(a) As used in this title and chapters 263, 268, 348, 360, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where otherwise provided, “commissioner” means the Commissioner of Energy and Environmental Protection or his or her designated agent. The Commissioner of Energy and Environmental Protection shall have the authority to designate as his or her agent (1) any deputy commissioner to exercise all or part of the authority, powers and duties of said commissioner in his or her absence, (2) any deputy commissioner or any employee, assistant or agent employed pursuant to section
22a-4 to exercise such authority of the Commissioner of Energy and Environmental Protection as he or she delegates for the administration or enforcement of any applicable statute, regulation, permit or order, (3) the Commissioner of Emergency Services and Public Protection and any local air pollution control official or agency to exercise such authority as the Commissioner of Energy and Environmental Protection delegates for the enforcement of any applicable statute, regulation, order or permit pertaining to air pollution, except the authority to render a final decision, after a hearing, assessing a civil penalty under said section
22a-6b, and (4) any municipal police department the authority to enforce the provisions of chapters 268 and 490.
(b) As used in this chapter, and chapters 263, 268, 348, 360, 440, 446d, 446i, 446k, 447, 448, 449, 452, 462, 474, 476, 477, 478, 479, 490 and 495, except where otherwise provided, “person” means any individual, firm, partnership, association, syndicate, company, trust, corporation, nonstock corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, or other legal entity of any kind.
(1971, P.A. 872, S. 2; P.A. 73-665, S. 5, 17; P.A. 74-187, S. 4; P.A. 75-441, S. 1, 2; P.A. 77-41, S. 1, 2; 77-614, S. 486, 610; P.A. 89-224, S. 11, 22; P.A. 90-173, S. 7; 90-230, S. 32, 101; P.A. 92-162, S. 1, 25; P.A. 93-428, S. 32, 39; P.A. 95-79, S. 90, 189; P.A. 11-51, S. 134; 11-80, S. 55; P.A. 17-214, S. 15.)
History: P.A. 73-665 added Subsecs. (b) and (c) defining “commissioner” and “person” and setting forth list of those who may serve as commissioner's agents; P.A. 74-187 added references to chapter 440 in Subsecs. (b) and (c); P.A. 75-441 added Subsec. (b)(4) authorizing municipal police departments to serve as commissioner's agents in enforcing chapters 268 and 490; P.A. 77-41 authorized deputy commissioners to act for commissioner under Subsec. (b)(2); P.A. 77-614 substituted commissioner of public safety for commissioner of state police in Subsec. (b), effective January 1, 1979; P.A. 89-224 added references to chapter 495; P.A. 90-173 and 90-230 corrected internal references in Subsecs. (b) and (c); P.A. 92-162 amended Subsec. (b) to apply the definition of commissioner throughout title 22a; P.A. 93-428 deleted provision disallowing delegation of authority of the commissioner to render a final decision assessing administrative civil penalties, effective July 1, 1993; P.A. 95-79 amended Subsec. (c) to redefine “person” to include a limited liability company, effective May 31, 1995; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 11-80 deleted former Subsec. (a) re establishment of Department of Environmental Protection, redesignated existing Subsecs. (b) and (c) as Subsecs. (a) and (b), changed “Commissioner of Environmental Protection” to “Commissioner of Energy and Environmental Protection” and made technical changes, effective July 1, 2011; P.A. 17-214 amended Subsec. (b) by adding “nonstock corporation,”, effective July 1, 2017.
See Sec. 7-136h re preliminary review of municipal petitions, applications or permit requests.
Cited. 204 C. 38; Id., 212; 226 C. 737.
Notes of Decisions
Comm'r of Env't Prot. v. Mellon, 945 A.2d 464 (Conn. 2008).
· cites it 12× “In the present case, the commissioner contends that the word “person,” as used in § 22a-18 (e), is defined in General Statutes § 22a-2 (c), which provides in relevant part: “As used in this chapter 6 .”
Celentano v. Rocque, 923 A.2d 709 (Conn. 2007).
