reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-56. - Registration of pesticide distributors. Regulations. Fee.

(a) No person shall distribute, sell, offer for sale, hold for sale, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver any restricted or permit use pesticide unless that pesticide is registered in accordance with the provisions of this part.
(b) The commissioner may prescribe standards for the registration of sellers and distributors of restricted and permit use pesticides. Such standards shall provide that to be registered, a person must be competent with respect to the handling of pesticides and must demonstrate knowledge concerning the proper application of pesticides, their hazards and impact on the environment.
(c) Any person who distributes, sells, offers for sale, holds for sale or offers to deliver any restricted or permit use pesticide to any person in the state shall register his name and address with the commissioner annually. The commissioner may by regulations adopted in accordance with the provisions of chapter 54 require the payment of a fee sufficient to cover the cost of administering examinations for registration and assisting in carrying out the purposes of section 22a-451. The fee for each annual registration shall be one hundred twenty dollars. The fees collected in accordance with this section shall be deposited in the General Fund.
(P.A. 73-540, S. 11, 28; P.A. 77-529, S. 15; P.A. 83-108, S. 2; P.A. 85-407, S. 7, 9; P.A. 86-364, S. 3; P.A. 91-369, S. 10, 36; P.A. 95-208, S. 4, 13; June 30 Sp. Sess. P.A. 03-6, S. 113; June Sp. Sess. P.A. 09-3, S. 400.)
History: P.A. 77-529 required distributors, salesmen, etc. of pesticides to pay annual fee in Subsec. (c); P.A. 83-108 amended Subsec. (c) to specify that fee must be sufficient to cover the cost of registration, examinations and the processing of applications; P.A. 85-407 amended Subsec. (c) by authorizing imposition of a fee to cover the cost of implementing Sec. 22a-451 and required that such fees be credited to the emergency spill response fund; P.A. 86-364 amended Subsec. (c) by deleting provision re use of fee to cover the cost of processing annual registration applications and establishing a fee of $30 for annual registrations until December 31, 1991, and $20 thereafter; P.A. 91-369 amended Subsec. (c) to delete changes in the amount of the fee which would have taken effect after December 31, 1991, and to modify method of deposit into fund; P.A. 95-208 amended Subsec. (c) to require that fees collected in accordance with section be deposited in General Fund, rather than Emergency Spill Response Fund and deleted provision authorizing commissioner to expend up to 5% of such fees for administrative expenses related to collection of such fees, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (c) to increase annual registration fee from $30 to $60, effective August 20, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (c) to increase annual registration fee from $60 to $120.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-56a. - Grounds for refusal to grant registration.

The Commissioner of Energy and Environmental Protection may refuse to grant distributor registration or renewal of registration and may revoke or suspend registration following a hearing in accordance with the provisions of chapter 54. Any violation of the provisions of this part or of section 22a-66z or a regulation adopted thereunder, applicable to registered distributors, shall be grounds for revocation, refusal to renew or suspension of registration including, but not be limited to, the following: (1) Falsification of records required to be maintained pursuant to subsections (a) and (b) of section 22a-58 or refusal to keep and maintain such records; (2) neglecting or refusing to comply with or violating any of the provisions of this part, the regulations adopted thereunder, or any lawful order of the commissioner; (3) the distribution, sale or offering for sale of any restricted use pesticide to any person unless that person is a commercial supervisor or a private applicator certified under section 22a-54 or under subsection (a) of section 23-61a or section 23-61b, or a seller registered under section 22a-56; (4) distribution, sale or offering for sale any permit use pesticide to any person unless that person has a permit issued in accordance with the provisions of this part, subsection (a) of section 23-61a or section 23-61b, or to a seller registered under section 22a-56; (5) the distribution, sale, offering for sale, holding for sale or offering to deliver any restricted or permit use pesticide without distributor registration under section 22a-56.
(P.A. 87-261, S. 11; P.A. 02-89, S. 58; P.A. 11-80, S. 1; P.A. 14-187, S. 32.)
History: P.A. 02-89 replaced references to “sections 23-61b to 23-61d, inclusive” with references to “section 23-61b”, reflecting repeal of Sec. 23-61d by the same public act; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 14-187 deleted reference to Sec. 22a-66y, effective June 11, 2014.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-56b. - New registration after suspension or revocation.

