Sec. 22a-438. (Formerly Sec. 25-54q). Forfeiture for violations. Penalties.
Sec. 22a-438. (Formerly Sec. 25-54q). Forfeiture for violations. Penalties. (a)
Any person who or municipality which violates any provision of this chapter, or section
22a-6 or 22a-7 shall be assessed a civil penalty not to exceed twenty-five thousand
dollars, to be fixed by the court, for each offense. Each violation shall be a separate and
distinct offense and, in case of a continuing violation, each day's continuance thereof
shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the
judicial district of Hartford to recover such penalty. In determining the amount of any
penalty assessed under this subsection, the court may consider the nature, circumstances,
extent and gravity of the violation, the person or municipality's prior history of violations, the economic benefit resulting to the person or municipality from the violation,
and such other factors deemed appropriate by the court. The court shall consider the
status of a person or municipality as a persistent violator. The provisions of this section
concerning a continuing violation shall not apply to a person or municipality during the
time when a hearing on the order pursuant to section 22a-436 or an appeal pursuant to
section 22a-437 is pending.
(b) Any person who with criminal negligence violates any provision of this chapter,
or section 22a-6 or 22a-7 shall be fined not more than twenty-five thousand dollars per
day for each day of violation or be imprisoned not more than one year or both. A subsequent conviction for any such violation shall carry a fine of not more than fifty thousand
dollars per day for each day of violation or imprisonment for not more than two years
or both. For the purposes of this subsection, person includes any responsible corporate
officer or municipal official.
(c) Any person who knowingly violates any provision of this chapter, or section
22a-6 or 22a-7 shall be fined not more than fifty thousand dollars per day for each day
of violation or be imprisoned not more than three years or both. A subsequent conviction
for any such violation shall carry a fine of not more than one hundred thousand dollars
per day for each day of violation or imprisonment for not more than ten years or both.
For the purposes of this subsection, person includes any responsible corporate officer
or municipal official.
(d) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be
maintained under this chapter, or section 22a-6 or 22a-7 or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or section 22a-6 or 22a-7 shall upon conviction be fined not
more than twenty-five thousand dollars for each violation or imprisoned not more than
two years for each violation or both. For the purposes of this subsection, person includes
any responsible corporate officer or municipal official.
(e) Any person who wilfully or with criminal negligence discharges gasoline in
violation of any provision of this chapter, shall be fined not more than fifty thousand
dollars per day for each day of violation or be imprisoned not more than three years or
both. A subsequent conviction for any such violation shall carry a fine of not more than
one hundred thousand dollars per day for each day of violation or imprisonment for not
more than ten years or both. For the purposes of this subsection, person includes any
responsible corporate officer or municipal officer.
(1967, P.A. 57, S. 17; 1969, P.A. 486, S. 1; 1971, P.A. 872, S. 93; P.A. 73-38, S. 7, 8; P.A. 81-443, S. 4, 7; P.A. 86-203; 86-239, S. 10, 14; P.A. 88-230, S. 1, 12; P.A. 89-270, S. 4; P.A. 90-98, S. 1, 2; 90-222, S. 2; P.A. 93-142, S. 4, 7, 8;
P.A. 95-220, S. 4-6; P.A. 00-19, S. 3; 00-175, S. 2, 4; P.A. 01-195, S. 176, 181.)
History: 1969 act limited applicability of section, excluding persons and municipalities when hearing or appeal pending;
1971 act replaced reference to water resources commission with reference to environmental protection commissioner; P.A.
73-38 substituted "wilfully or negligently" for "knowingly" in Subsec. (a), included violations of part II of chapter 474
and increased fine from $1,000 to $10,000, and added Subsecs. (b) and (c) imposing additional penalties; P.A. 81-443
amended Subsec. (a) to delete requirement that violation be "wilful or negligent", amended Subsec. (b) to revise the standard
for conviction of a criminal violation from negligence to criminal negligence; Sec. 25-54q transferred to Sec. 22a-438 in
1983 and references to part II of chapter 474 were deleted, reflecting incorporation of those sections in this chapter; P.A. 86-203 amended Subsec. (a) by making violations of Sec. 22a-6 or 22a-7 subject to the forfeiture provisions of the subsection,
amended Subsec. (b) by adding provisions regarding subsequent convictions and amended Subsec. (c) by making penalties
applicable to each separate violation; P.A. 86-239 made a technical change clarifying provision re continuing violations;
P.A. 89-270 amended Subsec. (a) by increasing the maximum penalty from $10,000 to $25,000 and made technical changes
(Revisor's note: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New
Britain" in the public and special acts of 1989, 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. 90-222 amended Subsec. (a) by adding the factors a court
may consider when determining the amount of penalty; 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. 95-220 changed the effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 00-19 amended Subsec. (b) by deleting "or
municipality which wilfully or" and adding "or municipal official", inserted new Subsec. (c) re criminal penalties for
knowingly violating provisions and subsequent convictions, redesignated former Subsec. (c) as Subsec. (d) and amended
said Subsec. by deleting "or municipality which", increasing criminal penalties and adding provision specifying that person
includes responsible corporate officer or municipal official; P.A. 00-175 added new provisions, designated as Subsec. (e),
re criminal penalties for discharging gasoline in violation of chapter, effective July 1, 2000; P.A. 01-195 amended Subsec.
(e) to delete reference to municipality and to include municipal officers within the definition of person, effective July
11, 2001.
See Sec. 22a-226c for penalty for illegal disposal of biomedical waste.
Cited. 204 C. 38. Cited. 226 C. 205. Cited. 227 C. 175. P.A. 89-270 cited. Id. Cited. 237 C. 135. Trial court did not
abuse its discretion in imposing penalties because violations were serious and ongoing and defendant's intentions were
irrelevant under the strict liability scheme of the act. 275 C. 420.
Cited. 19 CA 216. Forfeiture provision applies to violations of orders to abate pollution issued under Sec. 22a-431;
expressly applies to any provision in Ch. 446k. 21 CA 91. Cited. 41 CA 120.
Subsec. (a):
Cited. 30 CA 204.