reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 2 - Course and Method of Operation › Subpart C - Division of Conservation and Preservation › Section 22a-2-22a - Chief of property management

Current through July 10, 2024
The chief of property management and his staff administer
					 the department's property management program. Management includes all matters
					 concerning leases, agreements, easements, land exchange, land records, in-house
					 surveys, encroachments, annual inspections of state owned properties acquired
					 with federal funds and other matters normally related to property management.
					 They may assist in land acquisition programs at the request of the chief of
					 land acquisition with the approval of the deputy commissioner.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 2 - Course and Method of Operation › Subpart C - Division of Conservation and Preservation › Section 22a-2-23a - Chief of parks and recreation

Current through July 10, 2024
The chief of parks and recreation and his staff develop and
					 administer Connecticut's recreational facilities and programs. The principal
					 recreation programs include camping, swimming, boating, picnicking, trails,
					 winter sports and heritage sites visitation.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 2 - Course and Method of Operation › Subpart C - Division of Conservation and Preservation › Section 22a-2-24a - Chief of wildlife

Current through July 10, 2024
The chief of wildlife and his staff provide technical
					 supervision for the purchase and liberation of wildlife, the improvement of
					 habitat conditions for all wildlife on state owned and private lands, and the
					 administration of federal aid programs as they pertain to wildlife management.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 2 - Course and Method of Operation › Subpart C - Division of Conservation and Preservation › Section 22a-2-25a - Regional field offices

Current through July 10, 2024
The regional field offices implement the various programs
					 of the division under the guidance of the various staff directors and chiefs.
					 For purposes of program implementation, the state is divided into five regions:
					 (1) Northwest quarter; (2) Southwest quarter; (3) Middle-eastern quarter; (4)
					 Far eastern quarter; and (5) Marine district, comprising the area along Long
					 Island Sound. A field office and staff exist in each region.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 3 - Public Information › Section 22a-3-2a - Requests for information

Current through July 10, 2024
(a) Requests for
				information should be made, whenever possible, directly to the unit in
				possession of the requested information. When the particular unit is not known
				or when information is requested concerning overall departmental matters,
				requests should be directed to the Director of Information and Education,
				Department of Environmental Protection, State Office Building, Hartford,
				Connecticut 06115.
(b) There is no
				prescribed form for requests for information. They should be sufficiently
				specific to permit easy identification of the information requested. Simple
				requests may be made orally, in person or by telephone.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 3 - Public Information › Section 22a-3-3a - Exemptions

Current through July 10, 2024
Whenever a unit of the department receives a request for
				  information which the director or chief of the unit considers exempt from
				  disclosure, he will forward the request to the deputy commissioner of the
				  relevant division. If the deputy commissioner determines that the requested
				  information is not exempt from disclosure, he will instruct the referring
				  director or chief to release it. If the deputy commissioner determines the
				  information is exempt from disclosure, he will notify the person requesting it
				  of his determination and the reason for it.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1 - Description of Organization › Part 3 - Public Information › Section 22a-3-4 - Submission of materials

Current through July 10, 2024
Submission other than petitions or applications, as defined
				  in Secs. 22a-4-2, should be made directly to the unit in the department for
				  whose use such materials are intended. Any person who submits materials should
				  enclose a cover letter which states clearly and concisely the uses for which
				  they are intended. Although the department will attempt to return unsolicited
				  materials if requested, it cannot guarantee such return.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-2 - Determination of sponsoring agency

Current through July 10, 2024
(a) Each agency
			 responsible for the recommendation or initiation of an action is considered a
			 sponsoring agency for the purpose of the Act and the CEPA regulations. When
			 more than one agency is involved in the recommendation or initiation of an
			 action, one agency shall act as the sponsoring agency. The participating agency
			 or agencies not acting as the sponsoring agency shall share with the sponsoring
			 agency the responsibility for the scope and content of environmental review
			 documents prepared pursuant to the Act and the CEPA regulations.
(b) The determination of the sponsoring
			 agency shall be based on the:
(1) Magnitude
			 of the agency's involvement;
(2)
			 Activity approval or disapproval authority;
(3) Expertise concerning the action's
			 environmental effects;
(4) Duration
			 of the agency's involvement;
(5)
			 Sequence of the agency's involvement.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-3 - Determination of environmental significance

Current through July 10, 2024
(a) To determine
			 whether an action is an action which may significantly affect the environment,
			 an agency shall:
(1) Consider the direct,
			 indirect, and cumulative effects of an action as those effects are described in
			 subsection (b) and (c) of this section, and
(2) Assess the setting, duration,
			 irreversibility, controllability, geographic scope, and magnitude of those
			 effects as the potential or actual consequences of an action.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-4 - Agency-specific and generic environmental classification documents

