reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-503. - Regional water pollution control authorities: Employees. Benefits.

(a) In conformity with applicable state and federal law, the board of directors of an authority may adopt a method of selection and promotion of its employees in accordance with which it shall select and promote its employees and the board of directors of an authority shall make rules to carry out such purpose and shall investigate the enforcement and effect of such rules. The board of directors of an authority may also establish insurance, health care, retirement and other employee benefits as it deems necessary and convenient to the effective administration of the authority and may enter into contracts with any municipality, including without limitation a constituent municipality, the state, the federal government and private entities, to provide or facilitate the provision of such benefits.
(b) An authority shall be a municipality for purposes of part II of chapter 113 and shall have all rights accorded to municipalities thereby and be subject to all provisions, requirements and limitations pertaining to municipalities contained therein. Without a referendum, an authority may accept said part II of chapter 113 by resolution adopted by its board of directors and such authority shall be deemed a participating municipality for purposes of said part II of chapter 113.
(c) Whenever an authority acquires the property and franchises of any public or private entity operating a wastewater system within its jurisdiction, all employees of such entity that such authority deems necessary for the operation of the authority may become employees of the authority and may be credited by the authority with all rights that have accrued as of the date of such acquisition with respect to seniority, sick leave, vacation, insurance and pensions benefits in accordance with the records, personnel policies or labor agreements of the acquired entity or entities and may accept all funding for such liability to the date of such credit.
(d) Such authority may assume and observe all accrued pension obligations of such acquired entity or entities and may accept all funding for such liability to the date of such assumption. Members and beneficiaries of any pension, retirement or other employee benefit system established by the acquired entity or entities may continue to have such rights, privileges, benefits, obligations and status with respect to such established systems as have accrued as of the date of such acquisition. The authority may enter into agreements with representatives of its employees relative to the inclusion of its employees in any applicable retirement plan or plans, and the authority may constitute a municipality eligible to participate in such retirement plans.
(e) The relations between an authority and its employees with respect to collective bargaining and the arbitration of labor disputes, if any, shall be governed by sections 7-467 to 7-477, inclusive.
(P.A. 95-329, S. 13, 31.)
History: P.A. 95-329, S. 13 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-504. - Regional water pollution control authorities: Acquisition of property. Construction of system. Notice. Hearing.

An authority may enter upon and take and hold by purchase, condemnation or otherwise the whole or any part of any real property or interest therein which it determines is necessary or desirable for use in connection with a wastewater system. No authority shall acquire or construct all or any part of a wastewater system until after a public hearing at which the affected property owners shall have an opportunity to be heard concerning the proposed acquisition or construction. Notice of the time, place and purpose of such hearing shall be mailed not later than fifteen days before the date of the hearing by certified mail, return receipt requested, to the owner of any property to be taken for the proposed acquisition or construction at such owner's address as shown in the last-completed grand list of the municipality in which such property is located or at any later address of which the authority may have knowledge, and shall be published at least ten days before the date thereof in a newspaper having a general circulation in the municipality in which such property is located.
(P.A. 95-329, S. 14, 31.)
History: P.A. 95-329, S. 14 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-505. - Regional water pollution control authorities: Determination of compensation for taking of real property.

Whenever an authority is unable to agree with the owner of any property as to the compensation to be paid for the taking of such property, in its own name and in the manner specified for a redevelopment agency in accordance with sections 8-129 to 8-133, inclusive, an authority may determine such compensation and proceed in the acquisition and use of such property as provided therein.
(P.A. 95-329, S. 15, 31.)
History: P.A. 95-329, S. 15 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-506. - Regional water pollution control authorities: Assessments, rates, fees, charges and penalties.

