(a) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in or is about to engage in any acts, practices or omission which constitute, or will constitute, a violation of any provision of this chapter, or any regulation adopted or order issued pursuant to this chapter, at the request of the Commissioner of Energy and Environmental Protection, the Attorney General may bring an action in the superior court for the judicial district of New Britain for an order enjoining such acts or practices, to order remedial measures, or for an order directing compliance and, upon a showing by the commissioner that such person has engaged in any such acts, practices or omissions, a permanent or temporary injunction, restraining order or other order may be granted.
(b) Any person who violates any provision of this chapter, including, but not limited to, any regulation adopted or order issued pursuant to this chapter, shall be assessed a civil penalty not to exceed twenty-five thousand dollars per day, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon request of the commissioner, shall institute a civil action in the superior court for the judicial district of New Britain to recover such penalty.
(c) If two or more persons are responsible for a violation of any provision of this chapter, including, but not limited to, any regulation adopted or order issued pursuant to this chapter, such persons shall be jointly and severally liable under this section.
(d) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial as provided in section 52-191.
(P.A. 06-76, S. 28; P.A. 11-80, S. 1.)
History: P.A. 06-76 effective October 1, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
Structure Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 446m - Mercury Reduction and Education
Section 22a-612. - Legislative finding regarding mercury.
Section 22a-613. - Definitions.
Section 22a-614. - Multistate clearinghouse.
Section 22a-615. - Notification.
Section 22a-618. - Exemptions from restrictions on sale or distribution of mercury-added products.
Section 22a-621. - Restrictions on sale or distribution of elemental mercury.
Section 22a-623. - Exemptions for mercury-added products with certain manufacture dates.
Section 22a-624. - Public education program.
Section 22a-626. - Orders to correct or abate violations.