Current through July 10, 2024
(a) Each agency may prepare an environmental
			 classification document that conforms to the requirements of this section. A
			 generic statewide environmental classification document, as maintained by the
			 Office of Policy and Management, shall be applicable to all agencies that do
			 not have an approved, agency-specific environmental classification
			 document.
(b) Each environmental
			 classification document shall include, but need not be limited to:
(1) A list of typical agency actions that
			 require public scoping and the preparation of an environmental impact
			 evaluation. This list shall include:
(A)
			 actions which may significantly affect the environment, or
(B) actions which could serve short-term to
			 the disadvantage of long-term environmental goals, and
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-5 - Adoption and amendment of agency -specific environmental classification documents

Current through July 10, 2024
(a) Each agency
			 developing a new or amended environmental classification document shall make
			 such document available to the Office of Policy and Management, the Department
			 of Energy and Environmental Protection, the Council on Environmental Quality,
			 other appropriate governmental agencies, and any other interested person as
			 determined by the preparing agency or the Office of Policy and
			 Management.
(b) The agency
			 developing such a new or amended environmental classification document shall
			 publish a notice of the availability of its environmental classification
			 document in the Environmental Monitor. Such notice shall be on a form required
			 for publication in the Environmental Monitor and shall include the time line
			 and procedure for submitting comments on the document.
(c) Any person may comment, in writing, on
			 any environmental classification document no more than forty-five (45) days
			 after the publication of the notice of availability in the Environmental
			 Monitor. The agency developing the environmental classification document shall
			 forward all comments to the Office of Policy and Management, which shall
			 distribute them to the Department of Energy and Environmental Protection, and
			 the Council on Environmental Quality.
(d) The Office of Policy and Management,
			 following consultation with the Department of Energy and Environmental
			 Protection, the Council on Environmental Quality and the agency that developed
			 the environmental classification document, shall approve each environmental
			 classification document, or disapprove it with recommendations for
			 change.
(e) Each approved
			 environmental classification document shall be filed with the Office of Policy
			 and Management.
(f) An approved
			 environmental classification document shall be the basic criterion for the
			 agency's determination to enter into the public scoping process for an
			 action.
(g) Each environmental
			 classification document shall be amended as necessary to reflect significant
			 changes in an agency's programs or operations. Adoption of any amendment to an
			 environmental classification document shall follow the adoption process set
			 forth in this section.
(h) Each
			 environmental classification document existing as of the effective date of this
			 section shall be reviewed by the agency that established it. Within eighteen
			 months of the effective date of this section the agency shall submit, for
			 review and approval, a revised environmental classification document or confirm
			 that it will continue to rely on the established environmental classification
			 document and that the established environmental classification document has
			 considered all factors identified in section
			 22a-1a-3
			 of the CEPA regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-6 - Public scoping procedure

Current through July 10, 2024
(a)
Required
			 public scoping.
A sponsoring agency shall conduct public scoping for
			 those actions listed as requiring public scoping in the generic or applicable
			 agency-specific environmental classification document.
(b)
Scoping determinations.
An
			 agency shall specifically assess an action or category of action, which is not
			 listed or otherwise addressed in the generic environmental classification
			 document or an agency-specific environmental classification document in
			 accordance with section
			 22a-1a-4(b)
			 or section
			 22a-1a-4(c)
			 of the CEPA regulations, to determine whether it requires public scoping. An
			 agency may complete the applicable portion of the environmental review
			 checklist to assist in and document this assessment as necessary.
(c) A sponsoring agency may, at its
			 discretion, conduct public scoping or hold a public scoping meeting for any
			 action. Any discretionary public scoping or public scoping meeting shall follow
			 the procedures in this section.
(d)
			 Public scoping conducted in accordance with this section will satisfy the
			 requirement of section 22a-1b of the Act to conduct early public
			 scoping.
(e)
Public scoping
			 notice.
The sponsoring agency shall initiate public scoping by
			 publishing notice of such process in the Environmental Monitor. The public
			 scoping notice shall be on a form required for publication in the Environmental
			 Monitor and shall contain the following information:
(1) Name and brief description of the
			 action;
(2) A description of the
			 purpose and need of the action, and any relevant site selection
			 criteria;
(3) Any considered
			 locations for the action;
(4)
			 Figures, maps, or plans, if available;
(5) Date, time and location of any public
			 scoping meeting planned by the sponsoring agency, or the procedure to request a
			 public scoping meeting if one is not planned;
(6) Duration of the public comment period,
			 which shall end no less than thirty (30) days after the publication of the
			 notice or, if a public scoping meeting is planned, not less than five (5) days
			 after the public scoping meeting, whichever is later;
(7) The procedure for submitting comments;
			 and
(8) Any other information
			 deemed necessary by the sponsoring agency.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-7 - Post-scoping notice