(a) An authority may (1) levy and collect benefit assessments upon the lands and buildings within its jurisdiction that, in its judgment, are especially benefited by a wastewater system; (2) establish, revise and collect rates, fees, charges, penalties and assessments for the use and benefits of a wastewater system; and (3) order the owner of any building which is accessible to a wastewater system to connect to such system, all in the manner provided in sections 7-249 to 7-257, inclusive, and sections 22a-416 to 22a-599, inclusive.
(b) Any assessment of benefits, including any installment thereof, and any charge, fee, fine or other amount that is not paid within thirty days after the due date shall be delinquent, shall be subject to interest and shall constitute a lien upon the premises served and a charge upon the owner thereof all in the manner provided both by the provisions of the general statutes for delinquent property taxes and by section 7-258. The rules and regulations of the authority may provide for the discontinuance of water pollution control service for nonpayment of taxes, special assessments, fees, rates, penalties or other charges therefor imposed under sections 22a-500 to 22a-519, inclusive. Such lien shall take precedence over all other liens or encumbrances except taxes and may be foreclosed against the lot or building served in the same manner as a lien for taxes, provided all such liens shall continue until such time as they shall be discharged or foreclosed by the authority without the necessity of filing certificates of continuation, but in no event for longer than ten years. The authority may institute a civil action against such owner to recover the amount of any such fee or charge which remains due and unpaid for thirty days along with interest thereon at the same rate as unpaid taxes and with reasonable attorneys' fees.
(P.A. 95-329, S. 16, 31.)
History: P.A. 95-329, S. 16 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-508. - Regional water pollution control authorities: Sale of bonds.

Bonds issued under authority of sections 22a-500 to 22a-519, inclusive, shall be sold by the authority at public or private sale at a price determined by the issuer thereof. The bonds may bear a single or variable rate of interest and may bear different rates of interest for different maturities. The proceeds arising from the sale of any bonds issued under the authority of sections 22a-500 to 22a-519, inclusive, by an authority shall be kept in accounts separate from other funds of the authority and shall be expended only for the purposes and subject to the provisions of sections 22a-500 to 22a-519, inclusive.
(P.A. 95-329, S. 18, 31.)
History: P.A. 95-329, S. 18 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-510. - Regional water pollution control authorities: Bonds or notes executed by former officers.

Any bonds or notes issued by an authority pursuant to sections 22a-500 to 22a-519, inclusive, if properly executed and signed by the appropriate officers of such authority in office on the date of execution, shall be valid and binding according to their terms notwithstanding that before the delivery thereof and payment therefor such officers have ceased to be officers of the authority.
(P.A. 95-329, S. 20, 31.)
History: P.A. 95-329, S. 20 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-511. - Regional water pollution control authorities: Execution, delivery and maturation of bonds.

Bonds issued under sections 22a-500 to 22a-519, inclusive, shall be executed and delivered in such manner and at such times, may be in such form and denominations, bear such date or dates, be sold at such price or prices and mature at such time or times not exceeding thirty years from the date thereof as the authority shall determine. All bonds issued under sections 22a-500 to 22a-519, inclusive, shall be serial bonds maturing in annual or semiannual installments of principal that substantially equalize the aggregate amount of principal and interest due in each annual period, commencing with the first annual period in which an installment of principal is due, or maturing in annual or semiannual installments of principal no one of which shall exceed by more than fifty per cent the amount of any prior installment or shall be term bonds with mandatory deposit of sinking fund payments into a sinking fund of amounts sufficient to redeem or amortize the principal of the bonds in annual or semiannual installments which shall substantially equalize the aggregate amount of principal redeemed or amortized and interest due in each annual period commencing with the first annual period in which a mandatory sinking fund payment becomes due, or sufficient to redeem or amortize the principal of the bonds in annual or semiannual installments no one of which shall exceed by more than fifty per cent the amount of any prior installment. The first installment of principal of any series of bonds shall mature or the sinking fund payment of any series of bonds shall be due not later than three years from the date of issue of such series of bonds and the last installment maturing shall mature or the last sinking fund payment of such series shall be due not later than thirty years therefrom. The bonds may be issued as serial bonds or as term bonds or as a combination thereof. The bonds shall be in such denominations, be in such form, either bearer or registered as to principal and interest or as to principal alone or in book entry form, carry such exchange, transfer and registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places whether within or without the state, and be subject to such terms of redemption as the body having power to authorize such bonds shall determine. The proceeds from the sale of the bonds may be invested and reinvested in such obligations, securities and other investments or deposited or redeposited in such bank or banks as the body having power to authorize such bonds shall determine.
(P.A. 95-329, S. 21, 31.)
History: P.A. 95-329, S. 21 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-512. - Regional water pollution control authorities: Effect of bonds on municipal indebtedness.