· cites it 5× “” General Statutes § 22a-2 (c) provides in relevant part: “ ‘[P]erson’ means any individual, firm, partnership, association, syndicate, company, trust, corporation, limited liability company, municipality, agency or political or administrative subdivision of the state, or other…”
Genesky v. Town of East Lyme, 881 A.2d 114 (Conn. 2005).
· cites it 2× “or purposes of certain criminal prosecutions); General Statutes § 17a-185 (transportation of person age sixteen or seventeen in need of shelter or care); General Statutes § 21a-36 (c) (exemption from requirement of vending machine operator's license); General Statutes § 21a-161c…”
Burton v. Dept. of Env't Prot., 337 Conn. 781 (Conn. 2021).
“to 2005) § 22a-2 (a).11 Because radiologi- cal discharge by nuclear power plants is regulated exclusively by the federal government, the hearing offi- cer’s decision to preclude paragraph 5B for lack of jurisdiction was not an abuse of discretion.”
Rocque v. DeMilo & Co., Inc., 857 A.2d 976 (Conn. App. Ct. 2004).
· cites it 2× “General Statutes § 22a-2 (a) provides in relevant part: “There shall be a Department of Environmental Protection which shall have jurisdiction over all matters relating to the preservation and protection of the air, water and other natural resources of the state.”
River Bend Assocs., Inc. v. Water Pollution Control Auth., 809 A.2d 492 (Conn. 2002).
· cites it 2× “” The mandatory delegation to the commissioner of public health required by § 22a-430 (g) is given effect by § 22a-430-l (b) (1) (A) of the Regulations of Connecticut State Agencies, which provides: “The Commissioner may by agreement delegate authority to issue permits,…”
Diamond v. Marcinek, 629 A.2d 350 (Conn. 1993).
· cites it 2× “See General Statutes §§ 22a-2, 22a-5 and 22a-424.”
Keiser v. Zoning Comm'n, 806 A.2d 103 (Conn. App. Ct. 2002).
· cites it 3× “The zoning commission argues that jurisdiction over the environmental issues in the present case rests with the department of environmental protection because of General Statutes § 22a-2 (a), which provides in relevant part that “[t]here shall be a Department of Environmental…”
Collins v. Olin Corp., 418 F. Supp. 2d 34 (D. Conn. 2006).
· cites it 2× “” Conn. Gen.Stat. § 22a-2(a). Among the extensive statutory powers granted to the DEP is the power to adopt regulations “setting forth standards for the remediation of environmental pollution at hazardous waste disposal sites and other properties which have been subject to a…”
Berlin Batting Cages, Inc. v. Plan. & Zoning Comm'n, 821 A.2d 269 (Conn. App. Ct. 2003).
“General Statutes § 22a-68 defines “commissioner” as “the Commissioner of Environmental Protection or his designated agent as defined in subsection (b) of section 22a-2.” Section X (D) (3) of the regulations, by its terms, purported to adopt the noise control regulations…”
Martin v. Shell Oil Co., 198 F.R.D. 580 (D. Conn. 2000).
“§ 22a-l (enacting environmental protection laws “to enhance the health, safety and welfare of the people of the state”) and § 22a-2 (granting CTDEP “jurisdiction over all matters relating to the preservation and protection of the air, water and other natural resources of the…”
Ertel v. Rocque, 946 A.2d 1251 (Conn. App. Ct. 2008).
· cites it 2× “Under General Statutes § 22a-2, the commissioner has the authority to designate an agent to exercise his authority for the administration or enforcement of any applicable statute, regulation, permit or order.”
— Conn. Gen. Stat. § 22a-2(a) — 1 case
Collins v. Olin Corp., 418 F. Supp. 2d 34 (D. Conn. 2006).
“” Conn. Gen.Stat. § 22a-2(a). Among the extensive statutory powers granted to the DEP is the power to adopt regulations “setting forth standards for the remediation of environmental pollution at hazardous waste disposal sites and other properties which have been subject to a…”
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