Title 22a — Title 22a: Environmental Protection

Sec. 22a-97. Duties of the commissioner. Technical, coordinating and research services. Supervision. (a) The commissioner shall provide, within available appropriations, technical, coordinating and research services to promote the effective administration of this chapter at the f…

Sec. 22a-98. Commissioner to coordinate regulatory programs. The commissioner shall coordinate the activities of all regulatory programs under his jurisdiction with permitting authority in the coastal area to assure that the administration of such programs is consistent with the …

Sec. 22a-99. Testimony by coastal municipality on permits and licenses. Appeal from decision of the commissioner. A coastal municipality may submit written testimony to the commissioner and may appear by right as a party to any hearing before said commissioner concerning any perm…

Sec. 22a-114. Legislative finding; policy of the state. The General Assembly finds that improper management of hazardous wastes has contaminated the water, soil and air of the state thereby threatening the health and safety of Connecticut citizens; that the economic benefits to t…

Sec. 22a-115. Definitions. As used in this chapter: (1) “Hazardous waste” means any waste material which may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed, including (A) hazard…

Sec. 22a-116. Regulations. (a) Except as specified in this chapter the regulations and procedures of the Connecticut Siting Council shall be the same as those for proceedings under sections 16-50g to 16-50z, inclusive, and in the rules of practice adopted under such sections. (b)…

Sec. 22a-117. Construction or modification of hazardous waste facility. When certificate required. Transfer of certificate. Polychlorinated biphenyls. (a) No person shall commence construction or modification of a hazardous waste facility unless such person has been issued a cert…

Sec. 22a-118. Application for certificate. Information required. Amendment or transfer of certificate. Issuance of other permits by Commissioner of Energy and Environmental Protection. Notice of application. (a) An application for a certificate shall be filed with the council, ac…

Sec. 22a-119. Hearing on application. Appointment of ad hoc members. Notice. Comments by state agencies. (a) Upon receipt by the council of an application for a certificate, or an application for the amendment or transfer of a certificate, which meets the requirements of section …

Sec. 22a-120. Parties to certification proceedings. Limited appearances. Grouping of parties. Supervision of legal matters for council. (a) The parties to the certification proceedings shall include: (1) The applicant; (2) each person entitled to receive a copy of the application…

Sec. 22a-121. Record of hearing. Rights of parties. (a) A record shall be made of the hearing and of all testimony taken and the cross-examination thereon. Every party or group of parties shall have the right to present such oral or documentary evidence and to conduct such cross-…

Sec. 22a-122. Decision and opinion. Criteria for decision. Findings and determination. Financial responsibility. Service and publication. Appeal. (a) The council shall, within the time specified in subsection (f) of section 22a-119, render a decision upon the record by an affirma…

Sec. 22a-123. Enforcement of certificate requirements and other standards. Penalties. The commissioner shall insure that each facility for which a certificate has been issued is constructed, maintained and operated in compliance with such certificate, and any other standards esta…

Sec. 22a-124. Exclusive jurisdiction of council. Municipal regulation of proposed location. Appeal of zoning decision. (a) Notwithstanding any other provision of the general statutes, the council shall have exclusive jurisdiction over the siting of facilities subject to the provi…

Sec. 22a-125. Payments to municipalities to be made by operators of hazardous waste disposal facilities. Section 22a-125 is repealed. (P.A. 80-472, S. 12, 14; P.A. 81-369, S. 19, 20.)

Sec. 22a-126. Use of facility after postclosure period. Disposal Facility Trust Fund. (a) After the period of postclosure, the commissioner shall determine by a procedure established under the provisions of regulations adopted in accordance with the provisions of subsection (d) o…

Sec. 22a-127. Local project review committee. Technical assistance for review of application. (a) In each municipality where a hazardous waste facility is proposed to be located, there may be established a local project review committee consisting of not less than four and not mo…

Sec. 22a-128. Payments of assessments or negotiated incentives to municipalities by operators of hazardous waste disposal facilities. Reports of negotiations to council. (a) The owner or operator of a hazardous waste facility or an owner or operator who modifies an existing hazar…

Sec. 22a-129. Chief elected official's right of access to facility for inspection of premises and review of records. Time allowed for response to complaints. The chief elected official of the municipality where the facility is proposed to be located or his designee shall have ful…

Sec. 22a-130. Regulations. All regulations required by this chapter and sections 16-50j and 16-50v shall be adopted by January 1, 1982. All applications for a permit for a hazardous waste facility pending before any federal, state or local agency as of July 1, 1981, shall be deem…

Sec. 22a-130a. Regulations re the facilitation of flexibility and increased compliance by hazardous waste generators with certain regulatory requirements. (a) Not later than July 1, 2018, the Commissioner of Energy and Environmental Protection shall, in accordance with chapter 54…

Sec. 22a-131. Civil penalty for violation of hazardous waste program. Any person who violates any provision of the state's hazardous waste program shall be assessed a civil penalty of not more than twenty-five thousand dollars for each day such violation continues. The Attorney G…

Sec. 22a-131a. Penalties. Terms defined. (a) Any person who (1) wilfully fails to prepare a manifest required in accordance with the provisions of the State Hazardous Waste Program promulgated under subsection (c) of section 22a-449 or any regulation adopted pursuant to said subs…

Sec. 22a-132. Hazardous waste assessment. (a) There shall be paid to the Commissioner of Revenue Services by (1) a generator of hazardous waste required to file a manifest pursuant to the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), as from time to time a…

Sec. 22a-132a. Administration expenses. Fees. Staff. Consultants. (a) All expenses of administering this chapter incurred by the Connecticut Siting Council and its staff and such studies as the council deems necessary to carry out its duties under this chapter, exclusive of expen…