Bonds and notes issued by an authority pursuant to sections 22a-500 to 22a-519, inclusive, shall not be subject to any statutory limitation on the indebtedness of any municipality, including without limitation any constituent municipality, and such bonds and notes when issued shall not be included for purposes of computing the aggregate indebtedness of any municipality, including without limitation any constituent municipality, with respect to and to the extent of any such statutory limitation.
(P.A. 95-329, S. 22, 31.)
History: P.A. 95-329, S. 22 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-513. - Regional water pollution control authorities: State not to impair obligations of authorities.

The state of Connecticut does hereby pledge to and agree with the holders of any bonds and notes issued under sections 22a-500 to 22a-519, inclusive, and with those parties who may enter into contracts with an authority or its successor agency pursuant to the provisions of sections 22a-500 to 22a-519, inclusive, that the state will not limit or alter the rights hereby vested in the authority until such obligations, together with the interest thereon, are fully met and discharged and such contracts are fully performed on the part of the authority, provided nothing contained in this section shall preclude such limitation or alteration if and when adequate provisions shall be made by law for the protection of the holders of such bonds and notes of the authority or those entering into such contracts with the authority. Any authority may include this pledge and undertaking for the state in such bonds and notes or contracts.
(P.A. 95-329, S. 23, 31.)
History: P.A. 95-329, S. 23 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-515. - Regional water pollution control authorities: Other municipal powers not affected.

Any power granted to a municipality by sections 22a-500 to 22a-519, inclusive, shall be in furtherance of its borrowing power and shall be in addition to, and not in derogation of, any power granted to any municipality under the provisions of any special act or of any general statute.
(P.A. 95-329, S. 25, 31.)
History: P.A. 95-329, S. 25 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-516. - Regional water pollution control authorities: Bonds to be securities and negotiable instruments.

(a) Bonds issued by an authority under the provisions of sections 22a-500 to 22a-519, inclusive, are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized.
(b) Whether or not the bonds of an authority created pursuant to sections 22a-500 to 22a-519, inclusive, are of such form and character as to be negotiable instruments under article 8 of title 42a, such bonds shall be and are hereby made negotiable instruments within the meaning of and for all the purposes of said article 8 of title 42a, subject only to the provisions of the bonds for registration.
(c) Any pledge made by a municipality or an authority pursuant to the provisions of sections 22a-500 to 22a-519, inclusive, shall be valid and binding from the time when the pledge is made, and any revenues or other receipts, funds or moneys so pledged and thereafter received by such municipality or authority shall be subject immediately to the lien of such pledge without any physical delivery thereof, filing or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the municipality or the authority, irrespective of whether such parties have notice thereof and shall be a statutory lien. Neither the resolution nor any other instrument by which a pledge is created shall be required to be recorded.
(P.A. 95-329, S. 26, 31; May Sp. Sess. P.A. 04-2, S. 66.)
History: P.A. 95-329, S. 26 effective July 13, 1995; May Sp. Sess. P.A. 04-2 amended Subsec. (c) to delete a provision subjecting liens of pledges under section to the Uniform Commercial Code, effective May 12, 2004, and applicable to any pledge, lien or security interest of this state or any political subdivision of this state, which was in existence on October 1, 2003, or created after October 1, 2003.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-517. - Regional water pollution control authorities: Receipt of Clean Water Fund disbursements.

(a) An authority created under sections 22a-500 to 22a-519, inclusive, shall be a public authority having power to make charges for its authorized function and shall be considered a municipality as defined in section 22a-475.
(b) The initial project undertaken by a new authority shall receive (1) a grant of twenty-five per cent of the cost of the project, unless such project is a combined sewer project, in which case a new authority shall receive a grant of fifty-five per cent of the cost of the project. In either case such cost shall be the cost the United States Environmental Protection Agency uses in making grants pursuant to Part 35 of the federal Construction Grant Regulations Act and Titles II and VI of the federal Water Pollution Control Act, as amended; and (2) a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs. All loans made in accordance with the provisions of this section shall bear an interest rate of two per cent per annum. The Commissioner of Energy and Environmental Protection may allow any project fund obligation to be repaid by a borrowing authority prior to maturity without penalty.
(P.A. 95-329, S. 27, 31; P.A. 07-154, S. 5; P.A. 11-80, S. 1.)
History: P.A. 95-329, S. 27 effective July 13, 1995; P.A. 07-154 amended Subsec. (b) to delete provision barring eligible projects that receive a loan from receiving a project grant, effective June 25, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-518. - Regional water pollution control authorities: Jurisdiction.

