Sec. 22a-430. (Formerly Sec. 25-54i). Permit for new discharge. Regulations. Renewal. Special category permits or approvals. Limited delegation. General permits.
Sec. 22a-430. (Formerly Sec. 25-54i). Permit for new discharge. Regulations.
Renewal. Special category permits or approvals. Limited delegation. General permits. (a) No person or municipality shall initiate, create, originate or maintain any discharge of water, substance or material into the waters of the state without a permit
for such discharge issued by the commissioner. Any person who initiated, created or
originated a discharge prior to May 1, 1967, and any municipality which initiated, created or originated a discharge prior to April 10, 1973, for which a permit has not been
issued pursuant to this section, shall submit an application for a permit for such discharge
on or before July 1, 1987. Application for a permit shall be on a form prescribed by the
commissioner, shall include such information as the commissioner may require and
shall be accompanied by a fee of twenty-five per cent more than the amount established
in regulations in effect on July 1, 1990. On and after July 1, 1991, such fees shall be as
prescribed by regulations adopted by the commissioner in accordance with chapter 54.
The commissioner shall not issue or renew a permit unless such issuance or renewal is
consistent with the provisions of the federal Clean Water Act (33 USC 1251 et seq.).
(b) The commissioner, at least thirty days before approving or denying a permit
application for a discharge, shall publish once in a newspaper having a substantial circulation in the affected area notice of (1) the name of the applicant; (2) the location, volume,
frequency and nature of the discharge; (3) the tentative decision on the application, and
(4) additional information the commissioner deems necessary to comply with the federal
Clean Water Act (33 USC 1251 et seq.). There shall be a comment period following
the public notice during which period interested persons and municipalities may submit
written comments. After the comment period, the commissioner shall make a final determination either that (A) such discharge would not cause pollution of any of the waters
of the state, in which case he shall issue a permit for such discharge, or (B) after giving
due regard to any proposed system to treat the discharge, that such discharge would cause
pollution of any of the waters of the state, in which case he shall deny the application and
notify the applicant of such denial and the reasons therefor, or (C) the proposed system
to treat such discharge will protect the waters of the state from pollution, in which case
he shall, except as provided pursuant to subsection (j) of this section, require the applicant
to submit plans and specifications and such other information as he may require and
shall impose such additional conditions as may be required to protect such water, and
if the commissioner finds that the proposed system to treat the discharge, as described
by the plans and specifications or such other information as may be required by the
commissioner pursuant to subsection (j) of this section, will protect the waters of the state
from pollution, he shall notify the applicant of his approval and, when such applicant has
installed such system, in full compliance with the approval thereof, the commissioner
shall issue a permit for such discharge, or (D) the proposed system to treat such discharge,
as described by the plans and specifications, will not protect the waters of the state, in
which case he shall promptly notify the applicant that its application is denied and the
reasons therefor. No permit shall be issued for an alternative on-site sewage treatment
system, as defined in the Public Health Code, in a drinking water supply watershed
unless the commissioner determines that (i) such system is the only feasible solution to
an existing pollution problem and that the proposed system capacity does not exceed
the capacity of the failed on-site system, or (ii) such system is for the expansion of an
existing municipal or public school project or for new construction of a municipal or
public school project on an existing municipal or public school site, in a municipality
in which a majority of the land is located within a drinking water supply watershed. The
commissioner shall, by regulations adopted in accordance with the provisions of chapter
54, establish procedures, criteria and standards as appropriate for determining if (I) a
discharge would cause pollution to the waters of the state, and (II) a treatment system
is adequate to protect the waters of the state from pollution. Such procedures, criteria
and standards may include schedules of activities, prohibitions of practices, operating
and maintenance procedures, management practices and other measures to prevent or
reduce pollution of the waters of the state, provided the commissioner in adopting such
procedures, criteria and standards shall consider best management practices. The regulations shall specify the circumstances under which procedures, criteria and standards for
activities other than treatment will be required. For the purposes of this section, "best
management practices" means those practices which reduce the discharge of waste into
the waters of the state and which have been determined by the commissioner to be
acceptable based on, but not limited to, technical, economic and institutional feasibility.
