Sec. 22a-424. (Formerly Sec. 25-54c). Powers and duties of commissioner.
Sec. 22a-424. (Formerly Sec. 25-54c). Powers and duties of commissioner. The
commissioner shall have the following powers and duties:
(a) To exercise general supervision of the administration and enforcement of this
chapter;
(b) To develop comprehensive programs for the prevention, control and abatement
of new or existing pollution of the waters of the state;
(c) To advise, consult and cooperate with other agencies of the state, the federal
government, other states and interstate agencies and with affected groups, political subdivisions and industries in furtherance of the purposes of this chapter. Such powers and
duties shall include receiving information provided by the United States Environmental
Protection Agency, which if subject to a claim of confidentiality pursuant to the federal
Freedom of Information Act of 1976 (5 USC 552) and regulations adopted thereunder,
shall be kept confidential by the commissioner notwithstanding any of the provisions
of section 1-210 to the contrary;
(d) To submit plans for the prevention and control of water pollution and to render
reports and accounts to the Administrator of the Environmental Protection Agency and
to any other federal officer or agency on such forms containing such information as the
said Administrator or any other federal officer or agency, may reasonably require, in
order to qualify the state and its municipalities for grants from the United States government;
(e) To encourage, participate in or conduct studies, investigations, research and
demonstrations, and collect and disseminate information, relating to water pollution and
the causes, prevention, control and abatement thereof;
(f) To issue, modify or revoke orders prohibiting or abating pollution of the waters of
the state, or requiring the construction, modification, extension or alteration of pollution
abatement facilities or monitoring systems, or any parts thereof, or adopting such other
remedial measures as are necessary to prevent, control or abate pollution;
(g) To hold such hearings as may be required under the provisions of this chapter
and the federal Water Pollution Control Act or other applicable federal law, for which
he shall have the power to issue notices by certified mail, administer oaths, take testimony and subpoena witnesses and evidence;
(h) To require the submission of plans, specifications and other necessary data for,
and inspect the construction of, pollution abatement facilities and monitoring or disposal
systems in connection with the issuance of such permits or approvals as may be required
by this chapter and the federal Water Pollution Control Act;
(i) To issue, continue in effect, revoke, transfer, modify or deny permits, under such
conditions as he may prescribe, for the discharge of any water, substance or material
into the waters of the state, or orders for or approval of the installation, modification or
operation of pollution abatement facilities or monitoring systems;
(j) To require proper maintenance and operation of monitoring and disposal
systems;
(k) To exercise all incidental powers necessary to carry out the purposes of this
chapter and the federal Water Pollution Control Act;
(l) To adopt regulations in accordance with the provisions of chapter 54 to implement this chapter and to comply with the federal Water Pollution Control Act and the
federal Safe Drinking Water Act;
(m) Either on his own initiative or upon complaint, to investigate or order the person
who caused or reasonably may be expected to cause the pollution to investigate all
points of existing or potential waste discharge which may directly or indirectly result
in pollution of the waters of the state provided upon written complaint by the Commissioner of Public Health, the chief executive officer of a municipality, the warden or any
of the burgesses of a borough, a committeeman of a fire district or a local or district
director of health, the commissioner shall investigate or order the person who caused
or reasonably may be expected to cause the pollution to investigate all points of existing
or potential waste discharges which may directly or indirectly result in pollution of the
waters of the state.
(1967, P.A. 57, S. 3; 1971, P.A. 872, S. 80; P.A. 73-38, S. 1, 8; P.A. 83-133; P.A. 84-219, S. 1, 4; P.A. 86-82, S. 2, 5;
86-239, S. 6, 14; P.A. 93-381, S. 9, 39; P.A. 94-205, S. 4; P.A. 95-218, S. 11, 24; 95-257, S. 12, 21, 58.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-38 replaced references to U.S. Secretary of the Interior and Federal Water Pollution Control administration with references to administrator of the Environmental Protection Agency and added references to part II of chapter
474a and to the Federal Water Pollution Control Act; Sec. 25-54c transferred to Sec. 22a-424 in 1983 and references to
part II of chapter 474a deleted reflecting incorporation of those sections in this chapter; P.A. 83-133 amended Subdiv.
(c) by authorizing the commissioner to keep confidential water pollution information received from the United States
Environmental Protection Agency if such information is confidential under federal law, even if it would be available under
state law; P.A. 84-219 added Subdiv. (l) authorizing the commissioner to adopt regulations; P.A. 86-82 amended Subdiv.
(i) by authorizing the commissioner to consider prior violations and added references to monitoring systems throughout
section; P.A. 86-239 added Subdiv. (m) concerning investigations; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-205 amended Subdiv. (i) to
delete a provision re review of permit applicant's compliance history; P.A. 95-218 amended Subdiv. (i) to authorize the
commissioner to transfer permits; 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.
See Sec. 22a-6m re review of permit applicant's compliance history.
Annotation to former section 25-54c:
Cited. 170 C. 31.
Annotations to present section:
Cited. 226 C. 358; Id., 737; Id., 792. Cited. 241 C. 466.
Cited. 21 CA 91.
Subdiv. (l):
Cited. 206 C. 65.