(a) An authority shall have jurisdiction over all or such portions of the constituent municipalities as may be jointly agreed upon by such municipalities.
(b) Any superior court located within a judicial district that includes any area within the jurisdiction of an authority shall have jurisdiction over any dispute involving an authority except actions commenced pursuant to subsection (b) of section 22a-506.
(P.A. 95-329, S. 28, 31; P.A. 02-85, S. 1.)
History: P.A. 95-329, S. 28 effective July 13, 1995; P.A. 02-85 amended Subsec. (a) to replace provisions re jurisdiction congruent with outermost boundaries of constituent municipalities with provisions re jurisdiction over all or portions of constituent municipalities as may be jointly agreed upon by such municipalities and amended Subsec. (b) to add “within a judicial district that includes any area”.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-519. - Regional water pollution control authorities: Indemnification of officers. Representation of authority by Attorney General. Legal fees of officers.

(a) The authority shall protect, save harmless and indemnify its directors, officers and employees from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or any other act or omission resulting in damage or injury, if the director, officer or employee is found to have been acting in the discharge of his duties or within the scope of his office or employment and such act or omission is not found to have been wanton, reckless, wilful or malicious.
(b) The state through the Attorney General shall provide for the defense of any such director, officer or employee in any civil action or proceeding in any state or federal court or alternative dispute resolution proceeding arising out of any alleged act, omission or deprivation which occurred or is alleged to have occurred while the director, officer or employee was acting in the discharge of his duties or in the scope of his employment, except that the state shall not be required to provide for such defense whenever the Attorney General, based on his investigation of the facts and circumstances of the case, determines that it would be inappropriate to do so and he so notifies the director, officer or employee in writing.
(c) Legal fees and costs incurred as a result of the retention by such director, officer or employee of an attorney to defend his interests in any civil action or proceeding shall be paid by the state in those cases where (1) the Attorney General has stated in writing to the director, officer or employee pursuant to this subsection, that the state shall not provide an attorney to defend the interests of such director, officer or employee and (2) the director, officer or employee is found to have acted in the discharge of his duties or within the scope of his employment and not to have acted wantonly, recklessly, wilfully or maliciously. Such legal fees and costs incurred by such director, officer or employee shall be paid to such director, officer or employee only after the final disposition of the suit, claim, demand or alternative dispute resolution proceeding and only in such amounts as determined by the Attorney General to be reasonable. In determining whether such amounts are reasonable, the Attorney General may consider whether it was appropriate for a group of directors, officers or employees to be represented by the same attorney.
(P.A. 95-329, S. 29, 31.)
History: P.A. 95-329, S. 29 effective July 13, 1995.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446k - Water Pollution Control › Section 22a-522. - General permit establishing effluent units for nitrogen.

Notwithstanding any provision of section 22a-430 or 22a-430b and notwithstanding nitrogen limits specified in individual discharge permits issued pursuant to said section 22a-430, the Commissioner of Energy and Environmental Protection shall issue a general permit for publicly-owned treatment works specifying effluent limits for nitrogen in accordance with the total maximum daily load and may issue a general permit for private-sector entities that discharge nitrogen into state waters that may include, but not be limited to, marketable permits, effluent reduction credits or other economic incentives. In order to meet water quality standards, the commissioner may incorporate compliance schedules into permits issued under this section and said sections 22a-430 and 22a-430b. The general permit shall establish effluent limits for nitrogen and shall establish an annual compliance schedule for nitrogen for each publicly-owned treatment works and for each private-sector entity that discharges nitrogen into state waters. Under the general permit, the commissioner may require publicly-owned treatment works to (1) meet effluent limits and other conditions for discharging nitrogen to the waters of the state pursuant to their individual waste load allocations, (2) comply with monitoring requirements as set forth in the general permit, and (3) comply with any other requirements as determined by the commissioner necessary to carry out the provisions of this section. Publicly-owned treatment works may participate in the nitrogen credit exchange program in order to comply with effluent limits for nitrogen specified in the general permit.
(P.A. 01-180, S. 2, 9; P.A. 06-82, S. 1; P.A. 11-80, S. 1.)
History: P.A. 01-180 effective July 1, 2001; P.A. 06-82 inserted “for publicly-owned treatment works” re general permit and added language re private-sector entities; 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 446k - Water Pollution Control › Section 22a-525. - Audit of annual operating data.