Current through July 10, 2024
(a) Not more than
			 six months after the close of the public scoping comment period, a sponsoring
			 agency shall publish a post-scoping notice in the Environmental Monitor that
			 shall indicate whether the agency intends to prepare an environmental impact
			 evaluation or, if unable to publish a post-scoping notice within this six-month
			 period, the sponsoring agency shall publish an update as to the action status
			 and an estimate as to when a post-scoping notice will be published. Such an
			 update shall be published at six-month intervals until the post-scoping notice
			 is published.
(b) Prior to a
			 decision and the publication of a post-scoping notice, the sponsoring agency
			 shall consult with all state agencies and municipalities that submitted
			 substantive comments during the public scoping process.
(c) The post-scoping notice shall be on a
			 form required for publication in the Environmental Monitor and shall include,
			 but not be limited to:
(1) The date that the
			 notice of public scoping was published in the Environmental Monitor;
(2) The date of the public scoping meeting,
			 if one was held;
(3) A summary of
			 the comments received during the public comment period;
(4) The sponsoring agency's responses to the
			 comments received. Such responses may include a commitment to substantively
			 address some or all comments in the environmental impact evaluation in
			 accordance with section
			 22a-1a-8(f)(7)
			 of the CEPA regulations; and
(5) A
			 statement that the agency will, or will not, be preparing an environmental
			 impact evaluation in accordance with section
			 22a-1a-8
			 of the CEPA regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-9 - Notice, distribution, and review of environmental impact evaluations; public hearing

Current through July 10, 2024
(a) The sponsoring
			 agency shall publish notice of the availability of environmental impact
			 evaluations in accordance with Section 22a-1d of the Act and may utilize any
			 such other media such agency deems necessary to ensure adequate public notice.
			 The notice of availability shall be on a form required for publication in the
			 Environmental Monitor and shall include, but not be limited to, the following
			 information:
(1) The name, address or
			 location, and brief description of the action;
(2) The name of the municipality or
			 municipalities where the action is located;
(3) The date, time and location of a public
			 hearing planned by the sponsoring agency, if any, or the procedure to request a
			 public hearing if one is not planned;
(4) The closing date of the public comment
			 period, which shall end no less than forty-five (45) days after the publication
			 of the notice in the Environmental Monitor or, if a public hearing is planned,
			 no less than five (5) days after the public hearing, whichever is
			 later;
(5) The procedure for
			 submitting comments; and
(6) The
			 sponsoring agency's relevant contact information.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-10 - Record of decision and determination of adequacy of an environmental impact evaluation

Current through July 10, 2024
(a) A sponsoring
			 agency shall review all comments submitted on an environmental impact
			 evaluation and any other pertinent information it obtains following circulation
			 of an environmental impact evaluation or at a public hearing on the
			 environmental impact evaluation, and may conduct further environmental study
			 and analysis or amend the evaluation. In all cases, the sponsoring agency shall
			 prepare responses to the substantive issues raised in review of and comment on
			 the environmental impact evaluation and any supplemental materials or
			 amendments. Those responses and all supplemental materials and comments shall
			 be made available for public inspection and shall be provided to the Office of
			 Policy and Management.
(b) The
			 sponsoring agency shall prepare a concise public record of decision, which
			 takes into consideration the sponsoring agency's findings in the environmental
			 impact evaluation, and comments received on that evaluation. The record of
			 decision shall state:
(1) The sponsoring
			 agency's decision whether to proceed with the action.
(2) Whether all practicable means to avoid or
			 minimize environmental harm have been adopted and, if not, why they were
			 not.
(3) A brief summary of the
			 sponsoring agency's consultation with interested persons and other federal,
			 state or local agencies prior to and during the preparation of an environmental
			 impact evaluation.
(4) Copies of
			 required notices and other advertisements of the availability of the
			 environmental impact evaluation.
(5) A brief summary of the public hearing
			 record, in those cases when one is conducted in accordance with Section
			 22a-1a-9
			 of the CEPA regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 1a - Connecticut Environmental Policy Act › Section 22a-1a-11 - Time period for project status updates; review for changed conditions

