a certificate of compliance upon finding such report to be acceptable.
(l) An owner who has submitted written notice pursuant to this section shall, not later than five days after the commencement of an activity by any person that increases the likelihood of human exposure to known contaminants, including, but not limited to, construction, demolition, significant soil disruption or the installation of utilities, post such notice in a conspicuous place on such property and, in the case of a place of business, in a conspicuous place inside the place of business. An owner who violates this section shall pay a civil penalty of one hundred dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute an action in the superior court for the judicial district of Hartford to recover such penalty.
(m) Not later than ten days after receipt of any written notice received under this section, the commissioner shall forward a copy of such notice to the chief elected official of the municipality in which the subject pollution was discovered and to the local health director of such municipality or region. Any forwarding of such notice, as required by this subsection, may be performed by electronic means. The commissioner shall maintain a list of all notices received under this section that pertain to conditions that have not been mitigated or permanently abated at the time of notification. Such list shall be on the department's Internet web site and shall be amended to remove notices after the condition is mitigated or permanently abated.
(n) Nothing in this section and no action taken by any person pursuant to this section shall affect the commissioner's authority under any other statute or regulation.
(o) Nothing in this section shall excuse a person from complying with the requirements of any statute or regulation except the commissioner may waive the requirements of the regulations adopted under section 22a-133k if he determines that it is necessary to ensure that timely and appropriate action is taken to mitigate or minimize any of the conditions described in subsections (b) to (h), inclusive, of this section.
(P.A. 98-134, S. 1; P.A. 04-134, S. 1; P.A. 06-81, S. 2; P.A. 08-124, S. 9, 10; P.A. 11-80, S. 1; P.A. 13-308, S. 31, 32.)
History: P.A. 04-134 designated existing Subsec. (k) as Subsec. (m) and existing Subsec. (l) as Subsec. (n), added new Subsec. (k) re posting of notice and penalties for failure to do so, and added new Subsec. (l) re forwarding of notice and maintenance of list of notices on department web site; P.A. 06-81 added new Subsec. (i) re testing of private drinking wells, redesignated existing Subsecs. (i) to (n) as Subsecs. (j) to (o), respectively, and amended Subsec. (m) to add new Subdivs. (3) to (5) re forwarding copies to Labor Commissioner, employee representatives, and the federal Occupational Safety and Health Administration, to redesignate existing Subdiv. (3) as Subdiv. (6) and to make a technical change; P.A. 08-124 made technical changes in Subsecs. (d)(2), (j) and (k), effective June 2, 2008; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 13-308 amended Subsec. (a) by adding new Subdiv. (2) defining “mitigation” and redesignating existing Subdivs. (2) to (9) as Subdivs. (3) to (10), amended Subsec. (b) by adding provisions re the presence of nonaqueous phase liquid in Subdivs. (1) and (2) and by adding Subdiv. (3) re determination of the presence of any other water supply wells and sampling of drinking water supply wells, amended Subsec. (c) by replacing “not later than seven days” with “not later than thirty days” re notice in Subdiv. (2) and by adding Subdiv. (3) re performance of confirmatory well sampling, amended Subsec. (d) by deleting exception for total petroleum hydrocarbon, adding provision re parcel being at or above 15 times the industrial/commercial direct exposure criterion for listed pollutants, adding Subpara. (B) re total petroleum hydrocarbons and adding Subpara. (C) re other listed pollutants in Subdiv. (1), by adding Subpara. (D) re substance that is lead on a residential property that is in a lead abatement program and adding provisions re voluntary submission of notification in Subdiv. (2), and by adding Subdiv. (3) re evaluation of extent of contamination, prevention of exposure to soil and submission of report, amended Subsec. (e) by replacing “thirty times” with “ten times” re volatilization criterion and replacing “beneath a residential building” with “within fifteen feet of a residential building” in Subdiv. (1), by replacing “thirty times” with “ten times” re substance concentration, adding Subpara. (E) re parcel containing a building that is not occupied and adding Subpara. (F) re parcel containing a building in an industrial/commercial use and volatile organic compounds being used in industrial activities in Subdiv. (2), by replacing “thirty times” with “ten times” re volatilization criterion and target indoor air concentration in Subdiv. (3), and by adding Subdiv. (4) re submission of proposed plan to mitigate exposure, amended Subsec. (f) by adding provision re nonaqueous phase liquids in Subdiv. (1), by adding provision re nonaqueous phase liquids that are not otherwise reported to commissioner and adding Subparas. (A) and (B) re verbal and written notice in Subdiv. (2), and by adding Subdiv. (3) re submission of proposed plan to monitor, abate or mitigate the contamination or condition, amended Subsec. (g) by adding provision re causing contamination within 200 feet in any direction of a private or public drinking water well in Subdiv. (1), by replacing “seven days” with “thirty days” re notice in Subdiv. (2), and by adding Subdiv. (3) re conducting receptor survey, performing sampling and analysis of wells and submitting report to commissioner, amended Subsec. (j) by replacing “Water Management Bureau” with “Remediation Division”, amended Subsec. (k) by designating provisions re written acknowledgement as Subdiv. (1) and amending same to authorize statement to include any information that commissioner deems appropriate, by designating provisions re submissions to commissioner as Subdiv. (2) and amending same to provide for submission of either a mitigation plan, remediation plan, abatement plan or documentation of such mitigation, and by designating provisions re failure to submit plan as Subdiv. (3) and amending same to add provisions re permanent abatement and finding of acceptability, amended Subsec. (m) by deleting provisions re forwarding of notice to legislators, Labor Commissioner, employee representatives and the federal Occupational Safety and Health Administration, by deleting provision re maintaining list of notices on department's website, and by adding provisions re forwarding notice to local health director, forwarding notice by electronic means, maintaining list of notices and posting same on department's website and updating list when condition has been mitigated or permanently abated, and replaced “October 1, 1998,” with “July 1, 2015,” and made technical and conforming changes throughout, effective July 1, 2015.
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Sec. 22a-6v. Report on protected open space acquisition. On or before the tenth day of each month, the Commissioner of Energy and Environmental Protection shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding and to the State Bond Commission which report shall provide information on any acquisition of land or interest in land completed in the previous month by the state, a municipality, water company or nonprofit organization using funds authorized for the open space and watershed land acquisition program established under section 7-131d and the recreation and natural heritage trust program established under sections 23-73 to 23-79, inclusive.
(P.A. 98-157, S. 6, 15; P.A. 11-80, S. 1.)
History: P.A. 98-157 effective July 1, 1998; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-6w. Notice to municipality of commissioner's enforcement action. Prior to, or concurrent with, taking any enforcement action under this title or any action to recover any civil penalty imposed under this title, the Commissioner of Energy and Environmental Protection shall give notice of such action to the chief elected official of the municipality in which the regulated activity which gave rise to such action is located. Such information shall be held confidential by such official and shall not be considered a public record or public information for purposes of chapter 3.
(P.A. 98-140, S. 4; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-6x. Office of Enforcement Policy and Coordination. There is established within the Department of Energy and Environmental Protection the Office of Enforcement Policy and Coordination. Said office shall coordinate policy regarding enforcement of environmental protection laws, oversee enforcement practices, promote multimedia enforcement practices and serve as a liaison to the United States Environmental Protection Agency on matters relating to enforcement programs. On or before February 1, 2000, the commissioner shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding the activities of said office, actions the office has undertaken to coordinate policy and any recommendations the office has made regarding how such coordination should be achieved in the future.
(P.A. 99-225, S. 29, 33; P.A. 00-26, S. 2; P.A. 11-80, S. 1.)
History: P.A. 99-225 effective June 29, 1999; P.A. 00-26 made a technical change; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-6y. Exemplary environmental management systems. (a) Any business required to obtain a permit or other approval from the Commissioner of Energy and Environmental Protection to operate in this state may apply to the commissioner for the benefits of the program established under subsection (e) of this section. Such application shall be on forms and in a manner prescribed by the commissioner. The advisory board convened under subsection (c) of this section shall consider, and may approve, such application if the business has demonstrated to the satisfaction of such board that such business (1) has an exemplary record of compliance with environmental laws which shall include, but shall not be limited to, evidence that such business has not been found in violation of any such law, other than a minor violation as determined under section 22a-6s, within the preceding three years; (2) has complied with the provisions of section 22a-6s and any orders of the commissioner under said section, with regard to any minor violation, as defined in said section; and (3) consistently employs practices in its operation that ensure protection of the natural environment to a degree greater than that required by law.
(b) Upon approval of such application, the commissioner may provide the benefits of the program to the business if the commissioner finds that (1) the business is registered as meeting the ISO 14001 Environmental Management System Standard and has adopted principles for sustainability such as the CERES principles, the Natural Step, the Hanover Principles or equivalent internationally recognized principles for sustainability as determined by the commissioner, or (2) in the case of a small business, as defined in section 32-344, the business has an equivalent environmental management system which employs a data collection system for the categories of information described in 63 Federal Register 12094 (1998). The environmental management system of any business approved for the program system shall include provisions for commitment of the management of the business to the environmental management system, compliance assurance and pollution prevention, enabling systems, performance and accountability, third-party audits and measurement and improvement. Any business approved for the program shall be issued a certificate by the commissioner evidencing such approval.
(c) The commissioner shall submit an application of a business under subsection (a) of this section to an advisory board convened by the commissioner for consideration of such application. Such board shall consist of a representative of the Council on Environmental Quality; the Attorney General, or a designee; a representative of the industry in which the business is engaged, provided such representative has no business relationship with the applicant; and the commissioner, or a designee.
(d) If the commissioner finds that a business that has been approved for the program ceases to be qualified for the program because it no longer complies with the requirements provided for in subsections (a) and (b) of this section, the commissioner shall revoke the certificate issued under subsection (b) of this section and the business shall not be entitled to any further benefits under the program. Any such business may reapply to the program at any time.
(e) The Commissioner of Energy and Environmental Protection may establish a pilot program to attract to this state, or to support in this state, businesses which require a permit or other approval from the commissioner in order to operate in this state and which have a history of providing for the best protection of the natural environment in the operations of such business. Such program may be based on any model plan developed by a multistate working group or may replicate a pilot program developed by such a group. Such program shall provide for expedited review of permit applications and a public recognition process which may include issuance to businesses of a symbol or seal signifying the exemplary record of environmental protection and exclusive use of such symbol or seal by the business in its advertising or other public displays. Notwithstanding any provision of this title and the regulations adopted by the commissioner under this title, such program may provide for (1) less frequent reporting, consistent with federal law, of information otherwise required to be reported as a condition of the business' operation in this state, (2) a facility-wide permit for all approvals required from the commissioner for operation of a facility operated by the business in this state, (3) a permit that would allow for changes in individual processes at a facility without the need for a new permit provided the total pollutant emissions or discharge from the facility does not increase, or (4) reduced fees for any permit required from the commissioner.
(P.A. 99-226; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (e), effective July 1, 2011.
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Sec. 22a-6z. Regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976. The regulations promulgated by the federal Environmental Protection Agency as of January 1, 2001, that implement Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq. shall replace the regulations promulgated pursuant to chapters 445, 446d and 446k that pertain to the regulation of hazardous wastes unless, prior to January 1, 2002, the Commissioner of Energy and Environmental Protection has issued a public notice of intent to adopt such federal regulations and such regulations are submitted to the Secretary of the State, as provided under chapter 54, no later than June 30, 2002.
(P.A. 01-204, S. 5, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 11-80, S. 1.)
History: P.A. 01-204 effective July 1, 2002; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
See Secs. 22a-116 and 22a-130 re regulations adopted under chapter 445.
See Secs. 22a-208a, 22a-209 and 22a-231 re regulations adopted under chapter 446d.
See Sec. 22a-454 re regulations adopted under chapter 446k.
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Sec. 22a-6aa. Permit extensions. The Commissioner of Energy and Environmental Protection may continue in effect any general permit issued by the commissioner pursuant to the provisions of this title for a period of twelve months beyond the expiration date for such permit, provided the commissioner publishes notice, not later than one hundred eighty days prior to the expiration date of such general permit of the intent to renew such general permit in accordance with any applicable provision of this title. Any such general permit continued in effect beyond its expiration date shall remain in effect until the commissioner makes a final decision on the renewal of such general permit, in accordance with the provisions of this title, provided such final decision is made on or before the twelfth month after the expiration date. If no final decision is made within such time period, such general permit shall expire. The commissioner may require the remittance of a registration fee in an amount not to exceed the existing registration fee for such general permit whenever a general permit is continued in effect beyond its expiration date in accordance with the provisions of this section. Nothing in this section shall affect the obligation of any person to register for a general permit pursuant to the provisions of this title in a timely fashion or to comply with any general permit issued by the commissioner pursuant to the provisions of this title.
(P.A. 10-158, S. 5; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-6bb. Petition for public hearing. Withdrawal of petition. (a) Whenever the Commissioner of Energy and Environmental Protection is required to hold a hearing prior to approving or denying an application upon receipt of a timely filed petition signed by at least twenty-five persons pursuant to sections 22a-32, 22a-39, 22a-42a, 22a-45a, 22a-94, 22a-174, 22a-208a, 22a-349a, 22a-361, 22a-363b, 22a-371, 22a-378a, 22a-403, 22a-411, 22a-430 and 25-68d, or any regulation of the Connecticut state agencies provides that the Commissioner of Energy and Environmental Protection shall hold a hearing prior to approving or denying an application upon receipt of a timely filed petition signed by at least twenty-five persons, such petition may designate a person authorized to withdraw such petition. Such authorized person may engage in discussions regarding an application and, if a resolution is reached, may withdraw the petition.
(b) If a petition is withdrawn, the authorized person shall file written notice with the commissioner and serve a copy of the withdrawal notice upon all parties and intervenors, if any, to the proceeding. The withdrawal of a petition shall result in the termination of the hearing process initiated by the petition. If the commissioner receives more than one petition that requires the holding of a hearing, all such petitions shall be withdrawn for the hearing to terminate pursuant to this section.
(c) If the petition is withdrawn after notice of a public hearing has been published, the commissioner shall publish or cause to be published, at the applicant's expense, once in a newspaper having a substantial circulation in the affected area, notice of the termination of such hearing due to the withdrawal of a petition pursuant to this section.
(d) Notwithstanding the withdrawal of any petitions pursuant to this section, the commissioner may hold a public hearing, continue with a public hearing for which notice has been published or complete a public hearing that has already commenced prior to approving or denying an application, if the commissioner determines that holding or continuing such public hearing is in the public interest.
(P.A. 10-158, S. 7; P.A. 11-80, S. 1.)
History: P.A. 10-158 effective June 9, 2010; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
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Sec. 22a-6cc. Consulting services program. (a) For purposes of this section, “consulting services program” means a program within the Department of Energy and Environmental Protection that is substantially similar to the consulting services program administered by the Labor Department's Division of Occupational Safety and Health, under which program civil penalties are not incurred and notices of violations are not issued as the result of the consultation process, provided any noncompliance identified by the consultation process is limited to minor violations, as defined in section 22a-6s, and reasonable efforts are made by the regulated entity to comply with environmental laws and regulations.
(b) Not later than September 1, 2010, the Commissioner of Energy and Environmental Protection shall commence negotiations with the United States Environmental Protection Agency for the purposes of creating a consulting services program within the Department of Energy and Environmental Protection.