Any registered distributor of restricted pesticides whose registration is suspended or revoked under any provision of this part may apply for a new registration when the time established by the commissioner in the order suspending or revoking the registration has elapsed.
(P.A. 87-261, S. 12.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-57. - Restrictions on sale of pesticides.

(a) No person shall distribute, sell or offer for sale any restricted use pesticide to any person unless that person is a commercial supervisor or a private applicator certified under section 22a-54 or a seller registered under section 22a-56.
(b) No person shall distribute, sell or offer for sale any permit use pesticide to any person unless that person has a permit issued in accordance with the provisions of this part, subsection (a) of section 23-61a or section 23-61b, or to a seller registered under section 22a-56.
(c) The provisions of this section shall apply to all persons who distribute, sell or offer for sale restricted and permit use pesticides for use in the state of Connecticut.
(P.A. 73-540, S. 12, 28; P.A. 82-158, S. 3, 6; P.A. 02-89, S. 59.)
History: P.A. 82-158 clarified Subsec. (a) by limiting the sale of restricted use pesticides to commercial supervisors or private applicators working under the supervision of commercial applicators, where previously sale was limited merely to “applicators”; P.A. 02-89 amended Subsec. (b) to replace reference to “sections 23-61b to 23-61d, inclusive” with reference to “section 23-61b”, reflecting repeal of Sec. 23-61d by the same public act.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-60. - Trade secrets and business information protected. Declaratory judgments.

(a) In submitting data required by this part, the applicant may (1) clearly mark any portions thereof which in his opinion are trade secrets or commercial or financial information and (2) submit such marked material separately from other material required to be submitted under this part.
(b) Notwithstanding any other provision of this part, the commissioner shall not make public information which in his judgment contains or relates to trade secrets or commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this part, information relating to formulas of products acquired by authorization of this part may be revealed to any federal or state agency consulted and may be revealed at a public hearing or in findings of fact issued by the commissioner.
(c) If the commissioner proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, he shall notify the applicant or registrant in writing. The commissioner shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in the superior court for the judicial district of Hartford for a declaratory judgment as to whether such information is subject to protection under this section.
(P.A. 73-540, S. 15, 28; P.A. 76-436, S. 273, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced “Hartford county” with “judicial district of Hartford-New Britain”; 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-61a. - Prohibition re neonicotinoid applications on linden or basswood trees.

(a) No person shall apply, in any manner, any insecticide that is a neonicotinoid, as defined in section 22-61k, to any linden or basswood tree in this state.
(b) The Commissioner of Energy and Environmental Protection may enforce the provisions of this section pursuant to section 22a-6 and establish a fine for the violation of the provisions of this section.
(P.A. 16-17, S. 2.)
History: P.A. 16-17 effective May 6, 2016.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-61b. - Prohibition re application of neonicotinoids when plant bears blossoms. Exceptions.

(a) No person shall apply any neonicotinoid, as defined in section 22-61k, that is labeled for treating plants to any plant when such plant bears blossoms unless such plant is grown in a greenhouse that is inaccessible to pollinators and such application is consistent with best management strategies for growing annuals, perennials, trees and shrubs that will be safe for pollinators after they are purchased and planted. The prohibitions of this section shall not be construed to apply to any person engaged in academic research.
(b) The Commissioner of Agriculture, in conjunction with the Commissioner of Energy and Environmental Protection, may enforce the provisions of this section pursuant to sections 22-4c and 22a-6 and establish a fine for the violation of this section.
(P.A. 16-17, S. 4.)
History: P.A. 16-17 effective May 6, 2016.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-61c. - Chlorpyrifos. Golf course or cosmetic or nonagricultural use. Prohibited. Penalty.

No person shall use or apply chlorpyrifos: (1) On any golf course, or (2) for any cosmetic or nonagricultural use. The Commissioner of Energy and Environmental Protection may assess a civil penalty of not more than two thousand five hundred dollars to any person who violates the provisions of this section.
(P.A. 22-142, S. 1.)
History: P.A. 22-142 effective January 1, 2023.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66. - Commissioner's powers, hearings, regulations.

