Title 22a, Title 22a: Environmental Protection

Sec. 22a-354o. Municipal aquifer protection agency: Creation; members; regulation; training. Fines. (a) Each municipality in which an aquifer protection area is located shall authorize by ordinance an existing board or commission to act as such agency not later than three months …

Sec. 22a-354p. Municipal aquifer protection agency: Regulations, permits, fees. Approval of regulations. Authority of commissioner. Submission of documents. (a) The aquifer protection agency authorized by section 22a-354o shall, by regulation, provide for (1) the manner in which …

Sec. 22a-354q. Appeals. (a) The Commissioner of Energy and Environmental Protection or any person aggrieved by any regulation, order, decision or action made pursuant to sections 22a-354o to 22a-354t, inclusive, or section 14 of public act 89-305* by the commissioner or municipal…

Sec. 22a-354r. Findings on appeal. Setting aside or modifying action. Authority to purchase land. (a) If upon appeal pursuant to section 22a-354q, the court finds that the action appealed from constitutes the equivalent of a taking without compensation, it shall set aside the act…

Sec. 22a-354s. Penalty. Court orders. (a) If the aquifer protection agency or its duly authorized agent finds that any person is conducting or maintaining any activity, facility or condition which violates any provision of sections 22a-354o to 22a-354t, inclusive, or section 14 o…

Sec. 22a-354t. Revocation of municipal authority to regulate aquifer protection areas. (a) The Commissioner of Energy and Environmental Protection may revoke the authority of a municipality to regulate aquifer protection areas pursuant to sections 22a-354o to 22a-354s, inclusive,…

Sec. 22a-354u. Incentive program for public recognition of users of land within aquifer protection areas who implement innovative approaches to groundwater protection. The Commissioner of Energy and Environmental Protection shall develop an incentive program to provide public rec…

Sec. 22a-354v. Technical training classes for members and staff of municipal aquifer protection agencies. The Commissioner of Energy and Environmental Protection shall formulate courses in technical training for members and staff of municipal aquifer protection agencies. Such cou…

Sec. 22a-354w. Guidelines for acquisition of lands surrounding public water supply well fields. The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health and the chairperson of the Public Utilities Regulatory Authority, shall …

Sec. 22a-354x. Duties of the commissioner. Technical, coordinating and research services. Supervision. Powers of the commissioner. Annual report. (a) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health and water companie…

Sec. 22a-354y. Preparation of municipal assistance program by water companies. Each water company serving ten thousand or more customers with wells in stratified drift aquifers shall prepare a municipal assistance program, which includes recommendations for site plan reviews, eva…

Sec. 22a-354z. Mapping by water companies of areas of contribution and recharge areas for existing and potential stratified drift wells. (a) Not later than three years after the adoption by the Commissioner of Energy and Environmental Protection of a model municipal aquifer prote…

Sec. 22a-355. (Formerly Sec. 25-5e). Land sales by water companies. Commissioner's duties. (a) The Commissioner of Energy and Environmental Protection shall study the distribution of dedicated open space within the state in relation to proposed land sales by water companies and s…

Sec. 22a-356. (Formerly Sec. 25-5f). Cost estimates re groundwater recharge and discharge. Section 22a-356 is repealed, effective October 1, 2002. (P.A. 77-456, S. 2; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 02-89,…

Sec. 22a-357. (Formerly Sec. 25-6). Special reports. The Governor may, at any time, require the Commissioner of Energy and Environmental Protection to secure the necessary information and submit a special report upon any of the matters contained in sections 22a-337 and 22a-350, a…

Sec. 22a-358. (Formerly Sec. 25-7a). Sale of water by public water systems. (a) Whenever any public water system has water reserves in excess of those required to maintain an abundant supply of water to inhabitants of its service area, such system may sell such excess water to an…

Sec. 22a-359. (Formerly Sec. 25-7b). Regulation of dredging, erection of structures and placement of fill in tidal, coastal or navigable waters. Sunken or grounded vessels. Definitions. (a) The Commissioner of Energy and Environmental Protection shall regulate dredging and the er…

Sec. 22a-360. (Formerly Sec. 25-7c). Establishment of boundaries. In order to carry out the purposes of sections 22a-359 to 22a-363, inclusive, the commissioner is authorized to establish boundaries waterward of the coastal jurisdiction line along tidal, coastal and navigable wat…

Sec. 22a-361. (Formerly Sec. 25-7d). Permit for dredging, structures, placement of fill, obstruction or encroachment, or mooring area or facility. Regulations. General permits. Removal of sand, gravel or other material. Fees. Prohibited docks or structures. (a)(1) No person, firm…

Sec. 22a-361a. Civil penalty. Any person who violates, continues or maintains any violation of any provision of sections 22a-359 to 22a-363f, inclusive, or violates, continues or maintains a violation of any term or condition of any permit, certificate, authorization or order iss…

Sec. 22a-362. (Formerly Sec. 25-7e). Violations as public nuisance. Any violation of sections 22a-359 to 22a-361, inclusive, or any violation of the terms or conditions of a certificate, permit or authorization issued pursuant to said sections shall be considered a public nuisanc…

Sec. 22a-363. (Formerly Sec. 25-7f). Penalty for violation. Any person violating any provision of sections 22a-359 to 22a-362, inclusive, shall be fined not more than two hundred fifty dollars. (1963, P.A. 569, S. 5; P.A. 12-80, S. 17.) History: Sec. 25-7f transferred to Sec. 22a…

Sec. 22a-363a. Definitions. For the purposes of this section and sections 22a-361, 22a-361a, 22a-362, 22a-363b and 22a-363d to 22a-363f, inclusive: “Substantial maintenance” means rebuilding, reconstructing, or reestablishing to a preexisting condition and dimension any structure…