Any applicant, or in the case of a permit issued pursuant to the federal Water Pollution
Control Act, any person or municipality, who is aggrieved by a decision of the commissioner where an application has not been given a public hearing shall have the right to
a hearing and an appeal therefrom in the same manner as provided in sections 22a-436
and 22a-437. Any applicant, or in the case of a permit issued pursuant to the federal
Water Pollution Control Act, any person or municipality, who is aggrieved by a decision
of the commissioner where an application has been given a public hearing shall have
the right to appeal as provided in section 22a-437. The commissioner may, by regulation,
exempt certain categories, types or sizes of discharge from the requirement for notice
prior to approving or denying the application if such category, type or size of discharge
is not likely to cause substantial pollution. The commissioner may hold a public hearing
prior to approving or denying any application if in his discretion the public interest will
be best served thereby, and he shall hold a hearing upon receipt of a petition signed by
at least twenty-five persons. Notice of such hearing shall be published at least thirty days
before the hearing in a newspaper having a substantial circulation in the area affected.
(c) The permits issued pursuant to this section shall be for a period not to exceed
five years, except that any such permit shall be subject to the provisions of section 22a-431. Such permits: (1) Shall specify the manner, nature and volume of discharge; (2)
shall require proper operation and maintenance of any pollution abatement facility required by such permit; (3) may be renewable for periods not to exceed five years each
in accordance with procedures and requirements established by the commissioner; and
(4) shall be subject to such other requirements and restrictions as the commissioner
deems necessary to comply fully with the purposes of this chapter, the federal Water
Pollution Control Act and the federal Safe Drinking Water Act. An application for a
renewal of a permit which expires after January 1, 1985, shall be filed with the commissioner at least one hundred eighty days before the expiration of such permit. The commissioner, at least thirty days before approving or denying an application for renewal of a
permit, shall publish once in a newspaper having substantial circulation in the area
affected, notice of (A) the name of the applicant; (B) the location, volume, frequency
and nature of the discharge; (C) the tentative decision on the application; and (D) such
additional information the commissioner deems necessary to comply with the federal
Clean Water Act (33 USC 1251 et seq.). There shall be a comment period following
the public notice during which period interested persons and municipalities may submit
written comments. After the comment period, the commissioner shall make a final determination that (i) continuance of the existing discharge would not cause pollution of the
waters of the state, in which case he shall renew the permit for such discharge, (ii)
continuance of the existing system to treat the discharge would protect the waters of the
state from pollution, in which case he shall renew a permit for such discharge, (iii) the
continuance of the existing system to treat the discharge, even with modifications, would
not protect the waters of the state from pollution, in which case he shall promptly notify
the applicant that its application is denied and the reasons therefor, or (iv) modification
of the existing system or installation of a new system would protect the waters of the
state from pollution, in which case he shall renew the permit for such discharge. Such
renewed permit may include a schedule for the completion of the modification or installation to allow additional time for compliance with the final effluent limitations in the
renewed permit provided (I) continuance of the activity producing the discharge is in
the public interest; (II) the interim effluent limitations in the renewed permit are no less
stringent than the effluent limitations in the previous permit; and (III) the schedule would
not be inconsistent with the federal Water Pollution Control Act. No permit shall be
renewed unless the commissioner determines that the treatment system adequately protects the waters of the state from pollution. Any applicant, or in the case of a permit
issued pursuant to the federal Water Pollution Control Act, any person or municipality,
who is aggrieved by a decision of the commissioner where an application for a renewal
has not been given a public hearing shall have the right to a hearing and an appeal
therefrom in the same manner as provided in sections 22a-436 and 22a-437. Any applicant, or in the case of a permit issued pursuant to the federal Water Pollution Control
Act, any person or municipality, who is aggrieved by a decision of the commissioner
where an application for a renewal has been given a public hearing shall have the right
to appeal as provided in section 22a-437. Any category, type or size of discharge that
is exempt from the requirement of notice pursuant to subsection (b) of this section for
the approval or denial of a permit shall be exempt from notice for approval or denial of
a renewal of such permit. The commissioner may hold a public hearing prior to approving
or denying an application for a renewal if in his discretion the public interest will be
best served thereby, and he shall hold a hearing upon receipt of a petition signed by at
least twenty-five persons. Notice of such hearing shall be published at least thirty days
before the hearing in a newspaper having a substantial circulation in the area affected.
(d) If the commissioner finds that any person or municipality has initiated, created
or originated or is maintaining any discharge into the waters of the state without a permit
as required in subsection (a) of this section, or in violation of such a permit, the commissioner may issue an order to abate pollution which shall include a time schedule for the
accomplishment of the necessary steps leading to the abatement of such pollution, or
notwithstanding any request for a hearing pursuant to section 22a-436 or the pendency
of an appeal therefrom, the commissioner may request the Attorney General to bring
an action in the superior court for the judicial district of Hartford (1) to enjoin such
discharge by such person or municipality until the person or municipality has received
a permit from the commissioner or has complied with a permit which the commissioner
has issued pursuant to this section, or (2) for injunctive relief to remediate the effects
of such discharge. Any such action brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191.