(a) The commissioner is authorized to prescribe regulations to carry out the provisions of this part, subsection (a) of section 23-61a and section 23-61b. Such regulations shall take into account the difference in concept and usage between various classes of pesticides.
(b) The commissioner may exempt from the requirements of this part, subsection (a) of section 23-61a and section 23-61b, by regulation any pesticide which the commissioner determines to be adequately regulated by another state or federal agency, in order to carry out the purposes of this part, said subsection and said section.
(c) The commissioner, after notice and opportunity for hearing, is authorized:
(1) To declare a pest any form of plant or animal life, other than man and other bacteria, virus and other microorganisms on or in living man or other living animals, which is injurious to health or the environment;
(2) To determine any pesticide which contains any substance or substances in quantities highly toxic to man;
(3) To prescribe regulations requiring any pesticide to be colored or discolored if the commissioner determines that such requirement is feasible and is necessary for the protection of health and the environment. Such regulations shall be consistent with Section 25(c) of FIFRA and regulations promulgated thereunder;
(4) To prohibit the use of any pesticides by officials of towns, cities or boroughs or their agents when such use would result in unreasonable adverse effects on the environment;
(5) To prescribe regulations concerning the time, place, manner, methods, materials and amounts and concentrations, in connection with the application of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the commissioner deems necessary to prevent damage or injury by drift or misapplication to:
(i) Plants including forage plants, or adjacent or nearby lands;
(ii) Wildlife in adjoining or nearby areas;
(iii) Fish and other aquatic life in waters in reasonable proximity to the area to be treated;
(iv) Beneficial insects, animals or man.
(d) The commissioner is authorized to exercise all incidental powers including prescribing regulations, in accordance with the provisions of chapter 54, to comply with FIFRA.
(P.A. 73-540, S. 21, 28; P.A. 77-529, S. 25, 26; P.A. 02-89, S. 65.)
History: P.A. 77-529 required that regulations under Subsec. (c)(3) be consistent with Section 25(c) of FIFRA and associated regulations and added Subsec. (d) re incidental powers of commissioner; P.A. 02-89 amended Subsecs. (a) and (b) to replace references to “sections 23-61b to 23-61d, inclusive” with references to “section 23-61b”, reflecting repeal of Sec. 23-61d by the same public act, and made technical changes in Subsecs. (b) and (c).
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66b. - Pesticide application businesses: Definitions. Compliance with record maintenance requirements.

(a) As used in this section and sections 22a-66c to 22a-66j, inclusive:
(1) “Pesticide application business” means any business which wholly or in part holds itself out for hire to apply or to recommend the application of a pesticide, as defined in section 22a-47, or which, for compensation, applies or recommends the use of a pesticide.
(2) “Place of business” means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial transactions, arrangement of contracts, assignment of work and record-keeping, and excluding buildings or locations used solely for storage of equipment or supplies or telephone answering services.
(b) All certified applicators shall comply with the recording requirements in section 22a-66g.
(P.A. 86-353, S. 1; 86-403, S. 123, 132; P.A. 88-247, S. 3.)
History: P.A. 86-403 made technical changes; P.A. 88-247 redefined “pesticide application business” to delete provision specifying that business must employ more than one certified applicator.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66d. - Action by the commissioner.

(a) The commissioner shall, after review of a complete application, issue or deny a certificate of registration. An applicant shall be informed of a denial by certified mail, return receipt requested. A denial shall briefly state the reasons therefor. Any person aggrieved by a decision to deny a certificate may, within thirty days from the date such decision is deposited in the mail, request a hearing before the commissioner. Such hearing shall be held in accordance with the provisions of chapter 54.
(b) The commissioner may revoke or suspend a registration in accordance with the provisions of section 4-182.
(P.A. 86-353, S. 3.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66f. - Employment of commercial supervisory pesticide applicator.

The pesticide application business shall employ at each place of business, for each category or subcategory in which it makes pesticide applications, not less than one commercial supervisory pesticide applicator certified pursuant to section 22a-54 in that category or subcategory.
(P.A. 86-353, S. 5.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66g. - Records. Availability.

