(a)(1) If the commissioner finds that any person created or maintained a release to the land and waters of the state on or after the date when regulations are first adopted pursuant to section 22a-134tt, the commissioner may order such person to take the necessary steps to comply with the provisions of sections 22a-134qq to 22a-134tt, inclusive. Each order issued under this section shall be served by certified mail, return receipt requested, or by service by a state marshal or indifferent person. If the order is served by a state marshal or indifferent person, a true copy of the order shall be served, and the original, with a return of such service endorsed thereon, shall be filed with the commissioner. The order shall be deemed to be issued upon service or upon deposit in the mail. Any order issued pursuant to this section shall state the basis on which it is issued and shall specify a reasonable time for compliance.
(2) Any person who receives an order pursuant to this section shall have the right to a hearing. Unless a person who receives an order files a written request for a hearing before the commissioner within thirty days after the date of issuance, such order shall become final. A request for a hearing shall be a condition precedent to any appeal of such order.
(3) The provisions of section 22a-434 regarding filing an order on the land records, notice and a certificate of compliance or revocation shall apply to any order that becomes final under this subsection.
(b) If two or more persons are issued the same order pursuant to subsection (a) of this section or are responsible for a violation of any provision of sections 22a-134qq to 22a-134tt, inclusive, or any regulation or order adopted or issued under sections 22a-134qq to 22a-134tt, inclusive, such persons shall be jointly and severally liable under this subsection.
(c) If any person violates any provision of sections 22a-134qq to 22a-134tt, inclusive, or any regulation or order adopted or issued under sections 22a-134qq to 22a-134tt, inclusive, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person from such violation and to order remedial measures to prevent, control or abate such violation. All actions brought by the Attorney General pursuant to the provisions of this section shall have precedence in the order of trial as provided in section 52-191.
(d) Any person who violates any provision of sections 22a-134qq to 22a-134tt, inclusive, shall be liable for the penalties provided in section 22a-438, provided any provisions of said section concerning a continuing violation shall not apply to a person or municipality during the time when a hearing on an order issued pursuant to this section or an appeal is pending. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty.
(e) Any person who violates any provision of sections 22a-134qq to 22a-134tt, inclusive, shall be liable for the penalties provided in subsections (b) and (c) of section 22a-438.
(f) The commissioner may, pursuant to section 22a-6b, adopt a schedule for administrative civil penalties for violations of the provisions of sections 22a-134qq to 22a-134tt, inclusive.
(g) Whenever the commissioner finds, after investigation, that any person is creating or maintaining a release to the land and waters of the state in violation of the requirements of sections 22a-134qq to 22a-134tt, inclusive, and such violations are substantial and continuous and it appears prejudicial to the interest of the people of the state to delay action, the commissioner may, without prior hearing, issue a cease and desist order, in writing, to such person to discontinue creating or maintaining such release. The provisions of subsections (b) to (d), inclusive, of section 22a-7 shall apply to any order issued pursuant to this subsection.
(Sept. Sp. Sess. P.A. 20-9, S. 18.)
History: Sept. Sp. Sess. P.A. 20-9 effective October 2, 2020.
Structure Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 445b - Release-Based Remediation of Hazardous Waste
Section 22a-134pp. - Definitions.
Section 22a-134qq. - Release to land and waters of the state. Prohibition. Violation.
Section 22a-134uu. - Auditing of verifications. Report.
Section 22a-134ww. - Liability protections of other provisions. Innocent landowner defense.