(c) Not later than October 31, 2010, the Commissioner of Energy and Environmental Protection shall reallocate existing resources and adjust existing policies to implement such consulting services program in accordance with any applicable requirement of the United States Environmental Protection Agency. If United States Environmental Protection Agency requirements are incompatible with the implementation of such consulting services program, the commissioner shall consult with representatives from regulated entities to implement alternative programs to provide compliance assistance for businesses and municipalities. Such alternative programs may include, but need not be limited to, training sessions or other materials made available on the department's Internet web site, best management practices manuals and any other form of compliance assistance.
(P.A. 10-158, S. 8; P.A. 11-80, S. 1.)
History: P.A. 10-158 effective June 9, 2010; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-6dd. Consent orders for remediation of land. Modification. Notwithstanding any provision of the general statutes, whenever the Department of Energy and Environmental Protection enters a consent order with a party concerning one or more parcels of land and such consent order requires, in whole or in part, the remediation of such land, the requirements and standards for such remediation shall not be modified by the department unless both the department and such party agree to such modification.
(P.A. 11-80, S. 1; 11-162, S. 1.)
History: Pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-6ee. Ninety-day permit application final determinations. Notwithstanding any provision of the general statutes, whether received before, on or after May 29, 2018, the Department of Energy and Environmental Protection shall make best efforts to review and make a final determination on each of the following types of permit applications not later than ninety days after receipt of such application provided such application is complete: (1) Air permits for the temporary use of radiation DTX or the temporary use of radiation RMI issued pursuant to section 22a-150, (2) aquifer protection registration issued pursuant to section 22a-354i-7 of the regulations of Connecticut state agencies, (3) certificate of permission issued pursuant to section 22a-363b, (4) disposal of special waste issued pursuant to section 22a-209 and any regulation adopted pursuant to said section, (5) collecting waste oil or petroleum or chemical liquids or hazardous waste issued pursuant to section 22a-454, (6) E-waste: Manufacturer issued pursuant to section 22a-630, (7) emergency discharge authorization issued pursuant to subsection (a) of section 22a-6k, (8) online sportsmen licensing system, (9) state park passes and bus permits issued pursuant to section 23-26, (10) state parks and forests special use licenses issued pursuant to section 23-11, (11) leases of camping sites issued pursuant to sections 23-16 and 23-16a, (12) boating permits issued pursuant to section 15-140b, (13) safe boating certifications issued pursuant to section 15-140e, (14) marine event permits issued pursuant to section 15-121-A6 of the regulations of Connecticut state agencies, (15) marine dealer certificates issued pursuant to section 15-121-B5 of the regulations of Connecticut state agencies, (16) navigation marker permit issued pursuant to section 15-121-A5 of the regulations of Connecticut state agencies, (17) regulatory marker permit issued pursuant to section 15-121-A5 of the regulations of Connecticut state agencies, (18) water ski slalom course or jump permit issued pursuant to section 15-134, (19) inland fishing licenses issued pursuant to section 26-112, (20) marine recreational and commercial licenses, (21) hunting and trapping issued pursuant to section 26-30, (22) nonshooting field trial issued pursuant to section 26-51-2 of the regulations of Connecticut state agencies, (23) private land shooting preserve permit issued pursuant to section 26-48, (24) regulated hunting dog training applications issued pursuant to sections 26-49, 26-51 and 26-52, (25) scientific collection permit for aquatic species, plants and wildlife, and for educational mineral collection issued pursuant to section 26-60, (26) commercial fishing licenses and permits issued pursuant to section 26-142a, (27) nuisance wildlife control operator issued pursuant to subsection (b) of section 26-47, (28) taxidermist issued pursuant to section 26-58, and (29) wildlife rehabilitator issued pursuant to section 26-54. Unless an applicant provides the department with additional time, in writing, the department shall ensure that all deficiencies in any of the applications for a permit described in this section are identified and the applicant notified, in writing, of such deficiencies not later than ninety days after the department received such application.
(June Sp. Sess. P.A. 17-2, S. 561; P.A. 18-121, S. 1.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017; P.A. 18-121 added “make best efforts to” re department's review and final determination on permit applications, substantially amended provisions re types of applications to be reviewed, including deleting certain types, adding other types, adding statute references and redesignating provisions, deleted provision re application deemed approved if final determination on application not made following 90 day period, and added provision re department to ensure deficiencies in applications for permit are identified and applicant notified, effective May 29, 2018.
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Sec. 22a-6ff. Permit preapplication meetings. (a) The Internet web site of the Department of Energy and Environmental Protection shall include an electronic form to request a preapplication meeting with the department to discuss the application for any permit necessary for the initiation of a new business or new manufacturing production line or the expansion of an existing business. A business may also request such a preapplication meeting in person, in writing or by telephone.
(b) Not later than thirty days after receiving a request for a preapplication meeting in accordance with subsection (a) of this section, the Commissioner of Energy and Environmental Protection shall make reasonable efforts to schedule a meeting with the requesting business, identify the information required to process the applications that are the subject of the preapplication meeting and provide such business with an estimated timeframe in which the commissioner would anticipate issuing a final decision on such applications.
(c) The commissioner shall survey each business that requested a preapplication meeting in accordance with subsection (a) of this section following the final decision on the applications that were the subject of such meeting. The survey shall collect information concerning the experience of each such business with the preapplication and permitting process. A summary of the information collected from such surveys and the average time for processing applications that were the subject of preapplication meetings shall be included in the annual report required by section 22a-6r.
(P.A. 18-146, S. 1.)
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Sec. 22a-6gg. Maximization of federal funds for state climate change projects. Biennial report. The Commissioner of Energy and Environmental Protection shall maximize the state's receipt of any federal funds designated for state projects intended to increase resiliency to the effects of climate change, including, but not limited to, coastal resiliency projects. Such maximization shall include, but not be limited to, the identification of any such federal funds. Not later than January 1, 2024, and biennially thereafter, the commissioner shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment that details the commissioner's efforts undertaken pursuant to this section, including any federal funds identified, any application or request for such funds that the commissioner submitted, any such funds received by the state and any resiliency project funded, in whole or in part, by such federal funds. Such report shall include any recommendations for the state to be able to maximize receipt of any such federal funds.
(P.A. 23-140, S. 3.)
History: P.A. 23-140 effective June 27, 2023.
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Sec. 22a-6hh. Bond authorization. Proceeds used to provide low interest loans for climate resiliency projects. (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate ten million dollars.
(b) The proceeds of the sale of such bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Energy and Environmental Protection for the purpose of providing low interest loans for climate resiliency projects pursuant to section 22a-6ii.
(c) All provisions of section 3-20, or the exercise of any right or power granted thereby, that are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section. Temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of such bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization that is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Such bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on such bonds as the same become due, and accordingly and as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.
(P.A. 24-151, S. 58.)
History: P.A. 24-151 effective July 1, 2024.
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Sec. 22a-6ii. Climate Resiliency Revolving Loan Fund. Program to provide low interest loans for infrastructure repairs and resiliency projects. (a) There is established a revolving loan fund to be known as the “Climate Resiliency Revolving Loan Fund”. The fund may be funded from the proceeds of bonds issued pursuant to section 22a-6hh or from any moneys available to the Commissioner of Energy and Environmental Protection or from other sources. Investment earnings credited to the fund shall become part of the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year. Payments of principal or interest on a low interest loan made pursuant to this section shall be paid to the State Treasurer for deposit in the Climate Resiliency Revolving Loan Fund. The fund shall be used to make low interest loans pursuant to this section and to pay reasonable and necessary expenses incurred in administering loans under this section. The Commissioner of Energy and Environmental Protection may enter into contracts with nonprofit corporations to provide for the administration of the Climate Resiliency Revolving Loan Fund by such nonprofit corporations, provided no low interest loan shall be made from the fund without the authorization of the commissioner as provided in this section.
(b) The Commissioner of Energy and Environmental Protection shall establish a program to provide low interest loans from the fund established in subsection (a) of this section to municipalities and private entities for infrastructure repairs and resiliency projects in response to unplanned climate events. Such repairs and projects may not include rehousing or temporary assistance costs. The commissioner shall develop eligibility criteria and application forms to be used in selecting among applicants for such loans. On and after October 1, 2024, the commissioner, or any program administrator the commissioner may designate, shall accept applications from any municipality or private entity for such loans.
(c) On or before January 1, 2025, and annually thereafter, the Commissioner of Energy and Environmental Protection shall file a report, in accordance with the provisions of section 11-4a, with the joint standing committee of the General Assembly having cognizance of matters relating to the environment regarding the status of the program, including information on the number of loans issued, the individual amount of each loan and the total amount of loans issued and any recommendations for legislation related to the program.
(P.A. 24-151, S. 59.)
History: P.A. 24-151 effective July 1, 2024.
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Sec. 22a-7. Cease and desist orders. Service. Hearings. Injunctions. (a) The commissioner, whenever he finds after investigation that any person is causing, engaging in or maintaining, or is about to cause, engage in or maintain, any condition or activity which, in his judgment, will result in or is likely to result in imminent and substantial damage to the environment, or to public health within the jurisdiction of the commissioner under the provisions of chapters 440, 441, 442, 445, 446a, 446c, 446d, 446j and 446k, or whenever he finds after investigation that there is a violation of the terms and conditions of a permit issued by him that is in his judgment substantial and continuous and it appears prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, or whenever he finds after investigation that any person is conducting, has conducted, or is about to conduct an activity which will result in or is likely to result in imminent and substantial damage to the environment, or to public health within the jurisdiction of the commissioner under the provisions of chapters 440, 441, 442, 445, 446a, 446c, 446d, 446j and 446k for which a license, as defined in section 4-166, is required under the provisions of chapter 440, 441, 442, 445, 446a, 446c, 446d, 446j or 446k without obtaining such license, may, without prior hearing, issue a cease and desist order in writing to such person to discontinue, abate or alleviate such condition or activity.
(b) The commissioner shall serve any cease and desist order issued pursuant to this section in accordance with the provisions of section 52-57. The commissioner may also cause a copy of the order to be posted upon property which is the subject of the order, and no action for trespass shall lie for such posting. A cease and desist order shall be binding upon all persons against whom it is issued, their agents and any independent contractor engaged by such persons.
(c) Upon receipt of such order such person shall immediately comply with such order. The commissioner shall, within ten days of the date of receipt of such order by all persons served with such order, hold a hearing to provide any such person an opportunity to be heard and show that such condition does not exist or such violation has not occurred or a license was not required or all required licenses were obtained. All briefs or legal memoranda to be presented in connection with such hearing shall be filed not later than ten days after such hearing. Such order shall remain in effect until fifteen days after the hearing within which time a new decision based on the hearing shall be made.
(d) The Attorney General, upon the request of the commissioner, may institute an action in the superior court for the judicial district of Hartford to enjoin any person from violating a cease and desist order issued pursuant to this section and to compel compliance with such order.
(1971, P.A. 872, S. 8; P.A. 73-665, S. 4, 17; P.A. 83-69; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-301; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-209, S. 15.)
History: P.A. 73-665 allowed commissioner to issue cease and desist order if person is “about to cause, engage in or maintain” a questionable activity where previously such order could be issued only after a questionable activity was initiated, substituted “imminent and substantial” damage for “irreversible or irreparable” damage, and made other minor changes; P.A. 83-69 gave the commissioner authority to issue cease and desist orders for public health violations within his jurisdiction and for substantial and continuous permit violations; P.A. 91-301 divided section into Subsecs., adding provisions concerning the issuance and service of, as well as hearings related to and injunctions to enforce, cease and desist orders of the commissioner (Revisor's note: Pursuant to P.A. 88-230 and P.A. 90-98, the phrase “judicial district of Hartford” shall be substituted for “judicial district of Hartford-New Britain at Hartford”, effective September 1, 1991); 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. 98-209 amended Subsec. (a) to authorize cease and desist orders re pesticides and dams and reservoirs.
See Sec. 52-473a re court order enjoining or restraining enforcement of cease and desist order issued with respect to Ch. 446c.
Cited. 194 C. 677; 204 C. 38; Id., 212; 215 C. 82; Id., 616; 227 C. 545; 239 C. 124.
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Sec. 22a-7a. Bond on appeal from final decision. In any appeal from a final decision made by the Commissioner of Energy and Environmental Protection in accordance with the provisions of sections 22a-123, 22a-174, 22a-181, 22a-428, 22a-430 and 22a-431, subsection (c) of section 22a-449 and sections 22a-461 and 22a-471, the court, if it finds that there is probable cause to believe that a violation exists, may require the filing of a surety bond or other security with the court prior to granting a stay of such decision. In setting the amount of any such bond or other security, the court shall consider the cost of compliance with such decision and the potential harm to the public from the actions of the aggrieved party pending the final disposition of the appeal.
(P.A. 83-293; 83-587, S. 82, 96; P.A. 86-239, S. 4, 14; P.A. 88-364, S. 79, 123; P.A. 11-80, S. 1.)
History: P.A. 83-587 added references to Secs. 22a-181, 22a-430 and 22a-461; P.A. 86-239 repealed reference to Sec. 22a-418; P.A. 88-364 made a technical change by deleting an obsolete reference; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-7b. Certificate showing compliance with order to correct or abate a polluted or environmentally hazardous condition. Whenever the Commissioner of Energy and Environmental Protection has filed a copy of an order to correct or abate a polluted or environmentally hazardous condition, or notice thereof, on the land records in the town where the property is located, and such order has been fully complied with, the commissioner shall issue a certificate showing such compliance. The certificate shall be recorded on the land records in the town where the order was previously recorded.
(P.A. 90-270, S. 37, 38; P.A. 11-80, S. 1.)
History: P.A. 90-270, S. 37 effective June 8, 1990, and applicable to assessment years of municipalities commencing on or after October 1, 1990; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-8. State-wide environmental plan. Advisory board. Annual conference. (a) The commissioner shall formulate and from time to time revise a state-wide environmental plan for the management and protection of the quality of the environment and the natural resources of the state in furtherance of legislative policy. The plan shall establish environmental goals and objectives and describe strategies for their achievement. In developing the plan the commissioner shall consider any other state-wide policies and plans he deems appropriate. The first of such plans shall be submitted to the Governor for his approval on or before September 1, 1987, and revisions, at intervals of five years thereafter, shall be made thereto. Upon its approval by the Governor, such plan shall serve as a guide for the people of the state and for the state and its political subdivisions for the preservation of the environment.
(b) The commissioner shall establish an advisory board to assist him in preparing the plan and any revisions thereto. The board shall reflect the state's geographical diversity and include members representing municipalities, environmental groups, business and industries, education and the public and any other persons the commissioner deems appropriate.
(c) The commissioner shall annually conduct a conference to report achievement of the goals and objectives established in the plan and to encourage public discussion of environmental concerns.
(1971, P.A. 872, S. 9; P.A. 78-303, S. 100, 136; P.A. 83-587, S. 42, 96; P.A. 84-546, S. 130, 173; P.A. 85-613, S. 102, 154; P.A. 87-142, S. 1, 3.)
