Sec. 22a-426. (Formerly Sec. 25-54e). Standards of water quality.
Sec. 22a-426. (Formerly Sec. 25-54e). Standards of water quality. (a) The Commissioner of Environmental Protection shall adopt, and may thereafter amend, standards
of water quality applicable to the various waters of the state or portions thereof as provided in this section. Such standards shall be consistent with the federal Water Pollution
Control Act and shall be for the purpose of qualifying the state and its municipalities
for available federal grants and for the purpose of providing clear and objective public
policy statements of a general program to improve the water resources of the state;
provided no standard of water quality adopted shall plan for, encourage or permit any
wastes to be discharged into any of the waters of the state without having first received
the treatment available and necessary for the elimination of pollution. Such standards
of quality shall: (1) Apply to interstate waters or portions thereof within the state; (2)
apply to such other waters within the state as the commissioner may determine is necessary; (3) protect the public health and welfare and promote the economic development of
the state; (4) preserve and enhance the quality of state waters for present and prospective
future use for public water supplies, propagation of fish and aquatic life and wildlife,
recreational purposes and agricultural, industrial and other legitimate uses; (5) be consistent with health standards as established by the Department of Public Health.
(b) Prior to adopting, amending or repealing standards of water quality, the commissioner shall conduct a public hearing. Notice of such hearing specifying the waters for
which standards are sought to be adopted, amended or repealed and the time, date and
place of such hearing shall be published as provided in said subdivision (1) of section
22a-6 and also at least twice during the thirty-day period preceding the date of the hearing
in a newspaper having a general circulation in the area affected and shall be given by
certified mail to the chief executive officer of each municipality in such area. Prior to
the hearing the commissioner shall make available to any interested person any information he has as to the water which is the subject of the hearing and the standards under
consideration, and shall afford to any interested person the opportunity to submit to him
any written material. At the hearing, any person shall have the right to make a written
or oral presentation. A full transcript or recording of each hearing shall be made and
kept available in the files of the Department of Environmental Protection.
(c) The commissioner shall establish the effective date of the adoption, amendment
or repeal of standards of water quality, subject to the provisions of subdivision (1) of
section 22a-6. Notice of such adoption, amendment or repeal shall be published in the
Connecticut Law Journal upon acceptance thereof by the federal government.
(d) The commissioner shall monitor the quality of the subject waters to demonstrate
the results of his program to abate pollution.
(1967, P.A. 57, S. 5; 1971, P.A. 872, S. 82; P.A. 77-614, S. 323, 610; P.A. 83-587, S. 47, 96; P.A. 90-222, S. 5; P.A.
93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner and department and added references to Sec. 22a-6(a); P.A. 77-614 replaced department of health with
department of health services, effective January 1, 1979; Sec. 25-54e transferred to Sec. 22a-426 in 1983; P.A. 83-587
made a technical amendment; P.A. 90-222 amended Subsec. (a) to require the standards to be adopted in accordance with
this section instead of Sec. 22a-6(1); 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.
Annotation to former section 25-54e:
Cited. 170 C. 31.
Annotation to present section:
Cited. 226 C. 792.