Current through July 10, 2024
(a) For each action requiring public scoping
			 under section
			 22a-1a-6
			 of the CEPA regulations, a publicly accessible inventory of project-specific
			 information, as published and maintained by the Office of Policy and Management
			 in consultation with the Department of Energy and Environmental Protection and
			 the Council on Environmental Quality, shall include, at a minimum:
(1) The date that a sponsoring agency
			 publishes any post-scoping notice or action status update, in accordance with
			 section
			 22a-1a-7
			 of the CEPA regulations;
(2) The
			 date that the Office of Policy and Management publishes its determination of
			 adequacy for any environmental impact evaluation and record of decision, in
			 accordance with section
			 22a-1a-10(e)
			 of the CEPA regulations; and
(3)
			 Any other information the Office of Policy and Management deems
			 appropriate.
Connecticut Administrative Code › Title 22a - Environmental Protection › 3a - Rules of Practice › Section 22a-3a-2 - General

Current through July 10, 2024
(a)
Definitions
(1) As used in these Rules of Practice:
"Applicant" means a person who files an application with the
				Department.
"Application" means a request for a Department license or
				renewal thereof, for a modification of a Department license if the modification
				is sought by the licensee, for certification under Section 401 of the Clean
				Water Act,
				33
				U.S.C. Section 1341, or for a
				variance.
"Commissioner" means the Commissioner of Environmental
				Protection or his agent.
"Day" means calendar day.
"Department" means the Department of Environmental
				Protection.
"Office of Adjudications" means the Department's Office of
				Adjudications.
"Order" means, unless otherwise indicated by the context, all
				or part of a Department order to enforce a statute, regulation or license, or
				of a notice to revoke, suspend, or modify a license, or of a notice under
				section
				22a-6b
				of the General Statutes, or of a notice under section
				22a-52
				of the General Statutes, or any other Department action with respect to which
				there is an opportunity for hearing under the terms of an applicable statute or
				regulation. An order does not include a ruling as defined in this
				subsection.
"Petition" means a request for the Department to issue a
				declaratory ruling or to adopt, amend or repeal a regulation.
"Pleading" means a paper filed in a contested case other than
				an application, petition or document offered into evidence.
"Proceeding" means, unless otherwise indicated by the context,
				a licensing, a contested case, a regulation-making, a proceeding on a petition
				for a declaratory ruling, or any other matter which is a proceeding under
				law.
"Respondent" means a person to whom a Department order is
				issued.
"Ruling" means a decision or directive of the hearing officer,
				Director of Adjudications, or the Commissioner, other than a proposed final
				decision or final decision.
"Staff" means those employees acting in their official capacity
				or that bureau, division, unit, or section of the Department participating in a
				contested case.
(2) As used
			 in these Rules of Practice, the following terms shall be defined as they are
			 defined in section
			 4-166 of the General
			 Statutes: contested case, final decision, hearing officer, intervenor, license,
			 licensing, party, person, proposed final decision, proposed regulation,
			 regulation, and regulation-making.
Connecticut Administrative Code › Title 22a - Environmental Protection › 3a - Rules of Practice › Section 22a-3a-5 - Licenses

Current through July 10, 2024
(a)
Form and filing of
			 applications
(1) Any application for a
			 license shall be in such form as may be prescribed by the Commissioner and
			 shall be in writing. In addition to any other information required by an
			 application form or applicable statute or regulation, an application shall
			 indicate:
(A) the name, address and telephone
			 number of the applicant and of his attorney or other representative, if any,
(B) the license or licenses
			 sought,
(C) the statutes and
			 regulations applicable to the application,
(D) the applicant's proposal and the
			 facilities, activities, and sites which are the subject of or are affected by
			 the application,
(E) any other
			 information which the Commissioner may require for the purpose of reviewing the
			 application in accordance with applicable statutory and regulatory criteria,
(F) any additional information
			 which the applicant considers relevant, and
(G) an executive summary. The executive
			 summary shall clearly and concisely summarize the information contained in the
			 application.
Connecticut Administrative Code › Title 22a - Environmental Protection › 3a - Rules of Practice › Section 22a-3a-6 - Contested cases