Sec. 22a-133. Payments prohibited if federal funds available. Payments shall not be made from the fund established by section 22a-451 for costs incurred by the state pursuant to subdivision (1) of subsection (d) of said section if federal funds are available for payment of such c…

Sec. 22a-133a. Definitions: Discovery and cleanup of hazardous waste disposal sites. As used in this section, sections 22a-133b to 22a-133k, inclusive, section 22a-448 and subsection (c) of section 22a-449: (1) “Commissioner” means the Commissioner of Energy and Environmental Pro…

Sec. 22a-133aa. Covenant not to sue prospective purchasers or owners of contaminated land. Approval of remediation plan by commissioner. Fee. (a) The Commissioner of Energy and Environmental Protection may enter into a covenant not to sue with any prospective purchaser or owner o…

Sec. 22a-133b. Discovery and evaluation of hazardous waste disposal sites deemed to pose threat to the environment or public health. The Commissioner of Energy and Environmental Protection shall establish a program for the discovery and evaluation of hazardous waste disposal site…

Sec. 22a-133bb. Covenant not to sue prospective purchasers or owners of contaminated real property. Approval of remediation plan by licensed environmental professional. (a) The Commissioner of Energy and Environmental Protection shall enter into a covenant not to sue with any pro…

Sec. 22a-133c. Hazardous waste disposal site inventory. The commissioner shall maintain a hazardous waste disposal site inventory and provide for a method of recording the status of sites therein. The inventory shall include all sites listed on the report entitled “An Inventory o…

Sec. 22a-133cc. Submission of information for covenant not to sue. Any person seeking a covenant not to sue under sections 22a-133aa and 22-133bb shall submit to the commissioner sufficient information to allow the commissioner to make any determination required in said sections.…

Sec. 22a-133d. Site assessments. (a) Any site listed in the report prepared pursuant to section 22a-8a where remedial action has not been initiated shall be assessed on or before June 30, 1991. Any other hazardous waste disposal site determined by the commissioner to pose a threa…

Sec. 22a-133dd. Entry onto property to perform environmental site assessment or investigation on behalf of municipality. (a) Any municipality or any licensed environmental professional employed or retained by a municipality may enter, without liability upon any property within su…

Sec. 22a-133e. Remedial action. (a) Remedial action for sites on the inventory that is proceeding in accordance with the provisions of state or federal programs shall continue in accordance with such programs. (b) The commissioner shall provide for remedial action for all assesse…

Sec. 22a-133ee. Liability of owner of real property for pollution that occurred or existed prior to taking title. (a) Notwithstanding any provision of the general statutes, and except as provided in this section, no owner of real property shall be liable for any costs or damages …

Sec. 22a-133f. Costs of remedial action. Regulations. (a) The costs of remedial action pursued in accordance with the provisions of section 22a-133e may be paid from (1) available appropriations, or (2) any account authorized under subsection (a) of section 29 of special act 87-7…

Sec. 22a-133ff. Municipal liability for easement acquired for recreational use. (a) For purposes of this section, “charge” has the same meaning as provided in section 52-557f, except that “charge” does not include tax revenue collected pursuant to title 12 by any owner, as define…

Sec. 22a-133g. Reimbursement for costs and expenses of remedial action. Whenever the commissioner pursues remedial action pursuant to section 22a-133e, he shall seek reimbursement of the costs and expenses incurred by requesting the Attorney General to bring a civil action to rec…

Sec. 22a-133gg. Evaluation of risk-based decision making for remediation of contaminated sites. Report. Statutory and regulatory recommendations. The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, shall evaluate risk-b…

Sec. 22a-133h. Telephone line for hazardous waste disposal site information. The commissioner shall establish a toll-free telephone line to receive anonymous information from the public leading to the discovery of hazardous waste disposal sites. Any site identified from such info…

Sec. 22a-133hh. Unified clean-up program regulations. Required provisions. Notwithstanding any provision of the general statutes, in any regulation that the Commissioner of Energy and Environmental Protection adopts on or after July 1, 2014, concerning the establishment of a unif…

Sec. 22a-133i. Bonds. The commissioner may provide the state share of payments of the costs of remedial action pursuant to CERCLA from funds authorized pursuant to subsection (a) of section 29 of special act 87-77 and subdivision (5) of subsection (e) of section 2 of special act …

Sec. 22a-133ii. Brownfield liability relief program. Application. Eligibility. Liability. Plan and schedule for remediation and redevelopment. Acceptance in program. (a) For the purposes of this section: (1) “Applicant” means any (A) municipality, (B) economic development agency …

Sec. 22a-133j. Annual report. On or before October 1, 1987, and annually thereafter, the commissioner shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the activities of the program authorized…

Sec. 22a-133k. Regulations establishing standards for the remediation of hazardous waste sites and for review and approval of final remedial action reports. (a) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of c…

Sec. 22a-133l. Grants to clean up landfills where hazardous waste was disposed of. (a) The Commissioner of Energy and Environmental Protection may establish, within available appropriations, a program of grants to municipalities and regional refuse disposal districts for the clea…

Sec. 22a-133m. Urban sites remedial action program. Acquisition of sites. Remediation fund. Urban community sites. (a) An urban sites remedial action program is established to identify, evaluate, plan for and undertake the remediation of polluted real property. (b) The Commission…

Sec. 22a-133n. Environmental use restrictions: Definitions. For the purposes of sections 22a-133n to 22a-133r, inclusive: “Commissioner” means the Commissioner of Energy and Environmental Protection; “person” has the same meaning as provided in section 22a-2; and “environmental u…

Sec. 22a-133o. Environmental use restrictions: Requirements. Environmental land use restriction. Notice of activity and use limitation. (a) An owner of land may execute and record an environmental use restriction under sections 22a-133n to 22a-133r, inclusive, on the land records…