The Commissioner of Energy and Environmental Protection may audit the annual operating data of publicly-owned treatment works participating in the nitrogen credit exchange program in order to assess permit compliance. Publicly-owned treatment works that do not meet permit limits through treatment or the purchase of credits shall be subject to the enforcement provisions of this chapter.
(P.A. 01-180, S. 5, 9; P.A. 11-80, S. 1.)
History: P.A. 01-180 effective July 1, 2001; 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 446k - Water Pollution Control › Section 22a-526. - Regulations.

The Commissioner of Energy and Environmental Protection may, in consultation with the Treasurer, adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 22a-522 to 22a-525, inclusive. Such regulations may provide for programs for municipalities or the private sector including, but not limited to, marketable permits, effluent reduction credits or other economic incentives.
(P.A. 01-180, S. 6, 9; P.A. 06-82, S. 2; P.A. 11-80, S. 1.)
History: P.A. 01-180 effective July 1, 2001; P.A. 06-82 added “in consultation with the Treasurer” and provision re programs for municipalities or the private sector; 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 446m - Mercury Reduction and Education › Section 22a-612. - Legislative finding regarding mercury.

The General Assembly finds that mercury is a persistent and toxic pollutant that bioaccumulates in the environment, and that in order to create and maintain a healthful environment and protect public health, the virtual elimination of the discharge of anthropogenic mercury should be pursued.
(P.A. 02-90, S. 1.)
History: P.A. 02-90 effective July 1, 2002.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-614. - Multistate clearinghouse.

The commissioner shall participate in the regional multistate clearinghouse to assist in carrying out the requirements set forth in sections 22a-612 to 22a-625, inclusive, to act as the designated agent of the clearinghouse for the purposes of receiving notifications and submissions of information as required by sections 22a-612 to 22a-625, inclusive, and to help coordinate reviews of the manufacturers' notifications regarding mercury-added products, applications for phase-out exemptions, collection system plans, disclosures of mercury-added content, applications for alternative labeling or notification systems or both, education and outreach activities, and any other functions related to sections 22a-612 to 22a-625, inclusive.
(P.A. 02-90, S. 3; P.A. 03-123, S. 15.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made a technical change, effective June 26, 2003.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-615. - Notification.

(a) On and after January 1, 2003, no person shall offer any mercury-added product for sale or distribute any such product for promotional purposes in this state unless the manufacturer or its designated industrial trade group gives prior notification in writing to the commissioner or the regional multistate clearinghouse described in section 22a-614 as provided in this section. Such notification, in a form prescribed by the commissioner, shall at a minimum include (1) a brief description of the product or category of products to be offered for sale or distributed; (2) an identification of each product by its mercury content in one of the following ranges: Less than zero to five milligrams, greater than five milligrams to ten milligrams, greater than ten milligrams to fifty milligrams, greater than fifty milligrams to one hundred milligrams, greater than one hundred milligrams to one thousand milligrams and greater than one thousand milligrams; (3) the actual total amount of mercury in each product; and (4) the name and address of the manufacturer and the position, address and phone number of a contact person at the manufacturer. The manufacturer or its designated industrial trade group shall revise the information in the notification whenever there is significant change in the information or when requested by the commissioner or the regional multistate clearinghouse.
(b) Any mercury-added product for which federal law preempts state authority over notice requirements is exempt from the requirements of this section.
(c) With the approval of the commissioner, the manufacturer or its designated industrial trade group may supply the information required in subdivisions (1) to (3), inclusive, of subsection (a) of this section for a product category rather than an individual product.
(d) Public disclosure of trade secrets submitted to the commissioner pursuant to this section shall be governed by the provisions of chapter 14. Notwithstanding the provisions of chapter 14, the commissioner may provide the regional multistate clearinghouse described in section 22a-614 with copies of such information and the commissioner, in consultation with the clearinghouse, may compile or publish analyses or summaries of such information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.
(P.A. 02-90, S. 4; P.A. 03-123, S. 16.)
History: P.A. 02-90 effective July 1, 2002; P.A. 03-123 made technical changes in Subsecs. (a) and (d), effective June 26, 2003.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-621. - Restrictions on sale or distribution of elemental mercury.

