2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446a - Radiation and Radioactive Materials › Section 22a-157a. - Hazards from radioactive materials. Commissioner authority to investigate, mitigate and contain. Liability of responsible party. Reimbursement of costs for abatement, containment, mitigation or removal of exposure hazard. Attorney General civil action for costs of contractual obligations.

(a) The Commissioner of Energy and Environmental Protection may take steps that the commissioner deems necessary to protect human health and the environment, including, but not limited to, investigating, monitoring, abating, containing, mitigating or removing any hazard, potential hazard, pollution, contamination or potential pollution or contamination if: (1) Any person causes or is responsible for any exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation, or causes or is responsible for pollution, contamination or potential pollution or contamination of any land, water, air or other natural resource of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste, and does not act immediately to prevent, abate, contain, mitigate or remove such hazard, potential hazard, pollution, contamination, or potential pollution or contamination, to the satisfaction of the commissioner, or (2) the person responsible is unknown, and such hazard, potential hazard, pollution, contamination, or potential pollution or contamination, is not being prevented, abated, contained, mitigated or removed by the federal government, any state agency, any municipality or any regional or interstate authority. The commissioner may enter into a contract with any person for the purpose of carrying out the provisions of this subsection.
(b) Any person who causes or is responsible for any exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation or who causes or is responsible for pollution, contamination, or potential pollution or contamination of any land, water, air or other natural resource of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste shall be liable for all costs and expenses incurred by the commissioner in accordance with subsection (a) of this section, including all costs and expenses to restore the air, water, land and other natural resources of the state, and shall be liable for all attorneys' fees, court costs and any other legal expenses incurred by the state regarding the recovery of such costs. Nothing in this subsection shall preclude the commissioner from seeking additional compensation or such other relief that a court may award, including punitive damages. When such hazard, potential hazard, pollution, contamination or potential pollution or contamination results from the action or inaction of more than one person, each person shall be held jointly and severally liable for such costs. Upon request of the commissioner, the Attorney General shall bring a civil action to recover all such costs and expenses from the person who caused or is responsible for any such hazard, potential hazard, pollution, contamination or potential pollution or contamination.
(c) Any person who prevents, abates, contains, removes or mitigates any (1) exposure hazard or potential exposure hazard from radioactive materials, radioactive waste or a source of ionizing radiation that is not authorized by a provision of the general statutes, any regulation, registration or license, or (2) any pollution or contamination or potential pollution or contamination of any land, water, air or other natural resources of the state through a discharge, spillage, uncontrolled loss, release, leakage, seepage or filtration of radioactive material or radioactive waste that is not authorized by a provision of the general statutes, any regulation, registration or license, shall be entitled to reimbursement of the reasonable costs incurred or expended for such abatement, containment, removal or mitigation from any person whose negligent, reckless, knowing or intentional action or inaction caused such hazard, potential hazard, pollution, contamination or potential pollution or contamination. When such hazard, potential hazard, pollution, contamination or potential pollution or contamination results from the action or inaction of more than one person, each such person shall be held jointly and severally liable for such costs.
(d) Whenever the commissioner incurs contractual obligations in carrying out the authority vested in the commissioner pursuant to subsection (a) of this section and the person who causes or is responsible for the hazard, potential hazard, pollution, contamination or potential pollution or contamination does not assume the tasks and responsibilities that are the subject of such contractual obligations, the commissioner shall request the Attorney General to bring a civil action, pursuant to subsection (b) of this section, to recover the costs and expenses of such contractual obligations and other costs and expenses provided for in subsection (b) of this section. If the person responsible is unknown, the commissioner shall request the federal government to assume such contractual obligations to the extent provided for by federal law.
(June Sp. Sess. P.A. 21-2, S. 44.)