Sec. 22a-363b. Activities eligible for certificate of permission. Exemptions. Issuance of certificate. Failure of commissioner to respond. (a) Routine maintenance of permitted structures, fill, obstructions or encroachments or routine maintenance of structures, fill, obstructions…

Sec. 22a-363c. Application fee. Each application for a certificate of permission, pursuant to section 22a-363b shall be accompanied by a fee of three hundred seventy-five dollars. (P.A. 90-231, S. 14, 28; P.A. 91-369, S. 28, 36; June 30 Sp. Sess. P.A. 03-6, S. 130; June Sp. Sess.…

Sec. 22a-363d. Emergency authorization. Expiration. In situations which may result in immediate, unforeseen and unacceptable hazards to life, health or welfare or significant loss of property if corrective action otherwise requiring a permit or a certificate of permission is not …

Sec. 22a-363e. Failure to comply with order. Littoral owner as responsible party. When, notwithstanding any request for a hearing or a pending appeal, any person fails to comply, within a reasonable time as established by order of the commissioner, with any requirement to discont…

Sec. 22a-363f. Cease and desist orders. Hearing. Decision. Whenever the commissioner finds after investigation that any person is conducting or is about to conduct an activity for which a certificate, permit or authorization is required without obtaining such certificate, permit …

Sec. 22a-363g. Filing of permit, certificate or authorization on municipal land records. (a) Any recipient of a permit, certificate or other authorization issued pursuant to sections 22a-32, 22a-361, 22a-363b and 22a-363d on or after October 1, 2010, shall file on the land record…

Sec. 22a-363h. Approaches to shoreline protection. Pilot program and projects. Shoreline management study. Program to develop and maintain science and engineering capacity to support shoreline planning and management. (a) The Commissioner of Energy and Environmental Protection ma…

Sec. 22a-364. (Formerly Sec. 25-8). Stream gauging stations. The Commissioner of Energy and Environmental Protection is directed to establish, operate and maintain stream gauging stations in connection with the investigation of the water resources of the state in cooperation with…

Sec. 22a-365. Short title: Connecticut Water Diversion Policy Act. Sections 22a-365 to 22a-378, inclusive, shall be known and may be cited as the “Connecticut Water Diversion Policy Act”. (P.A. 82-402, S. 1, 16.) Cited. 28 CA 674.

Sec. 22a-366. Legislative findings. In recognition that the waters of Connecticut are a precious, finite and invaluable resource upon which there is an ever increasing demand for present, new and competing uses; and in further recognition that an adequate supply of water for dome…

Sec. 22a-367. Definitions. As used in sections 22a-365 to 22a-378, inclusive: (1) “Commissioner” means the Commissioner of Energy and Environmental Protection; (2) “Diversion” means any activity which causes, allows or results in the withdrawal from or the alteration, modificatio…

Sec. 22a-368. Registration of existing diversions. Permits. Transfer. (a) Any person or municipality maintaining a diversion prior to or on July 1, 1982, shall register on or before July 1, 1983, with the commissioner on a form prescribed by him the location, capacity, frequency …

Sec. 22a-368a. Reporting of current operating data. (a) The Commissioner of Energy and Environmental Protection shall publish a dated notice of (1) the availability of forms for the reporting of operating data for diversions pursuant to this section, and (2) a deadline for submis…

Sec. 22a-369. Application for permit. Information required. The applicant shall submit an application on such form as the commissioner may prescribe and with such information as the commissioner deems necessary to fulfill the purposes of sections 22a-365 to 22a-378, inclusive, in…

Sec. 22a-370. Notice to town re application. Section 22a-370 is repealed, effective October 1, 2013. (P.A. 82-402, S. 6, 16; P.A. 93-428, S. 11, 39; P.A. 13-209, S. 20.)

Sec. 22a-371. Request for additional information. Notice of completed application. Notice of hearing. Waiver of hearing. (a) Within one hundred eighty days of receipt of an application for a permit, the commissioner shall determine if there is any additional information that he d…

Sec. 22a-372. Commencement of hearing. Application and documents available for public inspection. Parties to proceedings. Regulations. Fees. (a) The commissioner or the commissioner's designated hearing officer shall commence a hearing on the application at the time, date and loc…

Sec. 22a-373. Decision. (a) The commissioner shall, not later than one hundred twenty days after the close of the hearing, make a decision either granting or denying the application as deemed complete in section 22a-371, or granting the application upon such terms, limitations or…

Sec. 22a-374. Appeals. Any person or municipality aggrieved by the decision of the commissioner made pursuant to section 22a-373 may appeal to the Superior Court pursuant to the provisions of section 4-183, except that the appeal shall be instituted by filing a petition in the su…

Sec. 22a-375. Investigation, suspension or revocation of permits. Inventory of diversions. (a) The commissioner may periodically investigate and review those diversions which are taking place pursuant to a permit issued in accordance with sections 22a-365 to 22a-378, inclusive. I…

Sec. 22a-376. Injunctions. Forfeiture. Penalties. (a) If any person or municipality violates any provision of sections 22a-365 to 22a-378, inclusive, or regulations issued in accordance with the provisions of said sections and chapter 54, the commissioner may request the Attorney…

Sec. 22a-377. Exemptions. Regulations. (a) The following diversions are exempt from the provisions of sections 22a-365 to 22a-378a, inclusive: (1) One or more wells joined in one system whose combined maximum withdrawal will not exceed fifty thousand gallons of water during any t…

Sec. 22a-378. Water supply emergency. Violation of water supply emergency order. (a) If a water supply emergency has been declared by the Governor or otherwise according to law, the commissioner shall have the power to: (1) Temporarily suspend a permit for diversion or impose con…