Except as provided in section 22a-622, no person shall offer for sale or distribute for promotional purposes or provide elemental mercury without providing a Material Safety Data Sheet, as defined in 42 USC 11049. On and after July 1, 2003, the seller, distributor or provider shall require the purchaser or recipient at the time of receipt of any elemental mercury to sign a statement that the purchaser or recipient (1) will use the mercury only for medical, research or manufacturing purposes; (2) understands that mercury is toxic and that the purchaser will store, use and otherwise handle exposure to such mercury in accordance with state and federal law; and (3) will dispose of the elemental mercury in accordance with state and federal law.
(P.A. 02-90, S. 10.)
History: P.A. 02-90 effective July 1, 2002.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-622. - Restrictions on sale or distribution of elemental mercury to a dental practitioner.

No person shall offer for sale, distribute for promotional purposes or provide elemental mercury to a dental practitioner without providing a Material Safety Data Sheet, as defined in 42 USC 11049. On and after July 1, 2003, such dental practitioner shall (1) use the mercury only for dental purposes; (2) store, use and otherwise handle exposure to such mercury in accordance with the accepted guidelines of the American Dental Association, state and federal law and any applicable best management practices adopted by the state; and (3) dispose of the elemental mercury in accordance with state and federal law.
(P.A. 02-90, S. 11.)
History: P.A. 02-90 effective July 1, 2002.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-623. - Exemptions for mercury-added products with certain manufacture dates.

(a) The following shall be exempt from section 22a-615: (1) Mercury-added products, excluding motor vehicles, that have a code or date of manufacture indicating they were manufactured prior to January 1, 2003, (2) mercury-added products, excluding motor vehicles, for which the manufacturer provides documentation that the product was manufactured prior to January 1, 2003, (3) motor vehicles with a code or date of manufacture prior to October 1, 2003, or (4) motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003.
(b) The following shall be exempt from sections 22a-617 and 22a-619: (1) Mercury-added products, excluding motor vehicles, that have a code or date of manufacture indicating they were manufactured prior to January 1, 2004, (2) mercury-added products, excluding motor vehicles, for which the manufacturer provides documentation that the product was manufactured prior to January 1, 2004, (3) motor vehicles with a code or date of manufacture prior to October 1, 2003, (4) motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003, or (5) mercury-added products with a written certification of a dealer of antiques that to the best of such dealer's knowledge, the product date of manufacture is prior to January 1, 2004, where the certification shall be retained by the owner of such product. For the purposes of this subsection, “dealer of antiques” means a person whose primary business is buying or selling items that are at least twenty-five years old.
(c) The following shall be exempt from section 22a-620: (1) Mercury-added products, excluding motor vehicles, that have a code or date of manufacture indicating they were manufactured prior to July 1, 2003, (2) mercury-added products, excluding motor vehicles, for which the manufacturer provides documentation that the product was manufactured prior to July 1, 2003, (3) motor vehicles with a code or date of manufacture prior to October 1, 2003, or (4) motor vehicles for which the manufacturer provides documentation that the product was manufactured prior to October 1, 2003.
(P.A. 02-90, S. 12; P.A. 07-223, S. 1.)
History: P.A. 02-90 effective July 1, 2002; P.A. 07-223 restructured Subsecs. (a), (b) and (c) and added Subdiv. designators therein and amended Subsec. (b) by adding Subdiv. (5) re products with written certification of dealer of antiques and defining “dealer of antiques”.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-624. - Public education program.

