Connecticut Administrative Code › Title 22a - Environmental Protection › 2a - Delegation of Authority › Section 22a-2a-1 - Delegation of authority for the abatement of air pollution

Current through July 10, 2024
(a)
Definitions
"Designee" means a Director of Health who has entered into a
				memorandum of agreement under this section.
"Director of Health" means a local or district director of
				health appointed under the provisions of Sections
				19a-200,
				19a-201, or
				19a-242
				of the Connecticut General Statutes.
"District Department of Health" means a district department of
				health established in accordance with section
				19a-241
				of the General Statutes.
"Investigation" means observation, inquiry, the collection of
				samples for analysis and the recording of any pertinent facts relative to any
				existing or potential source of air pollution.
"Air pollution" means the presence in the outdoor atmosphere of
				one or more air pollutants or any combination thereof in such quantities and of
				such characteristics and duration as to be, or be likely to be, injurious to
				public welfare, to the health of human, plant or animal life, or to property,
				or to reasonably interfere with the enjoyment of life and
				property.
(b)
Scope of
			 delegation
(1) The commissioner of
			 Environmental Protection may by memorandum of agreement made pursuant to these
			 regulations delegate the authority to investigate certain existing or potential
			 air pollution discharges as described in Chapter 446c of the Connecticut
			 General Statutes to any Director of Health. No authority to investigate any
			 existing or potential source of pollution originating from a facility or
			 property owned by the state or any instrumentality of the state shall be
			 granted by these regulations.
(2)
			 The commissioner may delegate to a Director of Health all or part of the
			 authority to investigate violations of the standards, criteria and other
			 requirements pertaining to visible emissions, fugitive dust, and odors
			 contained in Sections
			 22a-174-11,
			 22a-174-18(a),
			 22a-174-18(b)
			 and
			 22a-174-23 of
			 the Regulations of Connecticut State Agencies.
(3) In carrying out delegated authority a
			 designee shall be considered an agent of the commissioner and shall have the
			 investigatory powers specified in Section
			 22a-174-4
			 a(c)(3) of the Regulations of Connecticut State Agencies.
(4) Within fifteen days of the detection of a
			 suspected violation of any standard, criteria or other requirement which the
			 designee has been authorized to investigate, the designee shall submit an
			 investigative report to the commissioner and to the facility owner, describing
			 the suspected violation and the methods by which it was detected. The report
			 may also include recommended actions to be taken by the commissioner to abate
			 the violation. Within thirty days of the receipt of such an investigative
			 report the commissioner shall send written notice to the designee describing
			 either the appropriate course of action to abate the violation or a statement
			 of why no action is necessary. In the event that further investigation by the
			 department is required, the commissioner shall so notify the designee and
			 shall, at the completion of the investigation, inform the designee in writing
			 of any necessary action.
(5) In
			 addition to notifying the commissioner of the detection of a suspected
			 violation as specified in subdivision (b) (4) the designee shall make
			 reasonable effort in light of all circumstances to correct the suspected
			 violation by discussion with the facility owner or operator.