(a) When the plaintiff in any such action has made a prima facie showing that the conduct of the defendant, acting alone, or in combination with others, has, or is reasonably likely unreasonably to pollute, impair or destroy the public trust in the air, water or other natural resources of the state, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also prove, by way of an affirmative defense, that, considering all relevant surrounding circumstances and factors, there is no feasible and prudent alternative to the defendant's conduct and that such conduct is consistent with the reasonable requirements of the public health, safety and welfare. Except as to the aforesaid affirmative defense, nothing in this section shall be construed to affect the principles of burden of proof and weight of the evidence generally applicable in civil actions.
(b) The court before which such action is brought may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a report to the court in the action. The costs of such appointment may be apportioned to the parties if the interests of justice require.
(1971, P.A. 96, S. 4.)
Cited. 170 C. 47; 175 C. 483. Because trial court did not apply the statutory burden-shifting test, it did not decide whether plaintiff's prima facie case was sufficiently rebutted; reversal required because court did not follow statute. 184 C. 51. Cited. 192 C. 591; 197 C. 134; 204 C. 38; Id., 212; 212 C. 710; Id., 727; 215 C. 474; 218 C. 580; 220 C. 54; 222 C. 98; 226 C. 205; Id., 579; 234 C. 488; 237 C. 135; 239 C. 786.
Cited. 30 CA 204; 41 CA 89; Id., 120. Plaintiff failed to provide requisite proof that the conduct of defendants, alone or in combination with others, very likely caused not merely a de minimis pollution, impairment or destruction of a natural resource, but an unreasonable one. 140 CA 155.
Cited. 35 CS 145.
Structure Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 439 - Department of Energy and Environmental Protection. State Policy
Section 22a-1. - Policy of the state.
Section 22a-1a. - Declaration of policy: Coordination of state plans and programs.
Section 22a-1c. - Actions which may significantly affect the environment. Definition.
Section 22a-1e. - Review and determination by Office of Policy and Management.
Section 22a-1g. - Regulations.
Section 22a-1h. - Environmental impact evaluations.
Section 22a-1i. - Environmental contamination risk assessment by Department of Public Health.
Section 22a-2a. - Delegation of inspection and enforcement authority. Regulations.
Section 22a-2b. - “Criminal negligence” defined.
Section 22a-2c. - Office of Business Ombudsman.
Section 22a-3. - Divisions. Deputy commissioners.
Section 22a-4. - Agents, assistants, employees, consultants.
Section 22a-5. - Duties and powers of commissioner.
Section 22a-5a. - Orders. Authority of commissioner to investigate.
Section 22a-5b. - Special funds and accounts administered by the department. Report required.
Section 22a-5c. - Filing of orders on land records. Fifteen-year limit for certain orders.
Section 22a-6aa. - Permit extensions.
Section 22a-6b. - Imposition of civil penalties by the commissioner.
Section 22a-6bb. - Petition for public hearing. Withdrawal of petition.
Section 22a-6c. - Hearing on orders concerning solid waste.
Section 22a-6cc. - Consulting services program.
Section 22a-6d. - Payment of costs associated with hearing and transcript.
Section 22a-6dd. - Consent orders for remediation of land. Modification.
Section 22a-6e. - Imposition of civil penalties by the commissioner for water pollution violations.
Section 22a-6ee. - Ninety-day permit application final determinations.
Section 22a-6f. - Fees. Due dates. Late payments. Application. Waiver.
Section 22a-6ff. - Permit preapplication meetings.
Section 22a-6g. - Notice of application for permit. Exemptions.
Section 22a-6i. - Information re time frames for issuance of permits.
Section 22a-6j. - Renewal of permits.
Section 22a-6l. - Posting of public notice of permit applications.
Section 22a-6m. - Compliance history of permit applicants. Criminal history records checks.
Section 22a-6n. - Notice of commissioner's determination regarding certain regulated activities.
Section 22a-6o. - Transfer of licenses.
Section 22a-6p. - Time frames for issuance of permits. Regulations.
Section 22a-6q. - Alternative time frame for action on permit.
Section 22a-6s. - Minor violations of environmental protection laws.
Section 22a-6v. - Report on protected open space acquisition.
Section 22a-6w. - Notice to municipality of commissioner's enforcement action.
Section 22a-6x. - Office of Enforcement Policy and Coordination.
Section 22a-6y. - Exemplary environmental management systems.
Section 22a-7. - Cease and desist orders. Service. Hearings. Injunctions.
Section 22a-7a. - Bond on appeal from final decision.
Section 22a-8. - State-wide environmental plan. Advisory board. Annual conference.
Section 22a-8a. - Commissioner to inventory hazardous waste disposal sites.
Section 22a-9. - Commissioner as agent of state and political subdivisions.
Section 22a-10. - Payment of refunds.
Section 22a-11. - Council on Environmental Quality.
Section 22a-13. - Citizen complaints.
Section 22a-14. - Short title: Environmental Protection Act of 1971.
Section 22a-15. - Declaration of policy.
Section 22a-16. - Action for declaratory and equitable relief against unreasonable pollution.
Section 22a-17. - Defense. Appointment of master or referee.
Section 22a-18. - Powers of court.
Section 22a-19. - Administrative proceedings.
Section 22a-19a. - Historic structures and landmarks. When court costs assessed against plaintiff.
Section 22a-19b. - Exception for certain property listed on the state register of historic places.
Section 22a-20. - Procedure supplementary to other procedures. Intervening party.
Section 22a-21a. - State assistance related to recreation and park services.
Section 22a-21b. - Connecticut Conservation Corps.
Section 22a-21c. - Connecticut Service Corps: Definitions.
Section 22a-21d. - Connecticut Service Corps established. Project sponsors. Grants.
Section 22a-21e. - Grant application.
Section 22a-21f. - Rating system for grant applications.
Section 22a-21g. - Project eligibility; exceptions.
Section 22a-21h. - Annual reports by project sponsor and commissioner.
Section 22a-21i. - Grants for operating costs of Beardsley Zoological Gardens, Bridgeport.
Section 22a-21j. - School bus emissions reduction program.
Section 22a-21k. - School bus emissions reduction account.
Section 22a-22. (Formerly Sec. 22-7b). - Federal aid and agreements.
Section 22a-23. (Formerly Sec. 22-7c). - Federal funds to be held in separate account.
Section 22a-24. (Formerly Sec. 22-7d). - Powers additional to those under other statutes.
Section 22a-25. (Formerly Sec. 22-7e). - Acquisition of land and waters.
Section 22a-26a. - State-owned properties providing public access to Long Island Sound.
Section 22a-27e. - Litter control in parking areas.
Section 22a-27f. - Specifications of fuels. Report to commissioner.
Section 22a-27h. - Conservation Fund. Maintenance, repair and improvement account.
Section 22a-27i. - Fees. Exemption of municipalities.
Section 22a-27k. - Long Island Sound account.
Section 22a-27p. - Private funds authorized for renovation of historical structures on state land.
Section 22a-27q. - Hazard mitigation and floodplain management account.
Section 22a-27r. - Invasive species detection and control account.
Section 22a-27s. - Face of Connecticut Steering Committee: Membership, chairperson.
Section 22a-27t. - Face of Connecticut account.
Section 22a-27u. - Air emissions permit operating fee account.
Section 22a-27v. - Long Island Sound account. Habitat restoration matching subaccount.
Section 22a-27w. - Lease or other authorization to facilitate the preservation of lighthouses.