Current through July 10, 2024
Part A-General
(a)
Scope and applicability
This section governs proceedings in all contested cases. Except
				as otherwise provided in these Rules of Practice, all rights, obligations and
				privileges of a party under this part apply equally to the Staff, and the term
				"party" shall be deemed to include the Staff.
(b)
Filing, service, and form of
			 pleadings
(1) Except as otherwise
			 provided in these Rules of Practice, the original of any pleading which is
			 required or allowed to be filed under this section shall be filed in the Office
			 of Adjudications.
(2) The first
			 page of every pleading shall contain a caption identifying the respondent,
			 applicant, or declaratory ruling petitioner and the number of the order,
			 application, or declaratory ruling petition which is the subject of the
			 proceeding.
(3) Every pleading
			 shall be signed by the person filing or by his attorney or other
			 representative, if any. The signature constitutes a representation by the
			 signer that he has read the pleading, that to the best of his knowledge,
			 information and belief the statements made therein are true and complete, and
			 that the pleading is not filed for the purpose of delay or
			 harassment.
(4) The initial
			 pleading filed by any person shall contain the name, address and telephone
			 number of the person filing and of his attorney or other representative, if
			 any. Any change in this information shall, within seven days after such person
			 becomes aware of such change, be communicated in writing to the Office of
			 Adjudications and to all persons upon whom pleadings shall be served under
			 subdivision (5) of this subsection.
(5) A copy of every pleading shall be served
			 personally or by mail upon all parties and intervenors and upon any person who,
			 to the knowledge of the pleader, has filed a request for status as a party or
			 intervenor but whose request has not yet been disposed of Every pleading filed
			 shall be accompanied by a certification in substantially the following form:
Click here
				to view image.
(6) Service of pleadings shall be complete
			 upon personal delivery or mailing. When a pleading is served by mail, three
			 days shall be added to any time allowed for the filing of a responsive
			 pleading.
(7) The date of filing of
			 any pleading required or allowed under this section shall be the date such
			 pleading is received in the Office of Adjudications.
(8) No pleading shall be filed electronically
			 without the consent of the hearing officer and the other parties and
			 intervenors, and no pleading shall be served electronically on any party or
			 other person without the consent of such party or person.
(9) The Office of Adjudications or a hearing
			 officer may reject any filing for failure to comply with this
			 subsection.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-2 - Purpose

Current through July 10, 2024
The department's Administrative Civil Penalty Regulations are
				  intended to: establish standards and procedures for assessing administrative
				  civil penalties for violations of certain statutes, regulations, orders, and
				  licenses administered or issued by the commissioner; expedite the department's
				  administrative enforcement processes; remove any competitive or financial gain
				  associated with noncompliance; insure immediate compliance and deter future
				  noncompliance; and assure fairness and consistency in the assessment of
				  administrative civil penalties. The department's Administrative Civil Penalty
				  Regulations are only applicable to administrative enforcement actions as
				  identified herein and taken hereunder.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-4 - Procedures

Current through July 10, 2024
Except as may be provided in section
				  22a-6b
				  of the Connecticut General Statutes and in the department's Administrative
				  Civil Penalty Regulations, all proceedings on penalty notices shall be governed
				  by the department's Rules of Practice, sections
				  22a-3a-2 and
				  22a-3a-6 of the
				  Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-5 - Scope of issues at hearing

Current through July 10, 2024
The issues that may be raised at a hearing on a penalty
				  notice shall be pertinent to any of the following:
(1) Occurrence of the stated
				violation;
(2) Assessment of the
				administrative civil penalty;
(3)
				Mitigating factors; and
(4) Any
				other issue required by law for the commissioner to determine in a hearing on a
				penalty notice.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-6 - Burden of proof

Current through July 10, 2024
In any proceeding on a penalty notice, the staff shall have
				  the burden of going forward and of persuasion as to the occurrence of a
				  violation and the assessment of the penalty consistent with section
				  22a-6b
				  of the Connecticut General Statutes and the department's Administrative Civil
				  Penalty Regulations, except that the respondent shall have the burden of going
				  forward and of persuasion as to any factor tending to mitigate the amount of
				  the penalty assessed for such violation.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-9 - Assessment of administrative civil penalty-penalty recalculation

Current through July 10, 2024
(a) After the issuance of a penalty notice,
				the commissioner may recalculate the penalty assessed in such notice based on
				the commissioner's consideration of new or additional information pertaining to
				the veracity of the alleged violation or the accuracy of the assessed penalty,
				or based on the commissioner's consideration of the economic and financial
				condition of the respondent following the respondent's written claim of
				inability to pay.
(b) If the
				commissioner recalculates the penalty and the recalculated penalty can not be
				resolved by agreement, the commissioner may issue an amended penalty notice
				that assesses the recalculated penalty and states the respondent's right to
				request a hearing on such amended notice within 30 days after respondent's
				receipt of such notice. The penalty assessed in any amended penalty notice
				shall not be less than the economic benefit of noncompliance.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-10 - Settlement conferences

