Title 22a, Title 22a: Environmental Protection

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…

Sec. 22a-354k. Groundwater education program. The Commissioner of Energy and Environmental Protection shall develop and implement a groundwater education program. In developing such program the commissioner shall consult with the Commissioner of Public Health, water utilities, st…

Sec. 22a-354l. Model municipal aquifer protection ordinance. Not later than October 1, 1995, the Commissioner of Energy and Environmental Protection shall prepare a model municipal aquifer protection ordinance, consistent with regulations adopted under section 22a-354i. The ordin…

Sec. 22a-354m. Farm resources management plans. Regulations. (a) The Commissioner of Energy and Environmental Protection may, in accordance with regulations adopted pursuant to subsection (d) of this section, require any person engaged in agriculture on land located within an aqu…

Sec. 22a-354n. Delineation of aquifer protection areas on maps prepared by zoning commissions, planning commissions or planning and zoning commissions. Challenges to boundaries. The zoning commission, planning commission or planning and zoning commission of each municipality with…

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,…