History: P.A. 78-303 deleted reference to repealed Sec. 24-5; P.A. 83-587 deleted reference to Secs. 25-28 and 25-29; P.A. 84-546 made technical change, substituting reference to Sec. 14-164c for reference to Sec. 14-100c; P.A. 85-613 made technical changes, updating list of cited sections; P.A. 87-142 amended Subsec. (a) by deleting specific statutory citations and substituting reference to environmental goals and objectives, and added Subsec. (b) establishing an advisory board and Subsec. (c) regarding an annual conference.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-8a. Commissioner to inventory hazardous waste disposal sites. The Commissioner of Energy and Environmental Protection shall compile an inventory of any sites in this state which have been used for toxic or hazardous waste disposal, and the types and amounts of such wastes disposed of at any such sites and shall submit such inventory to the joint standing committee of the General Assembly having cognizance of matters relating to the environment not later than January 15, 1981.
(P.A. 79-605, S. 13, 17; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-9. Commissioner as agent of state and political subdivisions. The commissioner shall act as the official agent of the state in all matters affecting the purposes of this title and sections 2-20a, 5-238a, subsection (c) of section 7-131a, sections 7-131e, 7-131f, subsection (a) of section 7-131g, sections 7-131i, 7-131l, subsection (a) of section 10-409, subdivisions (51) and (52) of section 12-81, subdivisions (21) and (22) of section 12-412, subsections (a) and (b) of section 13a-94, sections 13a-142a, 13b-56, 13b-57, 14-100b, 14-164c, chapter 268, sections 16a-103, 22-91c, 22-91e, subsections (b) and (c) of section 22a-148, section 22a-150, subdivisions (2) and (3) of section 22a-151, sections 22a-153, 22a-154, 22a-155, 22a-158, chapter 446c, sections 22a-295, 22a-300, 22a-308, 22a-416, chapters 446h to 446k, inclusive, chapters 447 and 448, sections 23-35, 23-37a, 23-41, chapter 462, section 25-34, chapter 477, subsection (b) of section 25-128, subsection (a) of section 25-131, chapters 490 and 491 and sections 26-257, 26-297, 26-303 and 47-46a, under any federal laws now or hereafter to be enacted and as the official agent of any municipality, district, region or authority or other recognized legal entity in connection with the grant or advance of any federal or other funds or credits to the state or through the state, to its political subdivisions.
(1971, P.A. 872, S. 10; P.A. 78-303, S. 101, 136; P.A. 83-587, S. 43, 96; P.A. 84-546, S. 131, 173; P.A. 85-613, S. 103, 154; P.A. 96-17, S. 6; P.A. 97-295, S. 11, 25; P.A. 98-262, S. 14, 22; P.A. 02-103, S. 33; P.A. 13-205, S. 11.)
History: P.A. 78-303 deleted reference to repealed Sec. 24-5; P.A. 83-587 deleted reference to Secs. 25-28 and 25-29; P.A. 84-546 made technical change, substituting reference to Sec. 14-164c for reference to Sec. 14-100c; P.A. 85-613 made technical changes, updating list of cited sections; P.A. 96-17 deleted a reference to repealed Sec. 25-127; P.A. 97-295 deleted references to Secs. 12-217c, 12-217d, 12-252a, 12-252b, 12-258b, 12-258i, 12-265b and 12-265c, effective July 8, 1997, and applicable to income years commencing on or after January 1, 1998; P.A. 98-262 revised effective date of P.A. 97-295, but without affecting this section; P.A. 02-103 made a technical change; P.A. 13-205 deleted reference to Sec. 22a-156.
Cited. 204 C. 38; Id., 212.
Cited. 32 CA 340.
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Sec. 22a-10. Payment of refunds. The Comptroller, upon application of the Commissioner of Energy and Environmental Protection, may draw his order upon the Treasurer in favor of any person equitably entitled to the refund of any money paid to any component agency of the Department of Energy and Environmental Protection or to said department, for the amount of such refund as determined by said commissioner.
(1971, P.A. 872, S. 151; P.A. 73-162; P.A. 77-614, S. 19, 610; P.A. 79-66; P.A. 80-275; P.A. 11-80, S. 1.)
History: P.A. 73-162 made provisions applicable to payments made to department of environmental protection as well as to any of its component agencies; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 79-66 required that secretary of office of policy and management approve refunds in excess of $50, rather than $25; P.A. 80-275 deleted provision requiring approval of secretary of office of policy and management for refunds of more than $50; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-11. Council on Environmental Quality. There shall be a Council on Environmental Quality which shall be within the Department of Energy and Environmental Protection for administrative purposes only. Said council shall consist of nine members, five to be appointed by the Governor, two to be appointed by the speaker of the House of Representatives and two to be appointed by the president pro tempore of the Senate. No member shall be allowed to serve more than eight years of any twelve-year period. The Governor shall fill any vacancy by appointment for the unexpired portion of the term vacated. The chairman of said council shall be selected by the Governor. Members of said council shall receive no compensation for their services thereon, but shall be reimbursed for necessary expenses in the performance of their duties. Said council shall hold one meeting each month and such additional meetings as may be prescribed by council rules. In addition, special meetings may be called by the chairman or by any three members upon delivery of forty-eight hours' written notice to each member. Five members shall constitute a quorum and not fewer than three votes shall be required for any final determination of said council. The council may employ an executive director, exclusive of the provisions of chapter 67 and such additional staff and consultants as may be necessary to carry out its duties, within available appropriations.
(1971, P.A. 872, S. 437; 1972, S.A. 53, S. 15; P.A. 74-271, S. 1, 3; P.A. 77-614, S. 319, 610; P.A. 11-80, S. 1.)
History: 1972 act specified that council is autonomous body but within environmental protection department for fiscal and budgetary purposes and deleted provisions re initial appointment of council members; P.A. 74-271 empowered council to employ executive director and necessary staff and consultants as necessary but within available appropriations; P.A. 77-614 placed council within environmental protection department for “administrative” rather than “fiscal and budgetary” purposes, deleted provision re appointment of members succeeding those whose terms expire and setting terms at three years, increased number of years a member may serve within any twelve-year period from six to eight years and deleted requirement that chairman be selected “annually”, effective January 1, 1979; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
See Sec. 4-38f for definition of “administrative purposes only”.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-12. Environmental quality report. Review of state agency construction plans. Exception. (a) The council shall submit annually to the Governor an environmental quality report, which shall set forth: (1) The status of the major environmental categories including, but not limited to, the air, the water and the land environment; (2) current and foreseeable trends in the quality, management and utilization of the environment and the effects of such trends on the social, economic and health requirements of the state; (3) the adequacy of available natural resources for fulfilling human and economic requirements of the state in the light of projected population pressures; (4) a review of the programs and activities of the state and local governments and private organizations, with particular reference to their effect on the environment and on the conservation, development and utilization of natural resources, including, but not limited to, programs and measures of local governments implemented pursuant to subsection (d) of section 22a-244b; (5) a program for remedying the deficiencies of existing programs and activities, together with recommendations for legislation; and (6) the progress towards achievement of the goals and objectives established in the state-wide environmental plan.
(b) The council shall have the authority to require submission by all state agencies, at all stages of development, of construction plans for review and comment by the council which shall include, but not be limited to, all plans of the Department of Transportation which anticipate the paving or building upon land not previously paved or built upon, and location or expansion of noise-producing facilities such as airports; and all plans of the Department of Administrative Services which anticipate the paving or building upon land not previously paved or built upon, the construction of structures occupying a substantially greater air space than predecessor structures in the same location, and the location or expansion of noise or pollution-producing facilities such as heating plants, but which shall not include the conversion by The University of Connecticut of a commercial or office structure to an educational structure; provided the function of the council with respect to such plans shall be advisory and consultative only.
(1971, P.A. 872, S. 438; P.A. 77-614, S. 73, 610; P.A. 87-142, S. 2, 3; 87-496, S. 91, 110; P.A. 95-230, S. 43, 45; P.A. 11-51, S. 90; P.A. 13-247, S. 200; P.A. 23-76, S. 1.)
History: P.A. 77-614 replaced previous provision which established public works commissioner as head of public works department; P.A. 87-142 added Subsec. (a)(6) re state-wide environmental plan; P.A. 87-496 substituted public works department for administrative services department in Subsec. (b); P.A. 95-230 amended Subsec. (b) to add exemption for The University of Connecticut, effective June 7, 1995; pursuant to P.A. 11-51, “Department of Public Works” was changed editorially by the Revisors to “Department of Construction Services” in Subsec. (b), effective July 1, 2011; pursuant to P.A. 13-247, “Department of Construction Services” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (b), effective July 1, 2013; P.A. 23-76 amended Subsec. (a)(4) to add provision re programs and measures of local governments implemented pursuant to Sec. 22a-244b(d), effective June 26, 2023.
Cited. 204 C. 38; Id., 212.
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Sec. 22a-13. Citizen complaints. The council is empowered to receive and investigate citizen complaints alleging violation of any statute or regulation in respect to environmental quality. When the chairman of the council determines that matters alleged in a citizen complaint cannot be resolved by referring the complaint to another appropriate regulatory agency, he shall so inform the Commissioner of Energy and Environmental Protection who may hold a hearing concerning such complaint, having given appropriate written notice and opportunity to be heard to all interested parties, and shall proceed thereon in accordance with the provisions of this title or the applicable provisions of those chapters or sections referred to in section 22a-6.
(1971, P.A. 872, S. 439; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 192 C. 591; 204 C. 38; Id., 212; 238 C. 216.
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Sec. 22a-14. Short title: Environmental Protection Act of 1971. Sections 22a-14 to 22a-20, inclusive, shall be known and may be cited as the “Environmental Protection Act of 1971”.
(1971, P.A. 96, S. 1.)
Cited. 170 C. 47; 175 C. 483; 184 C. 51; 192 C. 591; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 234 C. 488; 237 C. 135; 239 C. 786. 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 defendants. 282 C. 791.
Cited. 30 CA 204; 41 CA 89; Id., 120.
Cited. 35 CS 145.
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Sec. 22a-15. Declaration of policy. It is hereby found and declared that there is a public trust in the air, water and other natural resources of the state of Connecticut and that each person is entitled to the protection, preservation and enhancement of the same. It is further found and declared that it is in the public interest to provide all persons with an adequate remedy to protect the air, water and other natural resources from unreasonable pollution, impairment or destruction.
(1971, P.A. 96, S. 2.)
Cited. 170 C. 47; 175 C. 483; 184 C. 51; 192 C. 591; 197 C. 134; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 233 C. 486; 234 C. 488; 235 C. 448; 237 C. 135; 239 C. 786.
Cited. 30 CA 204; 41 CA 89; Id., 120.
Cited. 35 CS 145. There is a “public trust” in the natural resources of our state and each person is entitled to their “protection, preservation, and enhancement”. 48 CS 594.
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Sec. 22a-16. Action for declaratory and equitable relief against unreasonable pollution. The Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may maintain an action in the superior court for the judicial district wherein the defendant is located, resides or conducts business, except that where the state is the defendant, such action shall be brought in the judicial district of Hartford, for declaratory and equitable relief against the state, any political subdivision thereof, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity, acting alone, or in combination with others, for the protection of the public trust in the air, water and other natural resources of the state from unreasonable pollution, impairment or destruction provided no such action shall be maintained against the state for pollution of real property acquired by the state under subsection (e) of section 22a-133m, where the spill or discharge which caused the pollution occurred prior to the acquisition of the property by the state.
(1971, P.A. 96, S. 3; P.A. 78-280, S. 2, 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-428, S. 31, 39; P.A. 95-220, S. 4–6.)
History: P.A. 78-280 substituted “judicial district” for “county” and “judicial district of Hartford-New Britain” for “Hartford county”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-428 provided that no action could be maintained under this section for certain properties acquired by the state pursuant to Sec. 22a-133m, the urban sites remediation program, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 170 C. 47; 175 C. 483; 179 C. 541; 184 C. 51; 192 C. 247. Section did not provide plaintiffs with standing under any statute other than the Environmental Protection Act itself. Id., 591. Cited. 197 C. 134; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; Id., 280; 226 C. 205; Id., 579; 227 C. 175; 229 C. 479; 234 C. 488; 237 C. 135; 239 C. 786. Plaintiff lacked standing to bring action pursuant to section and litigate permitting claims that are governed by Sec. 22a-430 and are within exclusive domain of department. 254 C. 21. All that is required to invoke jurisdiction of Superior Court under section is a colorable claim by “any person” against “any person” of conduct resulting in harm to one or more natural resources of this state and in this case, plaintiff has standing under section but has not alleged factual allegations sufficient to support plaintiff's claims against defendant because section does not expand jurisdiction of the town agency to consider environmental matters not otherwise within its jurisdiction; plaintiff's claim against city based on a statutory duty is within scope of statute; plaintiff also has standing against permit applicant on grounds that its proposed demolition activities will result in unreasonable harm to state's natural resources. 262 C. 480. Plaintiff failed to establish statutory standing under section because plaintiff's complaint fell short of articulating a colorable claim of unreasonable pollution, impairment or destruction of the environment. 265 C. 423. Plaintiff lacked standing to bring action pursuant to section where the area in question is expressly placed within exclusive domain of commissioner. 267 C. 116. Trial court properly determined airport defendants should not be required to restore land to its original condition and properly determined amount of monetary penalties. 275 C. 105. Commissioner had standing to make claim that clear-cutting of trees by airport defendant constituted unreasonable pollution. Id., 161. Plaintiff made a colorable claim of unreasonable harm to the environment sufficient to establish standing to seek relief; 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. 282 C. 791. Section authorizes “any person” to bring an action for enforcement of provisions and plaintiffs had standing to bring action upon allegation that development had resulted in destruction of wetlands and was likely to cause irreparable harm to surrounding ecosystem and watercourses. 284 C. 268. Plaintiff has standing under section to claim that existing permit renewal process is inadequate to protect rights recognized by Environmental Protection Act. 291 C. 789. Plaintiff failed to establish standing under section because complaint re increased power generation at nuclear power station did not allege substantive violations giving rise to unreasonable pollution. 300 C. 542. Issuance of a renewal permit did not render present action moot because it did not resolve or terminate the controversies because the trial court could determine that the permit renewal proceeding was inadequate to protect against unreasonable pollution. 323 C. 668.
Cited. 4 CA 621; 30 CA 204; 40 CA 75; 41 CA 89; Id., 120. Wetlands constitute a natural resource of this state and the purpose for enacting section was to prevent their unreasonable “pollution, impairment or destruction”; plaintiff had standing to bring action pursuant to section where complaint alleged defendant developer's construction activities were unlawfully impairing or destroying wetlands because of failure to follow procedures established by Sec. 22a-42a(b) and inland wetland regulations. 49 CA 684. Section imposed a standard of care on defendants, the violation of which constituted negligence per se, because plaintiff, who alleged damage to his pond caused by erosion, turbidity and siltation from nonfunctioning erosion and sediment control measures, was within the class of persons protected by section and the alleged injury is of the type section intended to prevent. 122 CA 555. Plaintiff could not prevail on claim that trial court improperly relied on Sec. 26-92 governing wild birds as the standard for determining whether defendant's conduct was an unreasonable impairment because Sec. 26-92 addresses the parakeets by name, identifies when they are exempt from protections, governs the conduct in question and provides the standard by which the court is to judge the evidence. 124 CA 823. Although plaintiff does not facially challenge the validity of permit to run cooling system for nuclear power plant on environmental grounds, that is the essence of her claim, and the court properly concluded that plaintiff did not have standing to pursue her claim under the act. 129 CA 203. The mere allegation that defendant has failed to comply with a certain technical or procedural requirement of a statute imposing environmental standards does not, in and of itself, give rise to a colorable claim of unreasonable pollution under section. 140 CA 155.