Current through July 10, 2024
(a) Within 30 days
				after receipt of a respondent's request for hearing on a penalty notice, the
				commissioner may schedule a settlement conference; such settlement conference
				shall be conducted by a referee. The purpose of such settlement conference
				shall be to attempt to resolve such penalty notice without the need for a
				hearing.
(b) If the respondent to a
				penalty notice fails without good cause to appear at a scheduled settlement
				conference, the assigned hearing officer shall schedule a hearing on such
				penalty notice.
(c) Promptly upon
				completion of a settlement conference at which the respondent appears, but in
				any event no later than seven days thereafter, the assigned hearing officer
				shall, with respect to any penalty notice covered or scheduled to be covered at
				such conference, either issue a notice of hearing date on the penalty notice,
				or if the referee recommends to the assigned hearing officer that resolution of
				the dispute without a hearing is likely, the hearing officer may issue a notice
				of the date by which a consent order signed by the respondent to resolve such
				notice shall be submitted to the hearing officer by the parties. If the parties
				fail to submit such consent order by the established date, the hearing officer
				shall promptly issue a notice of hearing date on the penalty notice.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-11 - Assessment of administrative civil penalty-resolution of penalty notice prior to completion of settlement conference

Current through July 10, 2024
To encourage early resolution of a penalty notice, if the
				  respondent demonstrates to the commissioner's satisfaction that the respondent
				  has, prior to completion of the settlement conference, either corrected a
				  violation alleged in such penalty notice, or agreed to and is in compliance
				  with a final order from the commissioner to correct such violation, the
				  assessed penalty for such violation shall be reduced by 20%, provided that the
				  respondent has, prior to completion of the settlement conference, waived its
				  right to a hearing on all parts of the penalty notice pertaining to such
				  violation and remitted payment of the associated administrative civil penalty
				  for such violation. The total penalty reduction granted under this section for
				  a single penalty notice shall not exceed $20,000.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-12 - Assessment of administrative civil penalty-resolution of penalty notice after settlement conference but prior to hearing

Current through July 10, 2024
To encourage resolution of a penalty notice prior to hearing,
				  if the respondent demonstrates to the commissioner's satisfaction that the
				  respondent has, prior to hearing, either corrected a violation alleged in a
				  penalty notice, or agreed to and is in compliance with a final order from the
				  commissioner to correct such violation, the assessed penalty for such violation
				  shall be reduced by 10%, provided that respondent has, after settlement
				  conference and prior to hearing, waived its right to a hearing on all parts of
				  the penalty notice pertaining to such violation and remitted payment of the
				  associated administrative civil penalty for such violation after the settlement
				  conference but prior to a hearing on said penalty notice. The total penalty
				  reduction granted under sections
				  22a-6b-11
				  and 22a-6b-12 combined shall not exceed $20,000 for a single penalty
				  notice.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-13 - Assessment of administrative civil penalty-resolution of penalty notice by consent order

Current through July 10, 2024
In negotiating a final resolution of a penalty notice, the
				  commissioner may mitigate a penalty upon his consideration of any of the
				  following:
(1) The risks and costs
				associated with further litigation and whether such litigation would best serve
				the public interest.
(2) Any other
				factors the commissioner deems appropriate, including voluntary measures the
				Respondent agrees to undertake to prevent pollution or enhance or preserve
				natural resources.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-14 - Final decision on a penalty notice

Current through July 10, 2024
The commissioner shall render a final decision on a penalty
				  notice as follows:
(1) If the
				respondent is not found to have committed a violation alleged in a penalty
				notice, there shall be no penalty assessed for such alleged
				violation.
(2) If the respondent is
				found to have committed a violation alleged in a penalty notice, the penalty
				assessed for such violation shall be the penalty stated in such notice, except
				that the commissioner shall adjust an administrative civil penalty in
				accordance with both the evidence and the provisions of the department's
				Administrative Civil Penalty Regulations, provided that the adjusted penalty is
				not greater than the penalty stated in such notice.
Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-15 - Payment of penalties

Current through July 10, 2024
Any penalty paid under the department's Administrative Civil
				  Penalty Regulations shall be remitted by bank check or certified check payable
				  to "Treasurer, State of Connecticut." The check shall indicate on its face
				  "Administrative Civil Penalty" and the action or docket number of the penalty
				  notice under which it is paid. The check shall be mailed or personally
				  delivered to the Department of Environmental Protection, Bureau of
				  Administration, 79 Elm Street, Hartford, CT 06106.
Connecticut Administrative Code › Title 22a - Environmental Protection › 27l - Administer the Distribution and Expenditure of Funds in the Endangered Species, Natural Area Preserve and Watchable Wildlife Account › Section 22a-27l-1 - Definitions as used in sections 22a-27-1, 22a-27-2 and 22a-27-3