(e) When the commissioner determines that any person or municipality has complied with an order issued pursuant to section 22a-428, 22a-431 or 22a-432, he may
issue a permit which shall thereafter be deemed equivalent to a permit issued under
subsection (b) of this section, provided a public hearing shall not be required prior to
issuing such permit unless required by the federal Water Pollution Control Act and the
federal Safe Drinking Water Act.
(f) The commissioner may, by regulation, establish and define categories of discharges, including but not limited to, residential swimming pools, small community
sewerage systems, household and small commercial disposal systems and clean water
discharges, for which he may delegate authority to any other state agency, water pollution control authority, municipal building official or municipal or district director of
health to issue permits or approvals in accordance with this section or to issue orders
pursuant to sections 22a-428, 22a-431, 22a-432 and 22a-436. In establishing such categories the commissioner shall consider (1) whether each discharge in such category,
because of size and character, is likely to cause significant pollution to the waters of
the state; (2) whether knowledge and training concerning disposal systems for each
discharge in such category is within the expertise of such agency, authority, official or
director; (3) whether the source of each discharge in such category is likely to be within
the jurisdiction of such agency, authority, official or director for other matters. The
commissioner shall establish, by regulation, minimum requirements for disposal systems for discharges in such categories. Any permit denied or order issued by any such
agency, authority, official or director shall be subject to hearing and appeal in the manner
provided in sections 22a-436 and 22a-437, provided such agency, authority, official or
director has been duly delegated authority by the commissioner pursuant to this subsection. Any permit granted by any such agency, authority, official or director to which
the commissioner has delegated authority pursuant to this subsection shall thereafter be
deemed equivalent to a permit issued under subsection (b) of this section.
(g) The commissioner shall, by regulation adopted prior to October 1, 1977, establish and define categories of discharges which constitute household and small commercial subsurface disposal systems for which he shall delegate to the Commissioner of
Public Health the authority to issue permits or approvals and to hold public hearings in
accordance with this section, on and after said date. The Commissioner of Public Health
shall, pursuant to section 19a-36, establish minimum requirements for household and
small commercial subsurface disposal systems and procedures for the issuance of such
permits or approvals by the local director of health or a sanitarian registered pursuant
to chapter 395. As used in this subsection, small commercial disposal systems shall
include those subsurface disposal systems with a capacity of five thousand gallons per
day or less. Any permit denied by the Commissioner of Public Health, or a director of
health or registered sanitarian shall be subject to hearing and appeal in the manner
provided in section 19a-229. Any permit granted by said Commissioner of Public Health,
or a director of health or registered sanitarian on or after October 1, 1977, shall be
deemed equivalent to a permit issued under subsection (b) of this section.
(h) Each person holding a permit to discharge into the waters of the state shall pay
an annual fee of twenty-five per cent more than the fee established by regulations in
effect on July 1, 1990. The commissioner may adopt regulations, in accordance with
the provisions of chapter 54, to prescribe the amount of the fees required pursuant to
this section. Upon the adoption of such regulations, the fees required by this section
shall be as prescribed in such regulations.
(i) (1) Notwithstanding the provisions of subsection (c) of this section, the commissioner may issue a permit for a discharge to waters of the state from any solid waste
disposal area, as defined in section 22a-207, or from any subsurface sewage disposal
system for a period not to exceed thirty years, and for any other discharge for a period
not to exceed ten years, provided such permit is not inconsistent with the federal Water
Pollution Control Act. Any permit issued pursuant to this subsection shall be subject to
the provisions of section 22a-431. For the purpose of this subsection, "subsurface sewage
disposal system" means a system consisting of a house or collection sewer, a septic tank
followed by a leaching system, any necessary pumps or siphons and any groundwater
control system on which the operation of the leaching system is dependent.
(2) Permits for the categories of discharge for which ten-year and thirty-year permits
may be issued pursuant to subdivision (1) of this subsection which are in effect on
October 1, 1996, shall not expire until five years or twenty-five years, respectively, after
the expiration date stated in the permit, provided such extension is not inconsistent with
the federal Water Pollution Control Act and further provided no such permit may be
valid for a period greater than thirty years and further provided, the commissioner may,
no earlier than two hundred seventy days before the expiration date stated in the permit,
send notice to the permittee that an application for permit renewal must be submitted
not later than one hundred eighty days prior to the expiration date stated in the permit.