Commissioner does not have right to act directly under statute to seek declaratory or equitable relief; he is limited under Inland Wetlands and Water Courses Act to promulgating regulations and appealing decisions of municipal commissions. 35 CS 145. Section is example of a legislative enactment of what has been described as expanding doctrine of “private attorney generals”, who are empowered to institute proceedings to vindicate the public interest; by utilizing this procedure, legislature expanded the number of potential guardians of the public interest in the environment into the millions, instead of relying exclusively on limited resources of a particular agency. 48 CS 594. Plaintiff cannot claim standing under section on the basis that there are now and will be mandatory plans for the development of the property when the complaint sets forth no allegations of proposed or adopted plans for such future development. 51 CS 590.
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Sec. 22a-16a. Supplemental environmental projects or financial contributions in lieu of penalty for environmental violations. In any action brought by the Attorney General under section 22a-16 or under any provision of this title which provides for a civil or criminal penalty for a violation of such provision, the court, in lieu of any other penalties, damages or costs awarded, or in addition to a reduced penalty, damages or costs awarded, may order the defendant (1) to provide for the restoration of any natural resource or the investigation, remediation or mitigation of any environmental pollution on or at any real property which resource or property are unrelated to such action, (2) to provide for any other project approved by the Commissioner of Energy and Environmental Protection for the enhancement of environmental protection or conservation of natural resources, (3) to make a financial contribution to an academic or government-funded research project related to environmental protection or conservation of natural resources, or (4) to make a financial contribution to the Special Contaminated Property Remediation and Insurance Fund established under section 22a-133t provided the total aggregate amount of all contributions to said fund under this section shall not exceed one million dollars per fiscal year. No defendant carrying out any order under this section may claim or represent that its expenses in so doing constitute ordinary business expenses or charitable contributions or any other type of expense other than a penalty for a violation of the environmental laws.
(P.A. 95-218, S. 15; P.A. 96-250, S. 1, 7; P.A. 98-134, S. 2; P.A. 11-80, S. 1.)
History: P.A. 96-250 added Subdiv. (4) re contributions to Special Contaminated Property Remediation and Insurance Fund, effective July 1, 1996; (Revisor's note: In 1997 the word “to” was added editorially by the Revisors after the Subdiv. indicators “(3)” and “(4)” for consistency); P.A. 98-134 expanded scope of projects to include investigation of pollution and made a technical change; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Trial court properly concluded that corporate officer was personally liable for cutting trees. 275 C. 105.
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Sec. 22a-17. Defense. Appointment of master or referee. (a) When the plaintiff in any such action has made a prima facie showing that the conduct of the defendant, acting alone, or in combination with others, has, or is reasonably likely unreasonably to pollute, impair or destroy the public trust in the air, water or other natural resources of the state, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also prove, by way of an affirmative defense, that, considering all relevant surrounding circumstances and factors, there is no feasible and prudent alternative to the defendant's conduct and that such conduct is consistent with the reasonable requirements of the public health, safety and welfare. Except as to the aforesaid affirmative defense, nothing in this section shall be construed to affect the principles of burden of proof and weight of the evidence generally applicable in civil actions.
(b) The court before which such action is brought may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a report to the court in the action. The costs of such appointment may be apportioned to the parties if the interests of justice require.
(1971, P.A. 96, S. 4.)
Cited. 170 C. 47; 175 C. 483. Because trial court did not apply the statutory burden-shifting test, it did not decide whether plaintiff's prima facie case was sufficiently rebutted; reversal required because court did not follow statute. 184 C. 51. Cited. 192 C. 591; 197 C. 134; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 234 C. 488; 237 C. 135; 239 C. 786.
Cited. 30 CA 204; 41 CA 89; Id., 120. Plaintiff failed to provide requisite proof that the conduct of defendants, alone or in combination with others, very likely caused not merely a de minimis pollution, impairment or destruction of a natural resource, but an unreasonable one. 140 CA 155.
Cited. 35 CS 145.
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Sec. 22a-18. Powers of court. (a) The court may grant temporary and permanent equitable relief, or may impose such conditions on the defendant as are required to protect the public trust in the air, water and other natural resources of the state from unreasonable pollution, impairment or destruction.
(b) If administrative, licensing or other such proceedings are required or available to determine the legality of the defendant's conduct, the court in its discretion may remand the parties to such proceedings. In so remanding the parties the court may grant temporary equitable relief where necessary for the protection of the public trust in the air, water and other natural resources of the state from unreasonable pollution, impairment or destruction and the court shall retain jurisdiction of the action pending completion of administrative action for the purpose of determining whether adequate consideration by the agency has been given to the protection of the public trust in the air, water or other natural resources of the state from unreasonable pollution, impairment or destruction and whether the agency's decision is supported by competent material and substantial evidence on the whole record.
(c) If the agency's consideration has not been adequate, and notwithstanding that the agency's decision is supported by competent material and substantial evidence on the whole record, the court shall adjudicate the impact of the defendant's conduct on the public trust in the air, water or other natural resources of the state in accordance with sections 22a-14 to 22a-20, inclusive.
(d) Where, as to any administrative, licensing or other proceeding, judicial review thereof is available, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.
(e) The court may award any person, partnership, corporation, association, organization or other legal entity which maintains an action under section 22a-16 or intervenes as a party in an action for judicial review under section 22a-19, and obtains declaratory or equitable relief against the defendant, its costs, including reasonable costs for witnesses, and a reasonable attorney's fee.
(1971, P.A. 96, S. 5; P.A. 90-222, S. 4.)
History: P.A. 90-222 added Subsec. (e) re award of costs and attorney's fee.
Cited. 170 C. 47; 175 C. 483; 184 C. 51; 192 C. 591; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 227 C. 175; 234 C. 488; 237 C. 135; 239 C. 786. Environmental Protection Act does not embody the exhaustion of administrative remedies doctrine as a subject matter jurisdictional limit on court's entertainment of an action under it. 260 C. 506. Subsec. (a) does not give a trial court independent authority to enter an injunction in an administrative appeal involving an intervention under Sec. 22a-19; Subsecs. (b) to (d) do not apply to proceedings with interventions and do not apply to or enlarge the powers of a trial court hearing an action in which intervenor has raised environmental claims pursuant to Sec. 22a-19, but rather only apply to independent actions brought under Sec. 22a-16. 318 C. 431.
Cited. 30 CA 204; 41 CA 89; Id., 120.
Cited. 35 CS 145.
Subsec. (e):
Trial court properly concluded that as used in Subsec., “person” does not include public entities such as commissioner among those entities who may recover costs and reasonable attorney's fees. 286 C. 687.
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Sec. 22a-19. Administrative proceedings. (a)(1) In any administrative, licensing or other proceeding, and in any judicial review thereof made available by law, the Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state.
(2) The verified pleading shall contain specific factual allegations setting forth the nature of the alleged unreasonable pollution, impairment or destruction of the public trust in air, water or other natural resources of the state and should be sufficient to allow the reviewing authority to determine from the verified pleading whether the intervention implicates an issue within the reviewing authority's jurisdiction. For purposes of this section, “reviewing authority” means the board, commission or other decision-making authority in any administrative, licensing or other proceeding or the court in any judicial review.
(b) In any administrative, licensing or other proceeding, the agency shall consider the alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state and no conduct shall be authorized or approved which does, or is reasonably likely to, have such effect as long as, considering all relevant surrounding circumstances and factors, there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety and welfare.
(1971, P.A. 96, S. 6; P.A. 06-196, S. 256; P.A. 13-186, S. 1.)
History: P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006; P.A. 13-186 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re verified pleadings.
Could not have been invoked in a manner so as to enable the trial court to determine whether P.U.C. acted illegally or exceeded or abused its powers. 165 C. 687. Cited. 170 C. 47; 175 C. 483; 184 C. 51; 188 C. 141. Statute is not intended to expand jurisdictional authority of an administrative body whenever an intervenor raises environmental issues. 192 C. 247. Cited. Id., 591; 204 C. 38; Id., 212; 209 C. 609; 212 C. 157; Id., 710. Agricultural land is not a natural resource protected under statute. Id., 727. Cited. 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 225 C. 1; 226 C. 205; Id., 579; Id., 792; 231 C. 934; 234 C. 488. Judgment of Appellate Court in 35 CA 646 reversed; case remanded for determination of whether commission properly applied provisions of section. 235 C. 448. Cited. 237 C. 135; 239 C. 124; Id., 786. Legislature intended that, under Sec. 8-30g(c), planning and zoning commission bears burden of proving that public interest cannot be protected by reasonable changes to applicant's proposed development and such burden is not inconsistent with section. 256 C. 674. Section, as well as other provisions of Environmental Protection Act, reveals no language that suggests legislature intended to give environmental intervenors under section the right to appeal from administrative matters not otherwise appealable; section does not create an independent right of appeal, but only allows intervention in an appeal otherwise allowed by statute. 266 C. 338. 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. Intervenors before inland wetlands commission were entitled to appeal to trial court from commission's decision pursuant to Sec. 22a-43; an intervenor can prevail on appeal not only by proving that proposed development likely would cause harm to wetlands, but also by proving an inland wetlands commission's decision was not based on a determination, supported by substantial evidence, that the development complied with governing statutes and regulations and would not cause such harm. 289 C. 12.
Cited. 12 CA 47; 13 CA 400; 17 CA 320; 23 CA 188; 26 CA 599; Id., 942; 27 CA 479; 30 CA 204; 32 CA 340; 35 CA 646; judgment reversed, see 235 C. 448; 41 CA 89; Id., 120. Statute does not permit a nonparty to appeal if no party from the underlying proceeding is engaged in an appeal. 57 CA 589. Environmental intervenor abdicated right to approve settlement between plaintiff and defendant by failing to attend hearing and present evidence. 127 CA 634. Plaintiff forfeited right to consent to settlement agreement by failing to raise environmental issues as an intervenor at remand hearing. 133 CA 173. Public hearing on environmental impact evaluation in which the plaintiff sought to intervene was not a “proceeding” under section and department had discretion to reject plaintiff's petition; further, if department had wrongfully denied plaintiff's petition, such action would not constitute a violation of plaintiff's constitutional rights because section does not create a constitutional right of intervention. 203 CA 419.
Cited. 35 CS 145; 41 CS 184; 42 CS 57. Nonprofit environmental advocacy corporation that properly filed notice of intervention at a zoning commission hearing in accordance with Subsec. (a) has standing to appeal environmental issues related to zoning commission's decision; the fact that, if as alleged, defendant failed to act on the application to intervene cannot deprive the corporation of right to intervene and the concomitant right thereby to appeal on environmental issues. 48 CS 594.
Subsec. (a):
Cited. 206 C. 554; 218 C. 821; 220 C. 476; 233 C. 486. Does not authorize an intervenor to raise environmental issues that are outside jurisdiction of the agency conducting the proceeding into which the party seeks to intervene; intervenor is limited to raising environmental issues that are within jurisdiction of the agency in question; section not intended to expand jurisdictional authority of an administrative body whenever an intervenor raises environmental issues; intervention petitions filed under statute must contain specific factual allegations setting forth the environmental issue intervenor intends to raise. 259 C. 131.
Cited. 26 CA 185; 28 CA 780; 37 CA 166; 40 CA 75; 41 CA 39. Trial court finding re lack of standing reversed because plaintiff who lived down river from proposed wastewater treatment plant filed notice of intervention in accordance with section and therefore had standing. 62 CA 600. Trial court decision striking verified pleading filed by town council as proposed intervenor in matters where zoning commission and inland wetlands and watercourse agency were named defendants reversed; court declines to find exception to citizen intervention provision of Environmental Protection Act, finding no legislative intent that would support a rule barring municipalities from utilizing provisions of Subsec. to intervene in appeals from decisions of their land use agencies. 87 CA 537. Without accurate notice of date the motion to open and modify the stipulated judgment was to be heard, intervenors were deprived of right to file motions to intervene in a pending action; public nature of hearing was not adequate for purposes of section if any person or other legal entity did not have notice that modified judgment was being presented for judicial review. 177 CA 779; judgment affirmed, see 331 C. 701.
Subsec. (b):
Trial court properly held that dispositive issue before planning and zoning commission was whether the proposal would cause unreasonable impairment of natural resources so as to require commission to consider alternatives; once commission made no finding of unreasonable impairment of natural resources, it no longer had an obligation to consider alternative plans. 73 CA 647. No substantial evidence to support denial of application on grounds that wetlands would be negatively impacted by sediment and siltation, by changes to hydrology of site, total loss of certain wetland or negative impact from acid generation from exposed rock. 130 CA 69.
Cited. 43 CS 386.
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Sec. 22a-19a. Historic structures and landmarks. When court costs assessed against plaintiff. The provisions of sections 22a-15 to 22a-19, inclusive, shall be applicable to the unreasonable destruction of historic structures and landmarks of the state, which shall be those properties (1) listed or under consideration for listing as individual units on the National Register of Historic Places (16 USC 470a, as amended) or (2) which are a part of a district listed or under consideration for listing on said national register and which have been determined by the State Historic Preservation Review Board to contribute to the historic significance of such district. If the plaintiff in any such action cannot make a prima facie showing that the conduct of the defendant, acting alone or in combination with others, has or is likely unreasonably to destroy the public trust in such historic structures or landmarks, the court shall tax all costs for the action to the plaintiff.
(P.A. 82-367, S. 1; P.A. 21-193, S. 2.)
History: P.A. 21-193 changed “State Historic Preservation Board” to “State Historic Preservation Review Board”, effective July 13, 2021.
Cited. 192 C. 591; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 227 C. 71; 234 C. 488; 237 C. 135; 239 C. 786.
Cited. 27 CA 479; 30 CA 204; 41 CA 39; Id., 89.
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Sec. 22a-19b. Exception for certain property listed on the state register of historic places. The provisions of section 22a-19a shall not apply to any property or structure, or any portion thereof, that was first listed on the state register of historic places during the month of March, 2001, if (1) the owner of such property or structure delivers or has delivered to the Commissioner of Economic and Community Development and to the State Historic Preservation Officer a written and notarized objection to the listing of such property or structure on the National Register of Historic Places that certifies the person's ownership of such property or structure, and (2) such objection has not been withdrawn or rescinded by the owner's written and notarized notice of withdrawal or rescission of objection.
(June Sp. Sess. P.A. 01-4, S. 53, 58; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30; P.A. 11-48, S. 168.)
History: June Sp. Sess. P.A. 01-4 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 11-48 replaced “director of the Connecticut Commission on Culture and Tourism” with “Commissioner of Economic and Community Development”, effective July 1, 2011.
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Sec. 22a-20. Procedure supplementary to other procedures. Intervening party. Sections 22a-14 to 22a-20, inclusive, shall be supplementary to existing administrative and regulatory procedures provided by law and in any action maintained under said sections, the court may remand the parties to such procedures. Nothing in this section shall prevent the granting of interim equitable relief where required and for as long as is necessary to protect the rights recognized herein. Any person entitled to maintain an action under said sections may intervene as a party in all such procedures. Nothing herein shall prevent the maintenance of an action, as provided in said sections, to protect the rights recognized herein, where existing administrative and regulatory procedures are found by the court to be inadequate for the protection of the rights. At the initiation of any person entitled to maintain an action under said sections, such procedures shall be reviewable in a court of competent jurisdiction to the extent necessary to protect the rights recognized herein. In any judicial review, the court shall be bound by the provisions, standards and procedures of said sections and may order that additional evidence be taken with respect to the environmental issues involved.