(a) The commissioner, in consultation with other state agencies, may implement a comprehensive program for public education, outreach and assistance for manufacturers, households, waste generators, local and regional solid waste management agencies, businesses, health care facilities, scrap metal processors, recyclers, dismantlers, institutions, schools and other interested groups. Such program may focus on the hazards of mercury; the requirements and obligations of individuals, manufacturers and agencies under sections 22a-612 to 22a-623, inclusive, and voluntary efforts that individuals, institutions and businesses can undertake to help further reduce mercury in the environment. The commissioner, in conjunction with manufacturers of mercury-added products and other affected businesses, may promote the development and implementation of such public education and technical assistance programs.
(b) The commissioner may cooperate with other states and Canadian provinces and regional organizations in developing public education, outreach and assistance programs.
(c) The commissioner may develop an awards program to recognize the accomplishments of those persons who exceed the minimum requirements of sections 22a-615 to 22a-623, inclusive, and who excel at reducing or eliminating mercury in air emissions or releases.
(P.A. 02-90, S. 13.)
History: P.A. 02-90 effective July 1, 2002.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-625. - Exemption for pharmaceuticals, pharmaceutical products, biological products and substances sold without a prescription.

The provisions of sections 22a-612 to 22a-625, inclusive, shall not apply to pharmaceuticals, pharmaceutical products, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetics Act, 21 USC 301 et seq. For purposes of this section, “Biological product” means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or an analogous product, or arsphenamine a derivative of arsphenamine or any other trivalent organic arsenic compound used for the prevention, treatment or cure of a disease or condition of human beings.
(P.A. 02-90, S. 14.)
History: P.A. 02-90 effective July 1, 2002.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-626. - Orders to correct or abate violations.

(a) The Commissioner of Energy and Environmental Protection may issue, modify or revoke orders to correct or abate violations of this chapter, including, but not limited to, any regulation adopted pursuant to this chapter. Any such order may include remedial measures necessary to correct or abate such violations. Such orders may be issued to any person who violates any provision of chapter 446d or any regulation adopted pursuant to this chapter.
(b) Each order issued under this chapter shall be served by certified mail, return receipt requested, or by a state marshal or indifferent person. If a state marshal or indifferent person serves the order, a true copy of the order shall be served, and the original, with a return of such service endorsed thereon, shall be filed with the commissioner. The order shall be deemed to be issued upon service or upon deposit in the mail. Any order issued pursuant to chapter 446d shall state the basis on which it is issued.
(c) Unless a person aggrieved by an order files a written request for a hearing before the commissioner not later than thirty days after the date of issuance, such order shall become final. If requested, the commissioner shall hold a hearing as soon thereafter as practicable. A request for a hearing shall be a condition precedent to any appeal. The commissioner may, after the hearing or at any time after the issuance of the order, modify such order by agreement or extend the time schedule therefor if the commissioner deems such modification or extension advisable or necessary, and any such modification or extension shall be deemed to be a revision of an existing order and shall not constitute a new order. There shall be no hearing subsequent to or any appeal from any such modification or extension.
(d) After hearing, the commissioner shall consider all supporting and rebutting evidence and affirm, modify or revoke such order in the commissioner's discretion and shall so notify the recipient of the order by certified mail, return receipt requested.
(e) The final order of the commissioner shall be subject to appeal as set forth in sections 4-183 and 4-184, except that any such appeal shall be taken to the superior court for the judicial district of New Britain.
(P.A. 06-76, S. 27; P.A. 11-80, S. 1.)
History: P.A. 06-76 effective October 1, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-627. - Action in the superior court.