(a) A pesticide application business shall maintain records for not less than five years from the date such record is made or amended, whichever is later. The record shall indicate:
(1) For each application of a pesticide made on behalf of the business, (A) the name and certification number of the commercial supervisor and the commercial operator, (B) the kind and amount of pesticide used and the amount of acreage treated, if applicable, (C) the date and place of application, (D) the pest treated for, and (E) the crop or site treated;
(2) A list of the names and corresponding Environmental Protection Agency registration numbers of any pesticide applied by the business; and
(3) The name and applicator certification number of each certified commercial pesticide applicator, operator or supervisory, who is an employee or agent of the business, and a list of the types of applications which each is performing.
(b) Information required under subdivision (2) of subsection (a) of this section may be kept separately from the records required by subdivision (1) of said subsection or may be integrated with such records by including on the record of each pesticide application the full name and Environmental Protection Agency registration number of the pesticide used.
(c) All records and information required to be kept pursuant to this section shall be kept at the registrant's place of business and may be inspected by the commissioner pursuant to section 22a-59. If the registrant's place of business is outside of the state, the records and information shall be made available to the commissioner at a location in the state not more than ten days after receipt of a request for inspection from the commissioner.
(d) A pesticide application business shall, upon written request, provide a customer with a copy of the record which is required to be kept pursuant to this section and which pertains to a pesticide application performed for that customer.
(P.A. 86-353, S. 6; P.A. 10-32, S. 85.)
History: P.A. 10-32 made technical changes in Subsec. (a), effective May 10, 2010.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66h. - Penalties.

Any person who violates any provision of sections 22a-66b to 22a-66j, inclusive, shall forfeit to the state a sum not to exceed five thousand dollars per day for each day of violation. The Attorney General, upon complaint of the commissioner, shall institute a civil action to recover such forfeiture in the superior court for the judicial district of Hartford. All actions brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191.
(P.A. 86-353, S. 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6.)
History: 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66i. - Action of officer or agent deemed to be action of pesticide application business.

In any proceeding regarding denial, suspension or revocation of a certificate of registration, and any proceeding pursuant to section 22a-66h, the action, omission or failure to act of any officer, agent or other person acting for or employed by the pesticide application business shall also be deemed to be the action, omission or failure to act of the pesticide application business as well as that of the person employed.
(P.A. 86-353, S. 8.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66j. - Regulations.

The Commissioner of Energy and Environmental Protection may, in accordance with the provisions of chapter 54, adopt such regulations as he deems necessary to carry out the purposes of sections 22a-66b to 22a-66i, inclusive.
(P.A. 86-353, S. 9; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66k. - Utilities pesticide management plan. Notice of application.

(a) Each electric distribution company, as defined in section 16-1, shall submit a utilities pesticide management plan to the Commissioner of Energy and Environmental Protection for approval with the concurrence of the Public Utilities Regulatory Authority. A plan shall be revised at such time as the electric distribution company filing the plan or the commissioner determines provided such plan shall be revised not less than once every five years.
(b) Any electric distribution company, as defined in section 16-1, telephone company, as defined in section 16-1, or telecommunications company, as defined in section 16-1, which provides for the application of a pesticide within a right-of-way maintained by such company shall ensure that owners, occupants or tenants of buildings or dwellings that are located on property which abuts such right-of-way, or property within which such right-of-way lies, are notified at least forty-eight hours prior to the application. Notice may be made by any method, including telephone, mail or personal notification. Any such company which provides for the application of pesticides in connection with removal of trees or brush from private property shall obtain the consent of the owner, occupant or tenant of such property prior to the application. Notwithstanding the provisions of section 23-65, any such company which provides for the application of pesticides to any utility pole, after it has been installed, for purposes of maintaining, preserving or extending the useful life of the pole shall post notice of such application on each such pole.
(c) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 setting forth the contents of a pesticide management plan. Such regulations shall include provisions for the on-site posting of a notice of a pesticide application. A notice required by such regulations may be posted at the time of or after the application, provided the time of such posting shall be sufficient to protect persons engaged in a lawful public recreational use of any unimproved real property in which such application is made.
(P.A. 87-298, S. 2; P.A. 97-97; P.A. 98-229, S. 7; P.A. 11-80, S. 1, 57; P.A. 14-134, S. 108.)
History: P.A. 97-97 amended Subsec. (a) to require revision of pesticide management plans every five years, added new Subsec. (b) re notice requirements for application of pesticides by utility companies, redesignated former Subsec. (b) as Subsec. (c) and made technical changes; P.A. 98-229 amended Subsec. (b) to require that notice under this section be given to occupants or tenants of certain property; P.A. 11-80 amended Subsec. (a) by changing “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection” and changing “Public Utilities Control Authority” to “Public Utilities Regulatory Authority”, effective July 1, 2011; P.A. 14-134 replaced “electric company” with “electric distribution company”, effective June 6, 2014.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66n. - Residential automatic pesticide misting system. Prohibition. Regulations. Fine.