If a timely and sufficient application for renewal is submitted within such time, the
permit shall be continued in accordance with subsection (b) of section 4-182. If a timely
and sufficient application is not submitted within such time, the permit shall expire
unless such permit is extended pursuant to section 22a-6j. Nothing in this section shall
affect the commissioner's authority to take action under this chapter, including but not
limited to, issuance of orders under section 22a-431.
(j) (1) The commissioner may exempt persons who or municipalities which apply
for permits for the following discharges from the requirement to submit plans and specifications under subsection (b) of this section:
(A) A discharge from a new treatment or disposal system which system is substantially the same as a system that the applicant is operating in compliance with a permit
for said system issued by the commissioner;
(B) The discharge is described in a general permit issued by the commissioner pursuant to section 22a-430b;
(C) The discharge is from a system, the purpose of which, as determined by the
commissioner, is not to treat any toxic or hazardous substances; or
(D) The discharge is exempt from public notice under subsection (b) of section 22a-430 and regulations adopted thereunder.
(2) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to establish other categories of discharges which may be exempted from the
requirement to submit plans and specifications under subsection (b) of this section. Such
regulations may include, but not be limited to, the following: (A) Minimum standards
for the design and operation of treatment systems for such discharges; and (B) requirements for submission of information concerning such discharges.
(k) The commissioner shall not deny a permit under this section if the basis for such
denial is a determination by the commissioner that the proposed activity for which
application has been made is inconsistent with the state plan of conservation and development adopted under section 16a-30.
(1967, P.A. 57, S. 9; 1971, P.A. 163; 346, S. 1; 872, S. 85; P.A. 73-38, S. 3, 8; 73-555, S. 8, 10; 73-665, S. 10, 17; P.A.
74-187, S. 2; P.A. 77-285, S. 1, 2; 77-614, S. 323, 587, 610; P.A. 78-154, S. 16; 78-280, S. 6, 127; 78-303, S. 85, 136;
P.A. 81-176, S. 1, 2, 5-7; P.A. 82-111, S. 1; P.A. 84-219, S. 2, 4; P.A. 86-239, S. 7, 14; 86-277, S. 2, 4; P.A. 87-261, S.
5; P.A. 88-118, S. 1, 3; 88-230, S. 1, 12; 88-364, S. 84, 123; P.A. 90-98, S. 1, 2; 90-231, S. 9, 28; P.A. 91-263, S. 1, 8; 91-369, S. 17, 36; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; 93-428, S. 16, 20, 21, 39; P.A. 95-220, S. 4-6; 95-257, S. 12, 21,
58; P.A. 96-145, S. 2; P.A. 98-209, S. 1, 25; P.A. 02-129, S. 1; P.A. 03-123, S. 5; 03-125, S. 1; P.A. 04-151, S. 6; P.A. 05-205, S. 10.)
History: 1971 acts prohibited issuance of permit if discharge would be below the highest standard set pursuant to Subsec.
(a) of Sec. 25-54e in Subsec. (b) and replaced water resources commission with environmental protection commissioner;
P.A. 73-38 set deadline of April 10, 1973, for acquiring permit in Subsec. (a), clarified procedure under Subsec. (b) and
added provision allowing commissioner to waive hearing but required hearing if requested by at least 25 persons, placed
5-year limit on renewals and added reference to federal Water Pollution Control Act in Subsec. (c) and added Subsec. (e);
P.A. 73-555 added Subsec. (f) re establishment of categories of discharges; P.A. 73-665 made commissioner's request for
court action in Subsec. (d) discretionary rather than mandatory, substituting "may" for "shall"; P.A. 74-187 added references
to sewer authorities in Subsec. (f); P.A. 77-285 authorized commissioner to define discharge categories and deleted regulation of household and small commercial disposal systems in Subsec. (f) and added Subsec. (g) re household and small
commercial disposal systems; P.A. 77-614 and P.A. 78-303 replaced commissioner of health with commissioner of health
services, effective January 1, 1979; P.A. 78-154 restored reference to household and small commercial systems in Subsec.
(f), added references to community sewerage systems and replaced "sewer authority" with "water pollution control authority"; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 81-176 replaced former
provisions in Subsec. (b) re mandatory public hearing on permit application and public notice of the hearing with provisions
requiring public notice of application and mandatory "comment period" before commissioner approves or denies the
permit, clarified language concerning commissioner's options for action on application and added separate notice provision
for hearing held at commissioner's discretion or upon receipt of petition, amended Subsec. (c) by authorizing the commissioner to require compliance with the federal Safe Drinking Water Act as condition for obtaining a permit, amended Subsec.
