Sec. 22a-6. Commissioner to establish environmental standards, regulations and fees, to make contracts and studies and to issue permits. Complaints. Hearings. Bonds. Notice of contested cases. - Connecticut Statutes

      Sec. 22a-6. Commissioner to establish environmental standards, regulations and fees, to make contracts and studies and to issue permits. Complaints. Hearings. Bonds. Notice of contested cases. (a) The commissioner may: (1) Adopt, amend or repeal, in accordance with the provisions of chapter 54, such environmental standards, criteria and regulations, and such procedural regulations as are necessary and proper to carry out his functions, powers and duties; (2) enter into contracts with any person, firm, corporation or association to do all things necessary or convenient to carry out the functions, powers and duties of the department; (3) initiate and receive complaints as to any actual or suspected violation of any statute, regulation, permit or order administered, adopted or issued by him. The commissioner shall have the power to hold hearings, administer oaths, take testimony and subpoena witnesses and evidence, enter orders and institute legal proceedings including, but not limited to, suits for injunctions, for the enforcement of any statute, regulation, order or permit administered, adopted or issued by him; (4) in accordance with regulations adopted by him, require, issue, renew, revoke, modify or deny permits, under such conditions as he may prescribe, governing all sources of pollution in Connecticut within his jurisdiction; (5) in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations of any statute, regulation, order or permit administered, adopted or issued by him and the owner, managing agent or occupant of any such property shall permit such entry, and no action for trespass shall lie against the commissioner for such entry, or he may apply to any court having criminal jurisdiction for a warrant to inspect such premises to determine compliance with any statute, regulation, order or permit administered, adopted or enforced by him, provided any information relating to secret processes or methods of manufacture or production ascertained by the commissioner during, or as a result of, any inspection, investigation, hearing or otherwise shall be kept confidential and shall not be disclosed except that, notwithstanding the provisions of subdivision (5) of subsection (b) of section 1-210, such information may be disclosed by the commissioner to the United States Environmental Protection Agency pursuant to the federal Freedom of Information Act of 1976, (5 USC 552) and regulations adopted thereunder or, if such information is submitted after June 4, 1986, to any person pursuant to the federal Clean Water Act (33 USC 1251 et seq.); (6) undertake any studies, inquiries, surveys or analyses he may deem relevant, through the personnel of the department or in cooperation with any public or private agency, to accomplish the functions, powers and duties of the commissioner; (7) require the posting of sufficient performance bond or other security to assure compliance with any permit or order; (8) provide by notice printed on any form that any false statement made thereon or pursuant thereto is punishable as a criminal offense under section 53a-157b; (9) construct or repair or contract for the construction or repair of any dam or flood and erosion control system under his control and management, make or contract for the making of any alteration, repair or addition to any other real asset under his control and management, including rented or leased premises, involving an expenditure of five hundred thousand dollars or less, and, with prior approval of the Commissioner of Public Works, make or contract for the making of any alteration, repair or addition to such other real asset under his control and management involving an expenditure of more than five hundred thousand dollars but not more than one million dollars; (10) in consultation with affected town and watershed organizations, enter into a lease agreement with a private entity owning a facility to allow the private entity to generate hydroelectricity provided the project meets the certification standards of the Low Impact Hydropower Institute; (11) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of the search, duplication and review of records requested under the Freedom of Information Act, as defined in section 1-200, and the reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions of any state or federal permit, license, registration, order, certificate or approval required pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) of section 22a-424, and sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs may include, but are not limited to the costs of (A) public notice, (B) reviews, inspections and testing incidental to the issuance of and monitoring of compliance with such permits, licenses, orders, certificates and approvals, and (C) surveying and staking boundary lines. The applicant shall pay the fee established in accordance with the provisions of this section prior to the final decision of the commissioner on the application. The commissioner may postpone review of an application until receipt of the payment. Payment of a fee for monitoring compliance with the terms or conditions of a permit shall be at such time as the commissioner deems necessary and is required for an approval to remain valid; and (12) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of responding to requests for information concerning the status of real estate with regard to compliance with environmental statutes, regulations, permits or orders. Such fee shall be paid by the person requesting such information at the time of the request. Funds not exceeding two hundred thousand dollars received by the commissioner pursuant to subsection (g) of section 22a-174, during the fiscal year ending June 30, 1985, shall be deposited in the General Fund and credited to the appropriations of the Department of Environmental Protection in accordance with the provisions of section 4-86, and such funds shall not lapse until June 30, 1986. In any action brought against any employee of the department acting within his scope of delegated authority in performing any of the above-listed duties, the employee shall be represented by the Attorney General.

      (b) Notwithstanding the provisions of subsection (a) of this section no municipality shall be required to pay more than fifty per cent of any fee established by the commissioner pursuant to said subsection.

      (c) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing a separate fee schedule for the payment of fees by municipalities. The schedule of fees paid by municipalities pursuant to section 22a-430 shall be graduated and reflect the sum of the average daily flows of wastewater in a municipality applying for a permit.