(a) On and after January 1, 2019, no person shall install or utilize any residential automatic pesticide misting system in this state. For purposes of this section, “residential automatic pesticide misting system” means any device that is designed to be installed on, near or around the exterior of any residential dwelling or the grounds of such residential dwelling and to automatically spray any pesticide solution at timed intervals.
(b) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subsection (a) of this section. Such regulations may include, but shall not be limited to, the establishment of a fine for the violation of subsection (a) of this section.
(P.A. 18-84, S. 1.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 441 - Pesticide Control › Section 22a-66y. (Formerly Sec. 19-300t). - Sale, use or possession of sodium fluoroacetate.

Section 22a-66y is repealed, effective June 11, 2014.
(February, 1965, P.A. 225, S. 1; 1971, P.A. 872, S. 429; P.A. 82-472, S. 65, 183; P.A. 88-246, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 115; P.A. 04-109, S. 6; P.A. 11-80, S. 1; P.A. 14-187, S. 55.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-67. - State policy regarding noise.

(a) The legislature finds and declares that: (1) Excessive noise is a serious hazard to the health, welfare and quality of life of the citizens of the state of Connecticut; (2) exposure to certain levels of noise can result in physiological, psychological and economic damage; (3) a substantial body of science and technology exists by which excessive noise may be substantially abated; (4) the primary responsibility for control of noise rests with the state and the political subdivisions thereof; (5) each person has a right to an environment free from noise that may jeopardize his health, safety or welfare.
(b) The policy of the state is to promote an environment free from noise that jeopardizes the health and welfare of the citizens of the state of Connecticut. To that end, the purpose of this chapter is to establish a means for effective coordination of research and activities in noise control, to authorize the establishment of state noise emission standards and the enforcement of such standards, and to provide information to the public respecting noise pollution.
(P.A. 74-328, S. 1, 12.)
Legislature has undertaken to preempt field of legislation re noise pollution control in Sec. 22a-67 et seq. and to require that local efforts aimed at noise pollution control comply with requirements it has enumerated by statute. 76 CA 199.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-68. - Definitions.

As used in this chapter:
(a) “Commissioner” means the Commissioner of Energy and Environmental Protection or his designated agent as defined in subsection (a) of section 22a-2.
(b) “Department” means the Department of Energy and Environmental Protection.
(c) “Local government” means any metropolitan district, town, consolidated town and borough, city, borough, village or any subdivision thereof.
(d) “Person” means “person” as defined in subsection (b) of section 22a-2.
(e) “Noise” means the intensity, frequency, duration and character of sounds from a source or number of sources, and includes vibrations of subaudible or superaudible frequency.
(f) “Ambient noise” or “environmental noise” means noise from all stationary sources.
(g) “Stationary noise source” means any building, structure, facility or installation which emits or may emit noise, beyond the property line on which such source is located, except any on-site recreational or sporting activity which is sanctioned by the state or local government or farming equipment or farming activity. A recreational or sporting activity shall be deemed sanctioned by a local government if (1) the activity has received all approvals or permits required by the local zoning authority, (2) a resolution sanctioning the activity has been adopted by the legislative body of the local government, or (3) the activity is owned or operated by the local government.
(P.A. 74-328, S. 2, 12; P.A. 89-277, S. 3, 4; P.A. 11-80, S. 1; P.A. 14-122, S. 133.)
History: P.A. 89-277 redefined “stationary noise source” to specify the circumstances when a recreational or sporting activity shall be deemed to be sanctioned by a local government; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 14-122 made technical changes in Subdivs. (e) and (f).
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-69. - State-wide program of noise regulation.