(d) by authorizing the commissioner to issue abatement orders where there is a discharge without a permit or in violation
of a permit, amended Subsec. (e) by making public hearing mandatory only if required by the federal Safe Drinking Water
Act; P.A. 82-111 amended Subsec. (b) to clarify hearing and appeal procedure relative to Secs. 25-54o and 25-54p; Sec.
25-54i transferred to Sec. 22a-430 in 1983; P.A. 84-219 amended Subsec. (b) by replacing numeric Subdiv. indicators
with alphabetic indicators and adding provisions requiring the commissioner to adopt regulations establishing standards
for determining whether a discharge would cause pollution and the adequacy of a treatment system and amended Subsec.
(c) by adding provisions establishing procedures for permit renewal; P.A. 86-239 amended Subsec. (f) by deleting reference
to repealed Sec. 22a-418; P.A. 86-277 amended Subsec. (a) to require certain previously exempt persons and municipalities
to obtain permits and to prohibit the commissioner from issuing a permit or renewal if such action would be inconsistent
with the federal Clean Water Act; P.A. 87-261 amended Subsec. (a) by making technical changes; P.A. 88-118 added
Subsec. (h) authorizing the commissioner to issue general permits for categories of discharge; P.A. 88-230 replaced "judicial
district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 amended
Subsecs. (e) and (f) to delete obsolete references to Sec. 22a-429; P.A. 90-98 changed the effective date of P.A. 88-230
from September 1, 1991, to September 1, 1993; P.A. 90-231 amended Subsec. (a) to require permit application fees,
provided that on and after July 1, 1991, the fee shall be prescribed by regulations, and added Subsec. (i) re payment of
annual fee by persons holding a permit to discharge into the waters of the state; P.A. 91-263 deleted former Subsec. (h)
re permits, relettered former Subsec. (i) accordingly, and added Subsec. (i) concerning general discharge permits; P.A.
91-369 amended Subsec. (i) to restate commissioner's authority to adopt regulations setting the fees required by this
section; (Revisor's note: In 1993 an obsolete reference in Subsec. (e) to repealed Sec. 22a-218 was deleted editorially by
the Revisors); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996,
effective June 14, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and
addiction services, effective July 1, 1993; P.A. 93-428 amended Subsec. (b) to make that Subsec. consistent with the new
Subsec. (j), amended Subsec. (c) to provide additional authority to the commissioner re renewal of permits and modifications
to permits and added a new Subsec. (j) re exemptions from permit requirements of this section, effective July 1, 1993;
P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1,
1995; 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; P.A. 96-145 amended Subsec. (i) to extend the length of certain
permits under this section to 30 years and to define "subsurface sewage disposal system"; P.A. 98-209 amended Subsecs.
(b) and (c) to modify provisions re standing to appeal decisions on permits issued pursuant to federal Water Pollution
Control Act under this section; P.A. 02-129 amended Subsec. (b) by adding provision re issuance of permit for an alternative
on-site sewage treatment system in a drinking water supply watershed and making technical changes; P.A. 03-123 made
technical changes in Subsec. (c), effective June 26, 2003; P.A. 03-125 amended Subsec. (d) to make technical changes,
including technical changes for the purpose of gender neutrality, and to allow the Attorney General to seek injunctive
relief, effective July 1, 2003; P.A. 04-151 amended Subsec. (f) to add provisions re delegation of authority by commissioner
to an agency, authority, official or director, effective May 21, 2004; P.A. 05-205 added new Subsec. (k) re denial of permit
where commissioner determines proposed activity is inconsistent with state plan of conservation and development, effective
July 1, 2005.
See chapter 54 (Sec. 4-166 et seq.) re administrative procedures.
See Sec. 22a-27i re exemption of municipality for one year.
See Secs. 22a-208l and 22a-208o re wood-burning facilities.
Annotation to former section 25-54i:
Subsec. (g):
Cited. 183 C. 532.
Annotations to present section:
Cited. 192 C. 591. Cited. 226 C. 205. Cited. 227 C. 175. Cited. 233 C. 486. Cited. 234 C. 488.
Cited. 19 CA 216. Cited. 21 CA 91. Cited. 41 CA 120.
Subsec. (a):
Cited. 218 C. 821. In finding violation under this section, trial court can reasonably infer violations from the evidence
before it. 275 C. 420.
Subsec. (f):
Department may delegate authority to water pollution control authorities to issue permits for all types of discharges
that involve sewer connections. 262 C. 84. There is no administrative remedy under subsec. to review alleged failure of
defendant to act at all in response to plaintiff's application. 265 C. 114.
Subsec. (g):
Applies only to septic system permits, not sewer permits. 262 C. 84.