Conn. Gen. Stat. § 22a-432

Current with legislation from 2024 effective through June 5, 2024.
Section 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.

Conn. Gen. Stat. § 22a-432

(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.)

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 Conn. 38. Mere ownership of real property is sufficient basis for imposing liability under statute. 226 Conn. 358. Cited. 236 C. 722. Officer of a corporation 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 Conn.App. 91; 41 Conn.App. 89; Id., 120; 42 CA 563. Commissioner may impose liability under section on a landowner who takes title to property with notice that it is polluted, and then maintains the pollution by failing to abate it; owner with notice of pollution on his or her property may not escape liability for its abatement merely by leasing it to a tenant. 161 CA 837.