Current through July 10, 2024
(1) "Account" means the endangered species,
			 natural area preserves and watchable wildlife account established by section
			 22a-27
l
of the general statutes.
(2) "Commissioner" means the commissioner of
			 environmental protection.
(3)
			 "Endangered Species" means "endangered species" or "threatened species" as
			 defined in section
			 26-304 of
			 the general statutes.
(4)
			 "Essential Habitat" means "essential habitat" as defined in section
			 26-304 of
			 the general statutes.
(5) "Fiscal
			 Year" is defined as the period July 1 through June 30 of each year.
(6) "Natural Area Preserve" means "natural
			 area preserve" as defined in section
			 23-5b of
			 the general statutes.
(7)
			 "Nonharvested Wildlife" means any species of wildlife for which no open season
			 for taking or hunting has been established by the general statutes or by the
			 department of environmental protection.
(8) "Wildlife" means "wildlife" as defined in
			 section
			 26-304 of
			 the general statutes.
Connecticut Administrative Code › Title 22a - Environmental Protection › 27l - Administer the Distribution and Expenditure of Funds in the Endangered Species, Natural Area Preserve and Watchable Wildlife Account › Section 22a-27l-2 - Distribution of funds in the account

Current through July 10, 2024
(a) The
			 commissioner shall determine whether the funds deposited into the account shall
			 be used for:
(1) the identification,
			 protection, conservation or management of, or the development and production of
			 materials or facilities providing information or education concerning,
			 endangered species, natural area preserves or nonharvested wildlife;
			 or
(2) the promotion of the income
			 tax contribution system established under section
			 22a-27
l
and promotion of the account.
Connecticut Administrative Code › Title 22a - Environmental Protection › 27l - Administer the Distribution and Expenditure of Funds in the Endangered Species, Natural Area Preserve and Watchable Wildlife Account › Section 22a-27l-3 - Expenditure of funds

Current through July 10, 2024
(a) The
			 commissioner shall consider and shall expend funds in the account for one or
			 more of the following purposes which may be undertaken by or for the department
			 of environmental protection:
(1) research,
			 pertaining to creating, conducting or updating new or existing inventories
			 regarding endangered species, natural area preserves or nonharvested
			 wildlife;
(2) gathering, preparing
			 or disseminating information about endangered species, nonharvested wildlife,
			 natural area preserves, or areas which may prove worthy of inclusion within a
			 system of natural area preserves;
(3) conserving, protecting, restoring or
			 enhancing any natural area preserve or the habitat used or inhabited by any
			 endangered species or nonharvested wildlife;
(4) identifying, protecting, conserving,
			 managing or monitoring any endangered species or nonharvested wildlife or
			 ecological, scientific, educational, historical, economic, recreational or
			 aesthetic value;
(5) educating the
			 public about or providing access to endangered species, natural area preserves
			 or nonharvested wildlife;
(6)
			 identifying any species of wildlife or plant which has or could become
			 endangered and identifying or studying the causes or reasons why such species
			 of plant or wildlife has or may become endangered; or
(7) promotion of the income tax contribution
			 system established under section
			 22a-27
l
and promotion of the account.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-1 - Title and authority

Current through July 10, 2024
These regulations shall be known as the "Tidal Wetlands
				Regulations of the Connecticut Department of Environmental Protection." They
				are promulgated under the authority of Sections
				22a-30
				and
				22a-6
				of the General Statutes.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-2 - Definitions

Current through July 10, 2024
As used in sections
				22a-30-1 to
				22a-30-17,
				inclusive, of the Regulations of Connecticut State Agencies:
(a) The following terms are used as defined
			 in section
			 22a-29
			 of the General Statutes: "commissioner", "person", "regulated activity",
			 "wetland";
(b) The following terms
			 are used as defined in section
			 22a-93 of the General
			 Statutes: "adverse impacts on coastal resources", "coastal resources"; "coastal
			 waters", "water-dependent uses";
(c) "Applicant" means a person who files an
			 application for a permit issued by the department pursuant to section
			 22a-32
			 of the General Statutes and who is either the owner of the land on which the
			 proposed regulated activity will be located, a contract vendee of such owner, a
			 lessee of such owner, or the person who will actually control and direct the
			 undertaking of the proposed activity;
(d) "Department" means the department of
			 environmental protection;
(e)
			 "Party" means party as defined by section
			 4-166 of the General
			 Statutes;
(f) "Permit or license"
			 means license as defined by section
			 4-166 of the General
			 Statutes;
(g) "Areas formerly
			 connected to tidal waters" means those areas which have retained tidal wetland
			 soil characteristics, which can support some but not necessarily all of the
			 vegetation specified in section
			 22a-29
			 of the General Statutes upon reestablishment of a tidal connection, and to
			 which a tidal connection can be reestablished. Areas formerly connected to
			 tidal waters shall not include:
(1) Areas
			 which have been filled to an elevation greater than one foot above local
			 extreme high water where such filling occurred prior to 1972 or to the adoption
			 of a tidal wetland map for such area pursuant to section
			 22a-30
			 of the General Statutes, whichever is later;
(2) Areas to which a tidal connection has
			 been permanently blocked or severed and where re-establishment of a tidal
			 connection would endanger existing structures for which alternative means of
			 protection such as floodproofing and elevation are not feasible; or
(3) Areas which are no longer wetland but
			 which are another coastal resource as defined by section
			 22a-93 of the General
			 Statutes and which function as a healthy, stable habitat.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-3 - Entrance onto private property

