Section 22a-158b - Action to enjoin act, practice or omission that constitutes violation(a) Whenever, in the judgment of the Commissioner of Energy and Environmental Protection, any person has engaged in or is about to engage in any act, practice or omission that constitutes, or will constitute, a violation of any provision of this chapter, or any regulation adopted or order issued pursuant to this chapter, the Attorney General may, at the request of the commissioner, bring an action in the superior court for the judicial district of New Britain for an order enjoining such act, practice or omission. Such order may require remedial measures and direct compliance. Upon a showing by the commissioner that such person has engaged in or is about to engage in any such act, practice or omission, the court may issue a permanent or temporary injunction, restraining order or other order, as appropriate.(b) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial as provided in section 52-191.(c)(1) Whenever the commissioner finds after investigation that any person is causing, engaging in or maintaining, or is about to cause, engage in or maintain, any condition or activity that, in the commissioner's judgment, will result in or is likely to result in imminent threat to human health or the environment within the jurisdiction of the commissioner under the provisions of this chapter, or whenever the commissioner finds after investigation that there is a violation of the terms and conditions of a permit or license issued by the department that is, in the commissioner's judgment, substantial and continuous and it appears prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, or whenever the commissioner finds after investigation that any person is conducting, has conducted or is about to conduct an activity that will result in or is likely to result in imminent damage to the environment, or to public health within the jurisdiction of the commissioner under the provisions of this chapter for which a license, as defined in section 4-166, is required under the provisions of this chapter without obtaining such license, the commissioner may, without prior hearing, impound the source of ionizing radiation, or contract to impound such source.(2) The commissioner shall, not later than ten days after the date of impounding material pursuant to subdivision (1) of this subsection, hold a hearing to provide any such person an opportunity to be heard and show that such violation does not exist or such violation has not occurred or a license was not required or all required licenses were obtained. All briefs or legal memoranda to be presented in connection with such hearing shall be filed not later than ten days after such hearing. Such order shall remain in effect until fifteen days after the hearing, during which time a new decision based on the hearing shall be made by the commissioner.(3) Any person who is found by the commissioner to have violated any provision of this chapter, resulting in impoundment pursuant to this subsection, shall be liable for any costs of such impoundment, provided any provisions of this subsection concerning a continuing violation shall not apply to a person during the time when a hearing on an order issued pursuant to this subsection or an appeal is pending. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such costs.(4) The commissioner shall have the authority to enter into a contract for the storage of impounded material, as necessary, to carry out the provisions of this subsection.Conn. Gen. Stat. § 22a-158b
Amended by P.A. 23-0153, S. 5 of the Connecticut Acts of the 2023 Regular Session, eff. 6/26/2023.