(a) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in or is about to engage in any acts, practices or omission which constitute, or will constitute, a violation of any provision of this chapter, or any regulation adopted or order issued pursuant to this chapter, at the request of the Commissioner of Energy and Environmental Protection, the Attorney General may bring an action in the superior court for the judicial district of New Britain for an order enjoining such acts or practices, to order remedial measures, or for an order directing compliance and, upon a showing by the commissioner that such person has engaged in any such acts, practices or omissions, a permanent or temporary injunction, restraining order or other order may be granted.
(b) Any person who violates any provision of this chapter, including, but not limited to, any regulation adopted or order issued pursuant to this chapter, shall be assessed a civil penalty not to exceed twenty-five thousand dollars per day, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon request of the commissioner, shall institute a civil action in the superior court for the judicial district of New Britain to recover such penalty.
(c) If two or more persons are responsible for a violation of any provision of this chapter, including, but not limited to, any regulation adopted or order issued pursuant to this chapter, such persons shall be jointly and severally liable under this section.
(d) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial as provided in section 52-191.
(P.A. 06-76, S. 28; P.A. 11-80, S. 1.)
History: P.A. 06-76 effective October 1, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446m - Mercury Reduction and Education › Section 22a-628. - Criminal negligence. False statement, representation or certification. Knowing violation. Penalties.

(a) Any person who, with criminal negligence, violates any provision of this chapter, including, but not limited to, any regulation adopted or order issued pursuant to this chapter, or who makes any false statement, representation or certification in any application, notification, request for exemption, record, plan, report or other document filed or required to be maintained under this chapter, 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.
(b) Any person who knowingly violates any provision of this chapter, including, but not limited to, any regulation adopted or order issued pursuant to this chapter, or who makes any false statement, representation, or certification in any application, notification, request for exemption, record, plan, report or other document filed or required to be maintained under 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 be a class C felony, except that such conviction shall carry a fine of not more than fifty thousand dollars per day for each day of violation.
(P.A. 06-76, S. 29; P.A. 08-124, S. 32; P.A. 13-258, S. 122.)
History: P.A. 06-76 effective October 1, 2007; P.A. 08-124 made a technical change in Subsec. (a), effective June 2, 2008; P.A. 13-258 amended Subsec. (b) to substitute provision re class C felony for provision re imprisonment of not more than 10 years.
A violation of the competitive bidding provision of section is not a per se violation of the antitrust act. 333 C. 672.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446n - Covered Electronic Devices › Section 22a-630. - Registration. Fees. Regulations.

(a) Each manufacturer of covered electronic devices shall register with the Department of Energy and Environmental Protection not later than January 1, 2008, and annually thereafter, on a form prescribed by the Commissioner of Energy and Environmental Protection and accompanied by a fee set by the Commissioner of Energy and Environmental Protection in accordance with this section and any regulations adopted pursuant to this section. The department may review, at a public hearing, as necessary, the CED recycling and registration fees.
(b) Not later than January 1, 2008, each manufacturer that has sold more than one hundred CEDs in calendar year 2007 shall pay an initial registration fee of five thousand dollars. On or after January 1, 2008, each manufacturer that has not sold CEDs by any means in the state prior to January 1, 2008, shall pay an initial registration fee of five thousand dollars and an additional fee equivalent to the greater of: (1) One per cent of the prior year's total share of orphan devices expressed in pounds multiplied by fifty cents, or (2) one thousand dollars.
(c) Commencing July 1, 2009, all manufacturers shall pay an annual registration renewal fee as determined by the commissioner in accordance with subsection (d) of this section.
(d) Not later than April 1, 2009, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish annual registration and reasonable fees for administering the program established in sections 22a-629 to 22a-640, inclusive. All fees charged shall be based on factors relative to the costs of administering such program and be based on a sliding scale that is representative of the manufacturer's market share of covered electronic devices in the state. Market share information shall be based on available national market share data. Fees shall be established in amounts to fully cover but not to exceed expenses incurred by the commissioner for the implementation of such program, including the cost of any education or outreach necessary to carry out such program.
(P.A. 07-189, S. 4; P.A. 08-35, S. 5; June Sp. Sess. P.A. 09-3, S. 465; P.A. 11-80, S. 1.)
History: P.A. 08-35 amended Subsec. (c) to extend date re annual registration fee payment from January 1, 2009, to July 1, 2009, and amended Subsec. (d) to extend date re adoption of regulations from October 1, 2008, to April 1, 2009, effective July 1, 2008; June Sp. Sess. P.A. 09-3 amended Subsecs. (a) and (b) to delete provisions re deposit of fees into electronic device recycling program account and covered electronic recycler reimbursement account; 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, in Subsec. (a), effective July 1, 2011.