Sec. 25-32e. Imposition of civil penalties for violations of certain drinking water laws and regulations.
Sec. 25-32e. Imposition of civil penalties for violations of certain drinking
water laws and regulations. (a) If, upon review, investigation or inspection, the Commissioner of Public Health determines that a water company has violated any provision
of section 25-32, section 25-32d or any regulation adopted under section 25-32d, or any
regulation in the Public Health Code relating to the purity and adequacy of water supplies
or to the testing of water supplies or any report of such testing, the commissioner may
impose a civil penalty not to exceed five thousand dollars per violation per day upon such
water company. Governmental immunity shall not be a defense against the imposition
of any civil penalty imposed pursuant to this section. The commissioner shall adopt
regulations, in accordance with the provisions of chapter 54, establishing a schedule or
schedules of the amounts, or the ranges of amounts, of civil penalties which may be
imposed under this section. In adopting such regulations, the commissioner shall consider the size of or the number of persons served by the water company, the level of
assessment necessary to insure immediate and continued compliance with such provision, and the character and degree of injury or impairment to or interference with or
threat thereof to: (1) The purity of drinking water supplies; (2) the adequacy of drinking
water supplies; and (3) the public health, safety or welfare. No such civil penalty may
be imposed until the regulations required by this subsection have been adopted.
(b) In setting a civil penalty in a particular case, the commissioner shall consider
all factors which the commissioner deems relevant, including, but not limited to, the
following: (1) The amount of assessment necessary to insure immediate and continued
compliance with such provision; (2) the character and degree of impact of the violation
on the purity and adequacy of drinking water supplies; (3) whether the water company
incurring the civil penalty is taking all feasible steps or procedures necessary or appropriate to comply with such provisions or to correct the violation; (4) any prior violations
by such water company of statutes, regulations, orders or permits administered, adopted
or issued by the commissioner; (5) the character and degree of injury to, or interference
with, public health, safety or welfare which has been or may be caused by such violation;
and (6) after the adoption of the federal Safe Drinking Water Act Public Notification
Rule pursuant to section 5 of public act 01-185*, whether the consumers of the water
company have been notified of such violation pursuant to such rule.
(c) If the commissioner has reason to believe that a violation has occurred, the
commissioner may impose a penalty if compliance is not achieved by a specified date
and send to the violator, by certified mail, return receipt requested, or personal service,
a notice which shall include: (1) A reference to the sections of the statute or regulation
involved; (2) a short and plain statement of the matters asserted or charged; (3) a statement of the amount of the civil penalty or penalties to be imposed; (4) the initial date
of the imposition of the penalty; and (5) a statement of the party's right to a hearing.
The commissioner shall send a copy of such notice to the local director of health in the
municipality or municipalities in which such violation occurred or that utilize such
water.
(d) The civil penalty shall be payable for noncompliance on the date specified in
subsection (c) of this section and for each day thereafter until the water company against
which the penalty was issued notifies the commissioner that the violation has been
corrected. Upon receipt of such notification, the commissioner shall determine whether
or not the violation has been corrected and shall notify the water company, in writing,
of such determination. The water company may, within twenty days after such notice
is sent by the commissioner, request a hearing to contest an adverse determination. If,
after such hearing, the commissioner finds that the violation still exists, or if the water
company fails to request a hearing, the penalty shall continue in force from the original
date of imposition.
(e) The water company to which the notice is addressed shall have twenty days
from the date of mailing of the notice to make written application to the commissioner
for a hearing to contest the imposition of the penalty. The water company shall send a
copy of such application to the local director of health in the municipality or municipalities in which such violation occurred or that utilize such water. All hearings under this
section shall be conducted pursuant to sections 4-176e to 4-184, inclusive, except that
the presiding officer shall automatically grant each local director of health in the municipality or municipalities in which such violation occurred or that utilize such water the
right to be heard in the proceeding. Any civil penalty may be mitigated by the commissioner upon such terms and conditions as the commissioner, in the commissioner's
discretion, deems proper or necessary upon consideration of the factors set forth in
subsection (b) of this section.
(f) A final order of the commissioner assessing a civil penalty shall be subject to
appeal as set forth in section 4-183 after a hearing before the commissioner pursuant to
subsection (e) of this section, except that any such appeal shall be taken to the superior
court for the judicial district of New Britain and shall have precedence in the order of
trial as provided in section 52-191. Such final order shall not be subject to appeal under
any other provision of the general statutes. No challenge to any such final order shall
be allowed as to any issue which could have been raised by an appeal of an earlier order,
notice, permit, denial or other final decision by the commissioner. The local director of
health in the municipality or municipalities in which such violation occurred or that
utilize such water for which the order was assessed shall have the right to be heard on
such appeal.
(g) If any water company fails to pay any civil penalty, the Attorney General, upon
request of the commissioner, may bring an action in the superior court for the judicial
district of Hartford to obtain enforcement of the penalty by the court. 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.
(h) The provisions of this section are in addition to and not in derogation of any
other enforcement provisions of any statute administered by the commissioner. The
powers, duties and remedies provided in such other statutes, and the existence of or
exercise of any powers, duties or remedies under this section or under such other statute
shall not prevent the commissioner from exercising any other powers, duties or remedies
available to the commissioner at law or in equity.
(P.A. 85-450, S. 1; P.A. 88-230, S. 1, 12; 88-317, S. 86, 107; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9,
39; P.A. 95-220, S. 4-6; 95-257, S. 12, 21, 58; 95-329, S. 6, 31; P.A. 99-215, S. 24, 29; P.A. 00-90, S. 2, 3; P.A. 01-185,
S. 1.)
*Note: Section 5 of public act 01-185 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective
September 1, 1991; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (e) to include new sections added
to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; 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. 93-381 replaced
commissioner of health services with commissioner of public health and addiction services, 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. 95-329 specified applicability of Public Health Code regulations
relating "to the purity and adequacy of water supplies", effective July 1, 1995; P.A. 99-215 replaced "judicial district of
Hartford" with "judicial district of New Britain" in Subsec. (f), effective June 29, 1999; P.A. 00-90 made technical changes
in Subsecs. (a) to (e), (g) and (h), and amended Subsec. (a) by adding reference to Sec. 25-32, adding provision re imposition
of a civil penalty per violation per day and adding provision requiring the commissioner to consider the size of or the
number of persons served by the water company, effective May 26, 2000; P.A. 01-185 amended Subsec. (b) by adding
Subdiv. (6) to allow the commissioner to consider, in setting a civil penalty, whether, upon the commissioner's adoption
of the federal Safe Drinking Water Act Public Notification Rule, the consumers of the water company have been notified
of the violation pursuant to such rule, amended Subsec. (c) to require the commissioner to send a copy of the notice stating
the alleged violation to the local director of health in the municipality or municipalities in which such violation occurred
or that utilize such water, amended Subsec. (e) to require a water company that has made a written application for a hearing
to send a copy of such application to the local director of health in the municipality or municipalities in which such violation
occurred or that utilize such water and to grant the local director of health in such municipality or municipalities the right
to be heard in the proceeding, and amended Subsec. (f) to grant such local director or directors the right to be heard in an
appeal of a final order.