Sec. 22a-432. (Formerly Sec. 25-54k). Order to correct potential sources of pollution.
260 words·~1 min read·
/ct/title-22a/chapter-446k-water-pollution-control/22a-432·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the commissioner finds that any person has established a facility or created a condition before or after June 25, 1985, or is maintaining any facility or condition which reasonably can be expected to create a source of pollution to the waters of the state, he may issue an order to such person to take the necessary steps to correct such potential source of pollution. Any person who receives an order pursuant to this section shall have the right to a hearing and an appeal in the same manner as is provided in sections 22a-436 and 22a-437 .
If the commissioner finds that the recipient of any such order fails to comply therewith, he may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person from maintaining such potential source of pollution to the waters of the state or to take the necessary steps to correct such potential source of pollution. All actions brought by the Attorney General pursuant to the provisions of this section shall have precedence in the order of trial as provided in section 52-191 .
An innocent landowner, as defined in section 22a-452d , shall not be held liable, except through imposition of a lien against the contaminated real estate under section 22a-452a , for any order issued under this section on or before August 1, 1990, which order is subject to appeal as of July 6, 1995, and, after July 1, 1996, for any order issued under this section after July 1, 1996.