(1971, P.A. 96, S. 7; P.A. 06-196, S. 257.)
History: P.A. 06-196 made technical changes, effective June 7, 2006.
Cited. 170 C. 47; 175 C. 483; 184 C. 51; 192 C. 591; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 234 C. 488; 237 C. 135; 239 C. 786. Section does not create independent cause of action. 291 C. 789. The use of the phrase “existing administrative and regulatory procedures” in section refers to administrative and regulatory procedures that are currently authorized or required by statute or regulation. 323 C. 668.
Cited. 17 CA 320; 30 CA 204; 41 CA 89.
Cited. 35 CS 145.
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Sec. 22a-20a. Environmental justice community. Definitions. Assessment of environmental or public health stressors. Meaningful public participation plan. Public participation report. Informal public meeting. Community environmental benefit agreement. Regulations. Denial of permit for proposed affecting facility. Authorization. Conditions for construction and operation of approved facility. Authorization. Notice of tentative determination. (a) As used in this section:
(1) “Environmental justice community” means (A) a United States census block group, as determined in accordance with the most recent United States census, for which thirty per cent or more of the population consists of low income persons who are not institutionalized and have an income below two hundred per cent of the federal poverty level; or (B) a distressed municipality, as defined in subsection (b) of section 32-9p;
(2) “Affecting facility” means any (A) electric generating facility with a capacity of more than ten megawatts; (B) sludge or solid waste incinerator or combustor; (C) sewage treatment plant with a capacity of more than fifty million gallons per day; (D) intermediate processing center, volume reduction facility or multitown recycling facility with a combined monthly volume in excess of twenty-five tons; (E) new or expanded landfill, including, but not limited to, a landfill that contains ash, construction and demolition debris or solid waste; (F) medical waste incinerator; or (G) major source of air pollution, as defined by the federal Clean Air Act. “Affecting facility” shall not include (i) the portion of an electric generating facility that uses nonemitting and nonpolluting renewable resources such as wind, solar and hydro power or that uses fuel cells, (ii) any facility for which a certificate of environmental compatibility and public need was obtained from the Connecticut Siting Council on or before January 1, 2000, or (iii) a facility of a constituent unit of the state system of higher education that has been the subject of an environmental impact evaluation in accordance with the provisions of sections 22a-1b to 22a-1h, inclusive, and such evaluation has been determined to be satisfactory in accordance with section 22a-1e;
(3) “Meaningful public participation” means (A) residents of an environmental justice community have an appropriate opportunity to participate in decisions about a proposed facility or the expansion of an existing facility that may adversely affect such residents' environment or health; (B) the public's participation may influence the regulatory agency's decision; and (C) the applicant for a new or expanded permit, certificate or siting approval seeks out and facilitates the participation of those potentially affected during the regulatory process;
(4) “Community environmental benefit agreement” means a written agreement entered into by the chief elected official or town manager of a municipality and an owner or developer of real property whereby the owner or developer agrees to develop real property that is to be used for any new or expanded affecting facility and to provide financial resources for the purpose of the mitigation, in whole or in part, of impacts reasonably related to the facility, including, but not limited to, impacts on the environment, including, but not limited to, air quality and watercourses, quality of life, asthma rates, traffic, parking and noise;
(5) “Council” means the Connecticut Siting Council;
(6) “Department” means the Department of Energy and Environmental Protection;
(7) “Environmental or public health stressor” means any source of environmental pollution that causes a potential public health impact;
(8) “Major source” means (A) a major source of air pollution, as defined by the federal Clean Air Act or rules or regulations adopted by the department, or (B) an affecting facility that directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant or other applicable criteria set forth in the federal Clean Air Act; and
(9) “Permit” means any individual facility permit, license, certificate or siting approval issued by the department or council to a facility that establishes the regulatory and management requirements for a regulated activity pursuant to section 16-50k, 22a-174, 22a-208a or 22a-430. “Permit” does not include (A) any authorization or approval necessary to perform a remediation conducted in accordance with the regulations established pursuant to section 22a-133k; or (B) any authorization or approval required for an extension of time to complete construction of a facility.
(b) (1) Applicants who, on or after January 1, 2009, seek to obtain any certificate under chapter 277a, a new or expanded permit, except for a minor modification of an existing permit for an affecting facility, or siting approval from the Department of Energy and Environmental Protection or the Connecticut Siting Council involving an affecting facility that is proposed to be located in an environmental justice community or the proposed expansion of an affecting facility located in such a community, shall (A) file an assessment of environmental or public health stressors and a meaningful public participation plan with such department or council and shall obtain the department's or council's approval of such public participation plan prior to filing any application for such permit, certificate or approval except an applicant for an expanded permit shall not be required to file such an assessment; (B) consult with the chief elected official or officials of the town or towns in which the affecting facility is to be located or expanded to evaluate the need for a community environmental benefit agreement in accordance with subsection (d) of this section; and (C) except for applicants for an expanded permit, submit and receive approval of a public participation report that shall include, but not be limited to, (i) an affidavit that the applicant satisfied the requirements of subdivisions (2) to (5), inclusive, of this subsection; (ii) all written comments received; and (iii) responses to concerns and questions presented in such written and verbal comments, including any changes to the activity or affecting facility proposed. Each assessment of environmental or public health stressors prepared pursuant to this subsection shall contain an assessment of the potential environmental and public health stressors associated with the proposed new affecting facility, as applicable, and shall identify any adverse environmental or public health stressors that cannot be avoided if the permit is granted, and the environmental or public health stressors already borne by the applicable environmental justice community. The filing of an assessment of environmental or public health stressors shall not be required until regulations are adopted pursuant to subsection (f) of this section.
(2) Each such meaningful public participation plan shall contain measures to facilitate meaningful public participation in the regulatory process and a certification that the applicant will undertake the measures contained in the plan. Such plan shall identify a time and place where an informal public meeting will be held that is convenient for the residents of the affected environmental justice community. In addition, any such plan shall identify the methods, if any, by which the applicant will publicize the date, time and nature of the informal public meeting in addition to the notice by mail required by subdivision (3) of this subsection and the publication required by subdivision (4) of this subsection. Such methods shall include, but not be limited to, (A) posting a reasonably visible sign on the proposed or existing affecting facility property, printed in English, in accordance with any local regulations and ordinances, (B) posting a reasonably visible sign, printed in all languages spoken by at least fifteen per cent of the population that reside within a one-half of a mile radius of the proposed or existing affecting facility, in accordance with local regulations and ordinances, (C) notifying local and state elected officials, in writing, and (D) posting on electronic media, including, but not limited to, relevant Internet web sites and social media platforms, provided such notice is readily found by searching for the name of the affecting facility on the Internet. Such methods may include notifying neighborhood and environmental groups, in writing, in a language appropriate for the target audience. The determination of the percentage of persons that speak a language, for purposes of subparagraph (B) of this subdivision, shall be made in accordance with the most recent United States census.
(3) Not less than thirty days prior to the informal public meeting, the applicant for a new proposed affecting facility, other than an applicant for an expanded permit, shall send a notice of such informal public meeting by mail to all residential households located within a one-half-mile radius of the proposed or existing affecting facility. Such notice shall provide the date, time and location of such meeting, a description of the proposed affecting facility, a map indicating the location of the affecting facility, information on how an interested person may review project documents, including any complete needs assessment, alternatives assessment, environmental impact analysis or assessment of environmental or public health stressors, addresses for mailed and Internet-based submission of written public comments and any other information deemed appropriate by the department or council. The applicant shall provide such notice in writing in all languages spoken by not less than fifteen per cent of the population that resides within such one-half-mile radius of the proposed or existing affecting facility. Such applicant shall subsequently send notice by mail to all such residential households of any subsequent public participation opportunities that occur as part of the permit approval process before the department or council, and notify such residential households of any notice of tentative or final determination by the department or council.
(4) Not less than ten days prior to the informal public meeting and not more than thirty days prior to such meeting, the applicant shall publish the date, time and nature of the informal public meeting with a minimum one-quarter page advertisement in a newspaper having general circulation in the area affected, and any other appropriate local newspaper serving such area, in the Monday issue of a daily publication or any day in a weekly or monthly publication. Such advertisement shall include information on how an interested person may review project documents, including any complete needs assessment, alternatives assessment, environmental impact analysis and assessment of environmental and public health stressors, as applicable. The applicant shall post a similar notification of the informal public meeting on the applicant's web site, if applicable.
(5) At the informal public meeting, the applicant shall make a reasonable and good faith effort to provide clear, accurate and complete information about the proposed affecting facility or the proposed expansion of such facility and the potential environmental and health impacts of such affecting facility or such expansion. The applicant shall accept written comments, submitted via mail or electronic mail, and oral comments from any interested party, and provide an opportunity for meaningful public participation at the informal public meeting. Not later than thirty days after such informal public meeting, the applicant, other than an applicant for an expanded permit, shall submit to the department or council a public participation report, as described in subdivision (1) of this subsection. The applicant shall video record the informal public meeting and submit the recording to the department or council with the public participation report, as applicable.
(6) The Department of Energy and Environmental Protection or the Connecticut Siting Council shall not take any action on the applicant's application for a permit, license, certificate or approval earlier than sixty days after the informal public meeting or the date the department or council approves the public participation report, whichever date is earlier. For any such application filed on or after November 1, 2023, if the applicant fails to undertake the requirements of this subsection, any such application shall be deemed insufficient. The application of an applicant who fails to receive approval of any required public participation report by the department or council, as applicable, shall be deemed insufficient.
(7) In the event that the Connecticut Siting Council has approved a meaningful public participation plan or public participation report, as applicable, concerning a new or expanded proposed affecting facility, as applicable, and an informal public meeting has been held in accordance with this subsection, the Department of Energy and Environmental Protection may waive the requirement that an additional informal public meeting be held in accordance with this subsection.
(8) In addition to any other fee authorized by law, rule or regulation, the department or council, as applicable, may assess each permit, license or certificate applicant a reasonable fee in order to cover the costs associated with the implementation of this section, including all costs to provide technical assistance to permit applicants and environmental justice communities to comply with the provisions of this section.
(c) Any municipality, owner or developer may enter into a community environmental benefit agreement in connection with an affecting facility. For any application filed on or after November 1, 2020, for such an affecting facility that: (1) Requires a certificate under chapter 277a, or (2) constitutes a new or expanded permit, except for a minor modification or improvement of an existing permit for such facility, or siting approval from the Department of Energy and Environmental Protection or the Connecticut Siting Council involving an affecting facility, and that is proposed to be located in an environmental justice community or the proposed expansion of an affecting facility to be located in such a community, the applicant shall enter into such an agreement with the municipality if there are five or more affecting facilities in such municipality at the time such application is filed. The Commissioner of Energy and Environmental Protection shall not issue a notice of tentative determination regarding a new or modified permit unless the applicant has submitted a copy of the executed agreement with the municipality. Mitigation may include both on-site and off-site improvements, activities and programs, including, but not limited to: Funding for activities such as environmental education, diesel pollution reduction, electric vehicle charging infrastructure construction, establishment of a wellness clinic, ongoing asthma screening, provision of air monitoring performed by a credentialed environmental professional, performance of an ongoing traffic study, watercourse monitoring, construction of biking facilities and multi-use trails, staffing for parks, urban forestry, support for community gardens or any other negotiated benefit to the environment in the environmental justice community. Prior to negotiating the terms of a community environmental benefit agreement, the municipality shall provide a reasonable and public opportunity for residents of the potentially affected environmental justice community to be heard concerning the requirements of or need for, and terms of, such agreement. Any mitigation contained in such an agreement shall have a nexus to the impacts caused by the proposed facility and shall be proportional to such impacts.
(d) The chief elected official or town manager of a municipality shall participate in the negotiations for any such community environmental benefit agreement and shall implement, administer and enforce such an agreement on behalf of the municipality, provided any such agreement negotiated pursuant to this section on and after November 1, 2020, shall be approved by the legislative body of the municipality prior to implementation, administration and enforcement of such agreement. Such chief elected official or town manager shall select a resident of the potentially affected environmental justice community to participate in such negotiations.
(e) The terms of any community environmental benefit agreement negotiated, entered into and approved in accordance with this section on and after November 1, 2020, shall not constitute a separate and distinct basis for a pleading to intervene in any administrative, licensing or other proceeding pursuant to section 22a-19.
(f) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, as are necessary and proper to carry out the purposes of this section. The provisions of subsection (g) of this section shall not take effect until the adoption of the regulations pursuant to this subsection. Such regulations shall include, but not be limited to, provisions regarding: (1) Procedures and requirements for creating the meaningful public participation plan and the public participation report required by this section; (2) the identification and measurement of the relative impact of environmental and public health stressors across communities; (3) tools for stakeholder industries and sectors to use that take account of any such environmental or public health stressors, including tools to help inform decisions about potential locations for proposed affecting facilities that comply with the provisions of this section; and (4) standards for denying or placing conditions on permits. The commissioner shall consult with stakeholder industries and sectors when developing the regulations pursuant to this section.
(g) (1) On and after the adoption of regulations pursuant to subsection (f) of this section, the department's review of any such application for a proposed affecting facility, other than an application for an expanded permit, shall be conducted in accordance with any such regulations, as applicable, and the council's review of any such application may be conducted in accordance with any such regulations.
(2) The department or the council, as applicable, may deny any application for a permit for a proposed affecting facility, other than an application for an expanded permit, upon a finding that approval of the permit, as proposed, would, together with other environmental or public health stressors affecting the applicable environmental justice community, result in adverse cumulative environmental or public health stressors in such environmental justice community that are higher than those borne by other communities within the state, county or other geographic unit of analysis, as determined by the department or council. Any such determination by the department shall be made in accordance with the applicable regulations adopted pursuant to subsection (f) of this section and any such determination by the council may be made in accordance with such regulations.
(3) If such permit for a proposed affecting facility, other than a permit for an expanded facility, is granted, the department or council, as applicable, may impose reasonable conditions on the construction and operation of the proposed affecting facility that are intended to mitigate environmental and public health impacts.
(4) The department or the council, as applicable, shall provide notice, in writing, to any applicant for any such proposed affecting facility of any tentative determination regarding compliance with the applicable regulations adopted pursuant to subsection (f) of this section.
(5) If any hearing is held on any application subject to the requirements of this section, compliance with the applicable regulations adopted pursuant to subsection (f) of this section shall be considered at such hearing.
(6) The department or council, as applicable, shall publish any determination made pursuant to this subsection to the department's or council's Internet web site.
(h) Notwithstanding any provision of the general statutes, the department or council, as applicable, may, after review of the public participation report and any other relevant information, including testimony and written comments received in connection with the meaningful public participation plan, apply reasonable conditions to a new permit for an affecting facility, other than a permit for an expanded facility, concerning the construction and operation of the facility to protect the environment and public health, upon a finding by the department or council, as applicable, that approval of such permit, as proposed, would, together with other environmental or public health stressors affecting the applicable environmental justice community, result in adverse cumulative environmental or public health stressors in such environmental justice community that are higher than those borne by other communities in the state, county or other geographic unit of analysis, as determined by the department or council. Any such determination by the department shall be made in accordance with the applicable regulations adopted pursuant to subsection (f) of this section and any such determination by the council may be made in accordance with such regulations.