(a) The commissioner may develop, adopt, maintain and enforce a comprehensive state-wide program of noise regulation which may include, but need not be limited to the following: (1) Controls on environmental noise through the regulation and restriction of the use and operation of any stationary noise source; (2) ambient noise standards for stationary noise sources which in the commissioner's judgment are major sources of noise when measured from beyond the property line of such source and such standards shall be feasible and requisite to protect the public health, safety and welfare; such standards may include, but need not be limited to, adoption by reference of standards or regulations adopted by the administrator of the United States Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto; (3) consultation with state and local governmental agencies when such agencies adopt and enforce codes, standards and regulations dealing with noise insulation and abatement for any occupancy or class of occupancy; (4) controls on airport and aircraft noise to the extent not preempted by federal law; nor shall the state preempt power of local governments, in their capacity as proprietors of airports or under police powers.
(b) (1) Any regulation promulgated pursuant to this chapter shall be adopted pursuant to chapter 54 and shall be one which, in the judgment of the commissioner, is requisite to protect the public health, safety and welfare, taking into account the magnitude and conditions of use or operation of the stationary noise source involved, alone or in combination with other such sources, the degree of noise reduction achievable through the application of the best available and practical technology, taking into consideration technology which may be available at the time the regulation becomes effective.
(2) Regulations promulgated pursuant to the authority of this chapter may be applicable throughout the state or to such parts or regions thereof specifically designated in such regulations.
(3) The commissioner shall adopt regulations providing for the granting of individual variances from the provisions of this chapter, whenever it is found, upon presentation by the petitioner of adequate proof, that compliance with any provision of this chapter, any regulation promulgated under it or an order of the commissioner would impose an arbitrary or unreasonable hardship.
(P.A. 74-328, S. 4, 12; June Sp. Sess. P.A. 91-10, S. 13, 20.)
History: June Sp. Sess. P.A. 91-10 amended Subsec. (a) to make the commissioner's powers and duties under this section discretionary.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-69a. - Enforcement of municipal noise ordinances on Candlewood Lake. Authority of environmental conservation police officers.

Notwithstanding any provision of the general statutes, any environmental conservation police officer of the Department of Energy and Environmental Protection has the authority to enforce the noise ordinance of any municipality that abuts Candlewood Lake on the waters of such lake. In the event that multiple towns that abut such lake have a noise ordinance, any such officer is authorized to enforce the noise ordinance of the municipality that establishes the most restrictive standard for noise upon the waters of such lake.
(P.A. 19-190, S. 3.)
History: P.A. 19-190 effective July 9, 2019.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-70. - Duties and powers of the commissioner.

In order to carry out the purposes of this chapter, the commissioner may:
(a) Exercise all powers granted to him under section 22a-6;
(b) Provide technical assistance to other state agencies and to political subdivisions of this state;
(c) Conduct programs of public education regarding the causes and effects of noise and means for its abatement and control and encourage the participation of professional, scientific, conservation and other public interest groups in related public information efforts;
(d) Cooperate with all federal, interstate, state and local governments relating to the control, prevention and abatement of noise;
(e) Receive and disburse all appropriate funds pertaining to the state's noise control program from private and public sources;
(f) Appoint such advisory groups and committees as may be necessary to assist in carrying out the state noise control program;
(g) Investigate complaints, institute and conduct surveys and testing programs, conduct general ambient noise sampling programs, make observations of conditions which may or do cause or affect noise pollution and make tests or other determinations of noise sources and assess the degree of abatement required.
(P.A. 74-328, S. 5, 12.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-71. - Commissioner's report to Governor and General Assembly.

The commissioner shall report to the Governor and the General Assembly not later than February 15, 1975, his recommendations for further executive and legislative action. Such recommendations shall include:
(a) The feasibility of adopting a program of state certification of products determined to be low noise emission products, including products certified by the administrator of the United States Environmental Protection Agency pursuant to Section 15 of the Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto;
(b) The feasibility of adopting a program establishing labeling requirements which prohibit the sale or offer to sell or the lease or offer to lease of any product, machine or equipment, or class thereof, without notice to the prospective purchaser, lessee or user of the noise levels and characteristics emitted by such product, machine, vehicle or equipment, or its effectiveness in reducing noise, as the case may be. Labeling requirements may be in conformity with federal labeling requirements where applicable;
(c) Other recommendations for executive and legislative action needed to carry out a state-wide program of noise abatement.
(P.A. 74-328, S. 6, 12.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-72. - Cooperation of state agencies, review of regulations.

