Title 22a — Title 22a: Environmental Protection

Sec. 22a-336. (Formerly Sec. 25-2). Cooperation with other agencies. Right of entry in performance of duty. The Commissioner of Energy and Environmental Protection may make use of the Connecticut Agricultural Experiment Station and the facilities of said station, and may cooperat…

Sec. 22a-337. (Formerly Sec. 25-3). Commissioner's powers. (a) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, is authorized, as the representative of the state of Connecticut, to negotiate, cooperate and enter into…

Secs. 22a-338 and 22a-339. (Formerly Secs. 25-3b and 25-3c). Algae abatement and control program. Reimbursement of towns and lake authorities for algae and aquatic weed control programs. Sections 22a-338 and 22a-339 are repealed. (1963, P.A. 632; February, 1965, P.A. 239, S. 1; 1…

Sec. 22a-339a. Grants to improve water quality of lakes used for public recreation. The Commissioner of Energy and Environmental Protection may make a grant to any municipality or lake association for a project to improve the water quality of a lake used for public recreation. As…

Sec. 22a-339b. Criteria for grants. Public benefit. The Commissioner of Energy and Environmental Protection shall evaluate the eligibility of a project for a grant and shall award such grant based on lake priorities established by said commissioner pursuant to the federal Clean W…

Sec. 22a-339c. Grant conditions. The grants made under section 22a-339b shall be subject to the following conditions: (1) No grant shall be made for any study, report, plan or restoration measure except if such study, report, plan or restoration measure is in accordance with a pr…

Sec. 22a-339d. Regulations. The Commissioner of Energy and Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of sections 22a-339a to 22a-339c, inclusive. Such regulations shall include provisions for reviewi…

Sec. 22a-339e. Municipal assessment for costs of lake management implementation measures. A municipality may, by vote of its legislative body, impose an assessment of a proportion of the cost of lake management implementation measures upon the owners of property specially benefit…

Sec. 22a-339f. Pilot program for lake preservation. The Commissioner of Energy and Environmental Protection shall: (1) Designate a lake located in two or more municipalities and Bantam Lake in Morris and Litchfield to be the subject of a program of preservation which may serve as…

Sec. 22a-339g. Control of nonnative invasive plant species. The Commissioner of Energy and Environmental Protection shall make recommendations and take appropriate actions for the control of nonnative invasive plant species; prepare information materials for distribution; conduct…

Sec. 22a-339h. Lake Beseck. Water level draw downs. On or before November 1, 2021, the Commissioner of Energy and Environmental Protection shall enter into an agreement with the town of Middlefield and the Lake Beseck Association regarding a schedule for annual water level draw d…

Sec. 22a-339i. Aquatic invasive species management grant and prevention and education program. Allocation of funds. Regulations. (a) There is established an aquatic invasive species management grant and prevention and education program that shall be administered by the Department…

Sec. 22a-339j. Water level draw downs at Bashan Lake. On or before November 1, 2017, the Commissioner of Energy and Environmental Protection shall enter into an agreement with the town of East Haddam and the Bashan Lake Association regarding a schedule for annual water level draw…

Sec. 22a-340. (Formerly Sec. 25-3d). Channels for access to and from deep water to uplands. The commissioner shall have the power and authority, after a public hearing, subject to the issuance of a permit by the corps of engineers of the United States army, to designate and lay o…

Sec. 22a-341. (Formerly Sec. 25-4). Approval of agreements or compacts. No agreement or compact provided for in subsection (a) of section 22a-337 shall be entered into by said commissioner until it has been approved by the Governor and any such agreement or compact shall contain …

Sec. 22a-342. (Formerly Sec. 25-4a). Establishment of stream channel encroachment lines. Permits for encroachments, required findings. Fees. The commissioner may establish, along any tidal or inland waterway or flood-prone area considered for stream clearance, channel improvement…

Sec. 22a-342a. Civil penalty. Any person who places any obstruction, encroachment or hindrance within any stream channel encroachment line established by the Commissioner of Energy and Environmental Protection pursuant to section 22a-342 without a permit issued under said section…