(i) If a permit applicant applies for more than one new proposed affecting facility, the permit applicant shall only be required to comply with the provisions of this section once, unless the department or council, as applicable, determines that more than one informal public meeting is necessary due to the complexity of the permit applications necessary for the proposed affecting facility. Nothing in this subsection shall be construed to limit the authority of the department or council to hold or require any public hearing, as may be required by any other provision of the general statutes, federal law or rule or regulation.
(j) Nothing in this section shall be construed to limit the right of an applicant to continue facility operations during the process of permit approval to the extent such right is conveyed by an applicable law, rule or regulation. Nothing in this section shall be construed to apply to permit renewals or permit modifications.
(P.A. 08-94, S. 1; P.A. 11-80, S. 1; Sept. Sp. Sess. P.A. 20-6, S. 1; P.A. 23-202, S. 1.)
History: P.A. 08-94 effective January 1, 2009; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011; Sept. Sp. Sess. P.A. 20-6 amended Subsec. (a)(4) by redefining “community environmental benefit agreement”, amended Subsec. (b)(2) by replacing “may” with “shall” re notification methods, replacing “twenty” with “fifteen”, deleting former Subpara. (C) re neighborhood and environmental group notification, redesignating existing Subpara. (D) as Subpara. (C) and adding provisions re permissible neighborhood and environmental group notification and re determination of language spoken, amended Subsec. (b)(5) by adding provision re application deemed insufficient, substantially revised Subsec. (c) re application filed on or after November 1, 2020, and added Subsecs. (d) and (e) re municipal negotiation and implementation of community environmental benefit agreement and terms of community environmental benefit agreement, respectively, effective November 1, 2020; P.A. 23-202 amended Subsec. (a) to define “council”, “department”, “environmental or public health stressor”, “major source” and “permit”, amended Subsec. (b)(1) to add exception for minor modification of existing permit for affecting facility, add reference to assessment of environmental or public health stressors, add exception for expanded permit to assessment requirement and add Subpara. (C) re submission and approval of public participation report, amended Subsec. (b)(2) to add reference to notice by mail requirement of Subsec. (b)(3), and add Subpara. (D) re posting of notice on electronic media, added new Subsec. (b)(3) re sending of notice of informal public meeting by mail to residential households within a one-half mile radius of proposed or existing affecting facility, redesignated existing Subsec. (b)(3) as new Subsec. (b)(4) and added requirement that such advertisement include information on how interested persons may review project documents, redesignated existing Subsec. (b)(4) as new Subsec. (b)(5) and amended same to add provision re acceptance of written comments, submission of public participation report and video recording of informal public meeting, redesignated existing Subsec. (b)(5) as new Subsec. (b)(6) and amended same to add references to application for license and date department or council approves public participation report, changed November 1, 2020, to November 1, 2023, and added provision re failure to receive approval of public participation report as constituting insufficient application, redesignated existing Subsec. (b)(6) as Subsec. (b)(7) and added reference to public participation report, added Subsec. (b)(8) re department or council assessing reasonable fee to applicant for costs associated with section, amended Subsec. (c) to add exception for minor modification or improvement of existing facility, add provision re prohibition on issuing a notice of tentative determination unless applicant submits a copy of executed agreement with municipality, and add provision re any mitigation having a nexus to impacts caused by proposed facility, amended Subsec. (d) to add provision re appointment of a resident of potentially affected environmental justice community, added Subsec. (f) re adoption of regulations, added Subsec. (g) re review of applications after adoption of such regulations, authorization to deny certain permits, authorization to impose reasonable conditions on construction and operation of proposed affecting facility, requirement to provide notice of any tentative determination to applicant, and requirements concerning public hearings and publication of notice of tentative determination, added Subsec. (h) re application or such reasonable conditions, added Subsec. (i) re permit applications for more than one new affecting facility, added Subsec. (j) re right to continue operations during permit approval process, and made technical changes throughout.
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Sec. 22a-20b. Denial of permit under environmental justice statute. Town referendum to approve such denied permit. Notwithstanding any provision of the general statutes, any special act, municipal charter or ordinance, in any municipality having a population of ten thousand persons or fewer, any elector or voter of such municipality may petition for a town referendum, in accordance with the applicable provisions of sections 7-7 and 7-9, any denial of a permit by the commissioner pursuant to section 22a-20a, that is based on the considerations required by subsection (g) of said section. An affirmative vote of such electorate shall constitute the approval of such permit notwithstanding such denial by the commissioner.
(P.A. 23-205, S. 191.)
History: P.A. 23-205 effective October 1, 2024.
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Sec. 22a-21. (Formerly Sec. 22-7a). Plan for development of outdoor recreation and other natural resources. The Commissioner of Energy and Environmental Protection is authorized to prepare, maintain and keep up-to-date a comprehensive plan for the development of the outdoor recreation resources and other natural resources of the state and to cooperate and enter into agreements with the federal government, and other state agencies, municipalities of the state and regional authorities relating thereto. The plan shall coordinate the activities and represent the interests of the component agencies of the Department of Energy and Environmental Protection and may coordinate its activities with and represent the interests of all agencies of the state, and of municipal and other governmental units and nongovernmental persons and organizations having interests in the planning, development and maintenance of outdoor recreation and natural resources and facilities within or adjacent to the state. The plan shall be presented to the Governor and to the General Assembly in November of the even-numbered years. In order to achieve coordination of activities and objectives, the plan shall so far as possible be prepared, maintained and updated in cooperation and in conjunction with planning activities of all other appropriate agencies of the state, municipal and other governmental units and nongovernmental persons and organizations.
(February, 1965, P.A. 329, S. 1; 1967, P.A. 634, S. 1; 1969, P.A. 628, S. 15; 1971, P.A. 872, S. 394; P.A. 11-80, S. 1.)
History: 1967 act authorized commissioner of agriculture and natural resources to enter in agreements with municipalities and regional authorities, changed date for initial submission of plan from 1966 to 1968 and required biennial rather than annual submissions thereafter; 1969 act changed date for initial submission of plan to 1970 and deleted provision allowing commissioner's continued participation in Connecticut interregional planning program; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of environmental protection and specified that plan be submitted in even-numbered years; Sec. 22-7a transferred to Sec. 22a-21 in 1972; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-21a. State assistance related to recreation and park services. The Department of Energy and Environmental Protection shall: (1) Study the recreation needs of the state and disseminate information concerning recreation services; (2) assist municipalities and other political subdivisions of the state in establishing and financing recreation and parks programs; (3) accept grants from the public and private sectors for the purpose of providing and improving recreation and park services; and (4) cooperate with state, local and federal agencies, private groups, individuals and commercial recreation enterprises in providing and improving recreation and park services.
(P.A. 78-359, S. 6, 8; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-21b. Connecticut Conservation Corps. The Commissioner of Energy and Environmental Protection may, within available appropriations, establish and operate a Connecticut Conservation Corps program, similar to the federal Young Adult Conservation Corps program (29 USC 991 et seq.), for the employment of young adults at facilities maintained and operated by the Division of Conservation and Preservation of the Department of Energy and Environmental Protection.
(P.A. 82-91, S. 26, 38; P.A. 91-369, S. 2, 36; P.A. 11-80, S. 1.)
History: P.A. 91-369 made establishment of the program discretionary within available appropriations, rather than mandatory as was previously the case; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-21c. Connecticut Service Corps: Definitions. For the purposes of sections 22a-21d to 22a-21h, inclusive:
(1) “Commissioner” means the Commissioner of Energy and Environmental Protection;
(2) “Corps” means the Connecticut Service Corps;
(3) “Corps member” means a person between sixteen and twenty-five years of age who is employed in the Service Corps;
(4) “Department” means the Department of Energy and Environmental Protection;
(5) “Indirect expenses” means those incidental expenses incurred by a grantee as a result of a Service Corps project which are not specifically identifiable or traceable to the project and are not easily substantiated;
(6) “In-kind services” means work done by regular employees of a grantee that is necessary to support the Service Corps project and for which the cost can be specifically identified and substantiated;
(7) “Project” means a complete operating organization either proposed for the Service Corps in a grant application or for which a grant award has been made; and
(8) “Sponsor” or “project sponsor” means an organization meeting the criteria in subsection (c) of section 22a-21d.
(P.A. 86-336, S. 8, 19; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-21d. Connecticut Service Corps established. Project sponsors. Grants. (a) There is established a Connecticut Service Corps to be administered by the Commissioner of Energy and Environmental Protection, within available appropriations. The corps shall provide persons between the ages of sixteen and twenty-five the opportunity, throughout the year, for meaningful and necessary work in temporary service to the state, its communities and its citizens.
(b) Subject to the provisions of section 7-396a, any state agency, municipality or legally designated nonprofit or not-for-profit organization incorporated in this state may sponsor a Service Corps project and apply to the commissioner for a grant for said project.
(c) Grants made available to Service Corps project sponsors shall be made, within available appropriations, in accordance with the following provisions:
(1) For the first grant year: One dollar may be awarded for each dollar of state agency or municipal government funds committed to and expended for a project and one dollar and fifty cents may be awarded for each dollar of private funds committed to and expended for the project. Not more than one dollar may be awarded to match the value of in-kind services committed to and expended on a project. No grant shall be awarded to match any indirect expenses that may be incurred by a project sponsor.
(2) Provided a project sponsor has fulfilled the terms and requirements of the grant agreement in the preceding year and provided the amount of funds other than grant funds committed to and expended for the project shall be not less than the funds committed in the first year of the project, a project sponsor may apply for and receive, within available appropriations, diminishing annual grants as follows: In the second year of the project, seventy-five per cent of the amount awarded for the first year; in the third year of the project, fifty per cent of the amount awarded for the first year; in the fourth year of the project, twenty-five per cent of the amount awarded in the first year. No grant shall be awarded after the fourth year of the project. Grants for the continuation of existing projects shall take precedence over awards for new projects.
(d) A Service Corps project sponsor may apply for and be awarded, within available appropriations, grants for more than one project provided the personnel, financial and performance records for each project are maintained as separate and distinct from the records of all other projects and the accounting records of the sponsor substantiate the separation. No grant or matching funds from one project may be used to match grant funds for any other project.
(P.A. 86-336, S. 9–12, 19; P.A. 91-369, S. 3, 36; P.A. 11-80, S. 1.)
History: P.A. 91-369 amended Subsec. (a) to make establishment of the program discretionary within available appropriations; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
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Sec. 22a-21e. Grant application. An application for a grant shall be on a form prescribed by the commissioner and shall include, but not be limited to, the following:
(1) A summary that has: (A) The name, address, telephone number, tax status, federal employer identification number and state tax number of the applicant; (B) the name, title, address and telephone number, of the applicant's designated contact person; (C) a description of the principal business of the applicant and the period of time in business in this state, if such period is less than five years; (D) the number of employees and gross income of the applicant for the preceding year; and (E) a summary description of the project that includes the location and a description of the need for the project and of its benefits to the community, an indication of the period for which funds will be requested, an estimate of the total cost of the project over the anticipated grant period and the exact amount of grant funds being applied for in the first year of the project, the number of corps members to be employed at any one time and during the entire grant period, planned tenure for corps members in the project, general eligibility requirements for corps members, a brief description of potential benefits to corps members from the experience and an indication of the potential for continuation of the project after the grant period.
(2) A detailed budget for the first year of the project that shows: (A) The total cost of the first year of the project, the amount of grant funds being requested, certification that matching funds will be available and the amount by source of such matching funds; (B) the number of corps members to be employed in the first year of the project, an itemization of corps member fringe benefits to be paid for from project funds and the costs therefor, and an estimated turnover rate for corps members and the anticipated first year cost of their salaries with fringe benefits added and turnover deducted; (C) the number of direct supervisors of corps members to be employed by the project, an itemization of fringe benefits to be paid to such supervisors from project funds and the costs therefor, an estimated turnover rate and the anticipated first year cost of salaries for such supervisors with fringe benefits added and turnover deducted; (D) the number of administrative and support personnel to be employed on or paid from project funds and the total anticipated cost of salaries for such personnel during the first year including any costs for fringe benefits and deductions for turnover; (E) a schedule of capital equipment, if any, to be purchased with project funds in the first year of the project, a statement of need for each item and the cost therefor; (F) a schedule of rentals, if any, to be paid for from first year project funds and for each rental, the name and address of the probable renter, the nature, need, rental period and cost thereof; (G) a schedule of planned costs for work materials, tools and supplies to be purchased in the first year of the project; (H) a schedule of anticipated routine operating costs for the first year of the project; (I) a schedule of anticipated costs for materials and supplies to be purchased in the first year of the project for support functions; (J) a schedule of travel costs planned for the first year of the project, if any, and a description of the nature and purpose of such travel; (K) a table of organization for the project showing the project's relationship to the sponsor's organization and all staff and corps member positions that will be employed on or receive any compensation from project funds; and (L) any other information the commissioner may require.
(P.A. 86-336, S. 13, 19.)
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Sec. 22a-21f. Rating system for grant applications. For the purpose of making grants, the commissioner shall develop a rating system for applications that will assess the relative merits of proposed projects with emphasis on:
(1) The contribution of the project to the community in resolving outstanding community problems;
(2) The contribution of the project in resolving the special needs of the intended service population;
(3) The contribution of the project in addressing state and national issues;
(4) The evidence of community support for and involvement in the project;
(5) The appropriateness of the project and its probable effectiveness in meeting the stated need;
(6) The planned economic efficiency of the project;
(7) The probable benefits to corps members in self-confidence and self-pride, encouraging the work ethic through job satisfaction, fostering good work habits, strengthening a sense of community and promoting good community citizenship, facilitating continued or supplementary education;
(8) The quality and comprehensiveness of the project and project planning effort as exhibited by the grant application; and
(9) The potential of the project to continue beyond the grant period without government subsidy.
(P.A. 86-336, S. 14, 19.)
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Sec. 22a-21g. Project eligibility; exceptions. The commissioner may determine the eligibility of a project except that:
(1) No grant shall be awarded to any organization for a project that is solely an extension, expansion or continuation of the routine work normally done by such organization;
(2) No grant shall be awarded for any project that would result in the layoff of any employed person or in delaying or preventing the rehiring of any person that has been laid off;
(3) No grant shall be awarded for any project that would delay or preclude the hiring of regular, full-time or regular part-time employees normally hired, or who could reasonably be expected to be hired, to do the required routine work of any organization or business affected by the project;
(4) No grant shall be awarded solely for the purpose of supplementing the regular work force of any organization or business to compensate for peak seasonal workloads; and
(5) No grant shall be awarded for any project that would supplant work normally done by organized labor through direct employment in an organization affected by the project or through employment in a business that would normally be contracted to do the work or provide the service offered by the project.
(P.A. 86-336, S. 15, 19.)
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Sec. 22a-21h. Annual reports by project sponsor and commissioner. On or before October first of each year, a project sponsor shall submit a report to the Commissioner of Energy and Environmental Protection on the unique or outstanding achievements of the project, the progress and problems in reaching the project's goals and objectives and the value of the project's accomplishments. The report shall have an accounting for project funds and such other information as the commissioner may require. On or before January first of each year, the commissioner shall submit a report to the Governor and the General Assembly on the achievements of the corps, its status and potential for the future.
