Sec. 22a-432. (Formerly Sec. 25-54k). Order to correct potential sources of pollution.
Sec. 22a-432. (Formerly Sec. 25-54k). Order to correct potential sources of
pollution. If the commissioner finds that any person has established a facility or created
a condition before or after June 25, 1985, or is maintaining any facility or condition
which reasonably can be expected to create a source of pollution to the waters of the
state, he may issue an order to such person to take the necessary steps to correct such
potential source of pollution. Any person who receives an order pursuant to this section
shall have the right to a hearing and an appeal in the same manner as is provided in
sections 22a-436 and 22a-437. If the commissioner finds that the recipient of any such
order fails to comply therewith, he may request the Attorney General to bring an action
in the superior court for the judicial district of Hartford to enjoin such person from
maintaining such potential source of pollution to the waters of the state or to take the
necessary steps to correct such potential source of pollution. All actions brought by the
Attorney General pursuant to the provisions of this section shall have precedence in the
order of trial as provided in section 52-191. An innocent landowner, as defined in section
22a-452d, shall not be held liable, except through imposition of a lien against the contaminated real estate under section 22a-452a, for any order issued under this section on or
before August 1, 1990, which order is subject to appeal as of July 6, 1995, and, after
July 1, 1996, for any order issued under this section after July 1, 1996.
(1967, P.A. 57, S. 11; 1971, P.A. 872, S. 87; P.A. 73-665, S. 12, 17; P.A. 78-280, S. 6, 127; P.A. 84-239, S. 1; P.A.
85-392, S. 4, 5; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-190, S. 9, 17; 95-218, S. 18, 24;
95-220, S. 4-6.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-665 made commissioner's issuance of orders to correct potential pollution sources discretionary
rather than mandatory, substituting "may" for "shall"; P.A. 78-280 replaced Hartford county with judicial district of
Hartford-New Britain; Sec. 25-54k transferred to Sec. 22a-432 in 1983; P.A. 84-239 authorized the commissioner to issue
orders to persons establishing a facility or creating a condition which may cause pollution and authorized court action to
require correction of potential sources of pollution; P.A. 85-392 made provisions applicable to conditions "before or after
June 25, 1985"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; 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. 95-190 provided a limitation on liability under this section for innocent landowners, effective June
29, 1995; P.A. 95-218 confined the liability protection for innocent landowners to orders issued before July 1, 1990, or
after July 1, 1996, effective July 6, 1995; 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.
Annotations to former section 25-54k:
Joinder of necessary parties to injunctive action discussed. 180 C. 568.
Cited. 32 CS 121.
Annotations to present section:
Cited. 204 C. 38. Mere ownership of real property is sufficient basis for imposing liability under the statute. 226 C.
358. Cited. 236 C. 722. Court found officer of a corporation to be personally liable for abatement of a violation of section
when the officer is in a position of responsibility that allows him to influence corporate policies and activities, there is a
nexus between his actions or inactions in that position and the violation such that the officer influenced the corporate
actions constituting the violation, and his actions or inactions resulted in the violation. 256 C. 602.
Cited. 21 CA 91. Cited. 41 CA 89; Id., 120. Cited. 42 CA 563.