      (d) The Commissioner of Environmental Protection shall provide notice of any proceeding involving a specific site if any decision by the commissioner concerning such site is contested. The notice shall be sent to the chief executive officer of the municipality in which such site is located and to each member of the legislature in whose district such site is located. A copy of such notice shall be made a part of the record of any other proceeding before the commissioner on such site.

      (e) Whenever the commissioner issues an order to enforce any statute, regulation, permit or order administered or issued by him, any person or municipality aggrieved by such order may, except as otherwise provided by law, request a hearing before the commissioner within thirty days from the date such order is sent. Such hearing shall be conducted in accordance with the procedures provided by chapter 54.

      (f) The provisions of sections 22a-45a and 22a-174, subsection (r) of section 22a-208a, sections 22a-349a, 22a-354p, 22a-378a, 22a-411 and 22a-430b and subsection (d) of section 22a-454 which authorize the issuance of general permits shall not affect the authority of the commissioner, under any statute or regulation, to abate pollution or to enforce the laws under his jurisdiction, including the authority to institute legal proceedings. Such proceedings may include summary suspension in accordance with subsection (c) of section 4-182. The commissioner may reissue, modify, revoke or suspend any general permit in accordance with the procedures set forth for the issuance of such permit.

      (g) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, establishing a schedule of subscription fees to cover the reasonable cost to the Department of Environmental Protection of responding to requests for notices of applications for permits and other licenses and tentative determinations thereon issued by the commissioner.

      (h) The commissioner may adopt regulations pertaining to activities for which the federal government has adopted standards or procedures. All provisions of such regulations which differ from federal standards or procedures shall be clearly distinguishable from such standards or procedures either on the face of the proposed regulation or through supplemental documentation accompanying the proposed regulation at the time of the notice concerning such regulation required under section 4-168. An explanation for all such provisions shall be included in the regulation-making record required under chapter 54 and shall be publicly available at the time of the notice concerning the regulation required under section 4-168. This subsection shall apply to any regulation for which a notice of intent to adopt is published on and after July 1, 1999.

      (1971, P.A. 872, S. 7; P.A. 73-665, S. 3, 17; P.A. 74-188; P.A. 81-227, S. 1; P.A. 82-91, S. 17, 38; 82-180; P.A. 83-555, S. 1; June Sp. Sess. P.A. 83-38, S. 3; P.A. 84-120, S. 2; 84-542, S. 5; 84-546, S. 68, 173; P.A. 85-392, S. 1, 5; 85-515, S. 1; P.A. 85-571, S. 14; P.A. 86-277, S. 1, 4; 86-403, S. 48, 132; P.A. 87-98; 87-144; 87-219, S. 1, 2; 87-496, S. 90, 110; P.A. 89-139; 89-197; P.A. 90-231, S. 22, 28; P.A. 91-200, S. 1, 3; P.A. 92-51; 92-162, S. 2, 25; 92-217, S. 1, 5; P.A. 93-428, S. 13, 39; P.A. 96-145, S. 9; P.A. 97-47, S. 44; P.A. 98-134, S. 3; P.A. 03-276, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 151; P.A. 04-151, S. 12; P.A. 07-45, S. 1; 07-242, S. 45.)