Sec. 22a-343. (Formerly Sec. 25-4b). Determination of lines. The commissioner, in establishing such encroachment lines, shall base their location on the boundaries of the area which would be inundated by a flood similar in size to one or more recorded floods which have caused ext…

Sec. 22a-344. (Formerly Sec. 25-4c). Public hearing. Order establishing lines. Revocation of orders. (a) The commissioner or a hearing examiner, designated by him, shall hold a public hearing to review the proposed encroachment lines along any waterway or flood-prone area prepare…

Sec. 22a-345. (Formerly Sec. 25-4d). Nonconforming uses. Taking of existing structures by commissioner. When the establishment of such lines in accordance with sections 22a-342 to 22a-348, inclusive, requires that they be placed through portions of or so as to include entire exis…

Sec. 22a-346. (Formerly Sec. 25-4e.) Encroachment as nuisance. After the commissioner has established such lines on any waterway or flood plain, any obstruction, encroachment or hindrance of any nature placed within such lines in the direction of the waterway, without specific au…

Sec. 22a-347. (Formerly Sec. 25-4f). Regulations and procedures. The commissioner may, subject to the provisions of subsection (a) of section 22a-6, adopt, revise and amend such rules, regulations and procedures as are necessary to carry out the purposes of sections 22a-342 to 22…

Sec. 22a-348. (Formerly Sec. 25-4g). Municipal powers. (a) The provisions of sections 22a-342 to 22a-348, inclusive, shall not affect the provision of section 7-147 authorizing any town, city or borough to establish such lines within its jurisdiction prior to the establishment of…

Sec. 22a-349. (Formerly Sec. 25-4h). Permitted agricultural or farming uses. Permitted uses within stream channel encroachment lines. (a) The provisions of sections 22a-342 to 22a-348, inclusive, shall not be deemed to restrict agricultural or farming uses of lands located within…

Sec. 22a-349a. General permits for minor activities. Regulations. (a) The Commissioner of Energy and Environmental Protection may issue a permit for any minor activity regulated under sections 22a-342 to 22a-349, inclusive, except for any activity covered by an individual permit,…

Sec. 22a-349b. Permit program for certain commercial projects involving quarrying. Program requirements. The Commissioner of Energy and Environmental Protection shall establish a permitting program for any commercial project that involves quarrying proposed on a parcel of propert…

Sec. 22a-349c. Quarries. Geological source report. Operations plan. (a) For the purposes of this section, “qualified geologist” means a geologist certified by the American Institute of Professional Geologists, licensed by the National Association of State Boards of Geology or cer…

Sec. 22a-349d. Quarries. Testing of aggregate. Report. Sale or provision of aggregate. Regulations. (a) Except as provided in subsection (c) of this section, not later than July 1, 2022, and not less than annually thereafter, the operator of each quarry that sells or provides agg…

Sec. 22a-349e. Producers of aggregate. Petrographic analysis or geological source report. (a) For the purposes of this section, “qualified geologist” has the same meaning as provided in section 22a-349c, and “producer of aggregate” has the same meaning as provided in section 22a-…

Sec. 22a-349f. Producers of aggregate. Testing of course aggregate. Report. Sale or provision of course aggregate. Regulations. (a) For the purposes of this section and section 22a-349e, “producer of aggregate” means a person who processes coarse aggregate intended to be mixed wi…

Sec. 22a-349g. Producers of concrete. Confirmation of fitness for sale and provision of geological source report. (a) For the purposes of this section, “producer of concrete” means any person who mixes coarse aggregate with other component ingredients to create concrete for use i…

Sec. 22a-350. (Formerly Sec. 25-5). Study of conditions relating to flood control. Said commissioner shall make a comprehensive study of all conditions, wherever located, in any way relating to: (a) The control of flood waters, the establishment of encroachment limits along water…

Sec. 22a-351. (Formerly Sec. 25-5a). Inventory of groundwater and surface water resources. Study of water policy needs. (a) The Commissioner of Energy and Environmental Protection is authorized to carry out a ten-year program of detailed geological and hydrological studies and gr…

