Sec. 22a-428. (Formerly Sec. 25-54g). Orders to municipalities to abate pollution.
Sec. 22a-428. (Formerly Sec. 25-54g). Orders to municipalities to abate pollution. If the commissioner finds that any municipality is causing pollution of the waters
of the state, or that a community pollution problem exists, or that pollution by a municipality or a community pollution problem can reasonably be anticipated in the future, he
may issue to the municipality an order to abate pollution. If the commissioner, after
giving due regard to regional factors, determines that such pollution can best be abated
by the action of two or more adjacent municipalities, he may issue his order jointly or
severally to such municipalities. If a community pollution problem exists in, or if pollution is caused by, a municipality geographically located all or partly within the territorial
limits of another municipality, the commissioner may, after giving due regard to regional
factors, determine which municipality shall be ordered to abate the pollution or may,
after giving due regard to regional factors, issue an order to both of such municipalities
jointly to provide the facilities necessary to abate the pollution. Any order issued pursuant to this section shall include a time schedule for action by the municipality or municipalities, as the case may be, which may require, but is not limited to, the following steps
to be taken by such municipality or municipalities: (a) Submission of an engineering
report outlining the problem and recommended solution therefor for approval by the
commissioner; (b) submission of contract plans and specifications for approval by the
commissioner; (c) arrangement of financing; (d) acceptance of state and federal construction grants; (e) advertisement for construction bids; (f) start of construction; (g)
placing in operation.
(1967, P.A. 57, S. 7; 1969, P.A. 153; 1971, P.A. 872, S. 83; P.A. 73-665, S. 8, 17.)
History: 1969 act authorized water resources commission to issue order jointly or severally to municipalities when
determination is made that abatement action would best be undertaken by two or more adjacent municipalities and made
minor technical changes; 1971 act replaced references to water resources commission with references to environmental
protection commissioner; P.A. 73-665 made commissioner's actions under section discretionary rather than mandatory,
replacing "shall" with "may"; Sec. 25-54g transferred to Sec. 22a-428 in 1983.
Annotation to former section 25-54g:
Cited. 170 C. 31.
Annotations to present section:
Cited. 226 C. 358. Cited. 237 C. 135.
Cited. 21 CA 91.