      History: P.A. 73-665 replaced alphabetic Subdiv. indicators with numeric ones, deleted listing of specific sections and chapters with regard to which commissioner has power, granted commissioner power to make "procedural regulations", deleted references to powers of commissioner's agents, empowered commissioner to control permits, allowed commissioner to obtain warrant for inspection purposes, empowered commissioner to require performance bonds and to provide notice that false statement is a criminal offense and deleted provisions re procedure for hearings held by commissioner or hearing officer appointed by him; P.A. 74-188 added Subdiv. (9) re commissioner's power to make contracts; P.A. 81-227 authorized the commissioner to enter upon private property without liability and without being subject to suit for trespass and required that attorney general represent department employees in suits against them for actions performed in course of their duties; P.A. 82-91 added Subdiv. (10) which authorized commissioner, by regulation, to require payment of fee to cover cost of reviewing application for and monitoring compliance with terms of various permits, licenses, orders, certificates or approvals, and provided that all funds received by commissioner under this section and Sec. 19-508(g) during fiscal year 82-83 shall be deposited in general fund, credited to appropriations of department and shall not lapse until June 30, 1984; P.A. 82-180 amended Subdiv. (5) to authorize disclosure of information to the Environmental Protection Agency pursuant to federal law; P.A. 83-555 empowered the commissioner to require the payment of a fee for acting upon and monitoring compliance with permits required by Secs. 22a-424, 22a-174 and 22a-368, specified the time of payment for an application and any subsequent monitoring of compliance with the terms of a permit and extended time for deposit of funds received in general fund and time at which funds lapse by one year; June Sp. Sess. P.A. 83-38 allowed the commissioner of environmental protection to construct or repair any dam or flood or erosion control system involving an expenditure of less than $250,000 and allowed the commissioner to contract for the repair or alteration of any real asset under his control involving an expenditure of $100,000 or less and to do the same for real assets involving an expenditure between $100,000 and $250,000, with the prior approval of the commissioner of administrative services, replacing provision which had authorized commissioner to contract for repairs, etc. costing $50,000 or less but which had required bids for expenditures between $25,000 and $50,000; P.A. 84-120 amended Subdiv. (10) to authorize a fee for monitoring compliance with the terms and conditions of any registration; P.A. 84-542 limited the funds received pursuant to Sec. 22a-174 and which are earmarked for the department of environmental protection for the fiscal year ending June 30, 1985, to $200,000; P.A. 84-546 made technical changes to section and added language re payment of fee; P.A. 85-392 amended Subdiv. (10) to authorize a fee for solid waste permits, adding references to Secs. 22a-208 and 22a-209; P.A. 85-515 made existing provisions Subsec. (a) and added Subsec. (b), re amount of fees paid by municipalities and adoption of regulations establishing municipal fee schedules; P.A. 85-571 added provision in Subsec. (b) entitling any municipality paying fee on or after May 15, 1984, and prior to October 1, 1985 to a credit, and divided Subsec. (b) to create Subsecs. (b) and (c); P.A. 86-277 amended Subsec. (a)(1) by requiring public hearings for amendments to regulations that incorporate amendments to federal law which is a part of state regulation only upon request of a group of fifteen persons or more or a governmental subdivision or agency, and amended Subsec. (a)(5) by authorizing disclosure of information submitted after June 4, 1986; P.A. 86-403 made technical changes in Subsec. (a); P.A. 87-98 amended Subsec. (a)(1) to delete provisions re public hearings on regulations; P.A. 87-144 added Subsec. (d) re notice of proceedings involving specific sites; P.A. 87-219 added Subsec. (a)(11) authorizing the commissioner to charge a fee to determine the status of real estate; P.A. 87-496 substituted "public works" for "administrative services" commissioner in Subsec. (a); (Revisor's note: In 1989 the numeric subparagraph indicators in Subdiv. (10) of Subsec. (a) were changed editorially by the Revisors to alphabetic indicators in the interests of consistency of usage); P.A. 89-139 doubled expenditure limits in Subsec. (a)(9); P.A. 89-197 amended Subsec. (a)(10) to authorize a fee for reviews of transfers of hazardous waste establishments under Sec. 22a-134a; P.A. 90-231 amended Subsec. (a)(10) to require that fees cover cost of search, duplication and review of records requested under freedom of information act and to add references to Secs. 22a-6d, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174a, 22a-363c, 22a-372, 22a-379, 22a-409, 22a-449 and 22a-454a to 22a-454c, inclusive; P.A. 91-200 amended Subsec. (a) to authorize all expenditures of $500,000 or less, eliminating previous distinction between expenditures for dams or flood control systems and those involving other real assets and to increase expenditure limit where prior approval has been obtained from $500,000 to $1,000,000; P.A. 92-51 added Subsec. (e) re hearings on orders of the commissioner; P.A. 92-162 added new Subsec. (f) re authority of commissioner relative to general permits issued under title 22a; P.A. 92-217 amended Subsec. (a) to authorize the commissioner to adopt regulations re fees for applications and monitoring compliance with Section 401 of the federal Clean Water Act; P.A. 93-428 added new Subsec. (g) re subscription fees for notices of permit applications, effective July 1, 1993; P.A. 96-145 deleted a reference to repealed Sec. 22a-384 in Subsec. (a); P.A. 97-47 amended Subsec. (a) by inserting reference to Sec. 1-18a; P.A. 98-134 added new Subsec. (h) re adoption of regulations which differ from applicable federal standards; P.A. 03-276 amended Subsec. (h) to replace "public hearing on" with "notice concerning", to replace "chapter 54" with "section 4-168" and to add provision re public availability at the time of notice, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(10) by adding "22a-354i" and amended Subsec. (b) by deleting provision re credit for any municipality which paid a fee on or after May 15, 1984, and prior to October 1, 1985, effective August 20, 2003; P.A. 04-151 amended Subsec. (a) to delete reference to Sec. 22a-174a, effective May 21, 2004; P.A. 07-45 amended Subsec. (h) to delete "the applicable" re federal standards or procedures; P.A. 07-242 amended Subsec. (a) by adding new Subdiv. (10) re leases with private entities allowing hydroelectricity generation and redesignating existing Subdivs. (10) and (11) as Subdivs. (11) and (12), respectively.

      See chapter 54 re uniform administrative procedure.

      See Sec. 22a-27i re exemption of municipality for one year.

      Cited. 192 C. 591. Cited. 204 C. 38. "Environmental policy act (Secs. 22a-1-22a-13)" cited. Id., 212. Cited. 215 C. 82. Cited. 227 C. 545.

      Cited. 19 CA 216.

      Subsec. (a):

      Subdiv. (3) cited. 237 C. 135.

      Subdiv. (3) cited. 41 CA 120.

      Subsec. (d):

      Cited. 239 C. 124.

      Subsec. (e):

      Cited. 229 C. 654.