Sec. 22a-178. (Formerly Sec. 19-514). Orders to correct violations. Hearings. Modification and extension. Orders to owners. Joint and several liability. Filing of certified copy or notice on land reco
Sec. 22a-178. (Formerly Sec. 19-514). Orders to correct violations. Hearings.
Modification and extension. Orders to owners. Joint and several liability. Filing
of certified copy or notice on land records. Orders to investigate. (a) If the commissioner finds that any person has violated any provision of this chapter, or any regulation,
order, or permit adopted or issued thereunder, he may issue a written order against the
person alleged to be committing such violation and shall cause a true copy thereof to
be served upon such person by certified mail with return receipt requested or by a state
marshal or indifferent person, and the original thereof, with a return of such service
endorsed thereon, shall be filed with the commissioner. Such order shall specify the
nature of the violation and specify a reasonable period of time within which such person
shall take such measures as will correct or remedy any such violation.
(b) If the commissioner finds that (1) a violation of a regulation or the terms or
conditions of a permit issued pursuant to section 22a-174 exists and (2) the person
alleged to be committing such violation has received written notification of two violations in the preceding one-year period, the commissioner shall require an emission test
of the air contaminant source at the expense of the source. If the results of such test
indicate noncompliance with a regulation or the terms or conditions of a permit, the
commissioner shall issue an order requiring pollution abatement.
(c) Unless such person files a written answer thereto within thirty days after the
date of service and requests a hearing thereon before the commissioner, an order issued
pursuant to this section shall be final and not subject to appeal to the commissioner.
Upon receipt of such request, the commissioner shall grant a hearing as soon thereafter
as is practicable. The testimony at the hearing shall be under oath and recorded stenographically or by a sound-recording device, but the parties shall not be bound by the
strict rules of evidence in courts of law at such hearing. True copies of the transcript
and of any other record made of or at such hearing shall be furnished to the respondent
at his request and at his expense.
(d) After the hearing, the commissioner shall consider all the evidence and affirm,
modify or revoke the order in his discretion. By agreement of the commissioner and the
person or persons subject to the order, the commissioner may, after the hearing or at
any time after the issuance of the order, modify such order or extend the time for compliance set forth in the order, and any such modification or extension by agreement shall
be deemed to be a revision of the order and shall not constitute a new order. There shall
be no hearing subsequent to, or any appeal from, any modification or extension by
agreement.
(e) Whenever the commissioner issues an order to any person to correct a violation
and such person is not the owner of the land at which the violation occurred or exists,
the commissioner may issue an order to the owner of such land to correct such violation.
Such an order shall be sent by certified mail, return receipt requested, to the owner at
his last-known post-office address, with a notice that such order shall be filed on the
land records in which the land is located. Any owner to whom such an order is issued
shall have all the rights and privileges provided by this chapter and section 4-183 and
shall be subject to section 22a-182a.
(f) If the commissioner issues an order under this chapter to two or more persons,
including a landowner and the person causing the pollution or creating or maintaining
the potential air pollution source, each such person shall be jointly and severally liable.
(g) When an order issued by the commissioner to any person pursuant to this chapter
becomes final, except for an order to create or use emission reduction credits, the commissioner shall cause a certified copy or notice of the final order to be filed on the land
records in the town where the subject property is located, and such certified copy or
notice shall constitute a notice to the owner's heirs, successors and assigns. When the
order has been fully complied with or revoked, the commissioner shall issue a notice
showing such compliance or revocation, which the commissioner shall cause to be recorded on the land records in the town wherein the order was previously recorded.
(h) If the commissioner has reasonable cause to believe, based on department investigation, test data or other credible information, that any person has violated or is about
to violate any provision of this chapter, or any regulation, order, or permit adopted or
issued thereunder, he may issue an order to such person to investigate, by monitoring,
production of records, or any other means, the source of air pollution. Such order may
also require that if the investigation determines there is or has been a violation of any
provision of this chapter, or any regulation, order, or permit adopted or issued thereunder,
the respondent shall correct such violation. An order issued under this subsection shall
be subject to subsections (a) to (f), inclusive, of this section.
(1967, P.A. 754, S. 9; 1969, P.A. 758, S. 8; 1971, P.A. 872, S. 22; 1972, P.A. 103, S. 2; P.A. 73-537, S. 2, 3; P.A. 75-160, S. 1, 2; P.A. 77-44; P.A. 87-338, S. 3, 11; P.A. 90-150, S. 3; 90-247, S. 2; P.A. 99-225, S. 1; P.A. 00-99, S. 64, 154;
P.A. 04-151, S. 2; P.A. 05-288, S. 101; P.A. 06-76, S. 2.)
History: 1969 act required that order specify nature of violation in Subsec. (a) and added provision in Subsec. (b) re
request for hearing and required that such request be a condition precedent to taking appeal; 1971 act replaced "commission",
i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection; 1972 act excluded violations specified in Sec. 19-508a; P.A. 73-537 deleted clause which limited issuance of order to cases where conference,
conciliation etc. failed to remedy violations and deleted exclusion for violations specified in Sec. 19-508a; P.A. 75-160
allowed notification "by certified mail with return receipt requested" in Subsec. (a); P.A. 77-44 added Subsec. (c); Sec.
19-514 transferred to Sec. 22a-178 in 1983; P.A. 87-338 amended Subsec. (a) to apply provisions to violations of the terms
or conditions of a permit and to make issuance of an order discretionary rather than mandatory and amended Subsec. (b)
to make orders final unless a written answer is filed to the order within 30 days, deleting requirement that request for a
hearing is precedent to taking appeal under Sec. 22a-182; P.A. 90-150 inserted new Subsec. (b) re requiring emission test
if source has two violations in the preceding one-year period, made technical change in Subsec. (c), and relettered the
remaining Subsecs.; P.A. 90-247 amended Subsec. (a) to apply provisions to violations of this chapter and violations of
an order, deleted the provision allowing a person to request a hearing upon an order concerning plans and specifications,
added Subsec. (c) re modification of orders and extensions of time, Subsec. (d) re the issuance of orders to owners of the
land at which the violation occurred, Subsec. (e) re joint and several liability and Subsec. (g) re orders to potential violators,
and relettered Subsec. (c) as Subsec. (f); P.A. 99-225 amended Subsec. (g) to provide that final orders issued under this
section shall be recorded by the commissioner on land records; P.A. 00-99 replaced reference to sheriff with state marshal
in Subsec. (a), effective December 1, 2000; P.A. 04-151 amended Subsec. (g) to require the respondent, rather than the
commissioner, to file order, to add exception for an order to create or use emission reduction credits, to require the recipient,
rather than the commissioner, to file certificate, to add provisions re where the respondent and recipient do not own the
subject property, and to add requirement re submission of a certified copy, effective May 21, 2004; P.A. 05-288 made a
technical change in Subsec. (g), effective July 13, 2005; P.A. 06-76 amended Subsec. (g) to require commissioner, rather
than respondent, to perform required filing and to make conforming changes.