Connecticut Administrative Code › Title 22a - Environmental Protection › 462 - Sewage System Additives and Detergents › Section 22a-462-2 - Banning of detergents

Current through July 10, 2024
(a) If the
			 Commissioner determines that the use of any detergent in an area of the state
			 is resulting in pollution of the waters of the state or can reasonably be
			 expected to result in pollution of the waters of the state or is a significant
			 factor in the accelerated eutrophication of a lake, pond, or other body of
			 water in the state, he shall notify the manufacturer of the detergent and the
			 chief executive officer of each municipality in the affected area of his intent
			 to ban the detergent in that area. Such notice shall be sent by certified mail,
			 return receipt requested, and shall (1) conform to the requirements of
			 subsection (d) of this section, (2) state that the manufacturer or municipality
			 may request a hearing within thirty days from the date the notice was issued,
			 and (3) be published in a newspaper of general circulation in the area
			 affected.
(b) Any person aggrieved
			 by a proposal to ban a detergent pursuant to Section
			 22a-461
			 of the General Statutes may, within thirty days from the date the notice of
			 intent is issued, request a hearing. The Commissioner shall hold a hearing if
			 so requested. After the hearing the Commissioner shall consider all information
			 presented, including but not limited to information related to technical
			 feasibility, the chemical content of the product(s) to be banned, or a proposal
			 to reformulate the detergent to omit the ingredient which is causing or adding
			 to the pollution or accelerated eutrophication to comply with Section
			 22a-460
			 through
			 22a-462
			 inclusive of the General Statutes. The Commissioner shall inform the
			 manufacturer and all parties to the hearing by certified mail, return receipt
			 requested, that the notice of intent has been affirmed, affirmed as revised in
			 accordance with information received, or rescinded.
(c) If no request for a hearing is received
			 as provided for in subsection (b) of this section, or if after a hearing the
			 Commissioner affirms his notice of intent to ban or affirms it as revised, a
			 notice of the banning of the detergent shall be sent to the manufacturer by
			 certified mail, return receipt requested, and mailed to all known distributors.
			 Notice shall subsequently be published in a newspaper of general circulation in
			 the area affected by the ban. Each notice shall conform to the requirements of
			 subsection (d) of this section. The ban shall be effective as of the date of
			 newspaper publication.
(d) Each
			 notice required by these regulations shall include but need not be limited to
			 the following:
(1) the name of the detergent
			 to be banned,
(2) the ingredient of
			 the detergent which is causing or adding to the pollution or accelerated
			 eutrophication,
(3) a description
			 of the area in which the detergent will be banned,
(4) the statutory authority for the
			 ban,
(5) the reason for the
			 ban,
(6) the actions which
			 constitute a violation of the ban,
(7) the penalty for violation of the ban,
			 and
(8) a statement that the ban is
			 effective upon publication in a newspaper of general circulation in the area
			 affected.