Sec. 22a-352. (Formerly Sec. 25-5b). State water plan. Requirements. Submission to General Assembly. Public review. Approval. Annual report. (a) Not later than July 1, 2017, the Water Planning Council, established pursuant to section 25-33o, shall, within available appropriations…

Sec. 22a-352a. Conflict between the state water plan and the general statutes. In the event of conflict between any provision of the state water plan and any provision of the general statutes, the provision of the general statutes shall control. (P.A. 19-194, S. 3.) History: P.A.…

Sec. 22a-353. (Formerly Sec. 25-5c). Duties of Secretary of the Office of Policy and Management. Grants to regional councils of governments. Federal funds. The Secretary of the Office of Policy and Management or his or her designee shall be the contractor for the purposes of sect…

Sec. 22a-354. (Formerly Sec. 25-5d). Appropriation of bond proceeds. Notwithstanding the provisions of section 22a-446, one million five hundred thousand dollars of the proceeds of the sale of bonds issued under said section may be used at the discretion of the State Bond Commiss…

Sec. 22a-354a. “Existing well fields” and “potential well fields”, defined. As used in sections 22a-354b to 22a-354f, inclusive, “existing well fields” means well fields in use by a public water supply system when mapping is required pursuant to section 22a-354c or 22a-354z and “…

Sec. 22a-354aa. Strategic groundwater monitoring program in aquifer protection areas. The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, water companies, and business and industry, shall develop a strategic groundwater…

Sec. 22a-354b. Standards for modeling and mapping of locations of aquifers. The Commissioner of Energy and Environmental Protection shall establish standards for two levels of modeling and mapping of the location in aquifers of well field areas, zones of contribution and recharge…

Sec. 22a-354bb. Inventory of agricultural land uses overlying mapped well fields. Not more than two months after approval by the Commissioner of Energy and Environmental Protection of mapping at level B pursuant to section 22a-354d, the commissioner, in consultation with the Comm…

Sec. 22a-354c. Mapping of well fields by water companies. (a) On or before July 1, 1990, each public or private water company serving one thousand or more persons shall map at level B all areas of contribution and recharge areas for its existing wells located in stratified drift …

Sec. 22a-354cc. Regulated activity allowed in municipal aquifer protection areas undergoing remedial action. Restrictions. Regulated activity, as defined in section 22a-354h, shall not be prohibited in aquifer protection areas on any municipally owned site undergoing remedial act…

Sec. 22a-354d. Completion of mapping of well fields. The mapping of aquifers by a public or private water company at level B and level A required pursuant to sections 22a-354c and 22a-354z shall not be deemed to be complete unless approved by the Commissioner of Energy and Enviro…

Sec. 22a-354e. Inventory of land uses overlying aquifers. Not later than three months after approval of the Commissioner of Energy and Environmental Protection of mapping of aquifers at level B, each municipal aquifer protection agency authorized pursuant to section 22a-354o shal…

Sec. 22a-354f. Guidelines for inventory. The Commissioner of Energy and Environmental Protection shall develop guidelines to be used by municipal boards or commissions in conducting the inventory of land uses required under section 22a-354e. (P.A. 88-324, S. 6; P.A. 11-80, S. 1.)…

Sec. 22a-354g. Findings. The General Assembly finds that aquifers are an essential natural resource and a major source of public drinking water; that reliance on groundwater will increase because opportunities for development of new surface water supplies are diminishing due to t…

Sec. 22a-354h. Definitions. For the purposes of sections 19a-37, 22-6c, 22a-354c, 22a-354e, 22a-354g to 22a-354bb, inclusive, 25-32d, 25-33h and 25-33n and subsection (a) of section 25-84: (1) “Regulated activity” means any action, process or condition which the Commissioner of E…

Sec. 22a-354i. Regulations. (a) On or before July 1, 1991, the Commissioner of Energy and Environmental Protection shall publish notice of intent to adopt regulations in accordance with chapter 54 for land use controls in aquifer protection areas. The regulations shall establish …

Sec. 22a-354j. Consistency of aquifer regulations with regulations re farm resources management plans. State regulations for aquifer protection areas adopted by the Commissioner of Energy and Environmental Protection pursuant to section 22a-354i shall be consistent with regulatio…