(P.A. 86-336, S. 16, 19; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-21i. Grants for operating costs of Beardsley Zoological Gardens, Bridgeport. The Department of Energy and Environmental Protection may provide grants, within available appropriations, to the city of Bridgeport or to the Connecticut Zoological Society for the purpose of paying the operating costs for property located in the town and city of Bridgeport and known as the Beardsley Zoological Gardens. As used in this section, “operating costs” means expenses incurred in the operation of the Beardsley Zoological Gardens, including, but not limited to, insurance premiums, salaries, property maintenance, utilities and supplies.
(P.A. 95-222, S. 1, 2; P.A. 11-80, S. 1.)
History: P.A. 95-222 effective July 6, 1995; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-21j. School bus emissions reduction program. (a) The Commissioner of Energy and 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 Energy and 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. For such grants the commissioner may use applicable existing contracts or provide a supplemental bid process;
(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 Energy and 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; P.A. 09-1, S. 34; P.A. 11-80, S. 1.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007; P.A. 09-1 amended Subsec. (a)(1) to replace former requirements re grants with provision permitting commissioner to use existing contracts or a supplemental bid process for grants, effective July 1, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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 Energy and Environmental Protection for the purposes of the school bus emissions reduction program established in section 22a-21j. The Department of Energy and 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; P.A. 11-80, S. 1.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-22. (Formerly Sec. 22-7b). Federal aid and agreements. (a) The Commissioner of Energy and Environmental Protection is designated as administrative agent of the state to apply for any funds or other aid, cooperate and enter into contracts and agreements with the federal government relating to the planning, acquisition, development, maintenance, operation, conservation or preservation of outdoor recreation resources or other natural resources of the state, including land, waters and interests therein and for any other purpose within the powers and duties of the Department of Energy and Environmental Protection, or for any other purpose which the Congress of the United States has authorized or may authorize the federal government to grant to or cooperate with the several states relating to or compatible with the functions of said department. The commissioner is authorized in the name of the state to make all applications, sign all documents, give assurances and do all other things necessary to obtain such aid from or cooperate with the United States or any agency thereof. All funds granted by the United States or by any agency thereof shall be received and administered in a manner to be prescribed by the Secretary of the Office of Policy and Management.
(b) The Commissioner of Energy and Environmental Protection may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal aid funds relating to outdoor recreation and natural resources on behalf of the state or on behalf of any municipality or regional authority. In connection with obtaining the benefits of any federal assistance program for subdivisions of the state, the commissioner shall coordinate the activities of municipalities and regional authorities having interests in the planning, development and maintenance of outdoor recreation and natural resources and facilities within the state with the activities of the component agencies of the Department of Energy and Environmental Protection and represent the interests of all agencies of the state.
(c) Funds may be received from the federal government under the provisions of Public Law 88-578 (78 Stat. 897) for planning, acquisition and development of state forest, park, fish and game facilities and for the acquisition and development of lands by municipalities, and may be disbursed for such purposes in accordance with law. Twenty-five per cent of the federal funds received each fiscal year shall be disbursed to municipalities for development purposes and, in the discretion of the Commissioner of Energy and Environmental Protection, an additional amount not to exceed fifteen per cent of such funds received each fiscal year may be disbursed to municipalities for such purposes, provided no such funds shall be disbursed, except upon the application of a municipality.
(February, 1965, P.A. 329, S. 2, 3, 5; 1967, P.A. 634, S. 2; 1971, P.A. 872, S. 395; P.A. 73-292, S. 1, 2; P.A. 75-320, S. 1, 2; P.A. 77-548, S. 1, 2; 77-614, S. 19, 610; P.A. 79-607, S. 6; P.A. 11-80, S. 1.)
History: 1967 act allowed commissioner to enter contracts and agreements with federal government re acquisition of resources, required that funds received from federal sources be administered pursuant to regulations of finance and control commissioner rather than “in accordance with section 4-31a” and added provisions re commissioner's role in coordinating activities between municipalities and regional authorities and department of agriculture and natural resources and other state agencies; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of environmental protection; Sec. 22-7b transferred to Sec. 22a-22 in 1972; P.A. 73-292 allowed receipt of federal funds for development of land in Subsec. (c) and added provision limiting such funds to 10% of funds received each fiscal year to be disbursed only upon a municipality's request, effective May 17, 1973, and applicable to the fiscal year ending June 30, 1973; P.A. 75-320 allowed disbursement of additional 10% of funds received to municipalities at commissioner's discretion; P.A. 77-548 increased percentage of funds disbursed for development in Subsec. (c) from 10% to 25% of funds received and reduced amount of additional discretionary disbursement from 10% to 5%; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 79-607 deleted reference to “a maximum of” 25% in Subsec. (c) and raised discretionary disbursement limit from 5% to 15%; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
See Sec. 7-131k re authority of municipalities to accept federal funds for open space land acquisition or development.
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Sec. 22a-23. (Formerly Sec. 22-7c). Federal funds to be held in separate account. The Comptroller shall establish a separate account for federal funds received under authority of sections 22a-21, 22a-21a and 22a-22 to 22a-27, inclusive, for the benefit of and to be disbursed to subdivisions of the state. Said account shall not be a part of the General Fund of the state and, for the purpose of determining state grants-in-aid for open space land acquisition, said funds shall be considered federal funds.
(February, 1965, P.A. 329, S. 4; 1967, P.A. 634, S. 3; P.A. 77-614, S. 19, 610.; P.A. 88-1, S. 6, 13; 88-364, S. 32, 123.)
History: 1967 act referred to federal funds received for benefit of state subdivisions rather than “for planning, acquisition and development projects relating to outdoor recreation and natural resources”, and reversed status of separate account, excluding it from general fund where previously it was included in general fund, deleted provision re power of commissioner of agriculture and natural resources to disburse funds and gave power of all disbursements, rather than of disbursements “to municipalities” to commissioner of finance and control; Sec. 22-7c transferred to Sec. 22a-23 in 1972 and internal references to other transferred sections were revised; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 88-1 repealed provision requiring disbursement from federal funds to be in accordance with procedures established by secretary of the office of policy and management; P.A. 88-364 made a technical change.
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Sec. 22a-24. (Formerly Sec. 22-7d). Powers additional to those under other statutes. No provision of sections 22a-21 to 22a-23, inclusive, shall be construed to limit, supersede or repeal the provisions of any existing statute relating to the functions, responsibilities and powers granted therein to any other state agency.
(February, 1965, P.A. 329, S. 6; 1971, P.A. 872, S. 396.)
History: 1971 act deleted reference to functions, responsibilities and powers granted to component agencies of department of agriculture and natural resources; Sec. 22-7d transferred to Sec. 22a-24 in 1972 and internal references to other transferred sections were revised.
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Sec. 22a-25. (Formerly Sec. 22-7e). Acquisition of land and waters. The Commissioner of Energy and Environmental Protection may acquire in the name of the state and for the benefit of the public, by purchase, lease, gift, devise or exchange, land, waters and rights in land or waters or interests therein, or may take the same by right of eminent domain in the manner provided in section 48-12 for any purpose or activity relating to or compatible with the functions of the Department of Energy and Environmental Protection.
(1967, P.A. 634, S. 4; 1971, P.A. 872, S. 397; P.A. 11-80, S. 1.)
History: 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of environmental protection, deleted reference to Sec. 48-16 and deleted provisions allowing transfer of control of land, waters or interests therein to component agencies of department of agriculture and natural resources and expenditures of appropriated funds by such agencies; Sec. 22-7e transferred to Sec. 22a-25 in 1972; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-26. (Formerly Sec. 22-7f). Conveyance or lease of land to or from governmental agencies. Conveyance of land to municipalities or responsible parties under Comprehensive Environmental Response, Compensation and Liability Act. The Commissioner of Energy and Environmental Protection, with the approval of the Secretary of the Office of Policy and Management, may convey, lease or transfer the care and control of any land owned by the state and controlled by the Department of Energy and Environmental Protection to the federal government or any agency thereof, to any state agency or to any municipality or regional authority, upon such terms and for such periods as may be mutually agreed upon, or may enter into any agreements with such agency, municipality or authority for the joint care, operation or preservation thereof. The Commissioner of Energy and Environmental Protection, with the approval of the Secretary of the Office of Policy and Management, may convey any land that the state acquires pursuant to 42 USC 9601 et seq., the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA), to any municipality or to any potentially responsible party or any group of potentially responsible parties under 42 USC 9607, upon such terms as are agreed to by the commissioner and the transferee. Any state agency, with the approval of the Secretary of the Office of Policy and Management, any municipality or regional authority may convey, lease or transfer the care and control of any land owned or controlled by it to the Commissioner of Energy and Environmental Protection upon such terms and for such periods as may be mutually agreed upon.
(1967, P.A. 634, S. 5; 1971, P.A. 872, S. 398; P.A. 77-614, S. 19, 610; P.A. 97-71, S. 1, 4; P.A. 11-80, S. 1.)
History: 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of environmental protection, deleting reference to component agencies of the former department, and deleted requirement that council on agriculture and natural resources consent to conveyance, lease or transfer of control of land; Sec. 22-7f transferred to Sec. 22a-26 in 1972; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management as authority approving conveyance, lease etc. of land; P.A. 97-71 added provision authorizing the commissioner to convey land acquired under the Comprehensive Environmental Response, Compensation and Liability Act to municipalities or to responsible parties under said act, effective May 27, 1997; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Sec. 22a-26a. State-owned properties providing public access to Long Island Sound. The Department of Energy and Environmental Protection, in consultation with the Departments of Transportation and Administrative Services, The University of Connecticut and other state agencies with jurisdiction over state-owned properties, shall identify state-owned properties which provide public access to the waters of Long Island Sound and, in addition, identify other properties which the state may acquire to provide public access to the waters of Long Island Sound. The properties to be identified shall include highway easements, bridge crossings, university-owned lands, railroad rights-of-way and other coastal or riverfront properties owned or controlled by the state or by others. State-owned properties which are used for non-water-dependent activities shall be assessed for reclassification to public water-dependent use or shared use. The department shall submit a report of its findings to the joint standing committee of the General Assembly having cognizance of matters concerning the environment on or before October 1, 1992, and the Comptroller shall cause such findings to be added to and made a part of the inventory of state property required pursuant to the provisions of section 4-36.
(P.A. 90-126; P.A. 11-51, S. 69; 11-80, S. 1.)
History: P.A. 11-51 replaced “Department of Public Works” with “Department of Administrative Services”, effective July 1, 2011; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-27. (Formerly Sec. 22-7g). Maintenance of areas and facilities for recreation or natural resources purposes. To such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired by municipalities or regional authorities pursuant to any program participated in by this state under authority of sections 22a-21 to 22a-26, inclusive, such areas and facilities shall be publicly maintained for outdoor recreation or natural resources purposes, and such city or other local governmental unit shall give such assurances to the state as may be required by the Commissioner of Energy and Environmental Protection, that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained at municipal or regional expense for public outdoor recreation or natural resources use.
(1967, P.A. 634, S. 6; 1971, P.A. 872, S. 399; P.A. 11-80, S. 1.)
History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of environmental protection; Sec. 22-7g transferred to Sec. 22a-27 in 1972 and references to other transferred sections were revised; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Secs. 22a-27a and 22a-27b. Transferred to Chapter 446d, Secs. 22a-248 and 22a-249, respectively.
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Sec. 22a-27c. Transferred to Chapter 443, Sec. 22a-83.
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Sec. 22a-27d. Transferred to Chapter 446d, Sec. 22a-250.
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Sec. 22a-27e. Litter control in parking areas. Section 22a-27e is repealed.
(P.A. 75-448; P.A. 78-319, S. 14, 15.)
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Sec. 22a-27f. Specifications of fuels. Report to commissioner. Any person who imports fuels or causes fuels to be imported into this state for sale or produces or manufactures fuels within this state shall keep records of specifications of fuels delivered to Connecticut. Such records shall be available to the Commissioner of Energy and Environmental Protection on demand. Any such person shall also submit an annual report, under oath, to the commissioner indicating that such fuel meets the industry standards established by the American Society for Testing and Materials.
(P.A. 90-219, S. 9; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-27g. Environmental Quality Fund. Environmental quality account. Covered electronic recycler reimbursement account. Electronic device recycling program account. Section 22a-27g is repealed, effective October 1, 2009.
(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; June Sp. Sess. P.A. 09-3, S. 513.)
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Sec. 22a-27h. Conservation Fund. Maintenance, repair and improvement account. Section 22a-27h is repealed, effective October 1, 2009.
(P.A. 90-231, S. 25, 28; P.A. 91-369, S. 6, 36; P.A. 94-130, S. 8; P.A. 96-143, S. 1, 4; June Sp. Sess. P.A. 05-3, S. 7; June Sp. Sess. P.A. 09-3, S. 513.)
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Sec. 22a-27i. Fees. Exemption of municipalities. Notwithstanding the provisions of sections 22a-6, 22a-6d, 22a-26g, 22a-26h, 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, and 22a-361, for the period beginning July 1, 1990, and ending June 30, 1991, any fee to be charged to a municipality in accordance with said sections shall be the fee in effect on June 30, 1990.
(P.A. 90-231, S. 26, 28; P.A. 96-145, S. 15; P.A. 04-151, S. 14.)
History: P.A. 96-145 deleted a reference to repealed Sec. 22a-384 and included all fees under Sec. 22a-361 in the fund; P.A. 04-151 deleted reference to Sec. 22a-174a, effective May 21, 2004.
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Sec. 22a-27j. Additional fee for municipal planning, zoning, wetlands and coastal management applications. Noncompliance. (a) Any person, firm or corporation, other than a municipality, making an application for any approval required by chapters 124, 126, 440 and 444 or by regulations adopted pursuant to said chapters shall pay a fee of twenty dollars, in addition to any other fee which may be required, to the municipal agency or legislative body which is authorized to approve the application. On and after October 1, 2009, the fee shall be sixty dollars. Such municipal agency or legislative body shall collect such fees, retaining two dollars of such fee for administrative costs, and shall pay the remainder of such fees quarterly to the Department of Energy and Environmental Protection and the receipts shall be deposited into the General Fund.
(b) Not later than three months following the close of each fiscal year starting with the fiscal year beginning July 1, 2000, the Department of Energy and Environmental Protection shall identify those municipalities that are not in compliance with subsection (a) of this section for the previous fiscal year and shall provide the Office of Policy and Management with a list of such municipalities. The list shall be submitted annually and in such manner as the Office of Policy and Management may require. The Office of Policy and Management, when issuing the first payment from the Mashantucket Pequot and Mohegan Fund established pursuant to section 3-55i, in the fiscal year during which said list is received, shall reduce said payment to a municipality by one thousand dollars for each quarter of the preceding fiscal year that the municipality has not been in compliance with subsection (a) of this section to a maximum of four thousand dollars in each fiscal year.
(c) Following the close of each fiscal year starting with the fiscal year beginning July 1, 2014, the Secretary of the Office of Policy and Management shall certify to the Comptroller the amount of any funds withheld under subsection (b) of this section and the Comptroller shall cause such amount to be deposited into the General Fund.
(P.A. 92-235, S. 4, 6; P.A. 93-86; P.A. 00-102, S. 1, 2; 00-196, S. 61; June 30 Sp. Sess. P.A. 03-6, S. 108; P.A. 04-144, S. 6; June Sp. Sess. P.A. 09-3, S. 396; P.A. 11-80, S. 1; P.A. 14-217, S. 45.)