(a) State agencies shall, to the fullest extent consistent with their authorities under state law administered by them, carry out the programs within their control in such a manner as to further the policy stated in section 22a-67.
(b) State agencies shall cooperate with the commissioner in a state program of noise regulation developed and maintained under this chapter.
(c) Each department, agency or instrumentality of the executive, legislative and judicial branches of the government of this state, (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result in the emission of noise, shall comply with federal and state requirements respecting control and abatement of environmental noise.
(d) Each state agency shall consult with the commissioner in prescribing standards or regulations respecting noise. If at any time the commissioner has reason to believe that a standard or regulation or any proposed standard or regulation, of any agency respecting noise does not protect the public health and welfare to the extent he believes to be required and feasible, he may request such agency to review and report to him on the advisability of revising such standard or regulation to provide such protection. Such agency shall complete the requested review and report to the commissioner within such time as the commissioner specifies, but such time specified may not be less than forty-five days from the date the request was made.
(P.A. 74-328, S. 3, 12.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-73. - Municipal noise regulation programs; ordinances subject to commissioner's approval.

(a) To carry out and effectuate the purposes and policies of this chapter it is the public policy of the state to encourage municipal participation by means of regulation of activities causing noise pollution within the territorial limits of the various municipalities. To that end, any municipality may develop and establish a comprehensive program of noise regulation. Such program may include a study of the noise problems resulting from uses and activities within its jurisdiction and its development and adoption of a noise control ordinance.
(b) Any municipality may adopt, amend and enforce a noise control ordinance which may include the following: (1) Noise levels which will not be exceeded in specified zones or other designated areas; (2) designation of a noise control officer and the designation of an existing board or commission, or the establishment of a new board or commission to direct such program; (3) implementation procedures of such program and the relation of such program to other plans within the jurisdiction of the municipality; (4) procedures for assuring compliance with state and federal noise regulations; (5) noise level restrictions applicable to construction activities, including limitation on on-site hours of operation.
(c) Any such municipal noise control ordinance shall be at least as stringent as any state noise control plan, including ambient noise standards, adopted pursuant to section 22a-69 or any standards or regulations adopted by the administrator of the United States Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto. Notwithstanding the provisions of this subsection, any municipality may adopt more stringent noise standards than those adopted by the commissioner.
(P.A. 74-328, S. 7, 12; P.A. 22-143, S. 3.)
History: P.A. 22-143 amended Subsec. (c) to delete provision re commissioner approve such ordinance and add provision re such ordinance be as stringent as any state noise control plan, effective May 31, 2022.
Town zoning regulation that differentiates between distinct land uses that produce different noise levels for purposes of determining whether a specific use is appropriate for a property does not, ipso facto, specify “noise levels which will not be exceeded in specified zones or other designated areas” under Subsec. (b)(1) and therefore does not constitute a municipal noise control ordinance for purposes of Noise Pollution Control Act. 335 C 606.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-74. - Prohibited acts.

It shall be unlawful for any person to:
(a) Violate or fail to comply with this chapter or any regulation adopted pursuant thereto, or the terms or conditions of any permit, variance or order issued pursuant to this chapter or pursuant to any regulation adopted hereunder.
(b) Hinder or interfere with by force or otherwise, the performance by the commissioner or by any duly authorized agent or employee of the department or their assistants, of any duty of said commissioner or such agent or employee under the provisions of this chapter.
(c) On any property or premises owned or leased by such person, allow the creation, continuance or maintenance of any noise, or allow the installation, use or operation of any stationary noise source, which violates or fails to comply with this chapter, or any regulation adopted pursuant to this chapter, or the terms or conditions of any permit, variance or order issued pursuant to this chapter or pursuant to any regulation adopted hereunder.
(d) Intentionally remove or render inoperable, other than for purposes of normal maintenance, repair or replacement, any device or element of design installed into any stationary noise source to achieve compliance with the provisions of this chapter, or to use or operate after such device or element of design has been removed or rendered inoperable with knowledge of such removal or of such rendering inoperable of such device or element of design.
(P.A. 74-328, S. 8, 12.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-74a. - Exemption of firing and shooting ranges from criminal and civil liability for noise and noise pollution.