Current through July 10, 2024
In the performance of his duties under sections
				22a-8
				through
				22a-35
				and section
				22a-5(d)
				of the General Statutes, the commissioner or his designated agent pursuant to
				section
				22a-6
				of the General Statutes may enter at all reasonable times upon any public or
				private property, for the purpose of inspection and investigation to ascertain
				possible violations of these regulations or for the purpose of inventorying,
				mapping and revising maps of all wetlands.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-5 - Activities not regulated

Current through July 10, 2024
In accordance with the provisions of sections
				22a-29,
				22a-361,
				and
				22a-363b
				of the General Statutes, the following activities are excluded from regulation
				under section
				22a-32
				of the General Statutes and these regulations:
(1) Activities conducted by the mosquito
			 control division of the department of health services;
(2) Conservation activities of the state
			 department of environmental protection;
(3) Construction or maintenance of aids to
			 navigation which are authorized by governmental authority;
(4) The emergency decree of any duly
			 appointed health officer of a municipality acting to protect the public
			 health;
(5) Activities authorized
			 under a general permit issued pursuant to section
			 22a-361
			 of the General Statutes;
(6)
			 Activities authorized under a certificate of permission pursuant to section
			 22a-363b
			 of the General Statutes.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-7 - Processing of an application

Current through July 10, 2024
(a)
Copies of
			 application to be provided.
The commissioner shall cause copies of all
			 complete applications submitted under these regulations to be provided to all
			 persons required to receive such applications pursuant to section
			 22a-32
			 of the General Statutes.
(b)
Public notice.
Following the receipt of a complete application,
			 the commissioner shall publish a public notice of his intent to conduct or
			 waive a hearing on such application in a newspaper having general circulation
			 in the town or towns in which the proposed regulated activity or any part
			 thereof is located. Such notice shall contain the information listed in
			 subsection (c) and shall be issued in accordance with the provisions of
			 sections
			 22a-361
			 and
			 22a-32
			 of the General Statutes.
(c)
Content of public notices.
Public notices issued pursuant to
			 subsection (b) of these regulations shall include at a minimum the following:
(1) A reference to the particular sections of
			 the statutes and regulations pertinent to the consideration of the
			 application;
(2) A short and plain
			 statement of the matters relevant to the consideration and evaluation of the
			 application including:
(A) A concise
			 description of the proposed activity;
(B) The specific geographic location of the
			 activity or address of the property on which the proposed activity is to
			 occur;
(C) The name of the
			 applicant and his designated agent if applicable;
(D) The name of the owner of record of the
			 property on which the proposed regulated activity is to be conducted, if the
			 applicant is not the owner;
(E)
			 Where applicable, the ecological unit, subdivision, drawing and parcel
			 number(s) from the wetland map showing the wetland on which the proposed
			 regulated activity is to be conducted;
(F) The date of the plans showing the
			 proposed activity;
(G) The address
			 and location of the office(s) at which the complete applications on file for
			 inspection; and
(H) Any additional
			 information the commissioner deems necessary.
(3) In the event a hearing is to be held, a
			 statement of the date, time, place, nature of the hearing and a statement of
			 the legal authority and jurisdiction under which the hearing is to be
			 held;
(4) In the event the hearing
			 is proposed to be waived, a comment period for receipt of written comments on
			 the application. The comment period shall run for a period not less than forty
			 (40) days nor more than forty-five (45) days from the date of issuance of the
			 notice of intent to waive the public hearing.
(5) The commissioner's tentative decision
			 regarding the application, pursuant to sections
			 22a-32
			 and
			 22a-361
			 of the General Statutes.