History: P.A. 93-86 amended section to provide that funds and receipts shall be paid to environmental protection department and deposited into account of the state treasurer and credited to the environmental quality fund, replacing provision whereby fees were to be paid to state treasurer and deposited by him in conservation fund; P.A. 00-102 designated existing language as Subsec. (a) and added Subsec. (b) re withholding of funds to municipalities not in compliance with section, effective May 26, 2000; P.A. 00-196 deleted former Subsec. (b) and added new Subsec. (b), making technical changes and providing that list be submitted annually not later than three months following close of each fiscal year starting with fiscal year July 1, 2000; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) to increase application fee from $10 to $20, effective August 20, 2003; P.A. 04-144 amended Subsec. (a) by applying fee to applications filed pursuant to regulations adopted under enumerated chapters, increasing fees from $20 to $30 and amount retained by municipalities from $1 to $2 and providing that $19 be used for funding environmental review teams program and $9 be deposited in hazard mitigation and floodplain management account and used for grants under Sec. 25-68k, and amended Subsec. (b) by increasing the reduction to municipalities not in compliance in the fiscal year the list is received from $500 to $1,000 and increasing the maximum reduction for the preceding fiscal year from $2,000 to $4,000, effective July 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by increasing fee from $30 to $60 and by replacing former provisions re deposit and use of fees with provision requiring such fee be deposited in General Fund, and amended Subsec. (b) by deleting provision re transfer of funds to Environmental Quality Fund; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011; P.A. 14-217 amended Subsec. (a) to delete reference to fee on and after July 1, 2004, amended Subsec. (b) to make technical changes and added Subsec. (c) re certification and deposit of withheld funds, effective July 1, 2014.
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Sec. 22a-27k. Long Island Sound account. Section 22a-27k is repealed, effective October 1, 2009.
(P.A. 92-133, S. 5, 9; P.A. 94-130, S. 7; 94-227, S. 7; June Sp. Sess. P.A. 09-3, S. 513.)
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Sec. 22a-27l. Endangered species, natural area preserve and watchable wildlife account. Regulations. (a) There is established an endangered species, natural area preserves and watchable wildlife account which shall be a separate, nonlapsing account within the General Fund. Any moneys collected under the contribution system established under section 12-743 shall be deposited by the Commissioner of Revenue Services into the account. This account may also receive moneys from public and private sources or from the federal government. All moneys deposited in the account shall be used by the Department of Energy and Environmental Protection, or persons acting under a contract with the department, for (1) the identification, protection, conservation or management of, or the development and production of materials or facilities providing information or education concerning, endangered species, natural area preserves or nonharvested wildlife; or (2) the promotion of the income tax contribution system and the endangered species, natural area preserves and watchable wildlife account. Expenditures from the account in any fiscal year for the promotion of the contribution system or the account shall not exceed ten per cent of the amount of moneys raised during the previous fiscal year provided such limitation shall not apply to an expenditure of not more than fifteen thousand dollars from the account on or before July 1, 1994, to reimburse expenditures made on or before said date, with prior written authorization of the Commissioner of Energy and Environmental Protection, by private organizations to promote the contribution system and the endangered species, natural area preserves and watchable wildlife account.
(b) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to provide for distribution of funds available pursuant to this section and section 12-743.
(P.A. 93-233, S. 4; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011.
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Secs. 22a-27m to 22a-27o. Air emissions permit operating fee account. Connecticut lighthouse preservation account. Greenways account. Sections 22a-27m to 22a-27o, inclusive, are repealed, effective October 1, 2009.
(P.A. 94-130, S. 12; P.A. 97-221, S. 1; 97-236, S. 19, 27; June 30 Sp. Sess. P.A. 03-6, S. 149; P.A. 04-151, S. 15; June Sp. Sess. P.A. 09-3, S. 513.)
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Sec. 22a-27p. Private funds authorized for renovation of historical structures on state land. The Commissioner of Energy and Environmental Protection may accept and use private donations for the renovation of historical structures on state land.
(P.A. 97-221, S. 3; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-27q. Hazard mitigation and floodplain management account. Section 22a-27q is repealed, effective October 1, 2009.
(P.A. 04-144, S. 7; June Sp. Sess. P.A. 09-3, S. 513.)
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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 Energy and 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; P.A. 11-80, S. 1.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-27s. Face of Connecticut Steering Committee: Membership, chairperson. (a) There is established the Face of Connecticut Steering Committee, which shall be within the Department of Energy and Environmental Protection for administrative purposes only. Such committee shall direct the expenditure of any funds deposited in the Face of Connecticut account created under section 22a-27t. The committee shall consist of the Commissioner of Energy and Environmental Protection, the Commissioner of Economic and Community Development, or the commissioner's designee, the Commissioner of Agriculture, a member of the Connecticut Tourism Council, appointed by its chairperson, the Secretary of the Office of Policy and Management and ten members as follows: (1) A representative of a local organization involved in historic preservation, appointed by the speaker of the House of Representatives; (2) a representative of a nonprofit organization involved in farmland preservation, appointed by the president pro tempore of the Senate; (3) a representative of a local or regional nonprofit organization involved in the preservation of open space, appointed by the majority leader of the House of Representatives; (4) a representative of a water company actively involved in land preservation, appointed by the majority leader of the Senate; (5) a representative of the agricultural industry, appointed by the minority leader of the House of Representatives; (6) a representative of a state-wide nonprofit involved in the preservation of open space, appointed by the minority leader of the Senate; (7) a representative of a state-wide nonprofit organization involved in historic preservation, appointed by the Governor; (8) a representative of an organization involved with community redevelopment, appointed by the Governor; (9) a representative of the legislative Brownfields Task Force, appointed by the speaker of the House of Representatives; and (10) a representative of the environmental law section of the Connecticut Bar Association who is involved with brownfields remediation, appointed by the president pro tempore of the Senate.
(b) All initial appointments to the committee shall be made not later than September 1, 2008. The term of each appointed member of the steering committee shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. The Commissioner of Energy and Environmental Protection shall serve as the chairperson of the committee for the two years following the appointment of the committee, followed first by the Commissioner of Agriculture for two years and subsequently by the Commissioner of Economic and Community Development or said commissioner's designee for two years. Such rotation shall repeat every two years thereafter in the order specified in this subsection, except that if there is a vacancy in one of said positions, one of the other commissioners may serve as chairperson until the vacancy is filled.
(c) The committee shall meet quarterly.
(P.A. 08-174, S. 2; P.A. 11-48, S. 169; 11-80, S. 1; P.A. 21-193, S. 11.)
History: P.A. 08-174 effective June 13, 2008; P.A. 11-48 amended Subsec. (a) to replace “executive director of the Connecticut Commission on Culture and Tourism” with “chairperson of the Culture and Tourism Advisory Committee” and amended Subsec. (b) to delete “and subsequently by the executive director of the Connecticut Commission on Culture and Tourism for two years”, effective July 1, 2011 (Revisor's note: In Subsec. (b), the words “or the executive director” were deleted editorially by the Revisors to conform with changes made by P.A. 11-48); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-193 amended Subsec. (a) to replace “the chairperson of the Culture and Tourism Advisory Committee” with “a member of the Connecticut Tourism Council, appointed by its chairperson”, effective July 13, 2021.
See Sec. 4-38f for definition of “administrative purposes only”.
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Sec. 22a-27t. Face of Connecticut account. There is established an account to be known as the “Face of Connecticut 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 and contributions from any source, public or private. Any moneys in the account shall be expended by the Commissioner of Energy and Environmental Protection, as directed by the Face of Connecticut Steering Committee established pursuant to section 22a-27s for the acquisition, restoration or stewardship of properties, each of which such properties, when acquired or restored, will serve not less than two of the following objectives: (1) The conservation of open space land, as defined in section 12-107b; (2) the renovation and enhancement of urban parks; (3) the preservation of active agricultural land; or (4) the restoration or reuse of historic resources.
(P.A. 08-174, S. 1; P.A. 11-80, S. 1.)
History: P.A. 08-174 effective June 13, 2008; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
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Sec. 22a-27u. Air emissions permit operating fee account. (a) There is established an account to be known as the “air emissions permit operating fee account”. Said account shall be established by the Comptroller as a separate, nonlapsing account within the General Fund. Any moneys collected in accordance with section 22a-174 shall be deposited in the General Fund and credited to the air emissions permit operating fee account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. The account shall be used by the Commissioner of Energy and Environmental Protection for the purpose of covering the direct and indirect costs of administering the program set forth in Title V of the federal Clean Air Act Amendments of 1990.
(b) On and after April 1, 2003, any moneys in the air emissions permit operating fee account in excess of the federally mandated level of presumptive funding calculated pursuant to 40 CFR 70.9, as amended from time to time, may be used by the Commissioner of Energy and Environmental Protection to carry out the provisions of chapter 446c or may be transferred, at the direction of the commissioner, to the federal Clean Air Act account established pursuant to section 14-49b.
(c) On or before September thirtieth of each year, the State Comptroller shall transfer from the air emissions permit operating fee account to the federal Clean Air Act account such funds identified by the commissioner as being in excess of the federally mandated level of presumptive funding calculated pursuant to 40 CFR 70.9, as amended from time to time.
(Sept. Sp. Sess. P.A. 09-8, S. 33; P.A. 11-80, S. 1.)
History: Sept. Sp. Sess. P.A. 09-8 effective October 5, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (b), effective July 1, 2011.
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Sec. 22a-27v. Long Island Sound account. Habitat restoration matching subaccount. (a) There is established an account to be known as the “Long Island Sound account”. The Long Island Sound account shall be a separate, nonlapsing account of the General Fund. Any moneys required by law to be deposited in the account shall be deposited in and credited to the Long Island Sound account. The account shall be available to the Commissioner of Energy and Environmental Protection for (1) (A) restoration and rehabilitation of tidal wetlands in proximity to Long Island Sound, (B) restoration and rehabilitation of estuarine embayments in proximity to Long Island Sound, (C) acquisition of public access to Long Island Sound, (D) propagation of and habitat protection for shellfish and finfish, including anadromous fish, and (E) education and public outreach programs to enhance the public's understanding of the need to protect and conserve the natural resources of Long Island Sound; (2) allocation of grants to agencies, institutions or persons, including, but not limited to, the Long Island Sound Foundation, to conduct research and to provide public education and public awareness to enhance understanding and management of the natural resources of Long Island Sound; (3) provision of funds for services which support the protection and conservation of the natural resources of Long Island Sound; or (4) reimbursement of the Department of Motor Vehicles for the cost of producing, issuing, renewing and replacing Long Island Sound commemorative number plates, including administrative expenses, pursuant to section 14-21e.
(b) The commissioner may receive private donations to the Long Island Sound account and any such receipts shall be deposited in the account.
(c) The commissioner may provide for the reproduction and marketing of the Long Island Sound commemorative number plate image for use on clothing, recreational equipment, posters, mementoes, or other products or programs deemed by the commissioner to be suitable as a means of supporting the Long Island Sound account. Any funds received by the commissioner from such marketing shall be deposited in the Long Island Sound account.
(d) Within the Long Island Sound account, there shall be a subaccount to be known as the “habitat restoration matching subaccount”. The subaccount shall contain donations required to be deposited in the subaccount pursuant to section 14-21e. The subaccount may also contain moneys from public or private sources, or from the federal government or a municipal government. The subaccount shall be available to the Commissioner of Energy and Environmental Protection to: (1) Match federal and private habitat restoration and rehabilitation funds, (2) provide grants to municipalities and nonprofit organizations for habitat restoration and rehabilitation purposes within the Long Island Sound watershed, (3) complete wildlife habitat acquisition, enhancement and management projects, (4) promote public habitat restoration, rehabilitation and acquisition outreach within the Long Island Sound watershed, and (5) provide support to lobster fishermen adversely impacted by any regulatory action deemed necessary to rebuild the Long Island Sound lobster population. Nothing in this section shall prevent the commissioner from obtaining or using funds from sources other than the subaccount for the restoration and rehabilitation of habitats within the Long Island Sound watershed.
(Sept. Sp. Sess. P.A. 09-7, S. 188; P.A. 11-80, S. 1; 11-246, S. 2.)
History: Sept. Sp. Sess. P.A. 09-7 effective October 5, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (d), effective July 1, 2011; P.A. 11-246 added Subsec. (d) re habitat restoration matching subaccount, effective July 13, 2011.
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Sec. 22a-27w. Lease or other authorization to facilitate the preservation of lighthouses. The state of Connecticut, acting through the Commissioner of Energy and Environmental Protection, is authorized to grant a lease or other appropriate authorization to allow for the occupancy of submerged lands held in public trust by the state underlying or associated with lighthouses for the purpose of facilitating the preservation of such lighthouses pursuant to the National Historic Lighthouse Preservation Act of 2000, 16 USC 470w-7, provided any such lease shall be for a term: (1) Of thirty years with the option to renew whenever such lighthouse is sold pursuant to said act, or (2) that is coterminous with the applicable lease whenever such lighthouse is leased pursuant to said act. Any such lease shall contain appropriate conditions to ensure consistency with the goals and policies of section 22a-92 and with other interests of the state, including, but not limited to, reasonable public access whenever such lease is to a nonprofit organization, preservation of historic structures and education of the public regarding such structures. Nothing in this section and no provision in any lease authorized pursuant to this section shall be construed to relieve any lessee from the obligation to obtain any applicable federal, state or local permit for the construction of any new structure or appurtenance on such submerged lands.
(Sept. Sp. Sess. P.A. 09-4, S. 14; P.A. 11-80, S. 1; P.A. 15-35, S. 1.)
History: Sept. Sp. Sess. P.A. 09-4 effective September 25, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 15-35 replaced “over” with “to allow for the occupancy of” and reference to Penfield Reef Lighthouse with reference to lighthouses, deleted provisions re lease or other authorization constituting right of occupancy and lease for consideration for term of no more than 10 years, added Subdivs. (1) and (2) re terms of lease, added reference to nonprofit organization in provision requiring reasonable public access, added provision re lessee to obtain permits for construction of any new structure or appurtenance, and made technical changes, effective June 5, 2016.
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Sec. 22a-27x. Batterson Park. Memorandum of agreement. The Department of Energy and Environmental Protection, the city of Hartford and Riverfront Recapture shall enter into a memorandum of agreement for the care, maintenance and operation of Batterson Park by Riverfront Recapture. Such agreement may include, but shall not be limited to: (1) Authorization for Riverfront Recapture, through its agents and employees, to enter upon, maintain and operate all areas of Batterson Park, including, but not limited to, any areas not under the care, custody and control of the city of Hartford, and (2) the provision of a grant-in-aid from the Department of Energy and Environmental Protection to Riverfront Recapture, each fiscal year, for the care, maintenance and operation of Batterson Park through funding available to such state agency in accordance with the provisions of section 23-15h.
(P.A. 24-81, S. 41.)
History: P.A. 24-81 effective May 30, 2024.
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Sec. 22a-27y. Thames River Heritage Park water taxi boat and tour operations. Memorandum of agreement. The Department of Energy and Environmental Protection shall enter into a memorandum of agreement with the Thames River Heritage Park Foundation for the funding of the operations and administration of a water taxi boat and tour operations along the Thames River in both the city of New London and the city of Groton during the fiscal years ending June 30, 2025, to June 30, 2031, in accordance with subsection (a) of section 23-15h.
(P.A. 24-81, S. 42.)
History: P.A. 24-81 effective May 30, 2024.
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