(a) Any owner, operator or user of a firing or shooting range operating on October 1, 1998, shall be exempt from criminal prosecution with respect to noise or noise pollution violations and immune from civil liability with respect to noise or noise pollution resulting from shooting activity on such range provided the range was, at the time of its construction or operational approval by the municipality in which it is located, in compliance with the provisions of this chapter and regulations adopted hereunder.
(b) No standards in a noise control ordinance adopted by any municipality for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall apply to any firing or shooting range exempted from liability under this section if such standards are inconsistent with the provisions of this chapter or the regulations adopted hereunder.
(c) This section shall not limit the ability of a municipality to evaluate and regulate any increase in noise attributable to a physical expansion of an existing firing or shooting range.
(P.A. 98-129, S. 16.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-75. - Civil penalties.

The commissioner may set schedules and assess civil penalties for any violation of this chapter pursuant to sections 22a-6a and 22a-6b. Notice, hearing and appeal procedures shall be made pursuant to subsections (c) to (h), inclusive, of section 22a-6b.
(P.A. 74-328, S. 9, 12; P.A. 93-428, S. 36, 39.)
History: P.A. 93-428 made technical changes to correct internal references, effective July 1, 1993.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 442 - Noise Pollution Control › Section 22a-76. - Provisions and remedies not exclusive of others.

The provisions and remedies under this chapter are not exclusive and shall be in addition to any other provisions and remedies provided for in any section of the general statutes or which are available under common law.
(P.A. 74-328, S. 10, 12.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 443 - Litter Control (See Chapter 446d) › Section 22a-83 to 22a-86. - Duties of commissioner re youth litter pickup programs. Annual Litter Control and Recycling Fund assessment. Litter Control and Recycling Fund; application for fund moneys. Expenditure of fund.

Sections 22a-83 to 22a-86, inclusive, are repealed.
(P.A. 74-262, S. 3, 7; P.A. 78-319, S. 5, 7–9, 15; P.A. 79-516, S. 1, 2; P.A. 81-3, S. 4, 5.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 444 - Coastal Management › Section 22a-90. - Short title: Coastal Management Act.

Sections 22a-90 to 22a-111, inclusive, shall be known and may be cited as the “Coastal Management Act”.
(P.A. 78-152, S. 1, 11; P.A. 83-487, S. 28, 33; P.A. 10-106, S. 5.)
History: P.A. 78-152 effective July 1, 1979; P.A. 83-487 amended section to include Secs. 22a-97 to 22a-112, inclusive, under short title; P.A. 10-106 replaced reference to Sec. 22a-112 with reference to Sec. 22a-111.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 444 - Coastal Management › Section 22a-91. - Legislative findings.

The General Assembly finds that:
(1) The waters of Long Island Sound and its coastal resources, including tidal rivers, streams and creeks, wetlands and marshes, intertidal mudflats, beaches and dunes, bluffs and headlands, islands, rocky shorefronts, and adjacent shorelands form an integrated natural estuarine ecosystem which is both unique and fragile;
(2) Development of Connecticut's coastal area has been extensive and has had a significant impact on Long Island Sound and its coastal resources;
(3) The coastal area represents an asset of great present and potential value to the economic well-being of the state, and there is a state interest in the effective management, beneficial use, protection and development of the coastal area;
(4) The waterfront of Connecticut's major urban ports is underutilized and many existing urban waterfront uses are not directly dependent on proximity to coastal waters;
(5) The coastal area is rich in a variety of natural, economic, recreational, cultural and aesthetic resources, but the full realization of their value can be achieved only by encouraging further development in suitable areas and by protecting those areas unsuited to development;
(6) The key to improved public management of Connecticut's coastal area is coordination at all levels of government and consideration by municipalities of the impact of development on both coastal resources and future water-dependent development opportunities when preparing plans and regulations and reviewing municipal and private development proposals; and
(7) Unplanned population growth and economic development in the coastal area have caused the loss of living marine resources, wildlife and nutrient-rich areas, and have endangered other vital ecological systems and scarce resources.
(P.A. 78-152, S. 2, 11; P.A. 79-535, S. 1, 25.)
History: P.A. 78-152 effective July 1, 1979; P.A. 79-535 entirely replaced Subdivs. (3) and (5) which had addressed the demand for recreational opportunity in coastal areas and the lack of full protection for “natural features and processes” and the lack of beneficial development and added Subdivs. (6) and (7).