Sec. 22a-300. (Formerly Sec. 25-62). Notice of pollution. Public hearing. Orders.
Sec. 22a-300. (Formerly Sec. 25-62). Notice of pollution. Public hearing. Orders. Whenever the commission determines upon investigation that sewage or other
polluting matter from any city, village, town, county, borough, municipality or other
entity, as defined in the compact, building, steamboat or other vessel, or any garbage,
offal or any decomposable or putrescible matter of any kind is being discharged into
any waters of the district, and whenever in the opinion of the commission such discharge
is polluting such waters in a manner injurious to or so as to create a menace to public
health, welfare and recreational purposes, or so as to create a public nuisance, or so as
to be obnoxious, the commission shall give notice in writing of the discharge of such
sewage or polluting matter to the Commissioner of Environmental Protection and to the
Department of Public Health for such action as may be proper under the laws of the
state of Connecticut. If, at the expiration of six months after the mailing of such notice,
such discharge continues to pollute such waters in a manner injurious to or so as to
create a menace to public health, welfare and recreational purposes, or so as to create
a public nuisance, or so as to be obnoxious, such commission, upon a vote of at least
three of the members from each state, may order the municipality, corporation or person
so discharging sewage, refuse or other matter to show cause before it or its designated
representative why such discharge should not be discontinued or why said commission
should not issue an order regulating such pollution. A notice shall be served on the
municipality, corporation or person so discharging sewage, refuse or other matter, directing such municipality, corporation or person to show cause before said commission on
a date specified in such notice why an order should not be made directing the discontinuance of such discharge or otherwise regulating such pollution. Such notice shall specify
the time when and place where a public hearing will be held by the commission or its
delegated representative and shall be served personally or by mail at least fifteen days
before such hearing and, in case of a municipality or a corporation, such service shall
be upon an officer thereof. The person or persons presiding at such hearing shall take
evidence and, after conducting such public hearing, the commission shall by order prescribe a reasonable date on or before which such municipality, corporation or person
discharging sewage, refuse or other matter into the designated waters within the district
shall cease to discharge such refuse or other matter and shall treat such sewage in accordance with the standards specified in the compact, and such order may prescribe that
certain specific progress shall be made at definite times prior to the final date fixed in
such order. The commission shall have authority to require from the officials and persons
responsible for the execution of such orders satisfactory evidence at specified times of
proper progress in the execution of such orders.
(1949 Rev., S. 3553; 1957, P.A. 364, S. 6; 1971, P.A. 872, S. 109; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A.
95-257, S. 12, 21, 58.)
History: 1971 act replaced water resources commission with commissioner of environmental protection; P.A. 77-614
replaced department of health with department of health services, effective January 1, 1979; Sec. 25-62 transferred to Sec.
22a-300 in 1983; P.A. 93-381 replaced department of health services with department of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.